Bill C-325

An Act to amend the Criminal Code and the Corrections and Conditional Release Act (conditions of release and conditional sentences)

This enactment amends the Criminal Code and the Corrections and Conditional Release Act to create a new offence for the breach of conditions of conditional release imposed in relation to certain serious offences and to require the reporting of those breaches to the appropriate authorities.
It also amends the Criminal Code to preclude persons convicted of certain offences from serving their sentence in the community.

Criminal Code

[Raquel Dancho, Conservative, Kildonan—St. Paul, MB]

Madam Speaker, I would like to begin by recognizing the hard work done by the member for Charlesbourg—Haute-Saint-Charles on this bill and on the issue of public safety.

Our justice system is broken. The catch-and-release policies that the Liberal Party introduced in Bill C-75 and Bill C-5 have led to a 32% spike in violent crime across the country.

As the Conservative Party's shadow minister for public safety, I meet with public safety workers from all across the country. What am I hearing from police officers? They tell me we need to increase funding. However, what they really need is to stop arresting the same repeat offenders and violent offenders every weekend. Sometimes the police are on a first-name basis with these individuals because they have arrested them so many times. Sometimes they arrest them again the very next day. These repeat offenders get back out on the streets and go right back to terrorizing innocent Canadians by committing violent crimes.

We are seeing this in Vancouver. Last year, 40 individuals were responsible for 6,000 violent crimes. It is easy to imagine how much better police officers could do if those 40 individuals could be kept behind bars. How many networks of drug traffickers, gun smugglers, human traffickers and other complex criminal networks could be dismantled if police were not forced to deal with the 40 people responsible for 6,000 incidents who are spreading fear among Vancouverites?

It is the same thing in all the towns that I have heard about. Police officers are exhausted and are suffering serious PTSD because they are overworked. No amount of money can solve this problem. The only solution is a government that focuses on fighting crime, on jail, not bail, for violent repeat offenders, and on improving the parole system to keep dangerous criminals behind bars.

Measures like those would definitely help the police fight violent crime and would really bolster the fight against gun violence. That is what the Toronto Police Service and the premiers of every province and territory are saying. They all agree. They have written to the Prime Minister many times calling for bail reform. These kinds of measures would really have an impact on reducing gun violence.

Instead, the Liberal government is spending an estimated $6 billion on its so-called firearms buyback program, which is really a confiscation program. That is where the Liberals are sending resources. That is their priority. A Conservative government led by the member for Carleton would get Canadians results, clean up our streets and reduce gun violence. That is our commitment to Canadians.

We need a complete overhaul of the Liberal system, which has caused violent crime to skyrocket across the country and has led to innocent Canadians being killed by repeat violent offenders. The member for Charlesbourg—Haute-Saint-Charles introduced Bill C-325 a few weeks ago. This bill would fix the major flaws in Bill C-5, which allows repeat violent offenders to serve their sentences at home, and would keep Canadians safe in their communities.

The bill makes three important changes to our justice system. The first has to do with parole. Some inmates are charged with serious and violent crimes, including drug trafficking or worse, yet they are granted parole and face no consequences if they breach their release conditions. The police may catch an offender breaching their conditions, but all they can do is submit a report to the parole officer. This bill amends the law to introduce consequences for non-compliance with release conditions.

As far as parole officers are concerned, the bill requires them to notify the authorities when one of their parolees breaches their conditions. If that happens, the parole officer must inform the police so that an arrest can be made. These are violent offenders. This seems like a common-sense policy to us. However, the reality is that it is not currently mandatory to report repeat violent offenders who breach their conditions.

Finally, this bill fixes the “Netflix sentences” created by Bill C‑5. The third component of the bill seeks to correct the problem created by Bill C‑5, that of allowing violent criminals to serve their sentences in the community by sitting at home watching Netflix. Bill C-325 would strengthen the parole system by creating a new offence for breaching conditions. It would require parole officers to report breaches of conditions and would reinstate the old version of section 742.1 of the Criminal Code, which was repealed by the Liberals' Bill C-5.

That bill made it possible for criminals convicted of aggravated sexual assault to serve their sentence in the community. That is very serious. I hope that this monumental error will be fixed and that the Bloc Québécois and NDP members will support Bill C‑325. Those violent criminals should not get to serve their sentences at home while watching Netflix. They should be behind bars. I remind members that because of Bill C‑5, a 42-year-old man managed to avoid prison after committing a violent sexual assault.

Even a Quebec Crown prosecutor criticized the government for Bill C‑5. He said that, right now, the Prime Minister and the Minister of Justice probably owe victims of sexual assault an explanation, and that he could not remain silent about this regressive situation.

It is clear that we cannot trust the Liberals to protect women and children from violent repeat offenders. With the support of the Bloc Québécois and the NDP, the Liberals are putting Canadians at increasing risk of becoming victims of violent crimes.

Only a Conservative government led by the member for Carleton will make legislative changes to improve public safety with bills such as Bill C‑325, proposed by the member for Charlesbourg—Haute-Saint-Charles.

[Lori Idlout, NDP, Nunavut, NU]

Uqaqtittiji , I will first acknowledge that I rise on Algonquin Anishinabe territory on the first day of National Indigenous History Month.

I hope that during this month, especially, we all make an extra effort to learn more about indigenous history in Canada. Indigenous history needs to be more visible. As an Inuk from Nunavut, I have observed how hidden Canada's treatment toward Métis, Inuit and first nations is for mainstream Canadians. This has resulted in a lot of ignorance and racism against indigenous peoples. We, as indigenous peoples, generally continue to live on the fringes of Canada's society, and we must take opportunities like this month to move progress on the well-being of Inuit, Métis and first nations.

