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

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

Mr. Speaker, I would like to add my thanks to the member for his words today. I have had the pleasure of working with him on the justice committee for many years. I want to thank him for his hard work on intimate partner violence, and for his words today in support of this bill.

He has raised, a number of times today, the need to get this bill urgently passed. The leader of the official opposition has stated publicly that he is in favour of this.

What kind of message does it send to the public if the Conservatives do not follow through on that commitment?

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

Mr. Speaker, as I said earlier, I do look forward to working with the hon. member as the new parliamentary secretary for justice.

I want to be a little less partisan. The question is not what the public will think about any one party here if we do not get this done. It is what the public will think about us as parliamentarians as a whole. I think we have a responsibility, when we see a large degree of consensus and these large public concerns, to act as expeditiously as possible.

As I said, the justice committee already held hearings and those hearings informed the bill before us today. There is no reason, in my mind, that we could not proceed expeditiously. If members have other things they want to see, let them bring forward private members' bills. Let the government bring forward additional bills.

However, we have a bill today that has broad support from premiers, law enforcement and the public, and seems to have support from all the parties. Let us get the job done.

[Lori Idlout, NDP, Nunavut, NU]

Uqaqtittiji, I would like to welcome everyone back after the summer to a new session. I thank the member for his great presentation.

One thing I am always asking people to be considerate about is indigenous issues. We all know that there are increased numbers of indigenous offenders.

Can the member describe how this bill would not increase barriers around access to justice for indigenous peoples?

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

Mr. Speaker, I thank my colleague, the member for Nunavut, for her tireless advocacy on behalf of indigenous people and northern residents in Canada.

I want to point out that one of the areas where there is a severe lack of social services when it comes to things like addiction treatment and mental health services is Nunavut. By providing for community-based bail supervision, this bill would allow a lot of people who are maybe, for the first time, in conflict with the justice system, to find a way to keep their housing, their contacts with family and their employment, and not end up in further conflict with the law.

That means that the federal government would have to step up and help provide the funding to the Government of Nunavut to make those necessary social services available in communities across the north.

[Frank Caputo, Conservative, Kamloops—Thompson—Cariboo, BC]

Mr. Speaker, it is always a pleasure to rise on behalf of the people from Kamloops—Thompson—Cariboo.

We talk about reverse onuses and the member mentioned perhaps we should be looking at different things and different private members' bills if they are not in this legislation.

The issue of firearms and repeat firearms offenders is one of significant concern. Does he agree that those who have repeatedly used firearms should also be targeted by a differential reverse onus, perhaps one that is ramped up from the current one? As he said, those who go to acquire an illegal firearm are, themselves, going out of their way to commit crime.

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

Mr. Speaker, once again, I am a bit perplexed by the question, since Bill C-48 specifically addresses the question around the use of illegal weapons in the commission of crimes and it creates an additional reverse onus.

That means there are additional requirements of those who have been found in possession of illegal weapons. They must demonstrate why they are not a threat to public safety and why they should not be detained before trial.

That is exactly what Bill C-48 is doing. That is exactly what the bill is responding to, which is the demand from the premiers. That is exactly what law enforcement asked for.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, I did raise, with the minister, the same issue that my colleague has raised, which is the lack of services in pretrial detention. We should attend to that issue.

I want to know if he has more clarity than I do on the position of the official opposition. I appreciate he is exhorting us not to be partisan, but I am frankly confused. I thought the hon. leader of the official opposition said publicly we need to get this bill passed as quickly as possible, but on a direct question from the Minister of Justice, he seemed to duck the answer.

Does the hon. member for Esquimalt—Saanich—Sooke have more insight on whether we will have all-party collaboration today to get the bill passed today?

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

Mr. Speaker, I thank the member for her concern about the lack of services in pretrial detention because it is a very important part of public safety.

I am no expert on the internal workings of the Conservative Party, but it does seem peculiar when its leader, who has said that he was prepared to get this done in a day, no longer seems prepared to do that.

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

Mr. Speaker, it is with pleasure that I speak to what I believe is really important legislation. This legislation is being supported not only by me, but also by the minister and the government. From listening to the debate so far in the House, I understand that the principles of the legislation are being supported by all sides of the House, whether one is a New Democrat, a member of the Bloc, possibly a Green, and I have not heard the Greens speak to the bill yet, but I anticipate they will be supporting it based on other observations I have made, or even a member of the Conservative Party.

The leader of the official opposition gave an interesting speech. He has maybe taken a bit of a variation on reality to try to reflect things as being in a relatively negative state here in Canada, but the essence of what he was saying about this particular piece of legislation was in good part supportive, as the Minister of Justice pointed out when he introduced the legislation this morning.

Members have had the opportunity to go through the legislation to see the benefits of passing the legislation. The Leader of the Opposition was actually very supportive of the legislation to the degree that at one point he gave the indication that he would be prepared to sit until midnight for the legislation to be passed. There were a couple of questions posed to the leader of the official opposition because there was a sense of the potential to see the legislation passed relatively quickly and whether he would still entertain that. One of his short answers implied yes. It would appear Bill C-48 has the support of all members of the House.

Before I go any further, I want to inform the House that I will be splitting my time. I will be sharing my time with the member for St. John's South—Mount Pearl.

It is not just members of Parliament who are in support of bail reform. Bail reform has been on the agenda of politicians of all political stripes and from all levels of government for a number of years now. A great deal of consultation has taken place on dealing with the issue of public safety as it relates to bail reform. The legislation before us has substantial support across the country. Provinces and territories have signed on in support of the legislation.

