Bill C-321

An Act to amend the Criminal Code (assaults against persons who provide health services and first responders)

This enactment amends the Criminal Code to require a court to consider the fact that the victim of an assault is a person who provides health services or a first responder to be an aggravating circumstance for the purposes of sentencing.

[Tako Van Popta, Conservative, Langley—Aldergrove, BC]

Okay.

What we're studying here today is Bill C-321, a private member's bill from our colleague Mr. Doherty. It would make assaulting a health care worker an aggravating circumstance in sentencing. With this additional data, what difference will that make in sentencing? What we're really after is to keep our health care workers safer through law enforcement.

[Rhéal Fortin, Bloc, Rivière-du-Nord, QC]

The idea behind Bill C‑321 is that these situations would lead to harsher sentences or have to be considered an aggravating circumstance. However, the bill would not do anything to change the degree or threshold of proof required in cases involving assaults or threats. How will the provision in Bill C‑321 help you? What will change for you, your members and your co‑workers if the bill is passed?

[Rhéal Fortin, Bloc, Rivière-du-Nord, QC]

I found it very troubling—and my fellow members would no doubt agree—when you said that a good many assaults against first responders simply go unreported. Would the passage of Bill C‑321 make a difference on that front, or are there other things we can do as well?

For example, do you feel as though you have adequate physical protection when you respond to a situation? First, is there additional equipment you should have? Second, do your superiors encourage you to report incidents? You said that there wasn't too much paperwork, but isn't there anything that could be improved on that end?

Do you think stiffer sentencing for those convicted of assaulting health care professionals or paramedics is enough to make a difference?

[Paul Hills, President of the Saskatoon Paramedics Association, International Association of Fire Fighters]

Thank you, Mr. Chair.

Thank you, committee, and fellow witnesses. I appreciate the opportunity to be here today to discuss Bill C-321. As stated before, I am Paul Hills, president of the Saskatoon Paramedics Association. I represent IAFF Local 3270.

On behalf of over 27,000 paramedics and firefighters across Canada who belong to the IAFF, we strongly support Bill C-321. I personally have been coming to the Hill and advocating on this issue for over a decade. I've been a medic for over 25 years and a strong advocate for my profession for over 18. I serve one of the busiest cities per capita in Canada for EMS. I'm here personally because I have been a victim of violence and witnessed external acts of violence in the workplace.

I'll give you just a quick snapshot of what a shift look like for a paramedic. We normally start our 12-hour shift with a team briefing. We check our trucks and then it's go, go, go. We rarely have any breaks. That means no breakfast, no lunch and no supper as compared with the average worker, not to mention all while experiencing some of the most horrific and heart-wrenching situations that exist in society—incidents involving children being stabbed by their parents, or families tragically dying in motor vehicle collisions.

The IAFF supports this bill because we believe that this legislation and the tougher penalties it proposes will build a strong foundation to address the growing trend of violence towards first responders and health care workers across Canada. The Criminal Code rightly addresses acts of violence against peace officers. This is now an opportunity to address acts of violence against paramedics and firefighters, almost a daily occurrence.

As a paramedic, I've seen many new pieces of safety equipment added to our ensemble over the years. The one piece of equipment coming out of school that I never thought I would be issued is that of a bulletproof vest. We've been wearing them in Saskatoon for over 15 years. This is not a piece of equipment that I as a paramedic should be issued. Last I checked, it's for military and police officers, not frontline health care workers.

An IAFF survey has shown that 13% of departments experienced at least one act of violence toward on-duty personnel at structure fires in the past five years, while 40% reported acts of violence toward personnel during medical calls in that same time period. I know first-hand that violence and threats against us are on the rise. There is no shortage of examples.

Personally, I've had my life and those of my family threatened by gang members. I've had machetes and knives pulled on me. I've removed guns from patients while attending to their medical needs. My best friend was in a house and had a patient with a nine-millimetre beside him in the chair. He had to choose: Possibly get shot in the face and have a chance to fight back, or run away and get shot in the back. Luckily, things turned out safely.

