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.

Criminal Code

[Chandra Arya, Liberal, Nepean, ON]

Madam Speaker, it is an honour for me to rise today to speak to Bill C-321, which was introduced by our hon. colleague from Cariboo—Prince George. Before I proceed further, I would like, on behalf of 838,000 Hindu Canadians, to again acknowledge and thank the hon. member for his support for my private member's motion, which enabled November every year to be recognized as Hindu Heritage Month across Canada.

Bill C-321 seeks to denounce and deter violence against nurses, paramedics, firefighters, police officers, including transit officers or special constables, and other frontline health care staff. It would amend the Criminal Code to require a court to consider as an aggravating factor for sentencing purposes the fact that the victim is a health care professional or first responder who was acting in the performance of their duties.

As highlighted in the 2019 report of the House of Commons Standing Committee on Health, entitled “Violence Facing Health Care Workers in Canada”, health care workers have a four-times higher rate of workplace violence than any other profession, despite most of this violence being unreported. The report also noted that 61% of nurses who participated in a cross-country survey reported experiencing abuse, harassment or assault in the previous year, and 74% of the paramedics reported experiencing multiple forms of violence annually.

The men and women who serve as health care professionals and first responders play an invaluable role in our society. They are the heroes who rush toward danger while others flee, the ones who provide critical medical care in times of crisis and the ones who maintain law and order to keep our communities safe. They face countless challenges and risks, working tirelessly to protect and preserve life, often at the expense of their own well-being. It is deeply troubling to witness an alarming increase in assaults against these dedicated individuals. They are subjected to physical violence, verbal abuse and threats while carrying out their duties. These attacks not only pose a direct threat to their safety, but also undermine the integrity of our health care system and emergency services.

It is essential that we take a strong stand against such heinous acts and provide a higher level of protection for those who selflessly dedicated their lives to serving others. By amending the Criminal Code, we would send a resounding message that assaults on health care professionals and first responders will not be tolerated. We are acknowledging the unique challenges they face and recognizing the importance of their contributions to society. When passed, the bill would serve as a deterrent, discouraging potential perpetrators from engaging in acts of violence against these essential workers.

Furthermore, by considering assaults against health care professionals and first responders as an aggravating factor during sentencing, we would acknowledge the broader implications of such attacks. These assaults not only cause physical harm to individuals, but also have far-reaching consequences for public safety and the provision of essential services. By recognizing this as an aggravating factor, we would ensure that those who commit these crimes face more significant penalties, reflecting the gravity of their actions and the impact on society as a whole.

Some may suggest that existing laws already provide adequate protection for health care professionals and first responders. However, the stark reality is that assaults against these individuals are on the rise and we must respond with targeted measures that explicitly recognize the unique vulnerabilities they face. By enshrining their protection within the Criminal Code, we would send a clear and unequivocal message that their safety and well-being are of paramount importance.

Moreover, this bill reflects our commitment to creating a safe and supportive environment for health care professionals and first responders. It demonstrates that we value their selfless dedication and are committed to ensuring they can perform their duties without fear of violence or aggression. By enacting this bill, we are standing in solidarity with those who risk their lives to protect ours.

In addition to deterrence and enhanced protection, this bill has the potential to foster cultural change. It sends a powerful message to society, urging us to reflect on the value and respect we afford to those on the front lines of service. It encourages a broader shift in attitudes, promoting a collective sense of responsibility to safeguard those who dedicate their lives to safeguarding us.

The amendment proposed in Bill C-321 is similar to Bill C-3, an act to amend the Criminal Code and the Canada Labour Code, which included as an aggravating factor evidence that the offence was committed against a person who was providing health services. Bill C-3 received royal assent on December 17, 2021. Our government continues to show support to first responders, including with the recent passage of a private member's bill, Bill C-224, the national framework on cancers linked to firefighting act, which passed on March 8, 2023, at third reading.

Bill C-321 applies to the performance of any duty by a first responder or health care worker, not just to cases where the victim was providing health services at the time of the offence. Amendments will make the legislation consistent with the terminology used elsewhere and will provide broad protection so that it does not apply only to health care professionals. As citizens, it is our duty to advocate for the safety and well-being of those who dedicate their lives to caring for us in times of need.

In conclusion, the proposed amendment to the Criminal Code represents a significant step forward in ensuring the safety and well-being of our health care professionals and first responders. By recognizing assaults against them as aggravated offences, we are reaffirming our commitment to protecting those who selflessly serve our communities.

Let us come together as a nation to support this legislation, sending a strong message that we stand united against violence and aggression toward those who sacrifice so much to protect us.

[Michelle Ferreri, Conservative, Peterborough—Kawartha, ON]

Madam Speaker, as always, it is an honour to rise in the House and speak on behalf of my community of Peterborough—Kawartha.

The helpers need help from Bill C-321. That is why we are here today. I think it would be a real miss if I did not start this speech by addressing the horrible tragedy that happened yesterday in Manitoba, which involved first responders and health care providers. That is what we are here to talk about with this bill.

There was a horrific crash, and 15 people are gone. The first responders who answered that call are forever transformed because of what they saw. That is the work of a first responder or health care worker. Their eyes cannot unsee the tragedies that most of us will only ever see in movies. I thank everyone who arrived at the scene and served in such an unbelievable time of chaos and tragedy. The entire House is thinking of them, our thoughts are with them and with everyone impacted by that tragedy and in that community.

