Bill C-48

An Act to amend the Criminal Code (bail reform)

This enactment amends the Criminal Code to, among other things,
(a) create a reverse onus provision for any person charged with a serious offence involving violence and the use of a weapon who has been convicted, within the last five years, of a serious offence involving violence and the use of a weapon;
(b) add certain firearms offences to the existing reverse onus provisions;
(c) expand the reverse onus provision for offences involving intimate partner violence to ensure that it applies to an accused person who has been previously discharged for such an offence;
(d) require the court to consider if an accused person has any previous convictions involving violence and to include in the record a statement that the safety and security of the community was considered; and
(e) require the court to include in the record a statement setting out how the court determined whether the accused is Aboriginal or belongs to a vulnerable population and, if so, how the particular circumstances of the accused were considered.
This enactment also makes further clarifications and provides for a parliamentary review of the provisions it enacts or amends to commence on the fifth anniversary of the day on which it receives royal assent, or as soon as feasible after that anniversary.

Criminal Code

[Arif Virani, Liberal, Minister of Justice and Attorney General of Canada]

Mr. Speaker, I thank the member for her contributions in this chamber in advancing public safety. I appreciate that she is committed to public safety.

The member comes from Manitoba. Manitoba justice minister Kelvin Goertzen has himself said that the bill appears to be “hitting on a lot of the themes that ministers were concerned about” at the recent federal-provincial-territorial meeting. The justice minister in her home province is aligned with the sentiments she just expressed. The leader of His Majesty's loyal opposition said this summer, literally one month ago today, that he is ready to get this bill passed by midnight as soon as Parliament is back.

My question to the member is simple. Parliament is back. We are ready to sit until midnight. Are the Conservatives going to support us in getting this bill to the Senate?

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

Mr. Speaker, even if the Liberals give us an inch when we need miles of reform on public safety, it is very important that we move forward with the small pittance they are providing us in this bill.

However, Bill C-48 is not bail reform, which is what premiers, police forces, provincial justice ministers and civic leaders are all asking for. They are not asking for tweaks on the margins; they are asking for broad bail reform. What the Liberals are proposing today is not that.

I will draw the minister's attention to the fact that there has been a consistent Liberal government theme over the last number of years of going soft on criminals. It is not just Bill C-75 that made it easy to get bail. Bill C-5 removed mandatory minimums for violent gun offences and permitted more house arrest for rapists. Bill C-83 allowed mass murderers, like Paul Bernardo, to be transferred to medium-security prisons.

This is a theme, a perspective that the Liberals bring to the table, which has resulted in more violent crime, and that will not be solved by a measly seven-page bill, Bill C-48.

[Andréanne Larouche, Bloc, Shefford, QC]

Mr. Speaker, I want to ask my colleague about an interesting aspect of the bill that warrants further study. It is also a request from women's groups who have been thinking about a specific issue.

The bill reads in part:

expand the reverse onus provision for offences involving intimate partner violence to ensure that it applies to an accused person who has been previously discharged for such an offence;

This has been debated a lot in Quebec. There was a report entitled “Rebâtir la confiance” about rebuilding trust in the justice system.

Given this mention of intimate partner violence, would this bill not be a good way to send victims of domestic violence a message that we care about the issues they are facing? Would that not be an important first step?

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

Mr. Speaker, aspects of the bill need to be studied to ensure they are effective. Anything regarding violence against women should be paid special attention. As I have said, since the Liberals formed government eight years ago, sexual assault is up 71%.

I would kindly remind the Bloc Québécois that it supported Bill C-5, which passed in the fall under the former justice minister. It removed mandatory prison time for a number of dangerous gun offences. It also facilitated more house arrest for rapists.

In Quebec alone, there have been five cases where convicted rapists have not served one day in prison. Instead, they are serving house arrest. They get to be in the comfort of their homes after violating women in the most horrific way. The Bloc Québécois supported that.

The Quebec national assembly has called on the House to review that and undo the harm. We are the only party that did not support Bill C-5. Does the Bloc Québécois regret its decision to support it?

[Randall Garrison, NDP, Esquimalt—Saanich—Sooke, BC]

Mr. Speaker, I am a bit perplexed by the member for Kildonan—St. Paul's speech. We have a bill before us today that has had broad support from premiers who demanded action. I think it has had broad support from all political parties, with the the leader of the member's party saying that he was prepared to pass it on the first day of this sitting.

In her speech, we heard some things get mixed up, things that had nothing to do with bail reform and had to do with other parts of the justice system. We have a disparaging of this bill, which has broad support from police and other members in the law enforcement community.

Is the Conservative Party serious or not? Is it standing by its leader's statement that it would like to get this done expeditiously or not?

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

Mr. Speaker, with my remaining seconds, it is difficult for me to take questions from the NDP seriously when it has supported, every step of the way, the Liberal government's soft-on-crime approach. The reason we are here is because of its support. If it does not like the government's approach, it should not vote for it anymore, and we can go to an election today.