There are many contributing factors to keeping indigenous peoples on the fringes of society, including the criminal justice system; decades of genocidal policies implemented by the federal, provincial and territorial governments; and the lack of trauma-informed services provided by all governments.

Bill C-325, an act to amend the Criminal Code and the Corrections and Conditional Release Act, regarding conditions of release and conditional sentences, is problematic for many reasons. As such, the NDP will not support the passing of this bill. From what I have learned, this bill proposes to amend the Criminal Code in three main areas: conditional release, reporting, and sentences served in the community, which emerged out of Bill C-5. I will speak to each of these areas.

For conditional release, unfortunately this bill would not improve or supplement improvements to the current system of conditional releases. According to the Corrections and Conditional Release Act, all offenders must be considered for some form of conditional release during their sentence. This is their right. Further, it is inaccurate. This assertion is false, as even with the reform of Bill C-5, judges are not allowed to sentence those who present a risk to the public to serving their sentences in the community. Judges are not allowed to grant bail to those who present a risk to public safety.

I take this opportunity to inform Canadians that conditional release does not mean the sentence is shortened. It means the remainder of the sentence may be served in the community under supervision and with specific conditions. I will be clear: When there is an early release, there are conditions that must be met, including reporting to parole officers, especially when there are compliance issues. This addresses the second element of Bill C-325.

The third element of this bill, which I find is the most problematic, is regarding prohibiting conditional releases in communities. Proposals to amend section 145(5) and the failure to comply for a conviction in relation to offences set out in Schedule I and Schedule II of the Corrections and Conditional Release Act are punitive and overreaching. Bill C-325 would make all parole violations a new criminal offence and would require parole officers to report all parole violations, no matter how minor, to the police and the parole board. This would result only in early termination of parole and in offenders being released at the end of their sentence, without the supervision they would have received if on parole.

Dr. Ivan Zinger, a correctional investigator, reported in 2020 that while indigenous people make up 4.9% of the total population, they make up just over 30% of the people in Canada's prisons. This percentage has increased over the last five years as rates of overincarceration are decreasing. Dr. Zinger further said that indigenous women, racialized women and women who live in poverty are incarcerated at even higher rates than their male counterparts. He reported that indigenous women make up 42% of the population in women’s prisons. This is the fastest-growing prison population in Canada as it has increased by over 60% in the last 10 years.

Bill C-325 would not improve conditions for marginalized Canadians, it would only further marginalize them. If this bill were truly about justice, there would be proposals that addressed systemic changes that are in dire need. We need to make sure the system can focus effectively on those who present the greatest threats to public safety, and stop the over-detention and overincarceration of indigenous, racialized and marginalized Canadians.

New Democrats are committed to meaningful reforms to the bail system. Unlike the Conservatives who pander to partisan fundraising dollars, New Democrats are interested in using Parliamentary time and resources in getting meaningful results for Canadians for a more just and equal, as well as a safer, society.

Indigenous rehabilitation must be culturally sensitive and trauma-informed and further support integration into communities. Other members have reminded all of us that there are truth and reconciliation calls to justice, specifically numbers 30 and 32. These calls to action must finally be implemented.

Other examples that exist include the Tupiq program, which I hope is implemented in Nunavut as it is currently a federal program serving federal inmates outside of Nunavut. Tupiq could help to reduce recidivism and it is a way for Nunavummiut to re-enter their communities.

I thank Kosta H. Barka, and the article called “Attending to the Needs of Inuit Inmates in Canada: Exploring the Perceptions of Correctional Officers and Nunavut Officials” for this important information.

In conclusion, the Conservative rhetoric on their “tough on crime” approach does not protect victims. Bill C-325 would not ensure justice for victims. As such, I repeat that New Democrats would not support the passage of this bill.

[Kristina Michaud, Bloc, Avignon—La Mitis—Matane—Matapédia, QC]

Madam Speaker, we are debating a really important issue, where every detail counts. I am not really on the same page as my colleague.

Earlier this week, I went and congratulated the member for Charlesbourg—Haute-Saint-Charles for introducing this bill, which I think is important. It was important to address some of the gaps in Bill C‑5, which was deeply flawed. It dealt with two completely different subjects. I will come back to that.

The Bloc Québécois proposed splitting Bill C‑5 in two so that we could address those two things separately. However, that did not happen. Today, we are in a situation where we need to clean up the mess.

As I was saying, I went and congratulated my colleague. I think that is proof that the Conservative Party and the Bloc Québécois can work together on public safety measures. That is what is happening here in any case.

Bill C‑325 is a very short, rather simple and fairly effective bill. As I was saying, it addresses some of the gaps in Bill C‑5. However, in this debate, some may have heard Conservatives say that Bill C‑5 was passed with the support of the Bloc Québécois. I think we need to put things into perspective here and remember the context.

First, let us recall that the purpose of Bill C‑5 was, one, to repeal certain minimum sentences and allow greater use of conditional sentences, and, two, to provide for diversion measures for simple drug possession offences. Those are, as I have said, two completely different things. We proposed splitting it, but that did not happen.

We found ourselves in a slightly awkward situation because, on the one hand, we were very reluctant to support the idea of wiping out certain mandatory minimum sentences, particularly for crimes committed with firearms. Let us not forget that, not that long ago, we were working hard on a bill to improve gun control. It feels a bit contradictory. On the other hand, we were in favour of diversion measures for simple drug possession offences.

We figured that we would amend the bill in committee, and it was my colleague from Rivière-du-Nord who proposed amendments that would have made it possible to keep the minimum sentences while giving judges the discretion to override them. In all of this, we must not forget the judges and their discretionary power. I think that, all things considered, it was a reasonable proposal. Again, it was rejected.