I worked in the media for almost 13 years, and I was often on the scene of horrific crashes first, with first responders. I can tell members that what they manage is very hard to describe. PTS, or post-traumatic stress, and PTSD, or post-traumatic stress disorder, are very real consequences in this job.

Answering a call when the victim is the same age as one's partner or child causes extensive mental distress. Many would say that it is part of the job and that this is what one signs up for. The reality is that, as life has gotten harder for people, as addictions and mental disorders have increased and there are not as many facilities or treatment or recovery centres to go to, the incidence of violence against our protectors is increasing. This is another layer that is too much to handle.

Workplace violence is a rising problem in health care settings across Canada. Health care workers have a fourfold higher rate of workplace violence than any other profession. Because of a culture of acceptance, most workplace violence goes unreported. This was found in a report that was done in 2019 through the health committee, and recommendations have been put forth to the government, yet we have not seen any action. Today, we have something here on the floor of the House of Commons that will give action and help to our helpers.

It would be pretty difficult to debate the strong correlation between the increase in violence to first responders and health care workers and the decrease in recruitment and retention in these jobs. We have a shortage of health care workers at a time when we have a health care crisis. Recruitment and retention concerns are reported in all provinces. By approving and passing this bill, we will send a clear message that the government and Canadians value their work, and we need and want them. Their work saves lives, and their safety matters.

The member from Cariboo—Prince George, who put this bill forward, is a fierce advocate and fighter for mental health and equity, and this bill speaks to that from a Criminal Code perspective. Bill C-321 seeks to amend the Criminal Code by making assaults against health care professionals and first responders an aggravating circumstance for the purpose of sentencing.

I am going to read the specific wording into the record:

When a court imposes a sentence for an offence referred to in paragraph 264.‍1(1)‍(a) or any of sections 266 to 269, it shall consider as an aggravating circumstance the fact that the victim of the offence was, at the time of the commission of the offence, a health care professional or a first responder engaged in the performance of their duty.

I think most of us in the House, including me, have a personal connection to first responders and health care workers. Many in my family serve in this industry, and they have told me story after story of horrific incidents. There is also a video that I would strongly encourage people to watch online. I know the member, my colleague, has shared it, and the chief in my community, Randy Mellow, has shared it on Twitter. I strongly encourage people to watch this video and understand this.

Paul Hills is a paramedic who came to my office in Ottawa to talk to me about this bill. He has been a paramedic for 24 years, and he serves in Saskatoon. I think what left me most shocked was his telling me that he now has to wear a bulletproof vest to work.

These are the people who show up in the time of extreme chaos, the time when our lives are on the line, and now their lives are on the line. They are supposed to be the calm, but how are they supposed to self-regulate? How are they supposed to be calm when their own life is in danger? They do not know, when they show up, whether they are going to be stabbed, punched or kicked.

We have a duty and a responsibility in the House to pass legislation that not only says they matter, but that also actually puts the need to protect them into law.

Paul Hills is a fierce advocate, and his mental health has been transformed. He speaks really publicly about it, and I think that is really courageous of him. He was wearing certain socks when he came to my office. After we had our conversation, I asked him who was on his socks. He said it was Fred Rogers. I said, “Oh my gosh, Fred Rogers is my favourite.” He said, “My favourite saying is ‘Anything mentionable is manageable.’” That is my favourite saying too.

That is the reality of what we are dealing with: the most volatile culture and society we have ever had, probably in my history at least. We have nowhere for people with mental health problems and addictions to go. The people who have to deal with that, who are at the forefront, are our health care professionals, our paramedics, our firefighters, our police officers and our correctional officers. During my campaign when I ran to be a member of Parliament, I worked in an area of town where a lot of people who were struggling with homelessness were outside of my office. It was nothing out of the ordinary for first responders to be called five or six times in a day to a scene, after 911 had been called, and to be berated, yelled at, attacked and screamed at. Is that what they signed up for, to be abused, or was it to save lives?

This bill would do something we can be so proud of in the House, in a time when victims are being failed in this country and in a time when victims' families are being failed in this country. This is not just about the health care professionals and the first responders; it is also about their families. When health care professionals go home and are carrying this burden, their children are impacted; their wives, their partners, their spouses, their moms and their dads are impacted, and they are not the best partner and not the best parent. That is deeply impacting every interaction that happens. Our society is a spiderweb, and if the people who are here to protect us are not protected, what will happen to our society?

I want to read what Paul Hills, the paramedic from Saskatoon, wrote to me last night, when he knew I was speaking today: “It's proven that prosecutors and courts don't have a proper mechanism to hold assailants or perpetrators accountable because it's seen as part of our job to deal with or lessen the situation because of mental health, addictions, but what about the medics mental health. I have to take that black eye home, I may not be able to use my wrist or hand again after the tendon was torn from being kicked, I have to worry about the threats that gang member made to me and my family when I am not allowed anonymity and they can find out my name just by calling the office and look me up or follow me home in my small city. We have been told by prosecutors that they won't pursue charges because ‘they won't stick or it won't make a difference if you were a paramedic.’”

The reality is that this is a no-brainer bill. In a time when victims and victims' families are being failed in this country, the House could send a message today and follow up with concrete action that would protect our protectors. The helpers need help. Do members know how hard it is for them to ask for help? They did the hard part; now, let us do the rest of our part. This is our responsibility, so let us all vote in favour of Bill C-321. Let us go. Let us get this bill passed.

