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]

moved the second reading of, and concurrence in, amendments made by the Senate to Bill C-48, An Act to amend the Criminal Code (bail reform).

Mr. Speaker, I thank the hon. members. I am very pleased with the progress of Bill C‑48 in both Houses, and I am happy to be speaking to it again here.

This bill will strengthen our bail laws so they continue to protect our communities and maintain public confidence when it comes to violent repeat offenders and weapons offences.

I will start by briefly reiterating the bill's intent. I will then describe the amendments proposed by the Standing Senate Committee on Legal and Constitutional Affairs. Lastly, I will lay out the government's position on these amendments.

This bill demonstrates our government's commitment to public safety and my commitment to public safety. We will always fight to ensure that our communities are protected from violent crime. Families have been forever changed because of senseless killings.

I want to take this moment to express my sincere sympathies to victims of violence and their loved ones. A 16-year-old, Gabriel Magalhaes, was fatally stabbed at a subway station in my own riding of Parkdale—High Park. This terrible act should never have occurred. We need to do address crime, as well as what causes crime, to stop future violence from occurring.

Bill C-48 is the culmination of extensive collaboration with provinces and territories, with which I have been working very closely. All 13 premiers came together and called for bail reform. We responded to this call and went even further in Bill C-48.

In addition to the premiers, Bill C-48 has received support from municipal leaders, police groups and victims' organizations right across the country, from coast to coast to coast. I am pleased to see such incredibly widespread support for a measure that would ensure Canadians can live free from fear of violence.

I am also grateful for the discussions we have had with national indigenous organizations on the topic of bail reform. Their views help us better understand how we can keep indigenous communities, and all communities, safe. I look forward to continuing my collaboration with representatives of these important organizations.

I also want to take a moment to acknowledge and recognize that members from all parties passed Bill C-48 unanimously in the House back on the first day of the fall session, on September 18. It was clear then that all of us recognized the importance of these measures. I am very hopeful that we can maintain the same unanimity of purpose today.

Public safety is paramount. It is fundamentally why all of us were elected to this chamber. Every member of this chamber wants the communities that we represent to be free from violence. I thank my colleagues for their support to date and I hope I can count on it today and going forward.

On this side of the House, we also commit to maintaining public safety while looking also at tackling the root causes of criminality. We need more mental health resources so that people in crisis do not resort to violence. I say this on a day when we have just launched the 988 suicide helpline. We need social services to help offenders reintegrate safely into their communities after serving their time. We need treatment options for those struggling with addiction so that they do not get mired in conflict. Investing in long-term solutions to crime is a core belief of mine and of our Liberal government.

Too often, I have heard fearmongering for political gain from people in this chamber. We need solutions; we do not need finger pointing. We need investments in long-term safety. We need evidence-based legislation. I challenge my colleagues to join me in supporting community investments so we can stop crime at its root.

I will now discuss the substantive changes proposed in Bill C-48. Canadians expect laws that both keep them safe and respect the rights enshrined in the charter. In Bill C-48, I believe we have struck that balance.

Bill C-48 is a targeted approach to stopping repeat violent offenders. The bill proposes amendments to the reverse onus bail provisions in the Criminal Code to make it more onerous for certain accused persons to receive bail. A reverse onus does simply this. It shifts the burden of proof at a bail hearing from the Crown to the accused. This means that there is a presumption that the accused will be detained unless they can demonstrate to the court that they should be released because they do not pose a significant risk to public safety, are not a flight risk or that their release would not undermine the confidence of the public.

What Bill C-48 would do is add a reverse onus provision to ensure greater scrutiny of cases involving repeat violent offending with weapons. For this reverse onus to apply, the accused must, one, be charged with a violence offence involving the use of a weapon. Two, they must have been convicted in the last five years of a violent offence involving the use of a weapon. Three, both the offence charged and the past offence must have a maximum term of imprisonment of 10 years or more. This threefold criteria would encourage courts to focus their attention on those who present a higher risk of reoffending at the bail stage of criminal proceedings.

Second, four firearms offences would be added to the reverse onus provisions that currently exist. This proposal has the broad support of law enforcement agencies right across this country, from literally every province and territory. It would implement the call from all 13 premiers of three different political stripes to add a reverse onus for the offence of possessing a loaded prohibited or restricted firearm. What we would be adding to the premiers' request is unlawful possession of a loaded or easily loaded prohibited or restricted firearm, breaking or entering to steal a firearm, robbery to steal a firearm and making an automatic firearm. Anyone involved in those offences would be subject to the same reverse onus.