It was at that point that my colleague from Rivière-du-Nord promised that he himself would introduce a bill to correct the situation. I absolutely agree with the member for Charlesbourg—Haute-Saint-Charles, and I think we all agree that for certain crimes, conditional sentences should not be allowed. They should be prohibited in most cases of sexual assault, for example, as well as for crimes committed with firearms.

We know how the lottery works for private members' bills. My colleague was lucky enough to introduce his bill before the Bloc Québécois. Now, if both had been introduced at the same time, or if they had been debated in the House at the same time, we would have seen that they are extremely similar bills, with perhaps one exception.

One singularly important concept in justice, which my Conservative colleagues often tend to forget and which I mentioned earlier, is judicial discretion. At this point, let us remember that even Bill C‑5 allows judges the power to acquit a person, to hand down a sentence to be served in the community or to hand down a sentence to be served in prison. It is not true that the passage of Bill C‑5 means any offender will be able to serve their sentence in the comfort of their living room. That is not true. Judges have the option of a conditional sentence, but if they decide that the person should go to prison, they will sentence the person to prison.

Let us not forget this extremely important element and remember that conditional sentences are not automatic. Among other things, the judge must consider the risk of reoffending and the impact that a sentence served at home would have before rendering a decision. Let us also remember that there are other factors to consider in a trial. The Crown prosecutor can make a deal with the defence for a sentence in the community if they feel the circumstances warrant it. Let us remember that every case is different.

The bill that my colleague from Rivière-du-Nord intends to introduce will mention this particular judicial authority. His initiative arose from the motion unanimously adopted by Quebec's National Assembly in February to condemn the controversial legal provisions arising from Bill C‑5. The text adopted by the National Assembly, which was moved by the justice minister, Simon Jolin-Barrette, accused Ottawa of setting back the fight against sexual violence. I completely agree with the National Assembly's motion.

There has been a lot of criticism of Bill C‑5 since its adoption because men convicted of sexual assault unfortunately take advantage of it, in a rather dishonest way, to try to serve house arrest. If I had the time, I would come back to some cases that were widely reported and that I imagine my colleague relied on to introduce this bill.

Bill C‑325 has three clauses. It is a rather short bill, as I mentioned. First, it seeks to create a new offence for breach of parole conditions for certain serious offences, with a maximum sentence of two years or at least make it an offence punishable on summary conviction. Second, it would require those breaches to be reported to the appropriate authorities. Third, it would amend the Criminal Code to preclude persons convicted of certain offences from serving their sentence in the community.

I will come back to the first point. We are talking about adding a criminal offence for breach parole of conditions for offences listed take in Schedule I and Schedule II of the Corrections and Conditional Release Act. I asked my colleague a question about this earlier.

I have Schedule I in front of me. As I was saying earlier to my colleague, there are offences that may be a little less serious. I do not want to create a hierarchy of offences, but there are some rather serious offences. Examples include commission of offence for terrorist group, using firearm in commission of offence, robbery, prison breach, sexual interference, child pornography, bestiality, incest, and attempt to commit murder. There are others, such as discharging firearm with intent, criminal harassment, aggravated assault, sexual assault with a weapon, hostage taking, procuring and so on. We can see that it is a long list of rather serious offences.

My colleague also referred to Schedule II, which lists mainly drug-related offences. It refers to trafficking, importing, exporting, cultivation, trafficking in controlled drugs, trafficking in restricted drugs, and distribution and possession for the purpose of distributing. This list is not quite as long, but it specifically lists drug-related offences.

The intent behind all this is to tighten the law in cases of breach of conditions or statutory release. Statutory release is almost automatic when an offender has served two-thirds of their sentence. Quite honestly, I agree with the concept, but perhaps less so for Schedule II offences.

As I asked my colleague earlier, would it not be useful to look at Schedule I and Schedule II and see whether any offences could be added or removed? We could certainly add some if necessary. I want to come back to Schedule II because, as I was saying, the Bloc Québécois is in favour of diversion for simple drug possession, so it would be a bit inconsistent on our part to include Schedule II in that.

I am reading a rather interesting book right now on drug use and the famous war on drugs waged by governments. A rather well-known scientist in the United States explained that perhaps we took the wrong approach from the very start. Even though we are investing more and more public funds in this war, drugs are still available, if not more so. Taking the example of the United States, he said the following:

Today, the American taxpayer spends approximately $35 billion each year fighting this war. Yet the drugs in question remain as plentiful, if not more so, than they were in 1981, when the sum total of America’s annual drug-control budget was a mere $1.5 billion. What has changed is that now, each year, tens of thousands of Americans die from drug-related overdoses.

Anyway, it is quite an interesting book. I know this is an emotional issue, particularly for my Conservative colleagues. To sum up, if I could make one suggestion about Bill C‑325 at this point, it might be to see which specific offences are being targeted in clause 1.

I know my colleague thought about the case of Eustachio Gallese. That was one of the first cases I studied when I joined the Standing Committee on Public Safety and National Security in 2020. Mr. Gallese killed a 23-year-old woman while on day parole for the 2004 murder of his wife. He clearly violated his parole conditions by visiting massage parlours for sexual purposes, which was illegal. He also dated women without notifying his parole officer, which was also prohibited.

The Parole Board of Canada acted too late. It revoked Gallese's day parole after the woman had died, when he was already in prison and serving a life sentence.

I see that my time is up. I will come back to this at another time.