In Toronto just two weeks ago, a firefighter attempting to put out a fire in an encampment was attacked with a six-foot piece of PVC piping and hit in the face for no reason whatsoever.

In British Columbia, interactions with overdose patients have become violent or aggressive once we've rendered medical care to save their lives.

In Winnipeg, a firefighter got stabbed in the back while attending to a patient on a sidewalk.

I could spend the rest of the hour sharing real-life events—my partner here could as well—of violent acts or near misses, but the takeaway is that it's real. It's happening right now.

We must acknowledge that the consequences of violent calls aren't just physical injuries. There may be long-lasting mental health injuries. In Montreal, for example, a Local 125 member was chased by a man with a large knife. He had to barricade himself in a room. Although he was not physically injured, he was never able to return to work after 10 years of disability.

The IAFF understands and supports the overarching need to address root causes behind violent acts towards paramedics, firefighters and health care workers. These may stem from societal issues, such as economic inequality, addictions and mental health. In the meantime, we agree that there is a role for the federal government to play in protecting paramedics and firefighters and health care workers from the real threat of workplace violence in the form of tougher Criminal Code penalties.

To me, it isn't just about accountability for those who perpetrate violence against us or other health care workers. To me, it's about closure for the victim. The closure comes from a recognition of decision-makers that we deserve better by caring for those who care for all of us in our time of need. We need to use all the tools in the tool box, as we've discussed, whether it be Bill C-3, Bill C-321 or Bill C-324, to help deter the violence and help the helpers.

Bill C-321 will definitely help in this mission. We urge the committee members to support this bill going forward, with any amendments that are necessary.

Thank you for this opportunity. I look forward to answering any questions.

[Todd Doherty, Conservative, Cariboo—Prince George, BC]

Thank you, Mr. Garrison. It's good to see you.

I wish I knew. I wish I had a crystal ball. I wish I had the answers.

My daughter is a psychiatric nurse—and I'm going to get emotional doing this. You guys all know me to be a big baby. She was involved in a bad car accident two days ago. She's a mobile care nurse, and so she goes to where her patients are. This patient was in a tent city on the side of a highway. Once she finished administering treatment, she had to cross the highway to get back to her office. She was broadsided by a semi-truck.

I was never concerned or worried about my daughter going to and from work. I was concerned about my daughter at work when she told me she was going to become a psychiatric nurse. I was concerned when she would show up...and she's just a tiny person. She definitely didn't get my genetics. She is good looking though. That is the very real thing that we live with now each and every day, and not just our family but every family.

He knows. He has the kleenex box. Thanks.

But that's the reality of the families who have loved ones who are first responders or nurses or health care providers.

Mr. Garrison, to answer your question, I don't know what has caused the rising rates of violence in society as a whole. I have so much colourful language that I'd like to use. We've just gone bonkers. It used to be you would see somebody with a uniform and you thanked them for their service. How do these...? I don't even know. I'm asking our committee.

Why would anybody want to do that? These are honourable professions, but why would you want to put yourself in the line of fire, so to speak, each and every day? But they do. They sign up so they can help and heal and make sure our communities are safe and secure. Instead they worry about their life each and every day. They worry about whether they will be able to come home safe and sound or at all.

I wish we didn't need Bill C-321 or Bill C-3 or Bill C-345, but the reality is we do. The reality is we need to send a strong message to society that we value the work these individuals and the nurses and the doctors and the people who are on the front lines put in each and every day. Violence is never okay.

I probably ate all your time. I'm sorry.

[Élisabeth Brière, Liberal, Sherbrooke, QC]

Bill C‑321 would add new section 269.02 to the Criminal Code. Section 269.01 refers to public transit operators, and subsection 269.01(2) lists the applicable definitions. Do you think Bill C‑321 should include definitions as well?