This bill would also clarify the meaning of a prohibition order at the bail stage. A reverse onus at bail currently applies to accused persons charged with offences involving firearms or other weapons where they are subject to a weapons prohibition order. This bill would make absolutely clear that a prohibition order includes a bail condition prohibiting an accused from being in possession of firearms or other weapons.

The other changes proposed by Bill C-48 relate to considerations that courts must make in their bail decisions. This bill would require bail courts to consider if the accused person's criminal record includes a history of convictions involving violence regardless of whether the accused is subject to a reverse onus.

In addition, Bill C-48 would add a further requirement that bail courts expressly consider the safety and security of the community in relation to the alleged offence when making a bail order, in addition to the safety and security of any victim who is involved. This would ensure that specific concerns from smaller municipalities, indigenous communities and racialized or marginalized communities are taken into consideration at the bail hearing. That directly responds to what we heard, particularly from small communities in Canada's north, including small indigenous communities in the north, which wanted their needs reflected and views heard at such bail hearings.

Let me now turn to two changes the Senate is proposing to make to this bill.

The first proposal of the Senate relates to an amendment that would require a statement in the record of proceedings as to how a justice or justice of the peace considered section 493.2 of the Criminal Code. This section states that, when making a decision relating to bail, courts shall give particular attention to the circumstances of indigenous accused and accused who belong to a vulnerable population that is overrepresented in the criminal justice system and that is disadvantaged in obtaining bail.

This is a mandatory provision that requires courts to turn their minds to these circumstances anytime they make a bail decision. What the Senate is doing is doubling down on that provision and emphasizing its importance. In terms of the overrepresentation of Black Canadians and indigenous persons in the criminal justice system, overrepresentation is a critical problem and I welcome this amendment.

The provision being cited by the Senate was originally enacted in 2019. Since then, many cases on the application of this provision have developed guidance for bail courts. It is clear from these cases that failing to adequately consider section 493.2 is an error of law that is a reviewable error. That said, the Senate heard from some witnesses that section 493.2 is not always considered and not always applied consistently despite there being a requirement to do so.

What the proposed amendment from the Senate would do is ensure that bail courts are fulfilling their obligations to consider these particular circumstances in every applicable case and recording that they have done so. This amendment would also be consistent with the preamble of Bill C-48, which currently reiterates “the need to consider the particular circumstances of accused persons, including those from populations that face disadvantages at the bail stage and are overrepresented in the criminal justice system”. In light of this, the government and I support this amendment and invite all members of this House to vote in favour of it.

Tackling the overincarceration of Black, indigenous and marginalized Canadians remains a fundamental priority for me and the government. We cannot accept a status quo in which marginalized groups are disproportionally incarcerated on account of systemic factors, including systemic racism and discrimination. To date, we have made progress on addressing this problem, including by removing multiple mandatory minimum penalties in the form of Bill C-5, which has already passed in the House.

There is always more work to do. I am proud of the work we have done on implementing assessments of the impact of race and culture and relaunching the anti-racism action plan, as well as the work that is ongoing on the Black justice strategy and the indigenous justice strategy. This is all fundamental to the work that will continue to be done to address systemic inequalities in the justice system.

The second amendment adopted by the Senate specified that this legislation be referred to a standing committee of the Senate for review at a future date. The effect of this amendment is that both the House of Commons and the Senate would be required to review the legislation five years after the act receives royal assent. I support this change as well.

I am encouraged by the speed at which we were able to reach a consensus in the House of Commons last time we studied this bill on September 18. I would suggest that we do the same so that the bill can be passed as soon as possible.

I would like to conclude by pointing out that bail is a responsibility shared by the federal, provincial and territorial governments. Every level of government has a role to play to make sure that our bail system works as intended. The government is doing its part, but non-legislative changes such as access to permanent housing and mental health and addiction support services are also key elements in improving our bail system.

I commend the work recently done in these areas, and I will continue to collaborate with all levels of government to make sure that the objectives of the bail system are achieved. I also undertake to make sure that we collect accurate and complete data on the bail system in Canada, and I will continue to work with our partners to that end.