[Iqra Khalid, Liberal, Mississauga—Erin Mills, ON]

Madam Speaker, I am here today to speak to the private member's bill, Bill C-325, an act to amend the Criminal Code and the Corrections and Conditional Release Act, on conditions of release and conditional sentences. Let me be clear from the onset. I do not support this bill.

This bill would have significant negative impacts on the criminal justice system, including exacerbating the overincarceration of indigenous people, Black people and members of marginalized communities. This legislation is a backward step toward failed Harper criminal justice policies, which were struck down by the Supreme Court for being unconstitutional. I am proud to have supported the Minister of Justice and our government to reverse these bad policies.

Our approach to criminal justice prioritizes public safety and fairness. We recently introduced Bill C-48, which would reform the bail system to further these same objectives. Bill C-325's goals run contrary to key reforms enacted in former Bill C-5, which aimed to restore judicial discretion to impose fit and proportionate sentences to help address Canada's overincarceration crisis. I was the chair of the justice committee at the time that Bill C-5 was enacted through my committee.

We heard from so many witnesses about the impacts and the importance of judges not only having the discretion of how sentences are imposed, but also having the learning and the awareness of what Canada is, what it looks like and how the diversity of Canada is impacted with our judicial system. That includes ensuring that there is a gender-based analysis plus. That includes ensuring that judges understand and appreciate the lived experiences of people as they are going through the criminal justice system. That gives judges the right and the privilege, appropriately, to ensure that they are providing the right sentences to the people who are going through that system, sentences that are based on rehabilitation, not punishment. That rehabilitation is key.

The numbers really speak for themselves. In 2021-22, indigenous adults accounted for 31% of admissions to provincial and territorial custody, and 33% of admissions to federal custody, while representing only 4.3% of the Canadian adult population. Black adults accounted for 9% of the federal offender population, while representing just 4% of the Canadian adult population. Black and indigenous women are particularly overrepresented, together representing 60% of the federal female offender population.

The overrepresentation of these groups in the Canadian penal system is absolutely unacceptable. It has gone on for way too long. On this side of the House, we believe in the expertise of our judges. Our criminal justice system works better when judges can tailor punishments to suit the crimes and not when Ottawa creates overly broad policies that force judges to rule against their best judgment and their evidence. Bill C-325 would revert elements of our system back to failed Harper-era policies that clogged our prisons, wasted our resources and increased recidivism. This is dangerous, and it cannot pass.

The Conservatives' approach to public safety is one dimensional, unfortunately. They prey on fear to gain support for policies that would unduly lock more people in prison while voting against programs that address the root causes of those crimes. This is a recipe for more crime, not less.

Bill C-325 would endanger communities. I am not sure why the Conservatives think they know better than judges to evaluate public policy risks, public safety risks, but judges know best as they go through each individual crime. Conditional sentences can save lives and rescue families from division and despair. Criminal justice is not a one-size-fits-all exercise.

However, shortsightedness and fearmongering is the Conservative way. Take their opioid crisis strategy, for example. They would prefer to do away with evidence-based policies that target prevention, enforcement, treatment and harm reduction. They would prefer to build new prisons rather than solve the problem. Liberal policies have saved 46,000 people from overdose since 2017. The opioid epidemic is a health crisis, and it must be treated as one.

Restoring restrictions on the ability of judges to issue conditional sentences in appropriate situations would be a step backwards. We know that policies like Bill C-325 produce negative, disproportionate impacts on indigenous people, Black people and marginalized offenders. We refuse to undo the good work of former Bill C-5, which fights this overrepresentation and creates a fairer Canada. Allowing judges greater flexibility to order conditional sentences does not create a risk to public safety, because the current framework requires sentencing courts to ensure that the sentence would not endanger public safety and that it would be consistent with the purpose and the principles of the sentencing.

When former Bill C-5 was studied before the House of Commons Standing Committee on Justice and Human Rights, the Canadian Bar Association lauded the removal of restrictions on conditional sentences as “one of the most important reforms in the criminal law over the last decade.”

It is important to understand that giving judges greater flexibility in their ability to impose conditional sentences does not mean that all offenders will receive them. Individuals who pose a risk to public safety will continue to serve their sentence of imprisonment in jail. Serious crimes will have serious consequences.

Removing these restrictions on judges allows them to issue sentences to lower-risk offenders that not only aim to punish and denounce their conduct, but also focus on rehabilitation within the community. Evidence suggests this approach reduces future criminality.

Further, these proposed reforms are contrary to the government's commitment to fully implement the calls to action made by the Truth and Reconciliation Commission, including call to action 30 to eliminate the overrepresentation of indigenous people in custody over the next decade and call to action 32, which speaks to removing restrictions on the availability of conditional sentences.

I realize I am out of time. I will say again that judges need to have the discretion to give better sentences towards the aim of rehabilitation. That is why I cannot support this bill.

[Pierre Paul-Hus, Conservative, Charlesbourg—Haute-Saint-Charles, QC]

moved that Bill C-325, An Act to amend the Criminal Code and the Corrections and conditional Release Act (conditions of release and conditional sentences), be read the second time and referred to a committee.

Madam Speaker, I am proud to be here today to speak to my bill, which I think is very important.

Bill C-325 is important because I know that many members of the House of Commons realize that we need to do something to address the violence in our once peaceful streets and communities. As parliamentarians, we work for the public and, of course, our role is to pass laws that seek to improve the quality of life of our constituents.

I am sure that when he introduced Bill C-5, the Prime Minister was trying to do the right thing. I sincerely believe that his heart was in the right place, but we should all now realize that we need to backtrack. This country belongs to all of us. We are not only responsible for maintaining the quality of life it offers us, but we also have a solemn duty to protect it from those who flout our laws.

