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.

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.

Criminal Code

[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.

[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—

[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.

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

Mr. Speaker, I want to address something that the member said, which is that Bill C-48 would result in more people being in pretrial detention.

Precisely because it allows the option of community-based bail supervision, the opposite would be the case. This bill would actually result in fewer people being detained before their trials. That is the important aspect that New Democrats argued for and convinced the government to include in this bill.

If we are interested in public safety, as I said, yes, we need to deal with repeat violent offenders. We also need to deal with recidivism. The way one deals with recidivism is to keep people out of jail, keep them in their employment, keep them with their families and provide them the supports they need to be productive citizens in this country.

[Xavier Barsalou-Duval, Bloc, Pierre-Boucher—Les Patriotes—Verchères, QC]

Mr. Speaker, I enjoyed my NDP colleague's speech, which seemed to go beyond partisanship. He certainly made an effort to rise above partisanship in his speech.

In it, he mentioned that he thinks too many people will end up in pretrial detention, also known as remand. That would have a major impact on the lives of potentially innocent people, who would no longer be able to pay their mortgage, who would lose their job, and who would lose their relationship with their family and children. Nevertheless, one of the consequences of Bill C‑48 is that it would increase the number of people in pretrial detention.

We think that this bill is worthwhile and that it should be studied because there are some criteria that are worthy of consideration. However, as our justice critic, the member for Rivière-du-Nord, said, the fact remains that the lack of judges is one of the main reasons for how slow our justice system operates. All of these people in pretrial detention are waiting for a trial, but they are not getting one and, in some cases, they are being remanded unfairly. Sometimes, the solution does not necessarily involve changing laws. The government opposite also needs to appoint judges.

Does my NDP colleague agree with that?

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

Mr. Speaker, once again, the member is mixing bail with all kinds of other questions in criminal justice and the Criminal Code. What I do have to say, and I want to emphasize it once again, is that while there are a few cases, and they are not very numerous, of repeat violent offenders reoffending, they are serious and we need to act and take care to make sure those do not happen again.

Bill C-48 addresses those. The police associations across the country say that it does. Premiers are satisfied that it does. I am not sure why the Conservative Party is not satisfied that it would deal with that problem.

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

Mr. Speaker, I am extremely pleased to rise in support of Bill C-48 today.

I did not think we would get the bill to this stage as quickly as we have in this Parliament. One of the reasons we did so is that the justice committee recognized the public concern about repeat violent offenders and problems with bail. It conducted hearings last year and came up with a series of recommendations that helped inform this bill. Therefore, today, we have something before us that the justice committee has already considered, that the premiers have been calling for and support, and that has broad support in the law enforcement community.

Today, we have heard many people talk about things other than bail reform. However, when we talked about bail reform, we heard the minister say that the government is prepared to proceed expeditiously. We have heard the Leader of the Opposition say that the official opposition supports the bill. I heard some more ambiguous things from the last speaker from the Bloc Québécois, but he still said that the Bloc supports the bill. Therefore, the question I have been asking in this session is this: Since we have this broad support for the bill, are we serious about moving expeditiously? Maybe the bill does not have everything that everyone wants, but certainly there is broad support, as well as an urgent need to make the public more confident in our bail-reform system.

Since the leader of the official opposition personally gave me credit for a crime wave on Vancouver Island, I have to take a moment to say that I have dedicated my entire life to working to help keep communities safe. I say that as someone whose professional career was in teaching criminal justice before I came here. Therefore, for him to say that I have somehow supported measures in a deliberate manner that provoke criminality or a crime wave is really quite personally offensive.

What we get from the Leader of the Opposition is talk about common sense. I want to point out a piece of common sense that contradicts most of what he was saying today. Over the last 30 years, we have tripled the number of people in pretrial detention in this country. If detaining more people caused a decrease in crime, we would have way less crime than we have today. Therefore, common sense would tell us that detaining three times as many people does not solve the problem.