Data sharing is essential for monitoring our bail system and ensuring it functions properly. I call upon provinces and territories to collect and share enhanced bail data. This will allow us to make evidence-based changes to bail law in the future.

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?

[Catherine Latimer]

Well, I think there are technical reasons as well as substantive reasons for not proceeding now with Bill S-205. The primary one is that Parliament has already looked at almost the exact wording of the provision in the judicial interim release reverse onus provision, so it will already have made a determination. That bill, Bill C-48, includes a review provision so that the effect of those particular provisions can be looked at and changed more if need be.

[Catherine Latimer]

In conclusion, the John Howard Society of Canada urges the committee not to pass Bill S-205 at this time, as the House has unanimously passed Bill C-48 and the bill is now in the Senate, which gave attention to the issue of intimate partner violence during the bail process and already includes a key measure that is proposed in this bill. Further, the range of section 810 recognizance orders is already adequate to deal with the fear of intimate partner violence, and the proposals in Bill S-205 are disproportionately harsh.

I agree with what the witnesses had to say before. The criminal justice system has a very limited range of tools that it can use to assist with intimate partner violence. The better answers lie outside the criminal justice system.

[Catherine Latimer, Executive Director, John Howard Society of Canada]

Thank you, Madam Chair, and thank you, committee members. It's a great pleasure to be here. I want to thank you very much for seeking the views of the John Howard Society on Bill S-205.

As a charity, we're committed to effective, just and humane responses to the causes and consequences of crime. The John Howard Society is concerned about preventing crime, and about appropriate and effective consequences for having committed crimes.

Preventing intimate partner violence is a shared goal, but our assessment is that there's very little in Bill S-205 that would make a difference in preventing violence.

Bill S-205 amendments really pertain to two areas. One is the judicial interim release provisions, or bail provisions, and the other is the new category of recognizance orders relating to the fear of domestic violence.

In terms of the judicial interim release provisions, there is a heavy reliance, as the other witnesses have mentioned, on electronic monitoring as a condition of pretrial release if it is sought by the Attorney General.

We would first point out that the research on electronic monitoring has been inconclusive in terms of its effectiveness in preventing crime.

Second, the technology is very expensive, and it is important to note who would be paying for the device and for its monitoring. Given that it is the AG who is seeking it, can we safely assume that it would be the AG who is paying for it? That's not always the case; often, individuals who are released on bail or on community sentences are being asked to pay for the monitoring. This actually worsens a class bias in the criminal justice system through which the affluent are more likely to benefit and the marginalized and impoverished, including members of the indigenous and Black communities, are more likely to be denied.

The reverse onus provisions that are being proposed in paragraph 515(6)(b.1) mirror the contentious provisions that were included in Bill C-48, which make prior discharges equivalent to convictions, triggering the reverse onus provision for bail for prior intimate partner violence offences. Many witnesses appearing before the Senate on Bill C-48 cautioned that including discharges would raise charter concerns.

There is almost a retroactive application to this provision, which is troubling. Many accused, including women who are also often charged when it is unclear who initiated the domestic conflict, might have agreed to plead guilty to an offence that might otherwise have been successfully contested at trial on the understanding that the discharge would have no future negative criminal justice implications for them. Now it would.

In any event, the equivalent of this section will have already been accepted or dropped in Bill C-48, making this section duplicative or possibly inconsistent with the will of Parliament.

The second major area is the recognizance orders. Our view is that the proliferation of section 810 orders to reflect the fear of certain types of future crimes is unnecessary and bad policy. Existing sections 810 and 810.2, which specifically refer to intimate partner violence, are adequate to cover those fearing domestic violent offences.

It should be noted that the proposed intimate personal violence recognizance in this bill is triggered by a fear of a personal injury offence, yet section 810.2 recognizance is triggered by a fear of a “serious personal injury offence”. This indicates that the latter category applies to persons who pose more of a threat of serious harm, yet Bill S-205 proposes much harsher treatment of the former for the 810 order than for the 810.2 orders, and this will create a sense of a disproportionate, unfair response based on the severity of the risk posed.

There are also some amendments to the Youth Criminal Justice Act, but I won't get into those for fear of running overtime.

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.

Public Safety

[Maninder Sidhu, Liberal, Brampton East, ON]

Madam Speaker, over the past few months, as I knocked on doors in my riding of Brampton East, I have had many conversations about public safety. All levels of government have a role to play in keeping our communities safe, and here in Parliament, we are working together to further strengthen our Criminal Code.