Canada used to have an international reputation for being extraordinarily beautiful and safe. Shootings in broad daylight used to be an other-country problem, but now, gangs are trying to establish themselves all over the country. They know that laws like Bill C‑5, which the House passed, make their criminal activity easier.

We are all politicians, but I am convinced that, when it comes to Canadians' safety and matters of life and death, order and chaos, justice and injustice, we all have the same point of view. All members of the House agree that violent criminals deserve tough sentences. All violence against women, children or any other person must be severely punished.

The Prime Minister has 24-hour security. Everywhere he goes, he is surrounded by highly trained security guards. When he goes to bed at night, they stand guard in front of his house. The Prime Minister is probably the safest Canadian there is and, as Prime Minister, he understands the importance of security. He too must see that it is time to restore order in our society for the good of Canadians.

My Bill C‑325 has two objectives.

Under the first part of this bill, violent criminals would not have the option to serve their sentences in the community. It is unthinkable that a violent criminal would have the luxury of serving his sentence in the comfort of his home while watching Netflix, but that is exactly what is happening in Quebec and across Canada.

The case of Jonathan Gravel is a good example. He received a 20-month sentence for sexually assaulting his former girlfriend, and the court allowed him to serve his sentence in the community. It is supposed to be a 20-month sentence, but he will actually serve 14 months.

As MPs, we all have a responsibility to do what we can to keep Canadians safe. I do not know any woman who finds it funny that our courts grant violent criminals the right to serve their sentences at home. As we know, judges enforce the laws that are passed here in the House.

Surely members have noticed that more and more notorious sex offenders are serving their sentences in the comfort of their homes while their victims are still psychologically traumatized and fearful of meeting their abuser on the way to work or at the end of an aisle at the grocery store.

That is one of the reasons I am asking all members of the House to support Bill C‑325. Victims deserve justice; they deserve to see violent criminals put behind bars. Serving a sentence at home with access to Netflix or Disney+ is not the best route to rehabilitation, nor does it create the conditions necessary for serious reflection.

The second part of my bill would create a Criminal Code offence for violent offenders who breach their parole conditions. It would also require probation officers to report these breaches, which is not currently the case. This provision would reduce recidivism among violent criminals.

We all remember Marylène Levesque, who was murdered by a killer who violated his parole conditions with impunity. Bill C‑325 would have put Marylène Levesque's killer behind bars immediately, and a life would have been saved.

Then there is the case of Myles Sanderson, the murderer responsible for the knife attacks in Saskatchewan last September. Despite being charged with 59 crimes, many of them violent, he was released and did not hesitate to violate his release conditions because he knew there would be no consequences. As a result, 10 people were murdered. He should not have been released, but the current law made it impossible to detain him, instead of ensuring the safety of those who became his victims.

If members believe that victims and crime prevention should come first, and that our justice system should not allow violent offenders to serve their sentences at home, then I implore them to support Bill C-325 at second reading, as several organizations do.

The president of the Canadian Police Association, the Fraternité des policiers et policières de Montréal, the founder of Montreal's Maison des guerrières, the Fédération des maisons d'hébergement pour femmes du Québec, the Murdered or Missing Persons' Families Association and Communauté de citoyens and citoyennes en action contre les crimes violents, among others, have expressed their support for Bill C‑325. They all support Bill C‑325

Earlier this year, REAL Women of Canada insisted that it is time to reconsider the 1995 Criminal Code reforms on sentencing given their failure to address the high rates of recidivism among indigenous offenders and the ongoing threats to our families and to the communities in which violent offenders are released on parole with alarming regularity.

This is what the organization said:

In the spirit of reforming Criminal Code sentencing and offender rehabilitation, REAL Women of Canada welcome the introduction on March 10, 2023...of Bill C‑325, a private member's bill...

Bill C‑325 provides a much needed opportunity for changing the way in which we protect our families and communities while also furthering the safe re-integration of offenders into society, which is ultimately the best way to protect our families and communities. A full and frank discussion on Bill C-325 provides the potential for much needed reforms and greater public awareness of the issues involved.

REAL Women of Canada looks forward to making submissions to the committee once Bill C‑325 passes second reading and proceeding to a more thorough examination of the recent shortfalls of the Parole Board of Canada to properly carry out its mandate under the Corrections and Conditional Release Act. This includes parole as well as the failure of the justice system to properly protect society from dangerous offenders.

This examination should also take into account the impact of the proposed amendments in Bill C‑325 on the existing statutory requirements under the Criminal Code and the Corrections and Conditional Release Act.

What is more, the president of the Canadian Police Association, Tom Stamatakis, said the following, and I quote:

The need to effectively target repeat violent offenders is significant because, as front-line law enforcement officers know all too well, a defining reality of our justice system is that a disproportionately small number of offenders are responsible for a disproportionately large number of offences. The Canadian Police Association has long advocated for statutory consequences for offenders who commit new offences while on conditional release, and this proposed legislation is a common-sense solution that effectively targets those very specific offenders.

The Fraternité des policiers et policières de Montréal stated the following, and I quote:

We welcome this bill which would strengthen public protection against violent repeat offenders and prevent dangerous offenders from serving their sentences in the community. The Montreal Police Brotherhood believes the justice system must prioritize the safety of law-abiding citizens and this bill is clearly aimed at that goal.

I will close by saying that making Canadian streets and communities safe again should not be done through a partisan process, but a common-sense one.

I hope that all members of the House will support Bill C‑325.

[Pierre Paul-Hus, Conservative, Charlesbourg—Haute-Saint-Charles, QC]

Mr. Speaker, traditionally, members' statements are used for non-partisan purposes. I assure the House that today, my statement will uphold that tradition.