[Marilène Gill, Bloc, Manicouagan, QC]

Mr. Speaker, I am pleased to rise in the House today to speak to Bill C‑321 introduced by my colleague from Cariboo—Prince George.

This bill seeks to ensure that for the purposes of sentencing, the court considers the fact that the victim of an assault is a health care professional or a first responder to be an aggravating circumstance.

Before I go on, I would like to thank the health care workers—

The House resumed from May 2 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.

[Stephen Ellis, Conservative, Cumberland—Colchester, NS]

Madam Speaker, my hon. colleague from Cariboo—Prince George, who introduced Bill C-321, said he could go on about this particular topic for hours and perhaps years if we allowed him to. As I listened very carefully to his speech, it made me very emotional to hear the harrowing stories that have been told to him. Of course, we know that those things are difficult to hear and difficult to understand.

As I have said in the House before, I have been a family doctor. I graduated from medical school 30 years ago. It is difficult to understand, very carefully, what people have to put up with day in and day out. When someone works in an emergency room, they will, every day, see paramedics and nurses and, as we say in Nova Scotia, LPNs, and CCAs, support workers and other staff who work inside the hospital and have suffered violence. That is something that becomes very hard to understand. For those who are not interested in perpetrating violence, it becomes very hard to understand how someone could possibly have any interest in harming the person who is there to help them. For the majority of people around this country who are listening in this evening, I am sure that does not compute. However, it is important that we make it very clear to the Canadian public that this does happen and that it happens on an everyday basis.

Underlining that fact with some personal experience is something that is very important. We can all talk about numbers. We can talk about the percentage of paramedics in Ontario and Nova Scotia. Sixty-seven per cent of them were verbally abused and 26%, in 2014, had been subject to a physical assault. In North Bay, Ontario, 60% had endured violence, including sexual harassment and physical assault. We all know very clearly that this has no place in the workplace. The strange fact, though, is that it happens in the health care workplace, where health care is being delivered, which, as we have heard from multiple members, could be at the side of the road or in a hospital setting, a nursing home or the person's own home. We know very clearly that this happens.

I have heard the word “hero” used here this evening. It is heroic, in a sense, that the workers who endure this kind of violence show up to work again. It is inexplicable. There really are no words for it. If this type of violence occurred in another workplace, it would very likely be a career-ending injury for many folks. In the health care field, as strange as it is, perhaps owing to the fact that many health care workers are there because they have a heart for the work, they show up to that work again and again, in spite of being abused verbally, physically and, sadly, also sexually. Have I seen this happen? Yes, I have seen it happen, and that presents a very difficult situation. The verbal abuse endured by frontline medical staff in 2023 is beyond belief. People who believe that they can take their frustrations out on other people has, sadly, become some sort of weird, acceptable situation in our society. My friend and colleague from Cariboo—Prince George brought that forward in a very eloquent and elegant manner.

Understanding that, of course, there is frustration with the medical system, we know very clearly that those frontline workers are not in charge of the medical system. They are not the administrators of it. They are not the funders of it. However, those folks who are frustrated by the level of care they have received and the time they have waited still feel it appropriate to lash out at those frontline health care workers who, we know very clearly, are there to help and have gone into these professions with very good reason and a clear conscience.

We know, sadly, that in our society, many frontline health care workers, especially nurses and often paramedics, are females. We also know, sadly, that is a particular difficulty because certain individuals of our society feel the need and, perhaps the superiority, I do not know what goes through their minds, to lash out at females in our society. This appears to be something that happens much more regularly, and, obviously, this is borne out in studies. I have a daughter, Samantha, who is a paramedic. We have that kindred shared relationship to understand the things that she has seen and experienced. She is a tough cookie. She was a rugby player in university. However, we can all understand very clearly that having those things said and done to one certainly takes its toll over time. Once again, it has been said very clearly that that contributes to compassion fatigue, burnout and the reason why people begin to leave their profession.

Especially in today's day and age, when we know that there is a significant need for nurses, paramedics, physicians and any type of health care worker, it must not help them to think they are not being supported by their society. This is an epidemic, which is a bit of an overused word, but it is an epidemic of violence against frontline health care workers. For those who choose to work in these professions, it is important to understand that there are 338 of us in the House of Commons who want to support them and to say that the violence that they endure, sadly, on a regular basis is not acceptable, and that it needs to be a mitigating factor when perpetrators of such violence are brought to justice.

We need to get to the root causes, to understand what we could do as legislators to help with prevention, what we could do as legislators to help change this country so that the attitude is different. We know that those steps are all so important. Certainly as an interim step, allowing frontline health care workers to know that we are there, from all across this country, to support them is going to be a necessary and important step so that they know they are not forgotten.

I do not think it would be helpful to the House or those listening at home to continue to talk about the terrible cases we have heard about very clearly this evening. I will not belabour those points, other than to be very clear that I would challenge my colleagues in the House, not only those who spoke but also the folks who would have the opportunity to pass this bill on to committee and to perhaps make amendments there. I challenge them to make a bill here that, when it goes to committee, is even better. It is not that I want to criticize my colleagues, but let us not weaken this bill; let us strengthen it. Let us make it broader. Let us define those things that need definition. Let us not let perfection be our enemy and allow this bill to not get into the great laws of Canada. I think that is the challenge we have.

