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

[The Deputy Speaker, Conservative, Chris d'Entremont]

The House will now proceed to the taking of the deferred recorded division on the motion at third reading stage of C-321 under Private Members' Business.

The House resumed from February 16 consideration of the motion that Bill C-321, An Act to amend the Criminal Code (assaults against persons who provide health services and first responders), be read the third time and passed.

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

Madam Speaker, I want to thank my hon. colleague from Calgary Heritage. I have known him only a short time, but I value his friendship and truly respect the work that he does alongside all of us in this House.

We had an opportunity here, from all sides of the House, at report stage, where all parties unanimously supported Bill C-321. The bill is not the be-all and end-all, but sends a clear message to the public and the judiciary that the protection of those who protect us is important. It sends a message that we need to be standing up for those who stand up for us.

We know that 83% of Canadians support making assault against first responders a more serious offence in the Criminal Code. Eight out of 10 Canadians believe that violence against paramedics is a problem in Canada, including 31% who believe it is a major problem.

Rates of violence against nurses, health care workers and first responders are growing at an alarming rate. Bill C-321 will provide much-needed support for those on our front lines. This legislation is a tangible way that we, as parliamentarians, can show those on the front lines that we care, that we respect them, that we do not condone violence in their workplace. We need to let them know that we have their backs. We need to let them know that we are listening. Bullying, abuse, racial or sexual harassment, and physical assault should never and can never be considered just part of their job. These workers care for us at our most vulnerable time and I think we have the responsibility to care for them in return. We need to send a message that violence is unacceptable.

I really hope we can get this passed as soon as possible. We do not need to have an extensive study in the Senate. We have heard from witnesses. We have studied the matter extensively at committee. What we need now is action.

A good friend of mine sent me a text this morning. Do members know that Australia has adopted a very similar law to what we have as Bill C-321, except it is making it even stronger? It is setting mandatory minimums when first responders are assaulted. This comes out of the violent machete attack on a paramedic in Australia. Obviously, we do not go that far yet. This bill is just a start. It sends a message that we are listening. It sends a message to the judiciary that we take violence against first responders and health care professionals seriously.

I hope Madam Speaker and all my hon. colleagues will support this bill at third reading when we get back from the constituency week so that we can get it passed as soon as possible.

Before I close, I want to thank my colleagues from all sides of this House who have offered their support and their feedback. I value it.

We need to send a message that violence is not acceptable. It is not part of the job description. They do everything in their power to save our lives, to keep us healthy, but they are exhausted and fear for their safety and their lives. They need to know that we have their backs, that someone is fighting for them. They need to know they are valued. Passing Bill C-321 and ensuring its swift passage through the Senate toward royal assent is the very least we can do.

I am going to end with this simple message. Our frontline heroes are there when we need them the most. They answer our calls for help. Should we not answer theirs?

[Shuv Majumdar, Conservative, Calgary Heritage, AB]

Madam Speaker, it is an honour to rise in the House to speak to Bill C-321, a bill which would amend the Criminal Code to protect and defend our men and women serving on the front lines.

The bill is led by my dear friend, a fierce advocate and the Conservative shadow minister for mental health and addictions, the hon. member for Cariboo—Prince George. In my short time on Parliament Hill, I have seen his advocacy for the mental health and well-being of Canadians in action in our time at the health committee, from seeing him fight for Canadians with addiction issues to watching him bring in a life-changing program, the 988 suicide crisis line that will save thousands of lives. We know his legacy will be one of saving lives. I cannot think of anything more honourable or noble than that.

However, his work here is just beginning. Today he is bringing forward legislation to protect our nurses and paramedics, and all those on the front lines. They are the very people who risk their lives every day to protect us, and I could not be more proud to stand to shoulder to shoulder with him as co-sponsor of the legislation.

I have three reflections on the bill: the frontline heroes in Calgary, what the legislation brings to the table, and why it is needed now. In my city, there are thousands of people, from Bridlewood to Evergreen and all the way to Lakeview, who work in these jobs. Every day, they wake up and go to work, saving lives and supporting those who need it the most. Sometimes they have to endure the heartbreak of losing the people they care about. On top of that, these folks are barely scraping by due to an increasing cost of living and a gut-wrenching carbon tax. I know this because during my campaign and in the 24,000 conversations I had, I heard their stories. I saw the pain in their eyes. These are my neighbours, the heroes of Calgary Heritage. They work in some of the most honourable professions in our country, and Canada must do better in showing them how valuable they truly are.

This brings me to my next point: what the legislation brings to the table and how it would protect our heroes. The bill, if passed, would amend the Criminal Code to consider an assault against a nurse, paramedic, firefighter or other frontline worker, including health care staff, an aggravating circumstance upon sentencing. With this amendment, the legislation would give greater teeth to our prosecutors seeking justice for workers assaulted, abused or violated on the front lines. It would send a message to the bad actors thinking they can walk into an emergency room, an ambulance or a care home, and hurt our frontline workers. Finally, it would ensure that the perpetrators of these horrific acts are put behind bars.

What is the urgency behind passing the legislation? More and more of our people on the front lines are reporting increased abuse, violence and assault every year. In fact, we know from the Canadian Association of Emergency Physicians that over half of emergency department nurses are physically or verbally abused in any given week, and 43% of hospital nurses will be sexually harassed or assaulted this year. The number of violence-related, lost-time claims for frontline health care workers has increased by almost 66% over the past decade.

The cost of this is absenteeism. Nurses often have to seek care or therapy because of the trauma they experience. This means that the people who care for us when we need it the most are unable to do so because of the abuse they have faced. We know that in 2016, the annual cost of absenteeism for nurses due to illness or disability was nearly $1 billion. For paramedics, 75% of them reported experiencing violence, many suffering from psychological wounds in the form of stress, anxiety and PTSD. Every time these heroes go to work, they know they may not come home. They should, at the very least, know they will not be subjected to violence or abuse from the people they serve, care for and protect.

It is time for us to do the same and serve them. Bill C-321 would do just that by protecting those who protect us. It is common-sense legislation and long overdue. To my colleagues across the chamber, this need not be a partisan undertaking. Let us come together to pass the legislation and change the lives of our heroes on the front lines.

[Lori Idlout, NDP, Nunavut, NU]

Uqaqtittiji, I acknowledge we are on unceded Anishinabe Algonquin territory. I do so while representing my riding of Nunavut. I rise to speak to Bill C-321, an act to amend the Criminal Code regarding assaults against health care professionals and first responders.

