An Act to amend the Criminal Code (bail reform)

Sponsor

David Lametti  Liberal

Status

This bill has received Royal Assent and is, or will soon become, law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-48s:

C-48 (2017) Law Oil Tanker Moratorium Act
C-48 (2014) Modernization of Canada's Grain Industry Act
C-48 (2012) Law Technical Tax Amendments Act, 2012
C-48 (2010) Law Protecting Canadians by Ending Sentence Discounts for Multiple Murders Act
C-48 (2009) Law Appropriation Act No. 2, 2009-2010
C-48 (2008) Law Appropriation Act No. 4, 2007-2008

Criminal CodeGovernment Orders

November 30th, 2023 / 5:15 p.m.

NDP

Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

Madam Speaker, I intend to be very brief this afternoon because the bill we have before us was supported unanimously by the House and has had some useful amendments made by the Senate, which I now hear that everyone in the House is prepared to support.

The bill would do two things. One thing, which we have focused on, is that it would make it more difficult for serious repeat violent offenders to get bail by establishing a reverse onus. All parties here recognize we have a problem that needs to be fixed and that this bill would fix that problem. Therefore, most of the attention has gone to that aspect of the bill.

However, there is a second provision in the bill that is also quite important. Despite the rhetoric we hear from the Conservatives, over the past 30 years, the rate of pretrial detention in Canada has more than tripled. Instead of the Conservatives' version, where everybody gets out with a “get out of jail free” card, we tripled the number of people in detention. Our rate is far higher than in the U.K., Australia, New Zealand, Ireland or any other western European nation. That means, in the situation we have in Canada, there is a second problem with the bail system: The poor, the homeless and those suffering from substance abuse challenges or mental health issues are more likely to be denied bail and end up in custody.

What does that mean? When people are in pretrial custody, they end up in provincial institutions, which have no programming for anti-violence, anti-substance abuse or mental health. Therefore, we are warehousing the poor, the marginalized and indigenous people without giving them the supports they need in the period when they are waiting for a trial. We have to remember that over a third of those who are subject to bail conditions or kept in custody before trial are never convicted of anything. One-third of the people are innocent.

We know what happens. Pretrial detention has very serious impacts. It can lead to loss of employment, it can lead to loss of housing and it can lead to loss of custody of children, because more than 40% of those detained in Canada pretrial are held for more than one month and many are held for as long as six months. This causes a complete disruption in people's lives. It keeps them in a provincial institution, where they have no programming, and makes their conflict in the future with the legal system and society far greater.

In this bill, there is a provision that New Democrats added, which is to make judges consider community-based bail supervision programs. We know what works for those on bail. We know it does not work to ask people's mom, dad or sister to be a surety, because how do they influence the behaviour? The John Howard Society has run very successful pilot programs in Ontario whereby a person gets supervision. In other words, someone looks after their behaviour when they are on bail. Second, they get someone who helps hook them up to the services they need, including mental health and addiction services, employment services and whatever else they need. Those John Howard programs that are running in Ontario have a 90% success rate. In other words, 90% of the people show up in court to face their trial, but in the meantime they do not reoffend.

The Conservatives are talking about those who offend while they are out on bail, and yes, that happens. However, why does that happen? It is because they do not have access to the services they need and they do not have real supervision. The police do not have a mandate to do bail supervision, nor do they have the resources. We know that community-based bail supervision programs work, and this bill would require judges to consider them.

Of course, that means the federal government would have to pony up some money at the front end to get those kinds of programs running across the country. However, does it cost money? No, it does not, because it is far more expensive to keep people in detention than it is to supervise them in the community. Listen to this: The costs are about 10 times higher to detain someone than to put them into a community-based bail supervision program. That part of this bill is overlooked in the debate about legitimate concerns the public has.

If we really want to get the rate of reoffending down, we know what works. We know it is community-based bail supervision programs. We know it is devoting more money to on-demand mental health treatment. We know it is about more money for on-demand substance abuse treatment. We know it is better access to employment and education programs for those who currently lack those opportunities.

We will continue to support this bill. I think everybody will. I found it a little odd to hear a speech that essentially opposed it from the Conservatives, but I think everybody is on board. We know premiers are on board. We know police associations are on board. We know that victims' associations are on board. We know the Senate is on board. Therefore, if nobody is against this, I am going to end my speech at this point and ask us to move forward with passing this bill, which would approve the Senate amendments, this afternoon.

Criminal CodeGovernment Orders

November 30th, 2023 / 5:20 p.m.

Conservative

Philip Lawrence Conservative Northumberland—Peterborough South, ON

Madam Speaker, in my town of Cobourg, we recently had an incident where an individual assaulted a person who had their child there, and the individual was out on bail the same day and committed another crime. It was because of the bail reform that the NDP supported earlier, and now this is going halfway back. Is the member at all regretful for his voting record?

Criminal CodeGovernment Orders

November 30th, 2023 / 5:20 p.m.

NDP

Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

Madam Speaker, I first want to start by saying that I do quite often resent the implication that anyone in the House does not have sympathy for victims and what happens to them, or that anyone in the House actually supports crime and criminal activity. What I support, and my background was in criminal justice for 20 years before I came here, are things that are actually effective in addressing those problems.