I spoke about another challenge in the House before. I believe that we actually have an opportunity here to do something. There are so many days when coming to the House of Commons can be very frustrating. Quite honestly, oftentimes, not much happens and not much gets done. There is a lot of talking and there are a lot of words, but there is not a lot of action. This bill is something that we could have as an actionable and effective tool to help reduce the violence against frontline health care workers. When we have an opportunity in the House of Commons to actually operationalize something, then we need to seize that opportunity with both hands and be able to move that forward so it becomes the law of this great country. My colleague from Cariboo—Prince George has captured a moment in time that is going to allow us, with the support of all of my colleagues, to do that here in the House of Commons. I hope that we are able to do that, because it is something that would be transformative.

[Don Davies, NDP, Vancouver Kingsway, BC]

Madam Speaker, I am pleased to rise today to express, on behalf of my New Democrat colleagues, our support for Bill C-321, an act to amend the Criminal Code, assaults against health care professionals and first responders. Once again, I would like to offer my gratitude and congratulations to my colleague from Cariboo—Prince George for his constant attention and care to our frontline responders in this country. This is a continuation of his fine work in this area.

In brief, this legislation amends the Criminal Code to require courts to consider the fact that victims of an assault were at the time of the commission of the offence a health care professional or a first responder engaged in the performance of their duty as an aggravating circumstance when they are the victim of that offence.

I think it goes without saying that no health care worker or first responder, in this country or anywhere, should ever be subjected to violence in the workplace. 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, and I think we have a responsibility to care for them in return.

Violence against health care workers in specific is a pervasive and growing problem in the Canadian health care system. Both the number and intensity of attacks are increasing at an alarming rate. Assaulting a health care worker or a first responder not only harms the individual involved but also puts our entire health care system and first response system at risk. Workplace violence is a major factor driving Canada's dire health staffing shortage, and I am sure it is a dissuading and discouraging factor for people pursing this career.

Workplace violence is a pervasive problem in health care settings across Canada. Prior to COVID–19, health care workers had a fourfold higher rate of workplace violence than any other profession. Incidents of violence against health care workers and first responders escalated dramatically during the pandemic. I might say as well that first responders are often the first people on the scene when we are dealing with Canada's overdose crisis, and I do not think I need to point out how pervasive that is in every corner of the country and the danger it presents to them.

In a 2017 survey, 68% of registered practical nurses and personal support workers reported experiencing violence on the job at least once that year. Nearly, one in five said that they had been assaulted nine or more times that year. According to the Canadian Federation of Nurses Unions, violence-related lost-time claims for frontline health care workers have increased by almost 66% over the past decade. That is three times the rate of increase for police and correctional service officers combined. First responders, notably paramedics and firefighters, also experienced violence and threats on a shockingly frequent basis.

That is why on February 28, 2019, I introduced Bill C-434, an act to amend the Criminal Code, assault against a health care sector worker. That legislation would have amended the Criminal Code to require a court to consider the fact that the victim of an assault is a health care sector worker would also be an aggravating circumstance for the purpose of sentencing. I reintroduced that legislation in successive parliaments in February 2020 and December of 2021.

Although the present bill, Bill C-321, before the House today is very similar to Bill C-434, it does not define a health care worker as broadly. This bill is limited to an assault against “a health care professional or a first responder”, but does not define the terms. The bill I introduced was specifically drafted to ensure that, when we talk about a health care worker, we include not only professionals, but everybody who works in a health care setting, from the porter who greets people at the door, to the orderly and the admin clerk, many of whom experience bullying, abuse and violence. I know my colleague has already indicated that he is willing to look at a broadened definition, and I thank him for that because we want to make sure that this contemplated measure does not exclude any health care sector workers who are not members of professional bodies.

As has been pointed out by my colleague on the government side, in December of 2021, Bill C-3 was passed in the House, which amended the Criminal Code to enhance protections for health care workers, those who assist them and those accessing health care services, and it received royal assent at that time.

Among other measures, Bill C-3 amended the Criminal Code to make it an aggravating factor in sentencing for any offence when there is evidence that, one, “the offence was committed against a person who...was providing health services, including personal care services,” as a part of their duties or, two, where there is evidence that the offence “had the effect of impeding another person from obtaining health services, including personal care services”.

By the way, I also think it is important to point out that we ensure that this bill is broadly defined to include any setting in which a health care worker may perform health care services, including in the home, long-term care centres or any other non-conventional place other than a hospital.

Unlike Bill C-3, the bill before the House, Bill C-321, broadens that protection, I think very laudably, to apply to first responders who are engaged in their duties but not necessarily engaged in providing health services. This is a welcome improvement. Again, I thank my hon. colleague for broadening this important protection.

Assaulting a peace officer is already a stand-alone offence under section 270 of the Criminal Code. The punishment for assault of a peace officer is no more serious than the legislated sentence for common assault. However, the court is likely to consider that the victim, as a peace officer, is an aggravating factor at sentencing.