I thank the member for Cariboo-Prince George for tabling his private member's bill. Since I joined this house in 2021, I have observed that the member is passionate about mental health.

The content of Bill C-321 brings forward debate about the circumstances of health care workers and first responders. This amendment, if it passes, would require the courts to consider their position as an aggravating circumstance, therefore possibly impacting sentencing.

What does this mean? It means a few things. First, it means that there has already been a trial and the judge is now considering the length of a sentence according to an offence. In their considerations, the judge must consider both the aggravating and mitigating factors. There exist sentencing principles, including circumstances of the individual, evidence from different facts and similarity to other decisions. Much of these form the consideration in determining how long an offender may be sentenced for.

The other aspects of consideration are the mitigating factors, which are considerations to lower the sentences. These include, for example, if it is a first time offence or if there is an addiction or mental illness. If there are to be any amendments regarding aggravation in sentencing, there should be an equal consideration for mitigating factors.

Addressing violence must be improved. Using the courts is not the right approach. I question the potential effectiveness of this bill in protecting health care professionals and first responders. I question this bill and whether it addresses the increasing incidences in violence that we are told are occurring across Canada.

The criminal justice system in Canada is already flawed. It is a penal system that does not do justice for too many already. Currently, section 269 of the Criminal Code outlines the penalties for causing bodily harm to another person. The penalties can include, for example, imprisonment for up to 10 years, depending on the severity of the offence.

Before I begin the next part of my speech, I must first honour the memory, family and friends who knew Joyce Echaquan.

I struggle with this proposed amendment because there are too many stories like that of Joyce Echaquan's, an Atikamekw woman who livestreamed the abuse she experienced at the hands of hospital staff who should have been there to save her life, not abuse her. Later, it was learned that Joyce Echaquan died of pulmonary edema, an excess of fluid in the lungs. Ultimately, the Quebec coroner’s inquiry concluded that racism contributed to her death.

Joyce Echaquan's story is one of too many. According to the Government of Canada’s website, there are inequalities in health of racialized adults in Canada. The website says, “Racism influences access to health promoting resources. Populations who are racialized in relation to a 'white' or non-racialized social group experience stressors including inter-personal and systemic discrimination throughout the life course”.

In Canada, racialized people are more likely to be exposed as perpetrators in this system. According to the Canadian Centre for Justice and Community Safety Statistics, among those who were discriminated against, 21% of indigenous people and 16% of Black people said it was when they were dealing with police, compared with 4% of non-indigenous, non-visible minority people who experienced discrimination.

In his debate, the member for Cariboo—Prince George shared that some 92% of nurses have experienced physical violence during the course of their jobs. When I hear this, I hear the need for all of us to work better together to make overall improvements and to address violence as a preventative measure, not as a punitive one.

While I completely agree that health care workers and first responders must have a safer working environment, they, too, must play an active role in creating that safe space. The criminal justice system must not be the go-to for this solution.

I appreciate past attempts in addressing this area, including the work by the NDP. Unfortunately, those past attempts may not have been viewed from a trauma-informed lens. Those past attempts may not have considered that most of them enter the health care and the criminal justice system because of Canada's continued effects of Canada's genocidal policies. I do not disagree that health care professionals are not important. The criminal justice system protects them too. They are not excluded from protections through the criminal justice system.

Health care professionals and first responders can have any kind of reason to enter that workforce. They do so wanting to help people in pain and to help those who need treatment. As a caring field, we hope, as individuals, that all of us would be cared for. However, for racialized Canadians, unfortunately, this is not an automatic assumption.

When the House of Commons committee studied this area and tabled its report, “Violence Facing Health Care Workers in Canada”, I am not sure what contributing factors it explored that might be leading to the increases observed. I do not discredit any of its work, I only ask that there be closer attention paid to how Canada's lack of investment has led to increases in the exposure to these circumstances.

I only ask that there is an acknowledgement of how systemic racism might be perpetuated by accepting the bill before us. It would not address violence in the workplace, which is what the intent of the study tried to address. I would ask this Parliament and this government what they have done to implement the other recommendations made in the standing committee report.

I also highlight the Truth and Reconciliation calls to action, which has offered solutions, including calls to action 18 to 23. I would also remind parliamentarians about the MMIWG calls for justice. I highlight 10.1, which calls for the mandatory training of Crown attorneys, defence lawyers, court staff and all who participate in the criminal justice system.

I will conclude by sharing some quotes.

The Canadian Centre For Justice And Community Safety Statistics states, “Discrimination or victimization based on individual characteristics that are visible parts of identity can also have broader ramifications beyond the individual who is targeted.”

In a CBC article, the Minister of Indigenous Services said, “The systemic racism endured by Indigenous people in Canada's health care system exists because the system was designed that way.... Sadly this is not shocking to me.... Racism is not an accident. The system is not broken. It was created this way. And the people in the system are incentivized to stay the same.”

[Marilène Gill, Bloc, Manicouagan, QC]

Madam Speaker, my mother was a nurse, my father was a volunteer firefighter, and I have a son who wants to be a police officer. I have been personally aware of the violence that we are talking about my entire life, so the bill introduced by my colleague from Cariboo—Prince George is very important to me.

Bill C‑321 seeks to amend the Criminal Code to consider the fact that the victim of an assault or an act of violence is a health care worker or a first responder to be an aggravating circumstance.

The Bloc Québécois has amply demonstrated its support for such a measure. It is clear to us that health care workers and all those who work to keep us safe every day must be protected in the line of duty. If their job can be considered an aggravating circumstance during a crime, if it can help to prevent offenders from attacking them, if it can serve as a basis for harsher sentences for offenders or if it can serve to dissuade offenders from committing such acts of violence, then we are in favour of this solution. Although Bill C‑321 is a partial solution, it is solution nonetheless.

I would like to talk about the principle of prevention, which I believe should also be looked at as a primary measure, an essential measure for protecting health care providers and first responders before even considering the rise in assaults that we have seen against them—in the hope that the this rise is only incidental and will not continue any further—or before even talking about aggravating circumstances, as we are currently doing with the study on Bill C‑321. Prevention also has its place.

