Bill C-392

An Act to amend the Criminal Code to address the Supreme Court of Canada decision in R. v. Jordan

This enactment amends the Criminal Code to codify the analytical framework the Supreme Court of Canada set out in its decision in R. v. Jordan regarding the right of an accused awaiting trial before a superior or provincial court to be tried within a reasonable time, and to provide for exceptions to this framework.

Opposition Motion—Repeal of Bill C-5

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

Madam Speaker, I cannot add anything to what I have already said. The Supreme Court ruled on it. We found an alternative that was acceptable to the Supreme Court. The Conservatives, the Liberals and the New Democrats all voted against it. I do not understand what we are doing here today.

I will take this opportunity to add that, instead of mandatory minimums, the Bloc Québécois is proposing in Bill C-420 that an organized crime registry be created. We think we should hit organized crime groups in their wallets by reversing the burden of proof so that the assets of criminals are seized when they are charged.

We are also proposing Bill C-392, which seeks to codify the Jordan decision by providing for an exception to the reasonable time limit established by the Supreme Court. These are new meaningful measures that would help tackle crime instead of turning back the clock and recreating a situation that makes no sense. The Supreme Court has already said as much.

[Andréanne Larouche, Bloc, Shefford, QC]

Many victims and survivors have spoken about it here, including Cait Alexander, who follows the work on Bill C-392 very closely. The fact that the administration of justice falls under the jurisdiction of Quebec and the provinces has been brought up, but I would like to discuss an issue that falls under federal jurisdiction, namely the appointment of certain federal judges.

Why do you think it's important for the federal government to set an example and not let the appointment of certain federal judges drag on, when we're talking about reducing court delays, improving the system and restoring victims' confidence?

Since you both talked about the Jordan decision and court delays, Mr. Roebuck and Ms. Harris, I'll give you the minute and a half I have left to answer that question.

[Andréanne Larouche, Bloc, Shefford, QC]

Ms. Harris, have you heard about Bill C-392? Why is it important to pass a bill that addresses the use of the Jordan decision to get a stay of proceedings?

[Cait Alexander, Founder, End Violence Everywhere]

Thank you for inviting me back to the committee.

I hope you can recall the photos I shared with the committee on July 31, 2024, which was the anniversary of my attempted murder. They captured four hours of torture at the hands of my ex-boyfriend, who still remains an alleged abuser. He was charged eight times, but his charter rights superseded mine. He is free without consequence.

I am a survivor of intimate partner violence and a victim of the Canadian injustice system. My ex was not successful in killing me, but this country kills justice, and it kills safety.

This is the remainder of my speech, which was not heard in the summer. It is a non-exhaustive list of solutions provided by survivors, lawyers and professionals in other industries.

Declare IPV, SA and femicide a national state of emergency. With increases of 68%, 75% and 27% respectively, this is very fair.

Legislate and define the term “femicide” in the Criminal Code.

Include men and male-identifying persons in ending male violence against women.

Lawyers should be made available for victims pro bono before they report to the police, as we have an institutional culture of victim-blaming.

Immediately hire more trauma-informed judges and court staff with mandatory, in-person training and updates about new legislation.

Have police available at all times to take statements from an IPV or SA victim.

Hold violent offenders in custody until trial or on house arrest with ankle bracelets. There should be a zero-tolerance policy for any abuser who breaks bail conditions, and he should immediately be held in custody.

Create a registered IPV offender list. We have one for SA, and we desperately need one for IPV, starting at 16 years of age. Publicize this list on a website to protect women and girls.

Name offenders publicly immediately. Femicide is not a private issue.

Never use restraining orders, undertakings or peace bonds in egregious crimes that involve deadly force. They are not a solution.

Bail must be increased and scaled to the income of the abuser. Actually enforce bail conditions. Any surety must pay the amount up front and forfeit it if the perpetrator commits another offence. This money should then go back into a fund to directly support survivors.

Abusers who put meritless claims in the legal system should face severe penalties and criminal charges, including penalties for perjury.

Have absolutely zero discrimination against sexual orientation, length of relationship, race or any other form of discrimination against victims. Abuse is abuse.

All abusers who are convicted of any type of SA or IPV must complete in-person abuser programs, regardless of the intensity of the crime.

Amend section 11(b) of the Charter of Rights, perhaps with Bill C-392. There should be no time limit or stay permitted with human-on-human crimes.

Reformative justice is never to be utilized without the survivor's consent.

Re-educate victim services, as, in its current state, it is retraumatizing and not safe.

Do not revoke gun laws that protect victims and survivors.

Survivors' privacy should be protected from abuse. There should be no NDAs or subpoenas of personal information. This is in section 278 of the Criminal Code.

Provide criminal trials within a 90-day period. There must be no more waiting years and years on end.

It should be mandatory that every province and territory has a cabinet office dedicated to IPV, SA and femicide.

Funding should be available to support survivors in transition out of abusive environments with CPAs and other financial advisers.

Victims should not have to pay for their own transcripts online.

Restorative justice should still allow for a victim impact statement.

Abusive fathers should never, ever have access to children.

Make the punishment so severe that abusers will think twice, and when they proceed to abuse, actually follow through on condemning them to life sentences. Stop condemning the survivors.

Act urgently. We continue to lose innocent women every single day. Honestly, we really need your help.

Provincially, the NDP has been very vocal in supporting survivors. Federally, the Conservatives predominantly support us, save for a few non-partisan leaders who are actually putting people over politics. This clearly means that the harrowing issues survivors and victims face are being listened to not by the current governments, but only by the opposition parties. It also means that these issues are very explicitly non-partisan issues, so stop politicizing our fundamental human rights.

We need to stand together, especially as women and especially the people in this room. It costs Canada over $8 billion a year to deal with the aftermath of IPV alone. We could be preventing it with those funds. Prevention is worth more than the cure, and prevention is the only cure for femicide.

Brkti Berhe was stabbed to death on Thursday in front of her children right here in Ottawa. It cost her everything. The cost for her children is immeasurable.

This is the status of women committee, and the status of women in Canada is terrible. Stop kidding yourselves. Stop lying. Stop pretending. This type of behaviour is exactly what abusers use.

The hardest part is knowing that no amount of awareness, law or funding can bring back those who should have been survivors instead of victims. I cannot stand to lose another human being needlessly, based on bad policy.

Supporting survivors supports the community, but please do not mistake our kindness for weakness. We are not going away. The more you turn survivors away, the more we will band together. The more you try to silence us, the louder we will become. The more you ignore us the more visible we will be.

Will you stand on the right side of history?

The Criminal Code

[Denis Trudel, Bloc, Longueuil—Saint-Hubert, QC]

moved for leave to introduce BillC‑392, an act to amend the Criminal Code to address the Supreme Court of Canada decision in R. v. Jordan.

Mr. Speaker, I am very proud to table this bill today. It closes a loophole in our justice systems, ensuring that the principle of access to justice is followed for violent and serious crimes. It will also help restore public trust in the justice system.

The Bloc Québécois's bill seeks to provide a framework for the use of the Jordan decision by amending the Criminal Code so that the decision cannot be invoked for primary designated offences under section 487.04 of the Criminal Code. These offences are serious crimes that include sexual assault, murder, aggravated assault, kidnapping and torture.

In Quebec alone, 148 stays of proceedings on the ground of unreasonable delay have been granted by judges at the request of the defence since 2021. Our bill will serve as a guardrail against the government's slow pace in appointing judges, which lengthens court delays.

There are currently 57 judicial vacancies in Canada. If the government were to appoint judges as requested by all chief justices of the various courts, we would not need to use this bill.

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