[Todd Doherty, Conservative, Cariboo—Prince George, BC]

Our bill complements that very clearly. I believe that's from Bill C-3. Our bill, and Bill C-3 and Bill C-345—I believe by our colleague in the NDP—are all bills that complement each other. There isn't just one tool in the tool box that legislators or our legal society need.

Our bill doesn't.... The victim is not doing a job at that time, but the bill recognizes that the act of violence is against a nurse or a paramedic. What if they're off duty? What if they are still wearing their uniform and are coming from work, travelling on transit or going to their car? Can it be said that they are performing their duties at that time? We have witnesses right now who are wearing their uniforms. What if they're walking down the street and there's an act of violence perpetuated against them?

The fact of the matter is that Bill C-321 covers the fact that that victim is either a health care worker or a frontline first responder and that they are protected. It sends a clear message.

[Todd Doherty, Conservative, Cariboo—Prince George, BC]

Thank you, Mr. Chair.

If I might, before my time starts, I would like to first offer our colleague, Mr. Housefather, condolences. I overheard his sound test, and if I heard him correctly, he has just come back from attending a funeral of a constituent who lost her life in the original Hamas attack on October 7. Through you, Mr. Chair, I'd like to offer my condolences to him.

I also would like to send my heartfelt condolences to the families and friends of the victims of the horrible mass shooting that took place in Lewiston, Maine, as well as the first responders—hundreds of first responders who attended and witnessed horrible events, who are out searching for the shooter. Some of them I know personally, as I was just informed prior to this testimony.

Also, Mr. Chair, through you, I would like to offer to my colleagues—I know we are starting late—that we have witnesses with lived experiences, and the reality is that we're here to hear them, not me. If any testimony is to be cut short because we are starting late, if there is any time to be cut short, I wish it to be mine, so that we give our witnesses the full hour for you to hear truly why this bill is so important.

I'll leave that with you and the committee, Mr. Chair, and with that, I'll start.

Mr. Chair and committee members, guests and fellow witnesses, I want to thank you for the invitation to speak to my private member's bill, Bill C-321.

You've probably all heard me say this before, but it bears repeating today. In my mind, real heroes don't wear capes. They wear arm patches that say "paramedic", "nurse", "firefighter", "police officer", "corrections". They're our brothers, our sisters, daughters, families, family friends and neighbours. They leave their houses each and every day knowing there is a very real possibility that they may never come home.

When others run from danger, they run towards it. They run into burning buildings, they run towards gunfire. They have our backs at our most desperate moments. They hold our hand when we take our last breath. They're on the other end of the line when we mutter our last words. They're on the front lines taking care of us, making sure that we get the help we need when we need it.

Often, their service comes at great sacrifice to themselves. They are true heroes, in every sense of the word, and they need to know that we have their backs.

How far we have fallen where it has become okay to hunt police officers or paramedics, to hurt a nurse when they're simply trying to take our blood.

Mr. Chair and colleagues, in the last year alone, we've lost 11 police officers, 11 brave men and women who were only trying to do their jobs, who were there to serve and protect us. They gave their lives in service to each of us.

The police have their own section of the Criminal Code that deals with assaults and makes it an aggravating factor for sentencing. It is the same code as for transit operators. But sadly, paramedics, nurses, firefighters, frontline health care workers, don't have the same protections. They deserve the same protections. Firefighters, first responders, do not have the right to refuse dangerous work.

Mr. Chair, there have been a number of studies that have shown an increase in the types of incidents of violence against our health care workers. The Canadian federation of nurses' discussion paper, “Enough is Enough Putting a Stop to Violence in the Health Care Sector”, clearly lays out the need for legislation such as this.

The number of violence-related loss claims for frontline health care workers has increased by almost 66% over the past decade. Two-thirds of nurses report considering or wanting to leave their jobs due to the threat of violence they face each and every day.

I recently visited a hospital and had a supervisor come to my side in tears to thank me for putting this bill forward. She told me the story of a nurse in her charge who was recently thrown to the floor and kicked by a patient.