Like all my other colleagues who have spoken in the House, I think that all workers have the right to work safely. I am talking about the security that protects their physical integrity, but also their mental integrity because violence takes many forms and is not just physical. It might be wishful thinking on my part and on that of my colleagues, but I think that we need to reach for this goal and strive for workplaces that are free from any form of violence. In my opinion and that of the Bloc Québécois, that is the heart of the problem: We need to focus on eliminating all forms of violence instead of just punishing those who commit or perpetuate it.

It is true that eliminating violence is a massive undertaking if we consider, as I just mentioned, that it has been on the rise over the years. Studies show that since the pandemic, it has just kept increasing. The problem has been exacerbated.

I want to share a few figures from the field of health care. I will stick to health. For example, data from the Commission des normes, de l'équité, de la santé et de la sécurité du travail, or CNESST, and the Institut national de santé publique du Québec, are unequivocal. They show that 933 assaults or violent acts were committed against health care personnel in 2012 and that 1,994 were reported in 2021 in health care workplaces across Quebec.

I would like to add, as many have, including my colleague from Cariboo—Prince George, that this is just the tip of the iceberg. These are the cases that have been reported. As in many situations of violence, including partner violence, we have the numbers that correspond to what people have been willing to share, but we do not have them all.

We talked about prevention. My colleague also talked about the idea of opening up the discussion, making this subject public. Perhaps putting it in the public arena would make people aware that they have experienced forms of violence. It might also help them report violent incidents. In short, we are seeing a steady increase. In the figures I just mentioned, the numbers have more than doubled in 10 years. That is a massive increase.

I would also like to mention the House of Commons Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities, which studied the subject and published a report in 2019, if I am not mistaken, on the issue of violence in health care.

During that study, the Canadian Federation of Nurses Unions mentioned that 61% of its members who participated in the survey said they had experienced violence. That is just among those who took part in the survey. The percentage may be higher. Still, that is 61% of members who have experienced harassment, assault or violence.

In 2014, 1,676 paramedics responded to a similar survey, and 75% of them reported being victims of violence. In 2010, according to the College of Family Physicians of Canada, one-third of survey participants said they had experienced this kind of violence.

Whether it is one-third, three-quarters or two-thirds, it is too much. My colleague also talked about a case of violence. I would like to share a story that happened when I was younger and has always stayed with me. As I said, my mother was a nurse. Even little kids realize when something is not right. It makes us reflect on this violence in the workplace and on the fact that some jobs may be higher-risk. A nurse was dealing with a patient who was agitated and aggressive and became violent. He decided to kick her. He kicked her in the stomach. This violence was entirely unjustified. The nurse in question was pregnant. She did not lose her baby, but she had to be hospitalized. Guess what? She decided to stop working as a nurse after that incident.

I wanted to put that on the record. All incidents we could describe here are shocking. They amount to gratuitous violence. They may all seem similar in many ways. This story illustrates the impact they can have on people's lives, on their integrity, physical health and mental health. We talked about this earlier. They also have an impact on the profession overall and on society at large. It really is a domino effect. No one is spared the consequences of such violence. As a child aware that her parent was exposed to risks at work, I experienced those consequences myself to some degree.

Although this should not be the only argument, the shortage of health care workers in the sector is a factor worth considering. Health care professionals and first responders have better things to do than worry about their safety on the job. They should not feel that they have to protect themselves, or worry that they might encounter this type of situation. It is hard to promote a profession when we allow violent situations like this to continue. How can we say that we value a profession if we stand idly by while the people who practise it are at risk?

The statistics I quoted are very real. These are the folks who work in our hospitals and suffer the consequences of this violence. Of course, the quality of the environment has an impact on the quality of care. I was talking about prevention earlier. The government has a duty to transfer money to Quebec. That is not the only solution, but when it comes to prevention, we need a properly funded and subsidized environment to be able to give all health care workers a break. Here, again, I am focusing on health care. This is not a justification, but we need to reduce the level of frustration that patients in the health care system are feeling.

I see my time is running out. I think I could talk about this for another 10 minutes. I must have prepared for a 20-minute speech. I am really interested in this issue. All this to say that we support Bill C-321.

I would like to use the last few seconds of my speech to express my deepest gratitude to all health care workers, to those working behind the scenes, and to firefighters and paramedics. I want to thank those who are known as first responders, who do just about everything. I also want to thank our correctional officers, many of whom live on the north shore. I would like to thank them for the work they do. They deserve more than just recognition. They need to be valued, protected and supported, and I will see to that.

[Vance Badawey, Liberal, Parliamentary Secretary to the Minister of Transport]

Madam Speaker, first I want to thank the member for Cariboo—Prince George for bringing the bill forward.

I am honoured to speak to Bill C-321, an act to amend the Criminal Code with respect to assaults against persons who provide health services and first responders, and to the amendments made by the Standing Committee on Justice and Human Rights.

I also want to thank the committee for its work in developing the bill into a more inclusive and robust legislative measure, one that reflects our collective commitment to the welfare of health care workers and first responders, who put their life on the line each and every day to keep Canadians and our communities safe.

Bill C-321 seeks to address the increase in violence against those who provide health services and against our first responders. It was originally tabled proposing to do so by enacting inclusion of an aggravating factor that would apply to assaults against health care professionals and first responders, as well as cases involving the uttering of threats to the same people.

As a result of its deliberations, the committee concluded that the scope of victims who would be protected by this bill needed to be expanded in recognition of the diversity within our health care services sector. Bill C-321 was amended to replace references to “a health care professional or a first responder” with “a person who provides health services, including personal care services, or a first responder”. This change was made to the proposed aggravating factor, as well as to the preamble and to the title of the bill. This is the same language from Bill C-3, which the Government passed in 2021.

This change in language would ensure that all individuals involved in providing health services, from nurses and doctors to personal care workers, abortion providers and administrative staff, benefit from the same protection against assaults and the uttering of threats while in the performance of their duties.

The committee's amendments also align with the changes brought about by our government's former Bill C-3, which received royal assent in 2021. The amendments ensured that it would be an aggravating factor for any offence of assault or uttering threats to be committed against a person who, in the performance of their duties and functions, was providing health services, including personal care services.

Former Bill C-3 also enacted new offences prohibiting intimidating and obstructing conduct directed at those providing or seeking health services. Bill C-321's proposed changes would expand criminal law measures to include first responders. This reflects our denunciation of workplace violence in these critical sectors, whose workers should never fear for their own safety or feel intimidated as they are coming from and going to work.