I understand ministers of justice and premiers from different regions of the country have all indicated very clearly that they would like to see this legislation ultimately become law. I heard there are a number of members who would like to see the legislation pass second reading so we can bring it to the committee stage to see if there might be potential changes made to reflect what the consultations led to.

The House is very much open to having the legislation pass. I am curious whether or not, at the end of the day, we will be able to see the legislation pass because we have had a fairly solid green light that the Conservatives would support its quick passage. Having been here for a while, I am going to remain a little optimistic on that point.

It is not just the politicians who support this legislation. I want to read a couple of quotes. Law enforcement officers are often the ones who are on the front line looking for changes, and I thought it would be good to share some of the things law enforcement officers are saying regarding Bill C-48.

Canada's police associations in general welcomed the government of Canada's action on bail reform. Associations representing Canada's frontline law enforcement personnel released the following statements welcoming the introduction of the bill, Bill C-48. I would like to quote a couple of them, if I may. The first reads:

Front-line law enforcement personnel have been asking the government to take concrete steps to address the small number of repeat violent offenders who commit a disproportionate number of offences that put the safety of our communities at risk, and we appreciate that [the former minister of justice] and [the former minister of public safety] have worked collaboratively with stakeholders and introduced this common-sense legislation that responds to the concerns that our members have raised.

This is something that was reported and commented on by Tom Stamatakis, who is the president of the Canadian Police Association.

Mark Baxter, the president of the Police Association of Ontario had something further to say—

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

I thought I would interrupt the hon. member for just a moment to say that, although it is great to be back in the House of Commons, seeing all of our friends again and talking about the summer, I would remind folks that, if they would like to have those kinds of conversations, they should take them outside or try out the new time out booths at the back to see how they work. Then we will be able to listen to the the debate that is happening on the floor right now.

The hon. member for Winnipeg North does have the floor.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I do not know if that lulled the volume, but let me go on with what Mark Baxter, the president of the Police Association of Ontario, had to say:

Police personnel haven’t just been asking for a “tough on crime” approach, we have been advocating for a balanced approach that includes prevention and rehabilitation, but also recognizes that a small number of repeat, violent offenders need to be held accountable for their actions. Bill C-48 is a step in the right direction, and we sincerely hope the Courts will use these new measures that are being introduced by the government in cases where circumstances warrant.

The last quote I would like to refer to is from Jon Reid, the president of the Toronto Police Association. He said:

Our members recognize that our Charter ensures we all benefit from a presumption of innocence, but for too long the current balance has put the rights of an accused well above the rights our communities have to public safety and security. Ensuring the public maintains its confidence in the administration of justice is paramount, and I believe the introduction of Bill C- 48, and the clear message being sent by the government that public safety remains a top priority, will help victims of crime, as well as all Canadians know serious, repeat violent offenders can and will be held accountable for their actions.

I believe that reinforces the messages we are hearing from politicians of all political stripes and at all levels of government that recognize we want our communities to be a safe environment for our constituents. Bill C-48 is a progressive piece of legislation that has had extensive consultations. It would make a profound and positive difference by ensuring the communities in which we live are safer. That is why I believe we should look to the Leader of the Opposition and hold him to his word when he spoke of it having a quick passage.

I believe the intent of the House of Commons is to see this legislation passed in a quick fashion to allow it to go to committee. I have not heard anyone say that the principle of this legislation is something they cannot support. With that type of support for Bill C-48, I would conclude that it is the type of legislation that should get passed through the House to allow the committee to do the fine work that it does.

We need to remember that this is all about keeping the communities that we represent safer. To me, that is so very important. That is why I stand today with my colleagues in support of the legislation with the hope of seeing it passed in a relatively quick fashion.

The House resumed consideration of the motion that Bill C-48, An Act to amend the Criminal Code (bail reform), be read the second time and referred to a committee.

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

Madam Speaker, I want to ask my colleague a question specifically about the widespread support for this bill.

We are seeing premiers from throughout the country, all of them as a matter of fact, applaud this legislation. We have heard the Leader of the Opposition himself say that he would waste absolutely no time in seeing this become law. We know that countless organizations out there, from chiefs of police to police associations, are all in favour of this legislation.

Can the parliamentary secretary provide insight into how quickly he thinks this bill should be able to move through the committee stage, back to the House and to the Senate so we can get this into law?

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

Madam Speaker, it is really important that all of us know and recognize that, at the end of the day, Bill C-48 would make our communities safer. That is the reason we have all sorts of jurisdictions; politicians, whether provincial, municipal and obviously federal; and law enforcement agencies coming out and saying that this particular legislation is good, sound legislation. The reason for that is that it is going to make our communities safer. That is why I am hopeful that, through the support of all members of the House, we will see it pass quickly to committee stage.

The leader of the official opposition made that very clear not that long ago when he said we should get the bill before us and that if we, in essence, stay until midnight, we will get the legislation passed. I would suggest to the Conservative members that if they really want to get this legislation passed today, they will find that the government, the Bloc opposition and the NDP are very receptive. It is up to the Conservatives to get it passed today.

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Madam Speaker, some of the reverse onus provisions in this bill apply only to violent offences with a weapon. I wonder why the government did not include other violent offences where a weapon was not used. Does the member believe that these crimes are less serious? Conservatives have been calling for a total repeal of Bill C-75. Why did the government not do that?