We know that if someone is let out on bail now with no supervision, with no access to programming, the chances they will reoffend while they are out on bail are very high. The bill before us, and what we are calling for, would provide for community-based bail supervision programs, which would help avoid exactly the circumstances the member raised in this incident.

Criminal CodeGovernment Orders

November 30th, 2023 / 5:20 p.m.

Conservative

Tracy Gray Conservative Kelowna—Lake Country, BC

Madam Speaker, the member talked about making changes that would actually make a difference.

One of the things that I had proposed in a private member's bill was to get those people who are incarcerated in federal institutions access to addiction treatment and recovery, but the NDP, unfortunately, did not support that. How does the member rationalize saying that he wants to vote for legislation that would actually make a difference and yet he will vote against a bill like that? He also supports bills like Bill C-75, which actually lessened the bail system, and we have seen from the stats how many more victims there are because of Bill C-75.

Criminal CodeGovernment Orders

November 30th, 2023 / 5:20 p.m.

NDP

Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

Madam Speaker, I would like to point out to the hon. member that, of course, her private member's bill had a poison pill in it for people like me who want to vote for things that are effective.

Does reform to the bail system cause crime? No, it does not, and reforms to the bail system in Bill C-75 did not increase the crime rate. There are lots of other very complicated factors we could look at about why that happened, but the Conservatives like to point to the headlines and not actually point to the things that really work when it comes to combatting crimes and preventing future victims.

Criminal CodeGovernment Orders

November 30th, 2023 / 5:20 p.m.

Liberal

Arif Virani Liberal Parkdale—High Park, ON

Madam Speaker, on a point of order, I believe if you seek it you will find unanimous consent for the following motion: That notwithstanding any standing order or usual practice of the House, the motion respecting Senate amendments made to Bill C-48, An Act to amend the Criminal Code (bail reform), standing on the Notice Paper be deemed adopted.

Criminal CodeGovernment Orders

November 30th, 2023 / 5:20 p.m.

The Assistant Deputy Speaker Carol Hughes

All those opposed to the hon. minister moving the motion will please say nay.

It is agreed.

The House has heard the terms of the motion. All those opposed to the motion will please say nay.

Criminal CodeGovernment Orders

November 30th, 2023 / 5:20 p.m.

Some hon. members

Nay.

Criminal CodeGovernment Orders

November 30th, 2023 / 5:25 p.m.

The Assistant Deputy Speaker Carol Hughes

We will go back to questions and comments with the hon. parliamentary secretary to the government House leader.

Criminal CodeGovernment Orders

November 30th, 2023 / 5:25 p.m.

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, I know that I can express the will of most members of the chamber, and I believe there is a great sense of disappointment that the Conservatives now, in the House of Commons, have chosen to not allow this debate to come to an end, unlike what the leader of the Conservative Party said last summer. Members will recall that the leader of the Conservative Party then said that all it would take is one day and the Conservatives would be happy to pass it through the whole system.

This is a complete flip-flop, once again, by the leader of the Conservative Party. I wonder if my colleague across the way could provide his thoughts on the flip-flop.

Criminal CodeGovernment Orders

November 30th, 2023 / 5:25 p.m.

NDP

Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

Madam Speaker, I thank the member for Winnipeg North for his comments, because I have the same reaction to this action by the Conservatives.

It is a party whose leader said they would come back and get this done in one day. It has taken a bit longer than that, but we could get this done today, and so I would like to see someone propose the unanimous consent motion once again and see if the Conservatives will actually go along with what their leader promised previously.

Criminal CodeGovernment Orders

November 30th, 2023 / 5:25 p.m.

Bloc

Gabriel Ste-Marie Bloc Joliette, QC

Madam Speaker, I would like to come back to the attempt to obtain the unanimous consent of the House. I would like to remind all my colleagues that when someone wants to take that approach, they usually inform the other parties beforehand. My party was not informed in this case. We would have supported that consent because the fact is we were not against it. I would just like to remind members that there is decorum here. This place is not just the government. There are elected members from all parties, and it is important to consult and inform colleagues from the other parties.

I thank my colleague for his speech and I would like to know if he has any comments to make regarding that intervention.

Criminal CodeGovernment Orders

November 30th, 2023 / 5:25 p.m.

The Assistant Deputy Speaker Carol Hughes

As the member pointed out, it is important to ensure that all parties are aware that a motion is going to be moved.

The Parliamentary Secretary to the Leader of the Government in the House of Commons on a point of order.

Criminal CodeGovernment Orders

November 30th, 2023 / 5:25 p.m.

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, there has been dialogue among the parties inside the chamber and I suspect that if you were to canvass the House that you would find unanimous consent at this point in time, to see the message passed as the minister had proposed.

Criminal CodeGovernment Orders

November 30th, 2023 / 5:25 p.m.

The Assistant Deputy Speaker Carol Hughes

All those opposed to the hon. member moving the motion will please say nay.

It is agreed.

The House has heard the terms of the motion. All those opposed to the motion will please say nay.

(Motion agreed to, amendments read the second time and concurred in)