The changes are about recognizing the diverse roles of those individuals who contribute to our safety in our health care systems, and about our recognition that they deserve to work in an environment free from the threat of violence. They should never be the target of death threats, whether in person or through social media campaigns designed to intimidate and frighten them, yet this is happening each and every day.

The need for such comprehensive protection is based on the statistics and stories emerging from various sources. For instance, the 2019 report by the House of Commons Standing Committee on Health revealed that in just one year, 61% of nurses experienced abuse, harassment or assault.

Firefighters and other first responders have also reported an increase in acts of violence during emergency responses. Behind these numbers are real people facing real threats, impacting not only their physical safety but also their mental health and job satisfaction, as well as, may I add, their families and the people close to them, and their neighbourhoods.

Bill C-321's proposed amendment to the Criminal Code signals to the courts that sentences should be increased to further denounce assaults committed against persons who provide health services or who are first responders. It also acknowledges their invaluable service to society, which sometimes makes them vulnerable to violence while carrying out their duties.

Additionally, this bill, with a broader scope, would provide a clearer response to conduct that disproportionately impacts women and particularly racialized women. By extending protection to all health service providers, Bill C-321 also supports the larger goals of promoting gender equality and safeguarding the rights of minority groups.

The available information regarding violence against first responders, while not extensive, clearly indicates that women in these roles face a heightened risk of gender-specific violence, including instances of sexual harassment and assault.

Our first responders and those in health services are working selflessly in the most trying circumstances to save lives and care for critically ill patients. Their commitment to public service often comes at a personal cost, a cost that should not include violence.

I know that the government remains steadfast in its commitment to addressing the serious issue of violence against health service providers and first responders.

Supporting Bill C-321, as amended by the committee, is a demonstration of our commitment to protect the well-being and dignity of those who serve our communities.

I want to note that it is Sexual and Reproductive Health Awareness Week. It is important to note that this legislation, as with the former bill, Bill C-3, will protect abortion providers. We have seen rises in attacks on abortion providers in various parts of the world and we want to avoid that here in Canada.

I am happy to see this bill provide another level of protection to those providers in Canada. Violence affects more than just the physical well-being of first responders and health care workers. It also has lasting consequences on their mental health. The challenges of the pandemic have intensified pre-existing problems, such as burnout and occupational stress injuries, which are often a result of traumatic experiences, including violence and abuse encountered in the workplace. These work conditions influence the decision of these crucial workers to remain in their jobs, and remain serving our communities.

This bill, in its amended form, is part of a broader conversation about how we, as a society, value and protect those who work in challenging and often dangerous environments. It challenges us to think about the kind of support and resources we provide and how to ensure that every worker in Canada can perform their duties without fear of violence or harm.

Let us honour the work of the people who provide health services, including personal care services and first responders, with actions that match their dedication.

We will continue to work to keep all Canadians safe. I urge all members to support Bill C-321 to pass, ensuring that our first responders and health care workers are protected, and that this goes to the Senate for its approval.

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

Madam Speaker, I do not think we can say thanks enough to those who put their uniforms on every day knowing full well they are going to experience absolutely the worst of society. They put their uniforms on to serve us and our families. With the increasing rates of violence, they now have to be worried whether they are actually going to be able to return home to their families. Imagine the traumatic toll it takes on someone to worry they are going to be violently attacked over the course of their day when they are just doing their duty, just doing the job they want to do and serving their country. That is what they face each and every day, and it is horrible. We need to pass BIll C-321.

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

Madam Speaker, it is interesting our hon. colleague brings up transit workers and the issue of violence against them when there is legislation in place that does already protect transit workers. Whereas, Bill C-321 needs to be passed to protect those who protect us.

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

moved that Bill C-321, An Act to amend the Criminal Code (assaults against persons who provide health services and first responders), be read the third time and passed.

Madam Speaker, it is a great honour to rise once again in this chamber to speak to a bill that is near and dear to my heart. I rise today to speak on behalf of the hundreds and thousands of brave men and women who are our hometown heroes; they are our nurses, our health care workers, our firefighters, our paramedics, our first responders and our correctional officers.

Bill C-321, an act to amend the Criminal Code, assaults against persons who provide health services and first responders, would amend the Criminal Code by adding section 269.02, which would make an offence against a health care provider or first responder an aggravating factor upon sentencing. Our health care providers and first responders need to be assured that if they are attacked, assaulted or harassed while on the job, there is a strong legal mechanism in place to deliver them justice. As it stands today, that protection simply does not exist.

Bill C-321 would serve three main purposes: one, it would be a powerful deterrent to those who seek to commit violence against our frontline heroes; two, it would signal to frontline workers that we value them, that we are looking out for them and that the justice system will protect them; and three, it would help throw weight behind a national conversation that needs to be had to start making these workplaces safer. To put it more simply, Bill C-321 is about protecting those who protect us. The importance of this legislation cannot be overstated.

Our health care providers and our first responders truly are Canadian heroes. They put their lives and their personal safety on the line each and every day. How many people can say that same? We have fallen far when it is okay to hunt and to target firefighters, who are just trying to save lives; to hunt and to target nurses and paramedics, who are simply trying to provide care to the sick and wounded? These are our frontline heroes, and the reality is that they have to deal with these traumatic occurrences each and every day.

Firefighters, police officers, correctional officers, nurses and doctors put on their uniforms each and very day to serve us and our families. They do so knowing and expecting that they are going to face violence and harassment. They heal our wounds. They run into burning buildings. They run toward danger when others run away. They dedicate their lives to protecting us and those we love: our neighbours, our friends, our families. Who protects them? Right now, there is no one.

Everyone deserves a workplace free from violence and abuse. When one starts a career in health care or as a first responder, one does so to serve one's community and to make a difference. Nowhere in the job description does it say that one should be signing on for a life of violence, abuse and harassment. When did violence in the workplace every become the norm? We cannot tolerate this any longer. We have to act.

Many of our great men and women, nurses and paramedics, firefighters and correctional officers have shared their personal stories with me, and I am sure they have done the same with many of our colleagues as well. We cannot turn on the TV or scroll through social media without seeing yet another story of a violent attack on a paramedic or a nurse.

