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.

Public Safety

[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.

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

Thank you, Mr. Brock, for the question.

I'd put it to you simply that no one is being ignored by me or by my department with respect to the conversation about community safety.

What I would underscore for you is that the conversation on bail reform started with a letter that came from the premiers to the Prime Minister after an FPT that occurred in October 2022. That letter had a very specific ask, and we added to that ask in terms of developing the legislation. To the one firearms offence listed there, we added another three.

You and I share the same province, the province of Ontario. Doug Ford's government and Doug Downey, as the AG, have been very complimentary in terms of what we've been doing and very supportive in terms of what we've been doing.

What I found unique about the situation is that we had the support behind that bill of all 13 leaders of the provinces and territories in this country, as well as all of the law enforcement community. That continued even as we saw it make its way through to the Senate. It's now in the Senate. David Eby's government continued to lobby for its quick passage even while it was being studied in the Senate.

I think it's important, in terms of the list you're mentioning, to also underscore—and you as a former prosecutor will know this—that when it comes to setting in place the structure and the architecture, that's the Criminal Code and that's for federal parliamentarians. When it comes to the administration of justice and things like bail enforcement, that's the responsibility of the provinces, pursuant to the administration of justice under the constitutional division of powers.

What we've seen is that we've put money in place, including $330 million for guns and gangs enforcement, that is helping provinces do exactly that. There's some complementarity there, but in terms of my willingness to explore other options for keeping communities safe, as a guy who represents a riding in Toronto that has seen violence, particularly on the TTC, I am committed to that. It is my fundamental duty to keep Canadians safe.

Bill C-48 goes in a direction that will do just that. It's an important piece of legislation that got all-party support, which is a good thing. I think there are more areas of collaboration, and I'm willing to collaborate in those areas.

[Larry Brock, Conservative, Brantford—Brant, ON]

Thank you, Madam Chair.

Thank you to all the witnesses in attendance.

Let me use my brief opportunity here to publicly congratulate you, Minister, on your new role. I'm looking forward to having you appear on many occasions.

I want to start off by discussing the narrative of your government, sir, and some talking points that you have used and that your predecessor, David Lametti, used to justify and sell, in my view, Bill C-48 as an important piece of legislation not only to restore public confidence in the administration of justice but also to make our communities safer.

I've heard repeatedly in the House that one of the hallmarks of Bill C-48 is that you've listened. You listened to stakeholders, you listened to premiers, and you listened to chiefs of police and presidents of police associations in forming the specific language to tighten up the reverse onus provisions in the Criminal Code and to add to the reverse onus provisions in the Criminal Code. However, you'll agree with me, sir, that it wasn't just additional reverse onus provisions as they relate to additional firearms offences that these stakeholders were asking for. There was actually a laundry list of other items they asked for that did not find itself in Bill C-48. Not knowing what the agenda is from your department, I don't think you're bringing forward any legislation to even contemplate encompassing the other asks.

With that being said, the provincial governments and the police associations have asked for a thorough review and reform of Canada's bail system. They asked for a definition of “serious prolific offender” or “repeat violent offender” within the confines of Bill C-48. They specifically asked that bail hearings for serious firearms offences be heard by a judge of a provincial court or a superior court as opposed to a justice of the peace, that obligations be strengthened with sureties and that there be consequences for failing obligations.

My ask of you, with the limited amount of time that I have, sir, is why this government, why your department and why you personally have ignored those significant additional measures that the stakeholders are asking for to improve community safety and to restore confidence in our justice system.

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

Mr. Moore, this is where you and I will differ in terms of perceptions.

I believe that Bill C-5—and I was the parliamentary secretary at the time that was implemented—was meant to do multiple things, including addressing delays in the court system that were being pointed out by the Supreme Court in R. v. Jordan. It addressed things like reverse onus on bail for intimate partner violence. That is something that we not only believe in as a government but have doubled down on in terms of expanding the scope of reverse onus provisions in the current bail reform bill, Bill C-48. What it also did was entrench certain principles about bail that codified Supreme Court jurisprudence.

