Bill C-48 (Historical)

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.

Department of Justice—Main Estimates, 2024-25

[Arif Virani, Liberal, Parkdale—High Park, ON]

Madam Chair, on bail reform, we passed Bill C-48 with the co-operation of that member opposite.

I would hope that with future Criminal Code reform, which would help keep Canadians safe, he would offer the same level of co-operation.

[Arif Virani, Liberal, Parkdale—High Park, ON]

Madam Chair, bail reform is critical, and that is why we passed Bill C-48. That is why we are always looking to protect Canadians from serious violent repeat offenders.

[Arif Virani, Liberal, Parkdale—High Park, ON]

Mr. Speaker, there were a number of points in there, and I will respond to all of them.

The first point would be that in respect of Canadians' safety, what I would put to him is that Bill C-21, which he voted against, also dealt with intimate partner violence and things like red flag laws. Those have now become law, no thanks to him and his party and their voting pattern. The red flag laws actually allow the police to intercept firearms from the home of someone who is deemed to be a threat to their partner or to other individuals. That is called keeping Canadians safe, so I reject outright the premise of his earlier question.

With respect to bail, he will be aware that bail is a determination that is made by actors in our justice system, including justices of the peace. We have taken steps to strengthen the bail system to keep Canadians safe. On that piece, I will credit the member. He did vote in favour of Bill C-48, which deals with serious violent repeat offenders, on whom there is now a reverse onus for procuring bail. That is a step in the right direction in keeping Canadians safe.

Justice

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

Mr. Speaker, I appreciate the question.

Domestic violence and intimate partner violence is a top priority on this side of the House. We addressed this issue twice, in Bill C‑75 and in Bill C‑48 with respect to bail conditions for persons charged with or involved in this type of crime.

We will always fight domestic violence and protect women and men across Canada.

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

Mr. Speaker, I appreciate the question from my colleague across the way.

I want all Canadians watching us right now to know that crime in our communities is a priority for every parliamentarian in the House.

That being said, with Bill C‑48, which was just enacted two months ago and deals with bail, we focused specifically on the most violent offenders who used a firearm in the commission of their crime. We are aiming for a situation where these individuals will stay in prison.

Opposition Motion—Auto Theft

[Francesco Sorbara, Liberal, Vaughan—Woodbridge, ON]

Mr. Speaker, it is great to rise in this House after question period and see so many of my colleagues.

I would like to start my remarks by acknowledging the vote that just took place in the House of Commons in support of our friends and allies in Ukraine, the Ukrainian people and the Ukrainian government. I am very proud to have voted yes on the free trade agreement. We should all be proud, as members of Parliament who voted yes and supported it. We will continue to support the brave men and women fighting against the unjustified, tyrannical Russian government that invaded Ukraine. We will continue to be there, much as the European Union was there for them this week in its €54-billion aid package. We will continue to stand shoulder to shoulder with Ukrainian people in Ukraine and the over 1.5 million Ukrainian Canadians who call Canada home. God bless them all.

I take the floor to discuss the important issue of auto theft, something the Government of Canada is deeply concerned about. Our government is addressing the issue, with over $120 million in additional funding announced last week in the region of York; it is cracking down on repeat violent offenders through Bill C-48 and attacking organized crime through anti-money-laundering measures.

In addition, the government is playing a key role—

Public Safety

[Sonia Sidhu, Liberal, Brampton South, ON]

Mr. Speaker, over the past several weeks, my colleague and I have had many productive conversations with Brampton residents about the importance of keeping our community safe. This is why this government responded to the request from law enforcement agencies and municipalities to organize a summit on combatting auto theft on February 8, to define real actions and implement impactful solutions with partners in policing, government and industry across Ontario.

This week, the Minister of Public Safety made a federal investment of $121 million to help prevent gang violence and auto theft in Ontario. This is yet another step to continue supporting law enforcement agencies on the ground, resulting in criminals behind bars and more successful operations. We are also strengthening Canada's Criminal Code, keeping repeat violent offenders in prison with Bill C-48 and supporting the—

Justice

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

Mr. Speaker, I want to thank the member for Alfred-Pellan for his question and his dedication.

As a minister, a father and a Canadian, community safety is one of my top priorities. Bill C-48 has now received royal assent. This bail reform bill will keep repeat violent offenders off our streets. Our government will continue to fight crime and its root causes to keep communities safe.

All of Canada's premiers, police forces and municipalities called for action, and we acted.

[The Deputy Speaker, Chris d'Entremont]

I have the honour to inform the House that a communication has been received as follows:

Rideau Hall

Ottawa

December 5, 2023

Mr. Speaker,

I have the honour to inform you that the Right Honourable Mary May Simon, Governor General of Canada, signified royal assent by written declaration to the bill listed in the Schedule to this letter on the 5th day of December, 2023, at 5:11 p.m.