Recently, I visited a medical facility, and I witnessed the aftermath of a bloody assault on a nurse. It was horrible to see this young nurse absolutely battered. All that nurse was trying to do was to take the temperature of a patient. When I spoke with the supervisor of that particular nurse, I was told that it was the second incident of violence in a month. It is crazy how far we have fallen when our paramedics have to put on bulletproof vests just to start their shifts and to make it through a shift.

When we hear those stories we do not know how to respond. It is difficult to imagine the things they go through. It is hard to hear. What I know is that we need to act. We need to do everything in our power to make a difference in these heroes' lives. Whether they are a nurse, a personal care worker, a paramedic, a firefighter, a correctional officer or a psychiatric nurse who is simply performing their duties, they are all facing increasing rates of violence on a daily basis. We need them to know that they are cherished and that someone is looking out for them. We need them to know that there is somebody who is fighting for them.

We as parliamentarians can be their champions. We have the sole constitutional power to create law, and we must use that power to demonstrate to the world that in Canada, violence perpetrated against health care providers and first responders is unacceptable. We will not stand for it. On the contrary, we will stand firmly against it.

To anyone watching or listening right now, I urge them to go look back at the witness testimony from when Bill C-321 was at the justice committee. Some of the stories these brave paramedics, nurses and firefighters have shared with us were absolutely horrific. I would like to highlight some of the testimony for my colleagues here now.

Testimony from Dr. Elizabeth Donnelly, associate professor at the University of Windsor and a member of the violence in paramedicine research group reads:

Violence against paramedics is wildly under-reported, primarily due to a culture of under-reporting and this idea that tolerating violence has become an expected professional competency.

Violence reporting [has been slowly] increasing, and while it's still under-reported, our research has found that paramedics are reporting violence every 18 hours, are assaulted every 46 hours and experience violence that results in physical harm every nine days.

Linda Silas, President of the Canadian Federation of Nurses Union, said this:

The facts are shocking...In 2023, a pan-Canadian survey of nurses was done. Two-thirds reported incidents of physical assaults over the past year and 40% of those nurses reported physical abuse more than once a month while engaged in their duties.

She also said:

Exposure to violence predicts negative mental health outcomes, including PTSD...78.5% [of nurses] report symptoms of burnout. Similar data is seen with public safety personnel.

Danette Thomsen of the B.C. nurses union said:

What about the nurse in rural B.C. who, last January, entered a female patient's room and was attacked? Can you imagine being held over a chair, receiving punch after punch, with handfuls of your hair being pulled out, while waiting frantically for help to come from the RCMP?

Paul Hills, president of the Saskatoon Paramedics Association and a member of the International Association of Fire Fighters, speaking on the daily experience of paramedics across Canada, said this:

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 [accidents].

He went on:

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.

Mr. Hills continued:

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.

If that is not enough evidence, I am not sure what is, but the violence that our health care providers and first responders face on a daily basis has hidden consequences that go beyond the physical risks. There is a growing body of research showing that increased violence is correlated to higher rates of depression, anxiety, stress, suicidal ideation and burnout.

Critically, exposure to on-the-job violence has been strongly identified with a rising intent to leave the job. We live in a time when we need our health care providers and first responders more than ever, but our nurses, paramedics, firefighters and more are looking to leave their jobs rather than continuing to suffer the abuse they experience. The violence and abuse they constantly face leads to fear, to fatigue and to burnout; and it leads to serious morale and recruitment issues. Why would they not want to leave? How are employers going to recruit somebody with that type of job description, under those conditions? Why should we expect people to keep fighting, day in and day out, for us, with no thanks and no appreciation, if we cannot fight for them?

Our frontline heroes need our support. They need recognition. They need our help. Bill C-321 is the necessary first step to work toward those goals. Many parties have a role to play in addressing this crisis, and those actors and those parties need to step up to the plate. Talk is cheap. As parliamentarians, we are limited in offering solutions, but what we can do we should do. We can do our part by amending the Criminal Code and passing Bill C-321 into law now. I do not think it is a controversial debate. We all want to come together on this in a non-partisan fashion to get things done for our health care providers and our first responders.

We have already heard speeches and witness testimonies that Bill C-321 is complementary to the changes made in the earlier Bill C-3, and we know that Bill C-321 came out of the 2019 HESA recommendations from the report on violence against first responders. We know that the relevant stakeholder groups are overwhelmingly supportive of this legislation. If the status quo on an assault charge were a sufficient deterrent, this debate would be irrelevant, but clearly, as so many witnesses have testified before the justice committee, there is nothing currently in the law that acts as a strong enough deterrent for the increasing rates of violence experienced by health care providers and first responders.

That is why the International Association of Fire Fighters has publicly and vocally supported the legislation, and it is far from the only one. The Canadian Association of Fire Chiefs, the Paramedic Association of Canada, the Ambulance Paramedics of British Columbia, the Union of Canadian Correctional Officers, the Ontario Paramedic Association, the Paramedic Chiefs of Canada, the Manitoba Association of Fire Chiefs, the Saskatoon Paramedic Association, the British Columbia Nurses' Union and the Canadian Federation of Nurses Unions have all thrown their considerable weight behind this bill. It is imperative that we listen to what these stakeholders are telling us. They are asking us for help, and they are asking us to work toward a solution together.

There are countless regional, provincial, national and international organizations that have come on board, and we know that the Canadian public is highly supportive of this initiative as well, as was reported from an Abacus Data poll conducted in November, which showed that 83% of Canadians support making assault against health care providers and first responders a more serious offence in the Criminal Code.

We must take this first step toward showing our frontline heroes that we hear them, that we are here for them, that we value them immensely, that we will always have their backs, that we appreciate them and that we will fight to protect them. That is our duty. Our health care providers and our first responders need to know that Parliament, the House of elected officials and, more important, the justice system have their backs and will not let them slip through the cracks any longer.

[The Deputy Speaker, Conservative, Chris d'Entremont]

The House will now proceed to the taking of the deferred recorded division on the motion at report stage of Bill C-321, under Private Members' Business.

The House resumed from December 15, 2023, consideration of the motion that Bill C-321, An Act to amend the Criminal Code (assaults against persons who provide health services and first responders), as reported (with amendments) from the committee, be concurred in.

[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 concurred in at report stage.

The House proceeded to the consideration of Bill C‑321, An Act to amend the Criminal Code (assaults against health care professionals and first responders), as reported (with amendments) from the committee.