The Criminal Code offences in sections 129 and 270 do define public officer and peace officer, but case law on the interpretation of section 2 shows the varying occupations that have been counted as peace officers for the purposes of prosecutions under the Criminal Code in particular contexts. They have been included to define members of the Anishinabek Police Service and military police. However, despite the existence of cases which mention paramedics or firefighters that cite section 270 of the Criminal Code on peace officers, there are none that I am aware of where the person assaulted was a paramedic or firefighter. Therefore, current case law suggests that first responders are not considered peace officers under the Criminal Code. This omission must be rectified and would be rectified by this bill that is before the House.

I have already talked about Bill C-321 employing the term “health care professionals” and how that is not defined in this bill, so we are going to work, I hope collaboratively, to ensure that that definition is broadly expanded. It is similar with first responders, who are not defined in this bill because the Criminal Code does not define this term. Other federal statutes do not either, so it will be important for us to have a good, broad description of that to ensure that any person in this country who is providing first response services in our communities is covered by this legislation.

I want to just mention that this is an important step because the Criminal Code is an expression of society's values and priorities. I think sending a message to the Canadian public that these health care workers are taking care of us, that they deserve to be protected and are inviolate is an important message for Parliament to send.

I am not sure I understood completely the comments by my hon. colleague from the Bloc Québécois. He did mention some important points about broadening this protection to many other kinds of workers, but there is one key difference. Health care workers and first responders do a job that we ask them to do. We ask them to be there for people when they are in trauma, and we are putting them in a situation that regular workers are not often in. They have no choice but to be there. They have to be there. That is why I think it is particularly important to send the message that they are inviolate and we must protect them. We have to send a message that under no circumstances is it ever acceptable to violate those people, either by word or deed.

Finally, I want to recognize that, as important as this bill is, it is only a first step. To keep health care workers and first responders safe, they need resources and tools. We want to prevent them from getting assaulted in the first place so they need proper security. They need proper physical barriers. They need sufficient staffing.

We all need greater mental health supports because we also have to recognize that many times the people who are doing the assaults are in some cases victims and are suffering from mental illness and trauma themselves. We have to recognize that we need a comprehensive holistic approach to this problem so we are doing everything we can to prevent the situations that often lead to assaults from happening in the first place instead of dealing with the sentencing after the assault occurs.

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

Madam Speaker, Bill C‑321 would amend existing provisions governing sentences for assault when the victim is a health care worker or first responder. The victim's profession would be considered an aggravating circumstance.

This bill is based on recommendation 3 from the Standing Committee on Health's report on violence facing health care workers in Canada, which was tabled in June 2019. The committee recommended that the government “amend the Criminal Code to require a court to consider the fact that the victim of an assault is a health care sector worker to be an aggravating circumstance for the purposes of sentencing”.

A number of groups, including the Canadian Medical Association, the Ontario Medical Association, the British Columbia Nurses' Union, the Canadian Union of Public Employees, Concerned Ontario Doctors and the Canadian Nurses Association, have said they support this measure.

The report was tabled in the House on June 19, 2019, so the Trudeau government did not respond to the study before the dissolution of the House and the election. That is why it is back before us now.

Where are we at now? Obviously, assaulting someone who is providing care to a sick or injured person is unacceptable. That goes without saying. The assailant must be punished severely, and the sentence must send an equally serious message. We all agree on that. However, there are already Criminal Code provisions that cover this.

Subparagraph 718.2(a)(iii.2) states that any offence committed against a person who, in the performance of their duties and functions, was providing health services, including personal care services, must be considered to have aggravating circumstances. That applies to any offence, regardless of who the victim and the offender are.

This means that, if passed, Bill C‑321 will merely reiterate that assaults and threats of assault against these workers may be punished more severely.

That is commendable. However, that being said, we need to be careful when determining that one category of citizens should receive special protection. Obviously, we care a lot about making sure that all those who dedicate their lives to caring for, treating or saving their fellow human beings from some sort of danger are well treated themselves. We want them to know that their dedication does not go unnoticed, that it is recognized, and we want them to be able to do their job safely.

However, there are other members of our society who also deserve our respect and attention. I will not give an exhaustive list because I will likely forget someone, but what about our teachers? What about the support staff in our schools? What about day care workers? Many of us who worked in the field of education are well aware of the fact that teaching in 2023 is a far cry from teaching 50 years ago. I think my colleague from Rivière-des-Mille-Îles, who was a school principal not that long ago, could tell us all about that.

Should those who dedicate their lives to educating our children not be given the same consideration? What about those who spend their lives working in soup kitchens or shelters to help the most disadvantaged members of our society? Times are tough. Everything costs more. There is a labour shortage and a housing crisis. There are major problems, and the people working in those areas also need to be recognized and protected.

What message would we like to send to all those who work in a plant, at a courthouse, at a store, at a restaurant or in the public service? What would we say to them, that their work is not important enough? I am sure that is not what we want.

Let me remind this House that in 2015, Bill S‑221 introduced by Senator Bob Runciman was adopted and was rather similar to the current bill, but drafted to the benefit of public transit operators. It did not have a deterrent effect on the violence against bus drivers. Other than a momentary decline in 2016, the statistics on this have not moved, except during the COVID‑19 pandemic. In Quebec, work injury cases recognized by the Commission des normes, de l'équité, de la santé et de la sécurité du travail went from 21 in 2014 to 22 in 2022.

Finally, I would add that our priority must continue to be to assure everyone that we want to keep the workplace, and society in general, safe and healthy. Prevention, and healthy, rewarding living conditions, must never be sacrificed in favour of legislative deterrents. They must be complementary approaches.