Bill C-48 would not cast a broad brush, as the Conservatives are asking for. Rather, it has some narrow and targeted measures aimed at repeat violent offenders; New Democrats are in support of those measures. This means that it would insert a definition of “repeat violent offender” into the Criminal Code so that we would know whom judges should be looking at when it comes to denying bail. It would also create some additional reverse onus categories. “Reverse onus” is a technical term meaning that when it is proposed to put someone in pretrial detention, in certain cases, that person has to show why they should not be detained.

Therefore, the bill would add to the list of offences. It would not create a new category; there are already lots of reverse onus provisions in bail. However, it would add illegal weapons, including handguns. That is an important provision, which I definitely support. People have to go to a lot of trouble to possess an illegal weapon; they do not accidentally possess a handgun. Therefore, if someone has a charge that involves a handgun, they should have to show the judge why they should be released and why they are not a threat to the public.

In addition, the bill would increase the reverse onus in cases of intimate partner violence. Again, we know that when there has been intimate partner violence, it is usually not a one-time incident. When people are charged more than once, this bill would make it much tougher for the offender in an intimate partner relationship to get released, which is something that New Democrats definitely support. It goes along with our proposal, which is now a private member's bill, Bill C-332, sponsored by the member for Victoria.

Bill C-3s32 calls for making coercive and controlling behaviour in intimate partner relationships a criminal offence. That would move the goal posts in the Criminal Code; instead of having to wait for broken bones and bruises, a pattern of behaviour that leads to such violence would be a criminal offence. This would allow earlier intervention and prevent much of that violence from happening in the future.

Therefore, this bill goes together with our proposal on coercive and controlling behaviour to help provide better protections for those who suffer violence in intimate partner relationships. In this country, we continue to lose women to violence; every six days, one woman is killed by an intimate partner. This is part of the urgency of this bill and why I believe that we should deal with it expeditiously.

There is a third piece in this bill that I think no one else has talked about today. It is a piece that came up in the hearings we held at the justice committee. In addition to the real problem we have with repeat violent offenders getting bail, which this bill I believe will solve, we have the problem that we detain way too many people in Canada and at far higher rates than any comparable countries around the world. Why is this a problem? There are two reasons it is a problem.

One is the injustice. One-third of the people who are detained before their trial are never convicted but found innocent. What happens to people who are detained and held in jail before the trial? Most often they lose their job. Often they lose their housing. They lose custody of their kids. There are all kinds of negative impacts for people who are not found guilty of anything. Therefore, we need to improve our systems so we are detaining the people who need to be detained and not detaining other people. Who are the people who are over-detained? Disproportionately they are poor, women, indigenous or racialized Canadians.

This bill adds a provision that would require judges to look at community-based bail supervision programs, which are very successful. The John Howard Society has been running them in Ontario. I am looking through my notes, but I am pretty sure I am right. The success rate of the John Howard Society programs, as limited as they are in Ontario, is about 90%. What does a 90% success rate mean? It means that those people who are on community-based bail supervision have a caseworker assigned to them, they will not commit another offence while they are on bail and they will show up in court when they are supposed to. In the meantime, they can maintain their jobs, housing and custody of their kids. Even if they are eventually found guilty, they may not serve prison time. Therefore, having a community-based bail supervision program would help maintain that coherence of families.

Here is the kicker in all of this. Those who serve even limited time in custody before trial are far more likely to reoffend. If we are actually worried about public safety, one of the best things we could do is get people into community-based bail supervision programs where they are put in touch with the services they need, whether mental health services, substance abuse programs or upgrades to their education. If people are in a community-based bail supervision program, they can get that assistance, which will help lead them out of whatever problems they were in to begin with. When they are in pretrial custody, they are in the provincial system and there are no programs available to them. There are no mental health programs, no addiction programs and no education programs while they wait, with the current delays in our trial system, up to six months for a trial. If we are really interested in public safety, we need to put more people into community-based bail supervision programs, which Bill C-48 would now mandate as an option to be considered by the judge. That would require the Liberal government to provide the upfront funding to get community-based bail supervision programs more widely available across the country.