After consultations with all 13 premiers and police chiefs across Canada, our government has brought forward a bail reform bill, Bill C-48, which would help keep repeat violent offenders behind bars.

I have had numerous discussions with the police chief, the mayor and colleagues across all levels of government, and I am happy to see this bill being supported by colleagues in this very chamber.

That is not all. We have helped combat guns and gangs, providing $120 million to the Province of Ontario; strengthened border security, with over $500 million to CBSA, which will help prevent contraband coming into this country; and instituted a national freeze on handguns, which means that handguns can no longer be transferred, purchased or imported into Canada.

I remain focused on working with all levels of government to ensure families can live and prosper in a safe environment.

Corrections and Conditional Release Act

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, it is a pleasure to rise today to speak to Bill C-320, a bill that makes a fairly significant statement. I truly believe that it does not matter what side of the House a member sits on as we all recognize that, whenever a crime is committed, there is a victim, whether it is collectively or individually. We want to be there in a very real and tangible way to support victims.

When I look at Bill C-320, I see a bill that moves us forward in being more transparent, and ultimately more accountable, through providing supports directly to victims. I do not say that lightly because I have had experiences, while I was an MLA a number of years ago in the mid-nineties, where I had the opportunity to participate in a youth justice committee.

For those who are not aware, youth justice committees were an alternative to young people having to go to formal court. I found out something very quickly when young people came before the committee, which in my case was based in a community in the northwest end of the city of Winnipeg. We were classified as honorary parole officers of sorts, and we listened to cases involving anything from shoplifting and automobile theft to some cases of minor assault types of situations. What I found was that, the more we gained experience as a justice committee, the stronger our desire to incorporate victims.

I believe that at the time we were one of the first justice committees looking for restorative justice. In that case, having restorative justice meant that we had young offenders sitting down to work out some sort of a disposition with us along with the victim. We felt that that was a good alternative to having the victim outside of the process. Rather, the victim was on the inside of the process, able to contribute to the disposition of an individual, a young person in the community, to ensure that justice was being served. What I found in a couple of the cases that I was able to participate in was that there was a much higher sense of relief in different ways, in part by the victim.

Since the mid-nineties, I have always had an interest in how we can support victims of crimes. The types of crimes that are out there are obviously exceptionally wide in the spectrum. The ones that have a strong element of violence against a person are, from my point of view, the most offensive. I am more sympathetic to having victim's rights being looked after.

When I look at Bill C-320, what I see are amendments to the CCRA that would require Correctional Services Canada and the Parole Board of Canada to provide victims with an explanation of how dates were calculated initially and at each time there is a change. I think that is the core of the content of the legislation that we are talking about today.

When I think of what we have done as a government to support victims, there are a couple of things that I want to highlight. Whenever we think of the role that the government plays, one can talk about legislation but I would also suggest that one can talk about budgetary measures.

For example, budget 2021 proposed to provide just over $85 million, over five years, to support a national program for independent legal advice and independent legal representation for victims of sexual assault and to support pilot projects for victims of intimate partner violence. I believe this demonstrates that the government is looking at supporting victims in a very tangible way.

I have seen legislation that we have passed that makes it easier for the victim; when a perpetrator goes before a parole board, the victim does not have to appear in order to present what had taken place, thereby making them a victim once again.

As a government, we have acted on budgetary measures and legislative measures to be able to protect the interests of victims.

Through the victims fund, we have made more than $28 million available to provincial and territorial governments and non-governmental organizations to increase awareness and knowledge of victim issues, legislation and available services.

The bill would amend the Corrections and Conditional Release Act. I believe that this disclosure of an offender's parole eligibility dates to the victims also includes the explanation of how such dates would be determined. This is consistent with what that the government has been doing, from a budget process and a legislative process previously.

The government is committed to supporting victims of crime and their families. Their right to information about the individuals who have harmed them should be respected at all stages of the corrections and conditional release process.

This disclosure of information to victims provides transparency and accountability.

We have seen legislation pass when we believed that it would receive unanimous support. I believe that this piece of legislation has wide support, possibly from all political parties in the chamber.

I hope that the mover of the legislation would be open, as the government is when it brings forward legislation that goes to committee, to possible amendments.