In conclusion, the Bloc Québécois believes that acts of violence against health care workers and first responders are concerning and that we need to discuss this. We need to find solutions that make it possible for these people to safely do their essential work.

Does Bill C-321 propose a perfect solution? Probably not, but it surely deserves our attention. For that reason, we will be supporting this bill so it can be studied in committee, ultimately improved and, if appropriate, passed.

[Majid Jowhari, Liberal, Richmond Hill, ON]

Madam Speaker, I am indeed honoured and very pleased to join the second reading debate on Bill C-321, an act to amend the Criminal Code as it relates to assaults against health care professionals and first responders.

First, let me congratulate the member for Cariboo—Prince George, whom I have had the privilege of working with on a number of projects, especially in terms of mental health. I congratulate him and convey that I will be supporting this bill. It is indeed a pleasure to work with him on this file.

I think all members would agree that health care professionals, personal support care workers, frontline workers and first responders are not just workers. They are co-workers, friends, daughters and sons, and mothers and fathers. They are members of our community. They are the ones who reach out to us. They are extraordinarily empathetic members of our community. Every day, their risk their health to bring a smile to the beautiful faces of our community members. Every day, they risk their lives to save our lives and to protect our communities. They are not just workers; they are heroes. However, these heroes are struggling.

I was fortunate enough to have the opportunity to connect with the amazing SEIU health care workers in Richmond Hill, and I learned about the economic, physical and mental challenges that they combat every single day because of the critical nature of their job. Despite all of this, with ever more fascinating courage and resilience, they continue to work to keep their communities safe. Their tireless effort is simply sparked by passion, love and care.

Richmond Hill firefighters are another group and another inspiring example of first responders. They face physical danger not only while on duty but also as they put on their protective gear for firefighting. This is because the PFAS used in their gear cause severe health effects. This is in addition to the mental impacts of living with the uncertainty of what the next mission on the job holds every moment of every day. It is truly hero-like that, every time, they face the uncertainty with the same bravery and notion of service.

Today I met with the Paramedic Association of Canada. I was given one of those coins that we are not supposed to use as a prop. In light of CMHA Mental Health Week, I would like to highlight the fact that, with the vital and high-pressure nature of their jobs, paramedics are exposed to severe mental and psychological pressures. This issue is exacerbated by the increasing violence and number of assaults they face, all while they passionately maintain the health and safety of their fellow community members.

Health care workers and first responders put their lives on the line every day to keep Canadians and our communities safe. They should never fear for their own safety or feel intimidated as they are going to and from work. Bill C-321 aims to respond to ongoing calls to denounce and deter violence against nurses; paramedics; firefighters; police officers, including transit officers or special constables; and other frontline health care staff. The bill proposes to amend the Criminal Code to require a court to consider the fact that the victim is a health care professional or first responder who was acting in the performance of their duties as an aggravating factor for sentencing purposes. The amendment would apply only at sentencing for cases involving assault-related crimes.

In 2019, as the hon. member mentioned, the House of Commons Standing Committee on Health studied the prevalence of violence faced by health care workers in Canada. It reported that health care workers have a rate of workplace violence that is four times higher than that of any other profession. What is particularly alarming about this figure is stakeholders' report that most of the violence that workers experience remains unreported because of a culture of acceptance. That is not acceptable.

In its report entitled “Violence Facing Health Care Workers in Canada”, the House of Commons Standing Committee on Health made several recommendations, including that the Government of Canada amend the Criminal Code to require courts to treat the fact that the victim of an assault is a health care sector worker as an aggravating factor for sentencing. In light of these calls for reform and the rise in violence against health care workers during the pandemic, our government introduced former Bill C-3, which, when it came into effect in 2021, added to section 718.2 of the Criminal Code an aggravating factor targeting offences committed against any person who, in the performance of their duties and functions, was providing health services. Bill C-321 would complement the amendments enacted by former Bill C-3 by providing additional protection for first responders and expanding the range of circumstances to which the aggravating factor would apply.

First, I want to provide some additional context in relation to aggravating factors. Aggravating factors are circumstances that relate to the seriousness of the offence or the degree of responsibility of the offender and justify the imposition of higher sentences. The Criminal Code contains specific provisions that apply to certain types of first responders. These provisions include, for example, specific offences that capture all forms of assault against peace officers, directing that the sentences imposed for these offences be served consecutively to any other sentence imposed for an offence arising out of the same event.

The proposed aggravating factor in Bill C-321 is consistent with the broad discretion conferred to sentencing judges under section 718.2 of the Criminal Code. The list of aggravating factors provided in this section is not exhaustive, and courts can and do expand the list when recognizing new aggravating and mitigating factors at sentencing. In fact, reported cases in Canada have already recognized that assaulting first responders and persons working in the health care system is an aggravating circumstance at sentencing.

The aggravating factor enacted by former Bill C-3 applies where a victim of an offence was, in the performance of their duties and functions, providing health care services at the time of the offence. However, the beauty of Bill C-321 is that it would apply where a victim was a first responder or health care professional engaged in the performance of their duties. This is a subtle but important difference between the aggravating factor under section 718.2 and the amendment proposed in the bill before us.