Yours sincerely,

Ken MacKillop

Secretary to the Governor General

The schedule indicates the bill assented to was Bill C-48, an act to amend the Criminal Code (bail reform).

The House proceeded to the consideration of amendments made by the Senate to Bill C‑48, An Act to amend the Criminal Code (bail reform).

Business of the House

[Karina Gould, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, this afternoon, we will debate the Senate amendments related to Bill C-48 on bail reform.

Tomorrow morning, we will call Government Business No. 31, which concerns Bill C-50, an act respecting accountability, transparency and engagement to support the creation of sustainable jobs for workers and economic growth in a net-zero economy. Tomorrow afternoon, we will call report stage and third reading of Bill C-57, which would implement the 2023 free trade agreement between Canada and Ukraine.

Next week, priority will be given to the motion relating to Bill C-50. We will also call report stage and third reading of Bill C-56, the affordability legislation, and second reading of Bill C-59, an act to implement certain provisions of the fall economic statement, which was introduced earlier today. Thursday will be an opposition day.

For the following week, I will circle back to the member opposite.

Opposition Motion—Passage of Bill C-234 by the Senate

[Jennifer O'Connell, Liberal, Parliamentary Secretary to the Minister of Public Safety]

Mr. Speaker, part of the debate here today on the motion at hand is about the Conservatives trying to have the House dictate to the Senate what bills it should pass. Bill C-48 is a bill that is incredibly important to provinces and territories, including B.C. The Conservatives have not been too concerned about it in the Senate, shown by the fact that it has taken them two months to get through it.

Could my hon. colleague speak to the fact that Conservative games in the Senate are stopping the passage of crucial legislation that provinces, such as British Columbia, have asked our government to implement?

Public Safety

[Francesco Sorbara, Liberal, Vaughan—Woodbridge, ON]

Mr. Speaker, making sure Canadians are safe and feel safe in their community is a priority for our federal government. It is not optional; it is not political.

In my riding of Vaughan—Woodbridge, public safety is at the centre of many conversations. We know the federal government has a leading role to play. Vaughan residents support the co-operation and collaboration seen from all levels of government, law enforcement and victim advocates working together to crack down on crime, keep guns away from our streets and protect Canadians.

Canadians asked that we strengthen the justice system to keep repeat offenders behind bars. As a response, our government introduced Bill C-48 on bail reform, which would amend the Criminal Code and reinforce public confidence in Canada's justice system.

We also introduced a national freeze on handguns, supported the Province of Ontario with $120 million to combat guns and gangs, and provided over $500 million to CBSA to protect our borders. By providing the funding, working with all levels of government and passing impactful bail reform legislation, we are doing everything it takes to keep Canadians safe.

[Sonia Sidhu, Liberal, Brampton South, ON]

Mr. Speaker, keeping our communities safe is important to Brampton residents. While community safety is a shared jurisdiction with the provinces and municipalities, this government has been working hand in hand with law enforcement and other partners. We are strengthening Canada's Criminal Code and our community safety by keeping repeat violent offenders in prison with Bill C-48 and supporting the CBSA with historic investments that make our border secure.

Most importantly, we are working collaboratively with our law enforcement partners in Peel and right across the country to combat auto theft. I know that fighting car theft is an important issue. This is why, earlier this year, we made an important investment of $120 million in Ontario to combat gangs. In partnership with CBSA and other agencies, Peel Regional Police has successfully recovered over $130 million worth of stolen vehicles this year and put many criminals behind bars.

We are committed to continuing to work to strengthen measures to combat auto theft to ensure a safe environment for Brampton.

Criminal Code

[Darren Fisher, Liberal, Parliamentary Secretary to the Minister of Mental Health and Addictions and Associate Minister of Health]

Madam Speaker, I am pleased to join the second reading debate of Bill S-205, an act to amend the Criminal Code and to make consequential amendments to another act. I am pleased to reiterate the government's support for Bill S-205. This legislation has the important goal of better protecting victims of intimate partner violence.

In light of last week's tragic instance of intimate partner violence in Sault Ste. Marie, we are reminded of the devastating impact these crimes have on individuals and communities. My heart breaks for the senseless loss of life in Sault Ste. Marie, and I am thinking of the victims' loved ones. Intimate partner violence and gender-based violence in general have no place in Canada. I know my colleagues from all parties share this sentiment.

Bill S-205 would make changes to the Criminal Code's bail and peace bond regimes in order to address intimate partner violence. The bill would also make consequential amendments to the Youth Criminal Justice Act. These are important objectives. Today, I will elaborate on some concerns that we have with this bill and how we think it can be improved. I will also discuss our government's most recent complementary efforts to support victims of intimate partner violence and victims of crime in general.