With respect to Bill C-5, Mr. Moore, again I will categorically disagree with you. Bill C-5 was about easing the overrepresentation of indigenous and Black persons in the Canadian justice system, in the criminal justice system. The effect of some of the mandatory minimum penalties that were enacted by the previous government under Stephen Harper was to overincarcerate indigenous folks on a sixfold basis and Black persons on a twofold basis.

On a day on which we've elected, for the first time in Canadian history, a Black Speaker of the House of Commons, I'm going to stand by our efforts to reduce racism in our system and stand by the efforts to reduce overrepresentation.

Public Safety

[Terry Sheehan, Liberal, Sault Ste. Marie, ON]

Madam Speaker, public safety is an issue that is important to each and every member of the House and one which I have heard about from my constituents. This is why I am proud that our government is implementing reforms to the bail system that would help keep repeat offenders off of the street.

Bill C-48, which passed the House last week and is moving swiftly through the Senate, creates a reverse onus for repeat offenders and those accused of crimes with a firearm and a knife.

It examines the onus on those accused of intimate partner violence and requires the courts to consider whether an accused person has a history of convictions involving violence when making a bail order. This bill was crafted responsibly, with input from all relevant stakeholders, and has the supports of provincial and territorial leaders.

It sends a strong message that judges ought to seriously consider the public safety risks posed by repeat offenders at the bail stage.

This bill is just one of a suite of measures that our government has introduced to protect the public from violent offenders and to ensure the people of the Sault and all across this country are safe on the streets.

Canadian Sustainable Jobs Act

[Stephanie Kusie, Conservative, Calgary Midnapore, AB]

Madam Speaker, my apologies, but I have a very difficult time believing the sincerity of the government with this bill, and that is a result of its constant retaliation against the natural resources sector. We saw this with Bill C-48. We also saw this with Bill C-69. We have seen this with the endless carbon tax after carbon tax, as well as with emissions standards, which the government forced industry to meet. This results in a larger mental health crisis among industry workers and higher suicide rates. Perhaps it is even fuelling the opioid crisis.

With a $41-billion deficit and $2.1 trillion of debt across Canada, and with oil and gas making up 7.5% of the GDP, how are the Liberals going to replace the funds in the coffers from a dying industry that they have killed at a time when they are also overspending?

Justice

[Iqwinder Gaheer, Liberal, Mississauga—Malton, ON]

Mr. Speaker, in my riding of Mississauga—Malton, I know people are concerned about crime. They want to know what our government is doing to make sure that people are safe. This is why I was pleased to see the House unanimously pass Bill C-48 last week, which would help ensure that violent repeat offenders would not get bail.

Could the Minister of Justice tell us more about the progress of this legislation? What is the government doing to improve safety in communities across Canada?

Criminal Code

[James Maloney, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada]

Madam Speaker, I am pleased to join the second reading debate today of Bill S-205, an act to amend the Criminal Code and to make consequential amendments to another act, interim release and domestic violence recognizance orders, which was passed in the Senate this past April.

I think all members would agree that the objective of Bill S-205 is laudable. The proposed amendments aim to better protect victims of intimate partner violence, which is the most common form of police-reported violent crime against women, particularly against indigenous women and increasingly against those who have other intersecting identities. Overall, the government supports the bill, as I believe its objective is important. However, as I will discuss further below, I am concerned about some of the proposed changes.

Bill S-205 seeks to address the issue of intimate partner violence through changes to the bail and peace bond regimes in the Criminal Code and by making consequential amendments to the Youth Criminal Justice Act. In particular, Bill S-205 would require courts, prior to making a bail order for an offence involving actual, threatened or attempted violence against an intimate partner, to ask prosecutors if the victim had been consulted about their safety and security needs. The courts would also be required to ask the prosecutor whether victims have been informed of their right to request a copy of the bail order made by the court.

Bill S-205 would also expand the existing intimate partner violence reverse onus for bail so that it would apply not only to accused who were previously convicted but also to those previously discharged, conditional or absolute, for an intimate partner violence offence. The government has done this exact change in Bill C-48, which received unanimous consent in the House earlier this week, and I hope will pass the Senate very quickly. In a reverse onus situation, the accused has the responsibility to demonstrate that detention in custody while awaiting trial is not justified. In addition, Bill S-205 would require a justice to consider, on request by the Crown, whether the accused should wear an electronic monitoring device as a condition of release.