The proposed section 269.02 would apply where the victim was performing any other duties, not only those duties relating to the direct provision of health care. For example, even if a firefighter who was assaulted on the job was not providing health-related services at the time of the assault, the aggravating factor proposed in Bill C-321 would still apply.

Our government supports the proposed amendments and would like to suggest replacing the reference to “health care professional” with “person who provides health services”. Our concern is that the term “health care professional” may be interpreted narrowly by the court, which could result in the exclusion of those who work in the health care field but who may not be considered health care professionals. Making such a change would not only result in protection for as broad a class of victims as possible, but the protection they are entitled to would also ensure consistency in terminology between the proposed section 269.02 and the aggravating factor enacted by former Bill C-3 in section 718.2, which applies to persons providing health services.

In closing, our government is committed to addressing the serious issue of violence against health care workers and first responders, such as SEIU health care workers and Richmond Hill firefighters, as well as paramedics. This amendment would, I believe, better achieve the objective of Bill C-321, resulting in expanded protection for all persons working as first responders and working in the health care field.

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

Madam Speaker, I would agree with my hon. colleague. Definitely, people are angry. People are frustrated. The rates of violence against our frontline heroes have been increasing in recent years and we must put a stop to it. That is why it is so important that we work together, collaboratively, and pass Bill C-321.

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

Madam Speaker, I am truly honoured and humbled to rise in this House to speak to my private member's bill, Bill C-321. However, before I go further, I want to send, which I think I do for all parliamentarians, heartfelt condolences and well wishes to the friends, families and colleagues of the two firefighters missing in the Charlevoix region, who were doing what firefighters do: putting themselves in the line of danger. It appears that they were swept away by the floods in that region, so all of our thoughts and prayers are going out to those families.

Bill C-321 would amend the Criminal Code to require courts to consider that when a victim of an assault is a health care professional, a health care worker or a first responder, it is an aggravating circumstance for the purpose of sentencing. In preparing for delivering this speech, I agonized over what I was going to say. How do I adequately convey the messages, convey the pain, convey the fear and convey the stories that I have heard from the nurses, paramedics, first responders, police officers and firefighters who have written to me and shared with me their personal stories of violence, assault and terror?

When did it become acceptable to punch or kick a nurse when they are administering care? This is a real question. Nurses have the highest rates of violence in our nation. Ninety-two per cent of nurses have indicated they have experienced a form of violence in their workplace. They live in fear. Two-thirds of those nurses have said they have considered quitting.

Firefighters, police officers, correctional officers, nurses and doctors put on their uniforms each and every day to serve us and our families. They do so knowing they are going to experience human tragedy. They do so knowing and expecting that they are going to face violence. They mend our wounds. They bandage our cuts. They heal our hearts. Firefighters run into burning buildings. Police officers run toward bullets and run toward danger when others run away. They hold our hand when we take our last breath. Who protects them?

For the past few months, Canadians have been horrified to see the increasing rates of violence against our first responders, our nurses and our health care workers. This is splashed across our social media and splashed across our news feeds, and we cannot escape it. We are becoming desensitized to it. In the last number of months, 10 police officers have been killed, ambushed. Shaelyn Yang in Vancouver was an RCMP officer delivering life-saving naloxone care when she was viciously stabbed and killed.

Police, paramedics, ambulance attendants, nurses to some extent, and health care workers go into these domestic scenes to save people's lives and care for Canadians in their most trying times. Those scenes in those moments are very dangerous. They live in fear.

Just a month ago, Canadians were shocked to learn of the ambush of two Edmonton police officers as they responded to a domestic 911 call. They did not have a chance. I fear I will not do their words justice.

The motivation for this bill was a message sent to me two years ago through Facebook. It was from a paramedic who relayed to me a story of how she attended a call with her partner in a domestic scene. While they were attending to the victim, a family member of the victim picked up the paramedic and threw her down a flight of stairs, and then proceeded to stomp on her and break her ankles. She was thrown down a flight of stairs. How, as a society, have we fallen so far that this is normal, that we allow this?

A paramedic wrote to me to explain that she was sexually assaulted by a patient in the back of her ambulance. She pressed charges, yet that perpetrator was out less than two days later, and less than three weeks later was back in that paramedic's ambulance again. We have fallen. I do not understand.

Since the beginning of the year, there have been reports of paramedics who have been shot at with pellet guns, threatened with machetes and stabbed with needles. The day-to-day physical and verbal abuse that they endure is growing. It is time we sent a message. There are 338 members of Parliament in this House. It is time that we sent a message to our health care workers, to our first responders and to our public safety personnel that we have their backs. We need to send a message.

This violence leads to fear. It leads to compassion fatigue. It leads to morale and recruitment issues. Currently, there is a group of nine applicants going through the RCMP depot right now. Why would someone want to become a police officer? Why would someone want to be a firefighter, a paramedic or a nurse, when they know this is what they are going to face? What protection is there for them?

Some 92% of nurses have experienced physical violence in the course of their jobs. Our health care workers and our first responders are ready to answer the call without hesitation. We dial 911, and they come running without hesitation. If we show up in an emergency ward, they are there to help us or our loved ones in our time of need, yet because they are there, they put themselves in a vulnerable setting. They can be walking by and get punched in the face or kicked on the floor. Who helps them? Oftentimes they are left alone with no one to attend to them.