When the government adopted Bill C‑5, I am sure that those who supported it meant well. We now see, however, that we need to go back to the drawing board.

We all agree that violent criminals deserve harsh sentences. Any form of violence against women, children or any other person needs to be taken seriously.

It is possible that some people saw Bill C‑5 as a way to modernize the Criminal Code, but in fact its application has been quite the opposite. That is why I am introducing Bill C‑325.

This bill has two objectives. First, it will ensure that violent criminals have no chance of serving their sentence at home. Second, my bill seeks to create an offence for violent criminals who breach their parole conditions. There are currently no consequences for breaching conditions. Everyone agrees that this is wrong.

We all have people in our lives who are dear to us. As elected members, we must ensure that they are protected. Let us support Bill C‑325.

[Pierre Paul-Hus, Conservative, Charlesbourg—Haute-Saint-Charles, QC]

Mr. Speaker, I rise today to talk about Bill C-21, which was tabled by the Liberal government in May 2022. When Bill C‑21 was tabled, the Prime Minister stated that its purpose was to stop gun crime before it starts. Canadians now realize that the purpose of the bill was never to improve public safety, and the proof is in the details.

Since the Prime Minister came to power, his party has said one thing and done another. Violent crime is on the rise, street gangs do not fear law enforcement due to the Liberals' revolving-door justice system, and Canadians have reason to be afraid.

The Conservatives never supported this bill because we knew that it was more about Liberal ideology than the safety of Canadians. We knew that it was about confiscating the property of hunters and law-abiding Canadians, because it is not the first time the Liberals have tried to do that. With Bill C‑21, the Liberals also added amendments without allowing for debate in the House. It was not until Carey Price spoke out against them publicly that the Liberals cancelled their decision.

It is now clear that they did not learn anything from that public humiliation, because they are proposing to create an advisory committee that will do their dirty work for them. At the end of that exercise, hunters, sport shooters and law-abiding Canadians will have their property confiscated by this government. Step by step, amendment by amendment, the Liberals will achieve their end goal, and that is why they must be voted out.

The “red flag” measure in the bill has been rejected by law enforcement and victims' groups like PolyRemembers. This just makes the stench of Liberal hypocrisy even more blatant.

The government always does the same thing. It claims to have solutions and solemnly promises that it will fix everything, but, as we can see from Bill C‑21, it does the opposite. Regulating people whose weapons are already very well regulated will do nothing to improve public safety.

The “red flag” measure is also being implemented. It is a rule that could potentially have been useful. I thought that the “red flag” measure would apply to cases where a gun owner who has mental health problems is reported, for example. The problem is that, the way the measure was designed, it is the victims who bear the burden of proof.

This week, we mark Victims and Survivors of Crime Week. We should think about the victims a bit more often. Victims bear the burden of filing a complaint with the court. That makes no sense. It has been denounced by groups like PolyRemembers and many other victims' groups, as well as by the police. Initially, doctors' groups supported the idea but, after taking a closer look, they ultimately said that it made no sense.

I was at committee when the vote took place. The Bloc Québécois agreed with us on it. We listened to the same presentations from victims' groups. The Conservatives and the Bloc members voted against the “red flag” amendment. We do not know why the Liberals dug in their heels, with the support of their NDP buddies.

When discussing public safety, we should always put victims and potential victims first. What we understand from the philosophy behind Bill C‑21 is that law-abiding citizens are being controlled and victims are not even being listened to, even though they are the main people involved. I look at it from every angle, but I still cannot understand.

Why is the government, with the support of the NDP, still taking a path that defies all logic? Who is it trying to please and, above all, to what end?

Ultimately, what we all want, or should want, is to protect public safety and Canadians. Think about what has been done in recent years. Think about the rules that were put in place under Bill C-5, which was implemented last fall. It is a disaster. Even our friends in the Bloc said that they should not have supported the Liberal government with that bill and that changes needed to be made.

Bill C‑75 was passed a few years ago. At the time, the Conservatives once again pointed out that the legislation was shoddy, particularly with respect to bail. Today, the government sees that it did a bad job drafting the legislation and that it is no good.

Every time, the government accuses the Conservatives of wanting to be hard on criminals.

Meanwhile, it develops and passes legislation that gives criminals a lot of latitude. Ultimately, criminals make a mockery of the justice system—and again, the victims pay the price. The victims do not understand.

As proof, since the government took power in 2015 and implemented all these changes, there has been a 32% increase in violent crimes. That is quite clear.

We can see the signs. Criminals are not afraid. Criminals are making a mockery of the justice system. They are making a mockery of law enforcement. Unfortunately, the police must enforce the law and the courts must apply the law as it is passed here in the House. Their hands are tied. Criminals see that and scoff at the whole thing.

A few weeks ago, I introduced Bill C-325, which will be debated when we return in two weeks. My bill addresses three things. The first is conditional release. I recently learned that some prisoners accused of serious and violent crimes, drug trafficking crimes or other crimes who are granted conditional release face no consequences when they fail to comply with the conditions. The police arrive, they see a criminal who is not complying with their conditions and all they can do is submit a report to the parole officer. I learned that, in 2014, one of our former colleagues had introduced a private member’s bill to address that. Unfortunately an election was called. My bill seeks to change the law to bring in consequences for breaching conditions of release.

The second element of my bill provides that parole officers must report to authorities when one of their “clients” is not complying with their conditions. In such cases, the parole officer must report to the police so there can be an arrest. We are talking about violent offenders.