[The Chair, Liberal, Lena Metlege Diab]

Mr. Caputo, that was the reason we scheduled both Bill C-321, which I reported on yesterday, clause-by-clause having been successfully concluded at this committee, and Bill C-40. Those two needed to be dealt with and were on the order of business to be concluded.

It didn't make any difference to the minister's availability and his appearances as to which date he appeared, because as long as he appears..., and I'm sure he's still willing to appear.

If we can continue with our business and do what we need to do, I am sure we can call him again to appear.

Justice and Human Rights

[Lena Metlege Diab, Liberal, Halifax West, NS]

I have the honour to present, in both official languages, two reports from the Standing Committee on Justice and Human Rights.

The first is the 17th report of the Standing Committee on Justice and Human Rights in relation to Bill C-321, an act to amend the Criminal Code, assaults against health care professionals and first responders. The committee has studied the bill and has decided to report the bill back to the House with amendments.

The second is the 18th report of the Standing Committee on Justice and Human Rights, and is about a motion adopted by the committee on Tuesday, December 5, 2023. It is entitled “Measures to Protect Canadians”.

[Élisabeth Brière, Liberal, Sherbrooke, QC]

Thank you, Madam Chair.

In terms of consistency, I just want to point out that the proposed wording in Bill C‑321 reflects the wording in subsection 269.01(1) of the Criminal Code, which states that the court “shall consider as an aggravating circumstance the fact that the victim was a public transit operator.” We're keeping the same wording.

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

Thank you.

Bill C-321, which we are considering today, amends the Criminal Code by adding section 269.02. I thought I would take a look at what section 269.01 says. It's already existing. It's about judges taking into consideration that the victim is a public transit operator. The language that is being proposed in the bill that is before us today mirrors almost exactly the language of existing section 269.01, which definitely uses the term “shall”: “it shall consider as an aggravating circumstance”.

I think that, just for the sake of consistency with the existing legislation, we need to stay with the original wording of Bill C-321 as it is before us today.

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

I want to move a subamendment, Madam Chair. It has been distributed to the committee members. It would replace the word “shall” with “may”.

We heard from Justin Mausz, an advanced care paramedic. He completed his Ph.D. and he works as a clinician‑scientist and professor in the department of family and community medicine at the University of Toronto. Mr. Mausz seems qualified to address the issues concerning Bill C‑321.

When he came to speak, I asked him the following question:

Do you think the bill would still be helpful if it said that the court “may consider as an aggravating circumstance”, instead of “shall consider”? That way, the judge would have the discretion to determine whether it should be considered as an aggravating circumstance in a particular case.

Mr. Mausz responded: “Yes, absolutely.” I won't read you his entire response, but he finished with the following statement: “I always think context is important in decisions that must be approached with seriousness.”

It's a good idea, in probably 95% of cases, to consider as an aggravating circumstance the fact that the assaulted individual was a health care professional. However, there may be circumstances where this doesn't apply. Mr. Mausz gave the example of a person who, under the influence of adrenaline during an accident, I believe, reacted by saying something like “I'm going to kill you.” Everyone knew that this person wasn't violent, that his words weren't sincere and that the reaction was simply the result of the circumstances and adrenaline. Everyone recognized this, including the paramedic. In these types of cases, the judge hearing the evidence must have some leeway to determine whether this constitutes an aggravating circumstance. If the judge finds otherwise, the judge shouldn't feel obligated to consider it an aggravating circumstance in the sentencing process.

In keeping with the evidence heard and in the interest of fairness, I think that we should replace “shall” with “may”.

[The Chair, Liberal, Lena Metlege Diab]

I call this meeting to order.

Welcome, everyone.

Welcome to meeting 86 of the House of Commons Standing Committee on Justice and Human Rights.

Pursuant to the order of reference adopted by the House on June 21, 2023, the committee is continuing its study of Bill C-321, an act to amend the Criminal Code on assaults against health care professionals and first responders.

Today's meeting is taking place in a hybrid format, pursuant to the Standing Orders. Members are attending in person and remotely using Zoom. Those who are on Zoom have already been tested and everything seems to be okay.

As it's only colleagues who are on Zoom, I assume that by now you all know the procedure for raising your hand and speaking. I won't go through all of that formally.

The sound checks have been successfully completed.

Here with us today, to help with our study of the clause-by-clause, we have, from the Department of Justice, Mr. Matthias Villetorte, senior counsel and team leader, criminal law policy section; and Ms. Leah Burt, counsel, criminal law policy section. Welcome.

I have a few remarks and I will be very brief. As the name indicates, this is an examination of all the clauses, in the order in which they appear in the bill. I will call each clause successively, and each clause is subject to debate and a vote.

If there is an amendment to the clause in question, I will recognize the member proposing it, who may explain it. The amendment will then be open for debate. When no further members wish to intervene, the amendment will be voted on. Amendments will be considered in the order in which they appear in the bill or in the package that each member received from the clerk. Members should note that amendments must be submitted in writing to the clerk of the committee.

I'll go slowly. There is not a lot going on this afternoon.

During debate on an amendment, members are permitted to move subamendments. These subamendments must be submitted in writing. They do not require the approval of the mover of the amendment. Only one subamendment may be considered at a time, and that subamendment cannot be amended. When a subamendment is moved to an amendment, it is voted on first, and then another subamendment may be moved or the committee may consider the main amendment and vote on it.

Of course, at the end, once it's all done, the committee will vote on the title and an order to reprint the bill if amendments are adopted. Finally, the committee will have to order the chair to report the bill to the House.

We'll begin.

Pursuant to Standing Order 75(1), consideration of the preamble is postponed.

(On clause 1)

On amendment G-1, I see that Mr. Maloney wishes to move it.

Is there any discussion on it?

[The Chair, Liberal, Lena Metlege Diab]

Thank you very much to both of our witnesses.

Thank you for appearing from North Carolina, and thank you to our witness appearing in person from Ottawa.

Colleagues, thank you very much. Have a lovely evening.

I will remind you that our next meeting is on Thursday, November 30, which is the last day of the month. We will be doing clause-by-clause on Bill C-321.

Thank you very much. Have a nice afternoon.

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

I have 30 seconds.

I just want to again thank our guests who are here today. Your membership, and the firefighters, the paramedics and all of those who have shared their very emotional stories with me.... You can't help but be impacted by these stories.

I hope we'll do you right by passing Bill C-321—hopefully soon. I know the industry will share that message. It provides another vehicle to share the message that violence against our health care workers and first responders is not okay and it's not part of the job description.