This bill was born out of the countless stories that I, and well all, have heard. Far too often, violent attacks against paramedics, nurses and firefighters go unreported. They go unpunished. How many times do these incidents go unreported? How many times does someone say to themselves, “It's not that big of a deal, it's not worth reporting, it won't matter anyway”?

We need to stop the complacency. We need to stop violence in the workplace. We need people to know that it's never acceptable and it's not part of their job.

Some time ago I received a message from a paramedic who was simply responding to, by all accounts, a routine 911 call. When they tried to help, they were thrown down a flight of stairs. They were viciously stomped. Their ankles were broken and their arms were broken.

There's the story about the Ottawa paramedic who was punched in the stomach so hard that it left an open wound, and also kicked in the groin when trying to lift a patient off the floor.

Julie was sexually assaulted in the back of an ambulance, and then told it wasn't worth prosecuting because the assailant would never get convicted or, if they were, it would be a slap on the wrist.

What about the Saskatoon paramedic who was punched in the face with a closed fist and suffered a concussion and was encouraged to drop the charges because his assailant was going to anger management classes?

What about Jennifer? She is a paramedic who was attacked on New Year's Eve by an intoxicated man as she tried to help him onto a stretcher outside of a bar and was then told that the Crown was dropping the charges because her injuries weren't sufficient for a conviction. What message does that send to our frontline personnel?

Alex was attempting to help an intoxicated teenage female in the back of an ambulance who then broke free from restraints and heel-kicked him in the face before punching him repeatedly.

Crystal is a nurse who was walking down a corridor when a patient being pushed in a wheelchair from the opposite direction lunged from the chair and attacked her without warning.

These are just a few of the stories that have touched my life. These stories are why this bill needs to pass.

I know that my bill is not the be-all and end-all, but it's another tool in the box and it forces the justice system to look seriously at these crimes. Simply put, Mr. Chair, Bill C-321 would act as a deterrent and save lives. The bill has brought support from many first responders.

I'm proud to say that the IAFF is here. We have members from the Peel Regional Paramedic Services. As a matter of fact, we have representation from the IAFF from Washington, DC. That's why this bill is so important.

Mr. Chair, I'll cede the floor.

I'm ready for any questions you may have.

[The Vice-Chair (Mr. Rhéal Éloi Fortin (Rivière-du-Nord, BQ)), Bloc, Rhéal Fortin]

I call this meeting to order.

Good afternoon everyone.

Welcome to meeting number 80 of the House of Commons Standing Committee on Justice and Human Rights.

You're all in luck today to have a member of the Bloc Québécois chairing the meeting.

Pursuant to the House order of June 21, 2023, the committee is meeting to begin its study of Bill C‑321, an act to amend the Criminal Code (assaults against health care professionals and first responders).

Today's meeting is taking place in a hybrid format, pursuant to the House order of June 23, 2022. Members participating remotely must use the Zoom application.

I have a few reminders for the benefit of the witnesses and members. Please wait until I recognize you by name before speaking. If you are participating by video conference, please click on the microphone icon to activate your mike and put yourself on mute when you are not speaking.

If you are on Zoom, you can access the interpretation by clicking the button on your screen. You have the choice of floor, English or French. For those in the room, you can use the earpiece and select the desired channel.

A reminder that all comments should be addressed through the chair. For members in the room, if you wish to speak, please raise your hand. For members on Zoom, please use the raise hand function. The clerk and I will manage the speaking order as best we can, and we appreciate your patience and understanding in this regard.

The clerk has advised me that the three members on Zoom have successfully completed the sound checks, so Mr. Garrison, Mr. Moore and Mr. Housefather. However, if there are any issues with the audio, please let me know and I will suspend the meeting so we can get them fixed.

I would now like to welcome Mr. Doherty, the member for Cariboo—Prince George and sponsor of Bill C‑321. He will be with us for the first hour of our meeting.