The third element of my bill seeks to correct the problem that was created by Bill C-5, namely allowing violent criminals to serve a sentence in the community, watching Netflix at home. People saw what happened last fall. This makes no sense. It does not work. One of the components of Bill C-325 amends the Criminal Code to put an end to these situations that show the public how criminals are laughing at the justice system. That is not how we should be living in Canada. I will discuss my bill in greater detail in two weeks.

I will come back to Bill C-21. Me, I am a gun owner. When the Liberals accused us of being in the pay of the gun lobby, I felt personally targeted, since I am a gun owner myself. I have my licences. I have everything required. I am not a criminal. I passed my tests. Moreover, Quebec has the Act to protect persons with regard to activities involving firearms, the former Bill 9, which contains additional measures to ensure compliance. Membership in a gun club is mandatory. People must go there to shoot at least once a year to abide by the law in Quebec.

Therefore, when we look at all the rules in place that people must obey, I do not see why we should suddenly feel like criminals. Bill C‑21 is directly aimed at people like me. I began shooting at the age of 17 in the Canadian Armed Forces. I have always obeyed the law. I have always done what I was asked to do. Daily checks are conducted in the RCMP system to ensure that law-abiding people with registered licences obey the law. That is what is done.

Why am I now being targeted by people saying I am a criminal and in the pay of lobbies when I have my licences and obey the law?

[Pierre Paul-Hus, Conservative, Charlesbourg—Haute-Saint-Charles, QC]

Thank you, Mr. Chair.

I believe the Conservative Party does some quite meaningful work. We put forward amendments that are designed to make things better. I am not a permanent member of the committee, and what I find most fascinating is that we seem to forget the victims' groups themselves have made it clear that there are issues with the “red flag” regime. So I don't see why the government won't budge and is fighting what we're proposing. I should point out that Ms. Rathjen, the spokesperson for PolyRemembers, has clearly stated that the regime doesn't work. Louise Riendeau of the Regroupement des maisons pour femmes victimes de violence conjugale said the same thing, and others have too.

We're trying to see if we can make some changes. The amendments seek to change things that even the victims say don't work. The Conservatives are there to defend the victims. So it's strange that we have to fight the Liberal government. It's often portrayed like it's the other way around. Anyway, we're proposing amendments based on what we heard from victims' groups. I am sponsoring Bill C‑325 and I'm currently meeting with some of those groups. Their representatives constantly tell me that the burden is always on the victims, and that's what we're trying to avoid. That's why we want to remove the “red flag” measure, because it doesn't work.

To answer my colleague from the NDP, I'd say that we're not wasting our time here. This is fundamental. Victims are the primary people affected by this bill, but what they've told us is being dismissed. So we're working on proposing amendments to improve things, but we don't seem to be getting much receptivity here.

Financial Statement of Minister of Finance

[Pierre Paul-Hus, Conservative, Charlesbourg—Haute-Saint-Charles, QC]

Madam Speaker, I am pleased to rise in the House today to speak to the reckless budget brought down by the Liberals and supported unreservedly and unsurprisingly by the NDP.

In fact, the budget is truly a product of the office of the Leader of the NDP. I think it is fair to say that people underestimate him. Canadians now know that he is the one truly responsible for the government's budgetary decisions. We might even call him the right hon. member for Burnaby South.

It has to be a bit embarrassing for the Liberal members to sit in the House day after day and see their party being completely controlled by the NDP leader. They should not be surprised because since 2015, the Prime Minister and his ministers have demonstrated through their behaviour that their level of incompetence should have served as a warning.

For example, in 2013, the Prime Minister told anyone who would listen that he was not worried about budgets because, as he explained, budgets balance themselves. We know how that turned out.

After such a comment, we might have expected that many Liberal candidates would be reluctant to run under his leadership. No, on the contrary, they all took the same stance and eagerly repeated whatever he said.

That was certainly not the first time that the Prime Minister made odd and dangerous comments, but, for Canadians, that was certainly the most memorable one.

Some believed that although the Prime Minister was incompetent and did not have the experience required to steer the ship, at least he was surrounded by ministers and wise advisers who could tell him how to be sensible and would control his impulses. This hope quickly evaporated when his Minister of Finance increased our country's national debt to unprecedented levels. Yes, the Minister of Finance defended the federal government's record deficit of more than $381 billion arguing it was affordable, given the low interest rates.

I would like to say more about that, but I want to speak about what would be important to address in a budget, and that is my Bill C-325, which I recently introduced.

Bill C-325 would strengthen the conditional release system by creating a new offence for the breach of conditions, requiring parole officers to report breaches of conditions and restoring the former version of section 742.1 of the Criminal Code, which was repealed in 2022 by the Prime Minister's Bill C‑5.

The government's Bill C-5, which has passed, allows criminals convicted of aggravated sexual assault, for example, to serve their sentences in the community. I hope that this monumental error will be corrected, and that the Bloc Québécois and NDP members will support my bill.

These violent criminals should not be serving their sentences at home watching Netflix. They should be behind bars. The Bloc Québécois did support Bill C-5. They voted in favour of it, but after seeing what happened next, they realized that there were problems. Consider the case of Jonathan Gravel, a 42-year-old man who managed to avoid prison after committing a violent sexual assault. The Bloc Québécois now realizes that this needs to be reversed, because it just does not work.

Even a Crown prosecutor in Quebec, Alexis Dinelle, slammed the government for reopening the door to sentences served in the community for this type of crime. He said, and I quote, “Right now, [the Prime Minister] and [the Minister of Justice] probably have some explaining to do to victims of sexual assault. I cannot stay silent in the face of this regressive situation”.

What this federal law does is give men who have been convicted of aggravated sexual assault the possibility of serving their sentences at home. For example, according to La Presse, Sobhi Akra wants to be able to serve his sentence from home after pleading guilty to sexually assaulting eight women. That is outrageous.