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

Thank you, Madam Chair.

Thank you to my colleagues for allowing me to sit in on this, and thank you to our guests.

Ms. Silas and Danette, Bill C-321 came out of conversations we had, very honest and very frank conversations, earlier on when we were dealing with my bill, Bill C-211, on PTSD.

I have the questions and I have the backgrounder that Mr. Fortin was looking for. I will send that information to the committee.

I don't want to take up any more time trying to answer your question, Mr. Fortin. I will get you the information that I have. I'll send it through my colleague here.

I think what we need to hear more of is the voices of our guests who are here. I spoke to a group of nurses in northern B.C. two years ago at the invitation of Ms. Thomsen. When I mentioned the proposal of this bill, it brought tears to nurses around the room. It was a very emotional time.

Through you, Madam Chair, I would like to ask our guests this question: Why does just talking about the proposal of this bill evoke so much emotion with your membership?

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

There is no disagreement there.

Sorry to cut you off, but I have just about a minute left.

The existing provision in the Criminal Code refers to a person providing health services. The bill currently before the committee, Bill C‑321, captures health care professionals and first responders. The Criminal Code already covers people who provide health services, including personal care services.

They seem to do the same thing. I could be wrong, but I'd really like to hear your thoughts on that.

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

Thank you.

Subparagraph 718.2(a)(iii.2) is similar to what's being proposed now in Bill C-321. The provision refers to an offence committed against a person who is providing health services, including personal care services.

Aren't you concerned that the provision in this bill duplicates that? If not, how do the two provisions complement one another, in your view?

[Danette Thomsen, British Columbia Regional Council Member, North East Region, British Columbia Nurses' Union]

Good afternoon.

I'd like to acknowledge that I personally live on the unceded territories of the Lheidli T'enneh, where MP Doherty is from. Today I join you from the lands of the Coast Salish peoples—the Musqueam, Squamish and Tsleil-Waututh.

It is an absolute privilege to be here with you today speaking on behalf of our members.

When you consider acts of violence as a cause of workers from all occupations taking time away from work, nurses represent 30% of total claims, the second-highest occupation behind nurse aides, orderlies and patient service associates. Between 2018 and 2022, nurses reported an average of 51 injuries per month caused by acts of violence in B.C. alone. The number of injuries reported over a four-year period between 2013 and 2017 rose by 49%, from 1,653 to 2,458. It's unacceptable.

BCNU represents approximately 48,000 members in the province of B.C.

You just have to turn on the news to see the increase in aggression in our society. Wait times in health care facilities due to circumstances outside of nurses' control are increasing, and incidents of violence are increasing along with them. Nurses working short-staffed, trying diligently to give the best care to their patients, are being targeted. They need to be protected. That is our job—your job and my job. We need to do this today.

Their families need them to return home safe. Can you imagine going home and not being able to hold your young child due to having been assaulted at work? Can you imagine a patient in a waiting room calling 911 to warn that a health care worker is about to get seriously injured, if not killed? This patient then proceeded to attack one of our male nurses and attempted to choke him out. The nurse who was attacked was working a shift his wife was supposed to work. Had he not been there, his month-long recovery could have looked so much different for somebody else.

What about the nurse in rural B.C. who, last January, entered a female patient's room and was attacked? Can you imagine being held over a chair, receiving punch after punch, with handfuls of your hair being pulled out, while waiting frantically for help to come from the RCMP? In many rural communities at night, there's only one RCMP officer on duty. That nurse was freed by another male patient, who assisted.

We hear horrifying stories. Many are so horrifying that I can't even tell them. The psychological impacts on our nurse victims and the colleagues who try to assist them last far beyond the physical trauma. This is costing our already crumbling health care system, as nurses are now dealing with their own mental health injuries and time off work, trying to heal. We are losing nurses from our system. This is the first time ever that B.C. is reporting empty seats in nursing programs. There's normally a wait-list to get into our programs, and we're not even filling our seats.

We have an obligation to protect those who are protecting others. We have an obligation to care for the caregivers.

I'm excited to be a part of this today. Thank you for having us here as the B.C. Nurses' Union. I look forward to answering any of your questions.

We fully support Bill C-321.

[Linda Silas, President, Canadian Federation of Nurses Unions]

Good afternoon.

Sorry, Elizabeth. That bell is the worst part of the job.

Thank you, Madam Chair, and thank you, committee members, for the invitation. It's a privilege to be here.

As you know, I would like to acknowledge that the land that we are sitting on is the unceded, unsurrendered territory of the Algonquin Anishinabe people. I'm a proud New Brunswicker from the beautiful land of the Mi'kmaq people.

I'm here as president of the Canadian Federation of Nurses Unions and on behalf of my 250,000 members. I'm proud that Danette, one of our leaders in British Columbia, will be presenting soon.

We're the working nurses. Like the paramedics, we're there 24-7, taking care of the sick.

Canada's nurses believe that the language in Bill C-321 complements the existing protections and Criminal Code changes outlined in Bill C-3, which is now two years old. I'll get to that soon.

The Criminal Code changes found in Bill C-3 aimed to ensure better safeguards for health care workers, including nurses. Now Bill C-321 proposes expanding the language to include first responders. We welcome this proposed change to the Criminal Code. We recognize that violence against any health worker or first responder when they are performing their duties is an aggravating factor to sentences.

The facts are shocking. You heard Elizabeth talk about the paramedic field. In 2023, a pan-Canadian survey of nurses was done. Two-thirds reported incidents of physical assaults over the past year and 40% of those nurses reported physical abuse more than once a month while engaged in their duties.

All workers deserve a workplace free of violence and abuse. It should not be tolerated. Sadly, nurses and health care workers experience it routinely. We have to look at these. We have to bring in new measures, such as changing the Criminal Code, but we will also talk about prevention modes.

Many people in Canada are aware that public safety personnel—peace officers, police officers, firefighters and corrections officers—have high-risk jobs and often face violence. Most would be surprised that the same ratios exist in the health care field. Our health care facilities and our health care system are not safe places to work.

In addition to physical injury, workplace violence is strongly correlated with negative impacts on workers' mental health and has been seen as an issue facing nurses for many years. Exposure to violence predicts negative mental health outcomes, including PTSD. From our survey of working nurses, three in four, or 78.5%, report symptoms of burnout. Similar data is seen with public safety personnel.