As my colleagues have mentioned, Bill S-205 would require prosecutors to ask courts whether the victim has been consulted about their safety and security needs prior to making a bail order for an individual who is charged with an intimate partner violence offence. In addition, Bill S-205 would require courts to ask prosecutors whether victims have been informed of their right to request a copy of the bail order made by the court.

The next element of Bill S-205 that I would like to highlight is the expansion of a reverse onus for bail on intimate partner violence crimes. The reverse onus would be expanded so that it applies not only to accused persons who were previously convicted but also to those previously discharged, conditional or absolute, for an intimate partner violence offence. This particular measure is also contained in our government's bill, Bill C-48, which already passed this House and is awaiting third reading in the Senate. We were certainly concerned to see that the senators voted to remove this measure from the bill, and I hope that my colleagues agree that we should reinstate it in Bill C-48. This provision builds upon previous government legislation that enhances our federal response to intimate partner violence, including former Bill C-75. I hope this House rejects the amendments to Bill C-48.

Next, Bill S-205 would require a justice to consider, on request of the Crown, whether the accused should wear an electronic monitoring device as a condition of release. I want to point out that this provision would also undo an important change made by Bill C-233, an act to amend the Criminal Code and the Judges Act, violence against an intimate partner, which received royal assent on April 27. If Bill S-205 is passed, electronic monitoring would be identified as an explicit condition of bail that could be imposed in all cases, and not just in cases involving violence against an intimate partner as is now the case because of the changes enacted in Bill C-233.

Last, this bill would create a new peace bond specific to cases involving intimate partner violence with a duration of up to two years, or three years if the defendant was previously convicted of an intimate partner violence offence.

I want to reiterate that I support the objectives of this bill, but I believe that changes should be considered to better align the proposed amendments with its objective. These changes could also minimize the potential for unintended negative impacts on groups who are already overrepresented in the criminal justice system, and ensure coherence with existing criminal law.

Next, I want to discuss how Bill S-205 fits into a broader framework of our government's support for victims of crime. I have already mentioned Bill C-48, which passed here on unanimous consent of all members. I want to thank colleagues across the aisle for their support and for recognizing the importance and urgency of Bill C-48. It is a direct response to requests made by the provinces and territories, as well as law enforcement agencies from across our country. This piece of legislation would strengthen Canada's bail laws to address the public's concerns relating to repeat violent offenders in offences involving firearms and other weapons.

Bill C-48 would introduce a reverse onus at bail on the use of dangerous weapons such as firearms, knives and bear spray. Bill C-48 would also create a reverse onus for additional indictable firearms offences, including unlawful possession of a loaded or easily loaded prohibited or restricted firearm, breaking and entering to steal a firearm, robbery to steal a firearm and making an automatic firearm.

Through this bill, we are sending a strong message that crimes committed involving a firearm are unacceptable and represent a dire threat to public safety. We have seen too many lives lost to gun crime.

As I have mentioned previously, Bill C-48 would also strengthen the existing reverse onus that applies to accused persons charged with an offence involving intimate partner violence when they have a previous conviction for this type of an offence. Bill S-205 has this same objective, and I am glad to see members from all parties take intimate partner violence seriously.

Another proposal in Bill C-48 relates to what considerations the court must make when deciding whether to release someone on bail. A former bill, Bill C-75, passed in 2019, amended the Criminal Code to provide that before making a bail order, courts must consider any relevant factor, including the criminal record of the accused or if the charges involve intimate partner violence.

Bill C-48 would expand this provision to require courts to consider if the accused's criminal record includes a history of convictions involving violence. Bail courts would be specifically directed to consider whether the accused has any previous violent convictions and whether they represent an increased risk of reoffending, even when the proposed reverse onus does not apply. This change would enhance public safety, and I am again pleased that my colleagues support the passage of Bill C-48.

A second bill I wanted to highlight is Bill S-12. Just this week, we debated this legislation. Bill S-12 would improve our national response to sexual offences by strengthening the national sex offender registry regime. We have responded to concerns raised by the Supreme Court and law enforcement agencies in this legislation. The list of designated offences that qualify an offender to be registered on the national sex offender registry would be expanded by Bill S-12, and this list would include non-consensual sharing of intimate images and sextortion, two crimes that have had terrible impacts on the lives of Canadians, especially women and children. This would be a very positive step forward.

Bill S-12 is a direct product of conversations with survivors and victims of sexual crime. Bill S-12 would reform the publication regime to recognize the diversity of victim experiences and ensure that survivors have agency to tell their own stories if they so choose. Bill S-12 would also change the process for providing victims with information on their cases to better reflect the Canadian Victims Bill of Rights. Both of these changes are about one key element: choice. There is no one right way to be a victim. Bill S-12 reflects this reality.

I am happy to support Bill S-205, and I hope that the elements I have raised as potential concerns with the bill can be further studied at committee.