Mr. Doherty, you will have five minutes for opening remarks, and then, we will go to the first round. Each party will have six minutes in the first round. In the second round, the Conservatives and Liberals will have five minutes each, and the Bloc Québécois and NDP will have two and a half minutes each. After that, we will meet with another panel for the second hour.

Mr. Doherty, please go ahead.

[Eric Duncan, Conservative, Stormont—Dundas—South Glengarry, ON]

Thank you, Mr. Chair, and thank you to our witnesses for being here today.

Ms. Richard, my sister Jill would be proud today. She's an operating room nurse in my riding in eastern Ontario. She served in emergency before and also in a long-term care setting, so she's had experience on the front lines from different perspectives and certainly shares a lot of the comments that you've made, particularly about the mental health of nurses and the sustainability of the work and the pace at which they do it. I don't envy it at all.

I want to elaborate on a couple of points from your opening testimony. I appreciated the reference to working to reduce workplace violence in health care. Our Conservative colleague, Todd Doherty, from Cariboo—Prince George in B.C., has a private member's bill, Bill C-321, to make assaults against frontline health care workers an aggravating factor when considering sentencing.

You mentioned about working to reduce violence, and you mentioned some of the initiatives. From a budgetary perspective, not only is that piece of legislation important.... For example, we tried to get that passed through unanimous consent, based on that 2019 health committee recommendation, and couldn't. However, when we talk about the awareness in and around that, what do you envision from the union's perspective of what's needed—not only in the law to do that, but also in terms of whether it's internal or what we could do at a national level to help reduce workplace violence?

Order and Decorum in the House—Speaker's Ruling

[Stephanie Kusie, Conservative, Calgary Midnapore, AB]

Mr. Speaker, I rise on a point of order.

Unfortunately, similar to the member for Sydney—Victoria, I also voted incorrectly, or did not apply my intention to the vote correctly, for Bill C-321. I would like to ask for unanimous consent to change my vote from nay to yea.

Department of Foreign Affairs, Trade and Development Act

[Jaime Battiste, Liberal, Sydney—Victoria, NS]

Mr. Speaker, with all of the different events going on for National Indigenous Peoples Day, I was unable to change my vote on Zoom. I would like unanimous consent to change my vote on Bill C-321 to be in favour.

The House resumed from June 16 consideration of the motion that Bill C-321, An Act to amend the Criminal Code (assaults against health care professionals and first responders), be read the second time and referred to a committee.

Oral Questions

[Todd Doherty, Conservative, Cariboo—Prince George, BC]

Mr. Speaker, an Ottawa police officer, Sergeant Eric Mueller, was ambushed with two of his colleagues three weeks ago. Eric Mueller lost his life. An Ottawa police officer was attacked this past weekend. A London fire chief was viciously assaulted while attending a fire emergency on the weekend. A nurse was punched and kicked this past weekend.

On the last day of this session, we need to send a message to our first responders and frontline heroes that violence against them is unacceptable.

Therefore, there have been discussions among parties, and I believe that if you seek it, you will find unanimous consent to pass the following motion.

I move that notwithstanding any Standing Order, special order or usual practice of this House, Bill C-321, an act to amend the Criminal Code with respect to assaults against health care professionals and first responders, be amended by replacing the term “health care professionals” with “health care workers” throughout the entirety of the bill; be amended by replacing the term “first responders” with “public safety personnel” throughout the entirety of the bill; be amended by adding after clause 269.02 on the definition of a health care worker, for the purpose of subclause (1), “health care worker includes any individual employed in a health care”—

Criminal Code

[Todd Doherty, Conservative, Cariboo—Prince George, BC]

Madam Speaker, before I get started with my speech on Bill C-321, I hope you will indulge me for about 30 seconds. All colleagues know that we were supposed to have a late-night sitting tonight. I was supposed to travel home tonight to speak at my best friend's niece's wedding. I cancelled the flight and cannot get home, so I would love to say a few words. To Chunpreet and Jushin, there is only one happiness in life, and that is to love and to be loved. On my behalf and on behalf of my wife, Kelly, I say congratulations to them.