[Pierre Poilievre, Conservative, Leader of the Opposition]

Mr. Speaker, after eight years of this Prime Minister, the cost of living is going up because of an inflationary tax that the Bloc supports and that they want to drastically increase. The cost of living is also going up because of inflationary deficits.

It no longer pays to work and the cost of housing has doubled. The desperation that these policies have caused is leading to a crisis of homelessness, drug use and crime. That is the situation after eight years of this Prime Minister.

Today, we are rising in the House of Commons to talk about the utter chaos that the Prime Minister has unleashed on our streets with his changes to the bail system. He introduced Bill C-75, which was passed. That law allows criminals who have been charged dozens of times to be released on the very day they are arrested.

That bill was supported by the Bloc. Yes, voting for the Bloc is not worth the cost. A vote for the Bloc is a vote for Liberal policies that cause crime in our streets. What are the consequences of that Liberal-Bloc policy?

After eight years of this Prime Minister, violent crime has increased by 39% and homicides by 43%. Gang-related homicides are up 108%. Gun crime is up 101%. I will stop there for now. The Prime Minister thinks that fighting gun crime means banning hunters’ weapons. He stated in his comments that he wanted to ban firearms that are used for hunting. That is what he proposed in Bill C-21, to which he added 300 pages containing the list of hunting weapons he wanted to ban.

The Bloc Québécois was beyond happy, it was ecstatic. The Bloc said it wanted to adopt that list and that it had been waiting many years for this major ban on hunting weapons. Now the Bloc leader is trying to do an about-face, trying to make the people in Quebec's regions forget that the Bloc betrayed them with its agenda of banning hunting weapons. The Bloc Québécois also voted in favour of a law that allows criminals who use firearms to commit violent acts to return to our streets on the day they are arrested.

That approach did not work. We Conservatives will protect hunters and put the real criminals in prison. We will allocate resources to the border to prevent weapons from entering the country illegally from the United States.

Moreover, we see that assault causing bodily harm has increased 61%. Sex crimes against children increased 126% after eight years of this Prime Minister. Car thefts increased 34% after eight years of this Prime Minister.

This is the record of this government’s approach of freeing the most violent criminals while banning hunting weapons. This does not actually work. It does not make sense. That is why the Conservative Party is the only party in the House of Commons that had the common sense to oppose this and stand up for the rights of hunters. We are going to put criminals in prison and protect law-abiding citizens.

We know that the Conservative approach works, because when we were in power the crime rate decreased by 26%. We targeted the most violent and vicious criminals and made sure that repeat offenders were sent to prison. All the other parties said that this would increase the prison population. In fact, the number of prisoners decreased by 4.3%. There were fewer people in prison and less crime on our streets. In addition, we were able to eliminate the gun registry to protect our hunters.

Our approach works because by targeting the most violent criminals and denying their release to prevent them from committing the same crimes again, we can protect society and deter crime by others. We will take that common-sense approach again when I am prime minister of Canada.

Today, we have a bill that partly reverses the damage that the Prime Minister has caused. We all know that after eight years of the Prime Minister, life costs more, work does not pay, housing costs have doubled, and crime, chaos, drugs and disorder are common in our streets. We know that his policy of freeing repeat violent offenders the same day they are arrested came to us in Bill C-75, supported by both Liberals and their coalition partners. In fact, the NDP wanted to go even further.

What are the consequences of their catch-and-release policy? Violent crime is up 39%. Homicide is up 43%. Gang killings are up 108%. Aggravated assault is up 24%. Assault with a weapon causing bodily harm is up 61% increase. Sexual assault is up 71%. Sex crimes against kids is up 126%. Kidnapping is up 36%. Car thefts are up 34%. These crimes are almost always committed by a very small minority.

The good news is that we do not have a lot of criminals in Canada. The bad news is they are very productive. They are allowed to be productive because of the catch-and-release policies passed in Bill C-75 that allow an offender to be arrested often within hours of their latest crime. In Vancouver, the police had to arrest the same 40 offenders 6,000 times, because the police and the system required them to be released under the Prime Minister's bill, Bill C-75.

The bill before us today partly and modestly reverses the catch-and-release bail system that the Prime Minister created, but it does not go far enough. Our policy is very clear. A common-sense Conservative government led by me will bring in jail and not bail for repeat violent offenders. Those offenders with a long rap sheet who are newly arrested will be in our jails today.

When we brought in policies of this sort under the previous Conservative government, we not only reduced crime by 25%, but we actually reduced incarceration rates. That was against all of the rhetoric of the radical left that said that we would have to build mega prisons to accommodate all the criminals. In fact, our laws were narrowly targeted at the worst repeat offenders and they scared the rest of the criminals away. We actually had fewer criminals, less crime and, therefore, fewer prisoners. That meant safer streets.

The Prime Minister has unleashed a crime wave over the last several years.

I was just in Whitehorse yesterday at Antoinette's restaurant. The owner told me that his restaurant had been robbed 12 times in 18 months, multiple times by the same offender who was released again and again. In fact, police officers told him they were going to stop arresting the offender because it was not worth the time of having him arraigned and being released almost immediately. It was easier and more cost-effective to just leave the thief on the streets and let him do his business.