Now all members will say that the New Democrats are demanding more spending, but guess what? It costs about one-third the amount to put people into community-based bail supervision compared to putting them into custody. Therefore, we need upfront start-up funds for community-based bail supervision, which ultimately would produce huge savings in addition to better public safety outcomes and avoid injustice to those who are eventually found not guilty of the offence for which they were charged.

These are the reasons that I think we need to proceed expeditiously on this bill. We need to get a commitment from the government to help fund community-based bail supervision programs.

I know this bill is going to pass. We had the hearings. The hon. member for Rivière-du-Nord who spoke before me said that he wants to examine the bill. The bill is the result of the hearings we already held at the justice committee, so I do not think there is a need for that detailed examination. Maybe the other opposition parties will decide we have to go to committee and do it all over again, and I am prepared to do that, but we could proceed expeditiously, get this bill passed and get a better start on making Canadians safer.

I am not saying that the concerns that Canadians have about repeat violent offenders are unjust. There are many tragic examples that all too often are exploited in this House for political reasons, and I have sympathy for those families, but we have to pass Bill C-48 to prevent the release of violent offenders.

Let me say the other part of this. New Democrats continue to call for on-demand mental health and substance abuse programs.

When the Conservatives like to talk about the 6,000 rolling, revolving-door incidents in Vancouver, those are not violent crimes. Those are people who are poor, who shoplift, who are drug-addicted or who have mental health issues. If we could get, first of all, better support in this time of increasing costs for all Canadians who are poor, if we could get better mental health programs and if we could get better substance abuse on-demand records, then we will have progress in making communities safer.

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

Mr. Speaker, I thank my colleague. I saw him this summer, and I know he worked hard as well. He did not just kick back and relax. I am glad to see him here today for this debate on the issues that concern us, namely Bill C-48, which is no trivial matter.

My colleague is right. The Liberals have a lamentable habit of using something they themselves dubbed the “Liberalist”. That is appalling. This is neither desirable nor even reasonable in a self-respecting free and democratic society, a society governed by the rule of law. Judges must not be appointed based on their membership in a political party. That is the kind of thing that happens in what is commonly referred to as a “banana republic”. I should hope that the Canadian federation does not see itself as a banana republic. I can say that Quebec certainly does not. I want the federal government to get serious and not make partisan appointments.

Yes, judges must be appointed. The Chief Justice of the Supreme Court is calling for it, and so is the Chief Justice of the Superior Court of Quebec. Everyone has been worrying over the past few months and wondering what the government is waiting for. It has gotten so bad that people are being set free because there is no time to hold trials. Is that acceptable? Is anyone in Quebec or Canada okay with that? I can say that in Quebec, the answer is no. I cannot speak for Canada, but I would be shocked to find anyone in Canada who would say yes.

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

Mr. Speaker, as I said a while ago, my colleague can count on the Bloc Québécois to support any legislation that is consistent with the values and interests of Quebec, including Bill C‑48.

That is not to say that I plan to give carte blanche. We will study the bill, and then we will see. Some amendments will probably be necessary. I look forward to hearing what the minister and some of the experts have to say on the matter.

Obviously, this legislation is not immune to legal challenges. Detaining someone before their trial could be construed as an attack on the presumption of innocence. We will have to wait and see how the courts interpret this and whether such a course is acceptable in the kind of free and democratic society provided for in section 1 of the charter. We will work on the matter in committee and ensure that the legislation comes into force as quickly as possible. We need it.

Now, I would ask my colleague the same question again: Does he plan to work on judicial appointments?

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

Mr. Speaker, I started by saying that I wanted to congratulate the new Minister of Justice and his parliamentary secretary on their appointments. I will have the pleasure of working with them over the coming months and the coming years. I hope we can improve the lot of our people, in Quebec and in Canada, particularly in the area of criminal law.