I thank my colleagues for all their heartfelt interventions in this debate. It is a pleasure to rise today on Bill C-321. We have had an opportunity to hear from all sides of the House, and I thank each and every one for their thoughtful interactions. I thank my colleague from Vancouver Kingsway for the work that he has done on previous iterations of this bill.

I am glad there seems to be consensus that violence against those on the front lines should not go unchecked. It is imperative that we get the bill passed as soon as possible. If anyone here today needs an example of why it is so important that we get this bill passed, we need look no further than London, Ontario. Just a few short days ago, while responding to an apartment fire, a London Fire Department captain was brutally assaulted while trying to save someone.

The reality is that these incidents are taking place each and every day, whether in our health care facilities or on the front lines with paramedics, firefighters, police officers or correctional officers. We need to do more. We need to be better. By doing nothing, what message are we sending to those who serve our country and our communities?

This bill is supported by all associations and unions across this country that look after our health care workers, first responders and public safety personnel. Obviously, my bill is not perfect. In a perfect world, we would not need the Criminal Code. We would not need to deter acts of violence against a nurse or health care worker just simply trying to heal people. We would not need to amend the Criminal Code against acts of violence to help protect a paramedic or firefighter who is only trying to save people. However, we do not live in a perfect world, do we?

The drafting of this legislation came from my heart. I truly believe that we need to do more to help those who help us. In my seven-plus years as an MP, I have shied away from the angry partisan side of politics, or tried to. I have attempted to build consensus. I have worked hard to establish a reputation as someone who fights for the little guy, who fights for those who protect us. I have done everything in my power to break the stigma and fear of those who are suffering with mental illness or addiction.

This legislation is a tangible way that we, as parliamentarians, can show those on the front lines that we care, that we respect them and that we do not condone violence in their workplace. We need them to know that we have their backs. We need to let them know that we are listening, that bullying, abuse, racial or sexual harassment and physical assault should never and can never be considered just part of the job. These workers care for us at our most vulnerable times, and we have a responsibility to care for them in return. We need to send a message that violence is unacceptable.

I listened to the speech from the member for Vancouver Kingsway. In it, he rightly noted that Bill C-321 does not specifically define the term “health care professionals”. In his comments, he worried that some would be excluded. I agree, and that is why I suggested to the member that we change the term to “health care worker”. My intent was never to exclude anyone. I look forward to working with him on the committee.

I really hope we can get the bill passed as soon as possible. There does not need to be an extensive study at committee. In fact, if the member for Vancouver Kingsway or any of the members on the government side wanted to move a friendly amendment right now to open the definition, I would be happy to accept it and pass this bill at all stages today. We could even use the wording provided by my hon. colleague from Richmond Hill, replacing the reference to “health care professional” with “a person who provides health services”.

This issue was studied extensively at the health committee in 2019, and Bill C-321 is a product of that study. Through its unanimous report, “Violence Facing Health Care Workers in Canada”, the committee suggested making the amendments to the Criminal Code. I know that this is not the be-all and end-all, but it is a start. It sends a message that we are listening. It sends a message to the judiciary that we take violence against first responders very seriously.

I am also worried about the rumours in this place. I am worried that if Parliament dissolves or prorogues, we will be back at square one with no protections for those who protect us. This bill is important because it would act as a deterrent. It is important because it would help protect those on the front lines. It is important because it provides hope. It is important because it would let those who protect us know that we want to protect them. I am tired of providing false hope.

I want to thank all the health care workers, public safety personnel and first responders for all that they do for us. I want to thank those in Manitoba, the emergency service providers and the first responders who responded to that horrific event. I want to thank everyone for listening in today.

Violence is not part of their job description. Three Two One, let us get this done.