That is how broken our criminal justice system is after eight years of the Prime Minister. Now he has appointed a radical justice minister who says that crime is all in the heads of Canadians, that their imaginations have gone wild. However, the data proves otherwise.

It turns out that Canadians and Conservatives are right. A common-sense Conservative government will fix the mess the Liberals made. It will fix what is broken with jail and not bail. Now, let us bring it home.

[Arif Virani, Liberal, Minister of Justice and Attorney General of Canada]

Mr. Speaker, the safety of our communities is a non-negotiable priority; it can never be partisan. As do parents across this country, I need to know that my sons are safe when they are on their way to school each and every morning.

The measures contained in this bill, Bill C-48, are focused on keeping repeat violent offenders off our streets. We have the support of all law enforcement around the country. We have the support of 13 different provincial and territorial governments, including many Conservative governments that the member opposite works with closely.

The one Conservative who is equivocating on this issue is the Leader of the Opposition. I want to ask him about a statement he gave to journalists, where he said, “We'll pass it this afternoon. In fact, call [the minister] and tell him I'm happy to bring back Parliament today. We'll pass bail reform by midnight.”

Was the Leader of the Opposition being honest when he made that statement?

[Pierre Poilievre, Conservative, Carleton, ON]

Mr. Speaker, yes I was. In fact, I would have undone the Liberal bail law in Bill C-75 six years ago, the day it was passed.

Not only did the minister go on vacation before addressing bail, but he also went to a radio station and claimed that we were holding up the reversal of Liberal bail policy. He thought no one would find out about this. In fact, he was on vacation and had allowed Parliament to rise without bail reform occurring in the first place. Let us not forget that what little good this bill would do is just undoing the damage his party already did.

Finally, I would ask the minister to stand in his place and apologize to Canadians for trying to gaslight them and tell them that rising crime is just a perception issue. I have given him all the data published by his own government, which shows that violent crime has raged out of control after eight years under the Prime Minister. These are data points. These are facts. Will he admit it and apologize for gaslighting Canadians?

[René Villemure, Bloc, Trois-Rivières, QC]

Mr. Speaker, I believe that the Conservative Leader of the Opposition, whose innuendo is calculated to deceive the public, does not really like what the polls say in Quebec. When he speaks of Quebec, he speaks in French and when he speaks in English, he speaks of the NDP to make his point.

We must separate fact from fiction. When they talk about the carbon tax that does not apply to Quebec, that is nothing but a sham. When they make no distinction between hunting weapons and assault weapons, that is nothing but a sham.

Is the leader of the official opposition actually able to separate fact from fiction?

[Pierre Poilievre, Conservative, Carleton, ON]

Mr. Speaker, now the Bloc Québécois wants me to talk about them in English. Bizarre.

Here are the facts. The Bloc Québécois supported the ban on hunting weapons. Their MP on the Standing Committee on Justice and Human Rights received the 300-page list of hunting weapons banned by the Liberals. He thought it was excellent and said that people had been waiting for this ban for years.

Now, perhaps the Bloc Québécois leader has forgotten how his party voted. Speaking of the carbon tax, yes, it does apply in Quebec.

We moved a motion in the House of Commons to cancel this tax. The Bloc Québécois voted to keep the tax. One Bloc member said it should be drastically increased.

I, for one, am going to stand up for Quebec taxpayers, not add to the burden that the federal government has put on them.

[Randall Garrison, NDP, Esquimalt—Saanich—Sooke, BC]

Mr. Speaker, we have a bill before us today that has the support of all the premiers and broad support in the law enforcement community. It incorporates many of the things the Standing Committee on Justice and Human Rights studied and recommended in the hearings it conducted.

Since we already had hearings, we have broad support from the premiers and we appear to have at least some level of support from all the parties, I am back to the original question for the Leader of the Opposition: Is he serious about passing this, even if it is not the perfect bill for him? Can we get this done? Can we get this passed expeditiously? Is he serious about this or not?

[Pierre Poilievre, Conservative, Carleton, ON]

Mr. Speaker, we are the only party that has been serious about this for the last eight years.

This member, along with the NDP, has voted to release repeat violent criminals into his community. He has helped unleash a crime wave on Vancouver Island. NDP and Liberal policies have brought about tent cities, chaos and drug overdoses; the member's only solution has been to ban the hunting rifles of the decent, hard-working, law-abiding people who live on Vancouver Island.

The NDP is totally out of touch. Common-sense Conservatives will stand up against crime and for hunters on Vancouver Island.

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

Mr. Speaker, first of all, I too want to congratulate my colleague opposite, the new Minister of Justice, and his parliamentary secretary. I look forward to working with them in the future to move things forward, particularly on the issue of criminal law—

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

I am going to take a minute to allow the members who are leaving the chamber to exit.

There we go.

The hon. member for Rivière-du-Nord can now resume his speech.