Earlier this year, Bill C-233, an act to amend the Criminal Code and the Judges Act, violence against an intimate partner, received royal assent. My colleague, the member for Dorval—Lachine—LaSalle, brought forward that important legislation, and I was very proud to support it. The bill also included a provision related to electronic monitoring that could apply in cases involving intimate partner violence.

Bill S-205 would undo this change, which is one of my concerns. Undoing my colleague's bill would mean that, if this bill were 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 through Bill C-233. This is something that we would need to review at committee to ensure that the two pieces of legislation work together.

Last, the 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 objective of this bill, but I believe the changes should be considered by the status of women committee to better align the proposed amendment 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 the existing criminal law. For instance, the requirements for courts to ask if an intimate partner has been consulted about their safety and security is duplicative of existing provisions. The Criminal Code already requires courts to take into consideration the safety of any victim of an alleged offence when crafting a bail order and to include in the court record a statement that they did so. Duplicating provisions always carries the concern of creating confusion with prosecutors and judges, and we want to avoid that at all costs.

Other concerns centre around the proposed amendments regarding electronic monitoring. As I mentioned, Bill C-233 amended the Criminal Code to explicitly provide that a court consider the imposition of electronic monitoring as a condition of release for an accused charged with an offence involving the use, attempt or threat of violence against their intimate partner. In contrast, the current provisions of Bill S-205 would explicitly list electronic monitoring as an optional condition for any offence, which has much broader application. If we want to focus on protecting victims of intimate partner violence, we need to be clear about the intention on whom the courts should be focusing on for use of electronic monitoring.

Available data shows that the poverty rate for indigenous people living off reserve and for racialized individuals far exceeds that of non-indigenous and non-racialized populations. I am worried that this broad application of electronic monitoring will negatively impact these groups who, as we know, are already overrepresented in the criminal justice system.

There is also cause for concern that should electronic monitoring be explicitly added to the Criminal Code as a potential condition for release on bail, it could become more routinely imposed, even in cases where it may not be warranted.

For these reasons, I do not support the electronic monitoring changes as drafted in Bill S-205. I am, however, generally supportive of the changes to enact a peace bond specific to intimate partner violence. At the same time, I see ways in which this provision can be improved.

For example, consideration should be given to amending the provision that states who may apply for the peace bond. Currently, the provision is drafted so that the person who fears that injury would be caused to them, or their children, can apply for the peace bond. I believe that it might be more appropriate to broaden this so that anyone can apply, for example, a police officer.

I also think it is worth considering whether the proposed duration, conditions and procedures of the new peace bond should be amended so that they are consistent with peace bonds already contained in our Criminal Code.

About a month ago, our government called gender-based violence an epidemic, as have a number of municipalities, including my own in the city of Toronto. It is important that we work to combat gender-based violence in all its forms, including intimate partner violence.

I know that we are all committed to taking action to address intimate partner violence. This was demonstrated by the passing of my colleague's bill, Bill C-233.

I look forward to working with all parliamentarians to continue advancing this important objective, while remaining mindful of the unintended consequences some provisions of this bill may cause.

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

Mr. Speaker, I thank my colleague for his question. I have also worked with him on the Standing Committee on Justice and Human Rights and have always appreciated his interventions. We do not always share the same point of view, but there is always respect there, and that is very helpful.

That said, to answer his question, I have to say that I do not understand either. My answer to these groups is that there are really only two ways to interpret this way of doing things.

It may be that the government considers that the national sex offender registry is not important, as was the case the day before yesterday with Bill C-48, when the bail provisions did not seem important. Indeed, that is how it is with many other bills: just not important. Since it is not important, bills keep getting pushed back and dealt with when it suits them. If it never suits them, it is no big deal.

If it is not because the subject is not important, then it is because the procedural rules are not important. They think the opposition members are not that bright. They know the opposition will say yes to anything, so, at the eleventh hour, they tell us the bill has to be passed. Then the opposition says, oh, the national sex offender registry is so important that we have to set aside the House's procedural rules. That is what the government hopes. Let us call that option B.

Here is my question for the government. Is it A, the government does not give a fig, or is it B, the government does not give a fig about parliamentary rules?