They need to know that someone has their back. Unfortunately, while providing this essential care to our communities, our frontline heroes are being assaulted. They are being belittled and forced to confront a growing epidemic of violence against them. The statistics are alarming. They are not made up. Those workplaces, simply put, are not safe. When did violence in a workplace ever become the norm?

A recent internal survey by Region of Peel paramedics said that 97.5% of medics have all experienced physical and verbal abuse, forms of intimidation. Eighty per cent have been physically assaulted. Sixty per cent have been sexually assaulted. The International Association of Fire Fighters reported growing rates of acts of violence when responding to structural fires and reported acts of violence during medical calls. What are we doing to help those who help us?

A firefighter was punched while rescuing people from a burning building and a nurse was thrown down while she was administering care in a hospital emergency room. There is nothing enshrined in Canadian law that deters violence against them. The sole purpose of Bill C-321 is to provide those who serve us, those who protect us, protection.

Whether they are a nurse, a personal care worker, a paramedic, a firefighter, a correctional officer or a psychiatric nurse who is performing their duties, they are facing increasing rates of violence, and we need them to know they are cherished and that someone has their back. We need them to know there is someone fighting for them. We as parliamentarians are fighting for them. That violence being perpetrated against them is unacceptable, and we will not stand for it. We will stand against it.

Our health care workers and first responders should know and be assured that if they are attacked, there is a legal mechanism in place, and that the perpetrator will be tried and convicted with the full force of our Canadian legal system.

As it exists today, many of the health care workers and first responders who are assaulted while performing their duties do not get support from the legal system. Often they are told it is part of their job. They are told that it is part of their job description. It is a culture we are fighting to change. Getting abused at work is never acceptable.

The response to tabling this bill has been overwhelming. Hundreds, if not thousands, of paramedics, firefighters, police officers and nurses have written to us to share their stories. Nobody wants to get involved when this happens. Everybody stands by the wayside and just watches. That is unacceptable. It is unacceptable in society that we sit and watch that. When did it become okay to hunt RCMP, to hunt police officers or to hunt paramedics?

The stories are horrific and heartbreaking. I honestly could spend the next year sharing the stories that we have heard. At the natural resources committee on March 10, Carmen Santoro, senior executive of Eastern Canada's International Association of Fire Fighters, testified before the committee and said this:

Before I close, while I have the floor, I want to say that I've been a firefighter for 37 years. For most of it, I was a supervisor or a captain. What a lot of people don't realize is that we are one of the few professions that do not have the right to refuse unsafe work.

They do not have the right to refuse dangerous work. He continued, “Every emergency scene is unsafe work, and we rely on all of you,” parliamentarians, “to include safety measures,” and for us to consider their safety. Let that sink in. They do not have the right to refuse dangerous work.

If a simple assault charge was enough of a deterrent, this debate would be irrelevant, but clearly there is nothing right now that is acting as a deterrent for the increasing rates of violence experienced by health care workers and first responders. That is why the International Association of Fire Fighters has come out and supported this. The Canadian Association of Fire Chiefs, the Paramedic Association of Canada, the Ambulance Paramedics of British Columbia, the Ontario Paramedic Association, the Paramedic Chiefs of Canada, the Manitoba Association of Fire Chiefs, the Saskatoon Paramedic Association, and the British Columbia's Nurses' Union have all lent their support for this legislation.

It is obvious there is a need for this because there are so many provincial, national and international organizations that have come on board. Big city mayors are talking about the increasing rates of violence and the need for deterrence. We need to do more as parliamentarians.

This is not the first time this has been brought up in this House. It was studied at the health committee in 2019. Its recommendation was that the Government of Canada amend the Criminal Code to require a court to consider the fact that if the victim of assault is a health care service sector worker, that be an aggravating circumstance for the purposes of sentencing. That is exactly what Bill C-321 does.

Members know the work I have done in this House with respect to our first responders, and those who serve our country and our community. I carry a challenge coin with me all the time to remind me of the sacrifices they make. These brave men and women put their uniforms on, and they fight each and every day. They get up each and every day knowing they are going to face dangerous circumstances and their lives are going to be put in jeopardy. They live in fear.

We always talk about honouring them. I think there is no greater honour for the hundreds of thousands of public service workers, health care workers and public safety personnel than to pass Bill C-321. That is truly honouring their service.

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

moved 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.

Health Care Professionals and First Responders

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

Mr. Speaker, every day, news reports and social media feeds are filled with stories of yet another violent attack on a first responder or health care worker. In our time of need, it is our frontline heroes, our police forces, our nurses, firefighters, paramedics and other health care workers who come to our aid.

Without hesitation, these incredible Canadians are there for us any time, any place. Sadly, they are facing an unprecedented level of violence aimed toward them. This kind of violence has a ripple effect. It contributes to fear, burnout, compassion fatigue, depression and PTSD.

A nurse or health care worker should not have to fear for their personal safety when reporting for duty. A paramedic or firefighter should not have to fear for their lives when answering a 911 call. Violence is not part of their job description.

Next week, the debate begins on my private member's bill, Bill C-321. This legislation is a first step in curbing the escalating violence against these important heroes. I humbly ask all my parliamentary colleagues to support this important piece of legislation.

Criminal Code

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

moved for leave to introduce Bill C-321, an act to amend the Criminal Code (assaults against health care professionals and first responders).

Mr. Speaker, I am heartened to see that the Minister of Public Safety is in the House to hear the first reading of this—