A similar study was done by CFNU in 2019. Nearly one in four nurses screened positive for PTSD symptoms. MP Doherty will remember all the work we did in 2019 on a federal framework on PTSD, which included health care workers, such as nurses and paramedics.

Sadly, violence and abuse are normal in the health care system. Such a high rate of violence would be unthinkable in any other profession. It needs to be stopped. The health care risks are often accepted.

The House of Commons committee on health, HESA, tackled the challenge of rampant violence against nurses for the first time in a 2019 study. Bill C-3 came out of this and came into law in 2021, as one of HESA's recommendations. Bill C-321 will expand these protections.

Nurses are in solidarity with paramedics on this, but we need to go further than this. We need to be clear that this is not enough. We have to make the public and lawmakers aware of the changes in the Criminal Code and work on better protection for our health care workforce in order to work safely in our health care facilities and in our community. Thank you so much.

While we're encouraged by all this work, we know that many more recommendations of the HESA committee have to be done there.

We support this piece of legislation, but we encourage all MPs and all committees to look further to make our health care and our community safer for those who take care of the sick and the injured in their work.

Thank you, Madam Chair.

I'll answer your questions.

[The Chair, Liberal, Lena Metlege Diab]

Welcome back, colleagues, for our second panel. We will now resume.

In our second hour, we are proceeding with our study on Bill C-321.

We welcome, as an individual, Elizabeth Donnelly, associate professor, school of social work, University of Windsor, who is joining us by video conference; Linda Silas, president of the Canadian Federation of Nurses Unions; and Danette Thomsen, British Columbia regional council member, northeast region, British Columbia Nurses' Union, also joining us by video conference.

We will start with six minutes each.

Mr. Brock, are you on the list?

Oh, I'm sorry; before that, you each have five minutes for your opening remarks. After that, we will commence with questions.

I will ask Madam Donnelly to please proceed.

[The Chair, Liberal, Lena Metlege Diab]

I call the meeting to order.

I'd like to issue two reminders.

Before I do that, let me read the standard procedure.

Welcome to meeting number 84 of the House of Commons Standing Committee on Justice and Human Rights. Pursuant to the order of reference adopted by the House on June 21, 2023, the committee is continuing its study of Bill C-40, an act to amend the Criminal Code, to make consequential amendments to other acts and to repeal a regulation.

Today's meeting is taking place in a hybrid format, pursuant to the House order of June 23, 2022. Members are attending in person in the room and remotely by using the Zoom application.

I can confirm that all tests were performed for witnesses joining us online.

I would like to make a few comments for the benefit of the witnesses and members who are online.

Please wait until I recognize you by name before speaking. For those participating by video conference, click on the microphone icon to activate your mike. Please mute yourself when you are not speaking.

I do want to let you know that I have two cards here. This one says “30 seconds” and this one says “time is up”. I will be as discreet as possible, but in order to follow the timing requirements, I will interrupt witnesses or members if I need to. 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. We appreciate your patience and understanding in this regard.

Last, please let the operators open and close your microphones. That's a new procedure. I think they must have had some issues for other committees, although certainly not this one. With many microphones on, the resulting return of sound could hurt our interpreters.

The tests have been successfully performed.

Before we begin the first hour, I'd like to discuss the following points.

I have just two housekeeping items.

First, I'm requesting that we adopt a motion that I will be asking somebody to move. The motion is on the deadline on amendments for Bill C-321, as follows:

That, in relation to the Clause-by-Clause study of Bill C-321, on Thursday, November 30, 2023, the deadline to submit amendments be Tuesday, November 28, 2023, at noon.

Can I please have someone move that motion?

The date is November 28th and the meeting will be held at noon, because the clause‑by‑clause study is November 30. We've already confirmed the dates and they're in the calendar.

I've also been asked to point out a couple of things on that.

I would like to insist on reminding members that all amendments and subamendments on Bill C-321 must be submitted in writing and sent to the committee clerk. Please do not send drafting instructions to the legislative clerks, as they are not the ones who drafts amendments. They must be sent to the legislative counsel.

I'm now looking for somebody to move what I'm asking to be moved.

Madame Brière, thank you.

Does anyone have any objection to that?

Okay. It is so moved.

(Motion agreed to)

The next item is one that you would have received by email earlier today from Mr. Clerk. There are two budgetary items, one on Bill C-321 and one on Bill C-40.

I am requesting that someone move that the proposed budget in the amount of $16,500 for the study of Bill C-321 and the proposed budget in the amount of $19,700 for the study of Bill C-40 be adopted.

Thank you so much, Mr. Moore.

Are there any objections?

(Motion agreed to)

Thank you.

We will now commence with our first study on Bill C-321.

Today, we are welcoming—

I'm sorry. It's Bill C-40.

So today we are welcoming Mr. Simon Roy, Vice-Dean and Full Professor, University of Sherbrooke, Faculty of Law, appearing as an individual.

Welcome, Mr. Roy.

We also have, by teleconference, two witnesses: Mr. John Curtis, counsel, United Kingdom Criminal Cases Review Commission, and Jessyca Greenwood, executive member, Criminal Lawyers' Association.

Members, we will commence now with the first round of witnesses. You will each have six minutes for questions, please.

Before we do that, each of our witnesses has five minutes for opening remarks.

Mr. Roy, you have the floor.

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

Thank you, Madam Chair.

I have a simple question for the witnesses.

I talked about this with Mr. Doherty earlier. Bill C‑321 would require courts hearing these cases to consider as an aggravating circumstance the fact that the person assaulted was a paramedic or doctor, say.

The wording in the bill is “shall consider”, and that makes me wonder about some things. There are times when it's important to really consider the context. The example I gave earlier was of a doctor trying to deliver medical care to a patient at the hospital. The person is in pain and screams that they're going to rip the doctor's hands off if the doctor keeps touching them. That's not what you would call a real threat, necessarily.

I appreciate that you're not a legal expert, but as a paramedic, you have experience dealing with people in emergencies. You or your co‑workers have probably had to appear in court after being assaulted or threatened. That makes you somewhat of an expert, in my eyes.

Do you think the bill would still be helpful if it said that the court “may consider as an aggravating circumstance”, instead of “shall consider”?

That way, the judge would have the discretion to determine whether it should be considered as an aggravating circumstance in a particular case.

[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.

[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—