I reflect back on Bill C-48, which was dealing with the whole issue of parole and bail hearings, in particular the importance of having the reverse onus in specific areas of proof. I witnessed during the debates of that legislation an overwhelming desire to see it ultimately pass. It received unanimous consent.

I do believe that a vast majority of, if not all, members realize the importance of more accountability and transparency in protecting the victims of crimes. That is why I feel very comfortable in wanting to see this bill go to committee.

Criminal Code

[Marilyn Gladu, Conservative, Sarnia—Lambton, ON]

Madam Speaker, it is my pleasure to rise today to speak to Bill C-325, an act to amend the Criminal Code with respect to the conditional release system. This is the private member's bill of my friend and colleague, the member for Charlesbourg—Haute-Saint-Charles, and I am happy to support it for the few reasons I will detail in these remarks.

The main reason is that our criminal justice system needs a serious overhaul to prevent violent offenders from committing further violent crimes, and this bill would work to combat that societal harm. One of our Conservative Party pillars is to bring home safe streets. To do this, we need to take serious action to reverse the precipitous rise in violent crime that has transpired over the last eight years with the Liberal government.

Data from Statistics Canada in August indicated that the national homicide rate has risen for the fourth consecutive year and is now at its highest level since 1992. This is largely due to gang violence. Violent crime is up for the eighth year in a row. The per capita victims of violent crime have increased 60% since 2013. Fraud is twice as prevalent as it was 10 years ago, and extortion is five times higher. It is a country-wide problem, not restricted just to our biggest cities. As an example, an article from the National Post from the past summer stated, “Reports from Newfoundland—which experienced one of the steepest rises in crime last year—reveal a growing sense of fear and abandonment among those living in St. John’s downtown core.” Our communities feel less safe. Crime, chaos, drugs and disorder are common, and the Liberal government is responsible for making the situation worse.

The common denominator here is the Prime Minister and his lenient approach to violent crime. The measures to reverse this trend in Bill C-48, which the House passed unanimously on September 18, were but a start to the serious overhaul necessary to create real change, to borrow a phrase from the Prime Minister, who used it eight years ago.

Bill C-48 does not go far enough to reverse the damage that the Liberals have done with their catch-and-release laws that let repeat offenders back onto our streets to cause more crime and chaos. It started with Bill C-75 and continued with Bill C-5, which had a soft-on-crime approach. That is why I am here to support Bill C-325, as it would take further measures to combat the violent crime waves.

Bill C-325's summary states:

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.

Namely, Bill C-325 would strengthen the conditional release regime by creating a breach-of-condition offence in the Criminal Code at section 145, for breaches of condition on parole or statutory release. It would be an indictable offence and would be liable to imprisonment for a maximum of two years, or an offence punishable on summary conviction.

The bill would also amend the 1992 Corrections and Conditional Release Act to require parole supervisors to report breaches of conditions. It states that if a breach exists, parole supervisors must inform the Parole Board of Canada, the Attorney General and appropriate officials of the breach and the circumstances surrounding it. It is currently not the case that probation officers are required to report breached conditions. This provision would go a long way in reducing recidivism among violent criminals.

Bill C-325 would also restore the former version of section 742.1 of the Criminal Code, which was repealed in 2022 by the Liberals' Bill C-5. This would reintroduce a list of serious offences for which a shorter sentence of less than two years cannot be served in the community via house arrest. This includes kidnapping, sexual assault and some firearms offences. Bill C-5 should never have been allowed to pass, as it puts communities at risk with violent offenders serving sentences for serious crimes in the comfort of their own homes while watching Netflix. This includes, for example, drug traffickers serving their sentences at home. How convenient is that? This also includes sexual assault offenders who are serving their sentences in their homes in the communities where they have victimized and can now revictimize.

To avoid an argument from my opponents off the bat, I will say that this bill would not bring out stronger sentences or raise rates of incarceration for the sake of it. Breaches of conditions imposed during conditional release, which is after sentencing, are often committed by a minority of offenders. However, when parole conditions are breached, it can be frustrating and damaging to the victims of the crimes committed, not to mention to the community at large in which they live.

The Canadian Police Association said that it is important to effectively target repeat offenders because, as frontline 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. In fact, our leader, the member for Carleton, often cites the example of Vancouver, where 40 criminals were arrested a total of 6,000 times in a year.