My bill also proposes to create an offence for breach of conditions of conditional release by criminals who have been convicted of crimes such as sexual assault, murder or assaulting children, for example, and who fail to meet their parole conditions when they are on parole. Right now, it is not an offence for such criminals to violate the conditions of their parole.

For example, I am sure everyone remembers Eustachio Gallese, who murdered Marylène Levesque three years ago. One of his parole conditions involved being treated by a psychologist. However, he was not reincarcerated when the Parole Board learned that he was seeing prostitutes and violating the conditions of his parole. His release was not revoked and nowhere in his record does it indicate that he was failing to meet his parole conditions.

With my bill, people like Eustachio Gallese, who are out on parole, will no longer be able to make a mockery of our justice system and will have to take the conditions of their parole seriously. It will help save the lives of people like Marylène Levesque.

As we know, the main role of parliamentarians is to ensure the highest level of public safety for Canadians. We must correct the monumental error in the law stemming from Bill C‑5 and strengthen management of the parole system.

Let us get back to the budget.

Canada's finances and public funds are not toys for the Prime Minister and his rich friends to play with. Canadians have worked too hard and sacrificed too much to allow these people to destroy the quality of life of our future generations.

We know that the Minister of Finance studied at Harvard. We also know that this university does not teach these kinds of financial strategies to its students. Like the Prime Minister, the Minister of Finance clearly missed a lot of classes at university.

When the budget was tabled by the government, we heard different reactions. One came from Mario Dumont, a well-known commentator and former Quebec politician who hosts several shows in Quebec, on TVA. This was his initial reaction upon seeing the budget:

What is most shocking is that, during those months when the Canadian public service was growing by leaps and bounds, service delivery was the least efficient it had ever been. Need I remind anyone of the passport crisis? ...When you read the Parliamentary Budget Officer's report and compare it to what is happening on the ground, one conclusion is obvious. Canada is bloody badly managed. A private company that is so poorly managed would be sent to the slaughterhouse.

From what we can see, the Prime Minister and the Minister of Finance have no idea what sound financial practices are, and, with the support of the NDP leader, they are dragging this country into financial chaos. While the Prime Minister is destroying the country's finances, Liberal members on the other side of the House are sitting back and watching our children's future slip away. That is the Liberal legacy under this Prime Minister: a total failure to manage our country's finances that puts Canada's future in a very precarious position.

Our legacy will be to clean up this mess and restore sound fiscal policies for the good of our citizens, because when we talk about the future, we are talking about our children and grandchildren. We may tell ourselves that everything is fine right now, but when we look at the interest on the current debt, when we do the projections and calculations, we can see that we are talking about $21 billion in additional interest payments. It is not hard to see that this will become unsustainable over the next few years and the funds available for government operations will be subject to that interest. That means there will be less money and we cannot just keep borrowing, which will only make things worse.

That is why we on this side of the House will always seek to work in a reasonable way in order to maximize the public purse and strike a balance to ensure we do not end up in a situation where our grandchildren will pay the price later on.

Justice

[Pierre Paul-Hus, Conservative, Charlesbourg—Haute-Saint-Charles, QC]

Mr. Speaker, what the Minister of Justice just said was preposterous. Before the holidays, as soon as Bill C‑5 passed, Jonathan Gravel, a man who had violently sexually assaulted a woman, was given a 20-month sentence that he could serve at home, while watching Netflix, rather than going to prison. If not for Bill C-5, that guy would be behind bars.

I just introduced Bill C-325, which would correct those kinds of appalling situations. These cases are really shocking. Will the Minister of Justice try to understand that and agree to support my bill?

[Pierre Paul-Hus, Conservative, Charlesbourg—Haute-Saint-Charles, QC]

Mr. Speaker, Tuesday, in Calgary, a teenage girl was shot while sitting in a car. No one knows why. The night before in Louiseville, Sergeant Maureen Breau was killed in the line of duty. Violence in on the rise everywhere in Canada. In order to deal with this issue, the Prime Minister passed Bill C‑5, which allows violent criminals to serve their sentence from the comfort of their own home and in the communities where they committed their crimes.

I introduced Bill C‑325 to correct the monumental error that is Bill C‑5. Will the Prime Minister and his caucus support it?

Criminal Code

[Pierre Paul-Hus, Conservative, Charlesbourg—Haute-Saint-Charles, QC]

moved for leave to introduce Bill C‑325, An Act to amend the Criminal Code and the Corrections and Conditional Release Act (conditions of release and conditional sentences).

Madam Speaker, MPs have the great privilege to introduce legislation, and I am using mine today. In my political career, I have had many opportunities to question the government about measures needed to deal with violent criminals. I am trying to achieve three things by tabling this bill.

First, the bill would create a new offence for the breach of conditions of conditional release imposed in relation to certain serious offences.

Second, the bill would require the reporting of those breaches to the appropriate authorities.

Third, the bill would amend the Criminal Code to preclude persons convicted of certain offences from serving their sentence in the community.

We are talking here about protecting the public. Bill C‑5, which was passed this fall, has had a dramatic impact. For example, men convicted of serious sexual assault are using it to get house arrest. My role as an MP is to work for Canadians and Quebeckers and take actions that will allow us to live in a safe country.

That is why I am so proud to respond to the motion adopted by the National Assembly of Quebec on February 15 calling for aggravated sexual assault and other sexual assault offences to be ineligible for community sentences.

I hope that my bill will transcend party lines, that the Bloc Québécois will support it without hesitation, and that we shed our political stripes and convictions to focus on one goal: the safety of our constituents.

(Motions deemed adopted, bill read the first time and printed)