It is important to note as well that offenders designated as long-term offenders would not be covered in this bill. They are already covered by breach-of-condition language in the Criminal Code.

We need this bill because of offenders like Myles Sanderson. He had been granted statutory release in August 2021, after serving a five-year sentence for assault, robbery, mischief and making threats. He had 59 previous convictions, one of which included assaulting a police officer. He had been charged for 125 crimes, with 47 cases filed against him in the province's criminal courts. He violated his parole conditions 28 times. In February 2022, following a hearing, the Parole Board did not revoke his statutory release despite these violations. He stopped meeting with his case worker in May 2022, which led the police to look for him. Unfortunately, they did not find him before he and his brother murdered 11 people and injured 18 others in a mass stabbing spree on the James Smith Cree Nation and in Weldon, Saskatchewan in September 2022. This horrific tragedy broke the heart of the nation and devastated these communities. It would have been utterly preventable had Bill C-325 been in place and Sanderson had been indicted for violating the conditions of his parole.

While it is important to minimize the potential harm to our communities, we must still respect the rights of those involved. The law currently provides that federal offenders sentenced to a fixed term of imprisonment be released under supervision when they have served two-thirds of their sentence. Statutory release is a statutory right and not within the Parole Board of Canada's decision-making authority. The conditions on parole that may be violated include a prohibition on communicating with a person, often a victim; being in a specific place; observing a curfew; not possessing a weapon; and not drinking alcohol, among others that may apply to the specific case at hand. Sanderson's parole conditions included a ban on weapons and a ban on alcohol and drugs. As records indicate, he had a history of drug use since the age of 14 and a history of rage and violence against his partner.

Tragedies like this can be prevented. Our justice system should not allow violent offenders to serve their sentences at home. This view is shared by several organizations, all of which support Bill C-325. 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, the Murdered or Missing Persons' Families' Association, the Communauté de citoyens et citoyennes en action contre les criminels violents and others have all expressed their support for Bill C-325. Tom Stamatakis, president of the CPA, says, “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 bottom line is that we absolutely need to be doing more to protect our communities and increase public safety. This is not an issue of partisanship, but a shared need for action on a common goal: a safer and better Canada. We were elected here to uphold the principles of peace, order and good government, but we cannot claim that we are doing so if Canadians do not feel safe in their homes and communities. We have a responsibility to our constituents and the regions we serve. They deserve to be safe and protected. We need to bring home safe streets, and this bill would be an excellent stepping stone on the way to doing so.

I hope all my colleagues share this goal of increased public safety and that they vote to support Bill C-325 on its way to committee.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, it is always a pleasure to rise in the chamber to address important issues. There is no doubt that the issue of crime and safety in our communities is of the greatest concern for all our constituents. It is one of the reasons why we saw the universal support of all political entities in the chamber to pass the bail reform legislation, Bill C-48. It passed relatively quickly because all sides of the House saw that the bill would do a good service for our judicial system. That is not necessarily the case with respect to the private member's bill before us.

I have found over the years that members of the Conservative Party talk a very tough line. In reality, it is quite different. I have had the experience of serving on committees such as the Keewatin youth justice committee. When I was a member of the Manitoba legislature, I had the opportunity to be a justice critic. I have recognized how important it is that when we propose changes to the Criminal Code, we work with the many different stakeholders out there.

The private member's bill, as proposed, is taking some aim at legislation we had previously passed, in particular Bill C-5. There has been misinformation coming from the Conservatives with respect to Bill C-5. This misinformation tries to imply that our communities are not as safe as a direct result of the passage of Bill C-5, which is not the case. Bill C-5 was, in fact, progressive legislation that was supported by a majority of members, not only the Liberals, in the House of Commons. At the end of the day, Bill C-5 did not take away authority from judges.

There is a big difference between the Liberal Party and the Conservative Party. Liberals understand the importance of judicial independence. We understand the importance of the rule of law, and the actions we have taken clearly demonstrate that. I would challenge the Conservatives with regard to their respect for judicial independence. That is why I hope this legislation does not pass and go to the committee stage.

Canada-Newfoundland and Labrador Atlantic Accord Implementation Act

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

Mr. Speaker, I rise on a point of order. I just want to give our hon. colleague an opportunity to correct himself. I believe he is standing up talking on Bill C-48 and the topic today is Bill C-49.