It is no secret, as people have been saying for a while, that the Liberal government's lax attitude has allowed senseless situations to drag on. I find that unfortunate. I will come back to that.

I look this morning at what is happening with our colleagues in the official opposition and I find that just as unfortunate. What I see is that the official opposition is against everything, except the leader. They falsely claim that the Bloc Québécois supports the creation of a carbon tax when, contrary to the leader of the official opposition's claims, there is a carbon exchange in Quebec. We are not subject to the carbon tax.

For all kinds of good or bad reasons that are their own and that I do not wish to discuss, provinces have decided not to take part in a carbon exchange and prefer to see the carbon tax applied. That is a debate between the Prime Minister of western Canada, who invested in oil in order to be understood, and the leader of the official opposition. They can debate between themselves the rate at which they wish to impose the carbon tax but, in Quebec, we have a carbon exchange. However, the leader of the official opposition does not take that into account.

The leader of the official opposition says that it is thanks to him that hunting rifles were removed from Bill C‑21. We will have to reread the transcripts of the House and committees. The official opposition opposed Bill C‑21, just like it opposes anything that comes from anyone other than the leader of the Conservative Party.

Who worked on getting Bill C‑21 passed and getting rid of the lists that prohibited hunting rifles? It was us, the Bloc Québécois. It was my colleague from Avignon—La Mitis—Matane—Matapédia who stepped up to ensure that the original version of Bill C‑21 was not adopted. She did this extensive and exhausting work day and night for weeks and months. I commend her on that. I am truly grateful for her. The Conservatives kept filibustering to stop our work. It bothers them to see us work.

In the House, the Conservatives are prepared to say just about anything against the party in power, and against the Bloc Québécois and the NDP as opposition parties. I have not heard their thoughts on the Green Party, but I would not be surprised to hear the Conservative leader speak out against the Green Party. The Conservatives are against everything.

That is unfortunate, because there are some Conservatives I really respect. Some of them are excellent members, smart people who would be able to get things done and help us pass bills that would be good everyone and move Quebec and Canadian society forward. They are hamstrung, though. They have to support an ideological leader, a leader who is not interested in concessions and who is against any ideas but his own. What a shame. That is the Canada we are stuck with, and we, the people of Quebec, hope to get out of it ASAP.

Let us get back to Bill C‑48. It is not perfect by any means, but we have to take action. For years now, the Bloc Québécois has been asking the Liberals to make our streets safe and make things better for people in Quebec and the rest of Canada. Yes, the Conservatives supported us on that, but they were so incompetent and ideological about it, not to mention completely uninterested in compromise or discussion. It was unproductive and actually did more harm than good.

Yes, we have been fighting for that. We have been demanding it. We in the Bloc Québécois believe that having firearms in our streets is plain wrong, except in certain circumstances. I have no problem with armed police officers, but we do not want people walking around with illegal, restricted or prohibited firearms.

We have been asking the government to do something about this for a long time. Finally, today we have this bill. It was tabled last spring, just before the House rose for the summer, in late May or early June. I do not remember the exact date. Here we are, at any rate, with this bill before us today. It will not fix everything, but it somewhat does address the issue of offenders who are out on bail and who are not always adequately supervised.

I am more than willing to work on that, but that will not solve everything. It is only part of the problem. The real issue with firearms is that they go through the border as easily as going in and out of a Walmart.

We are asking for the creation of a joint task force to counter gun trafficking, made up of officers from the RCMP, the Sûreté du Québec, the OPP, the Akwesasne police service, or peacekeepers, and the American FBI. We believe we have to get serious about this because guns come in and out across the river and through Akwesasne's territory. The federal government does not seem to think it is that bad. Last year, Quebec invested $6 million to create a surveillance task force to patrol the river and stop gun trafficking. The federal government has done nothing while guns keep circulating. How many more files like this one is the government failing to act on?

Regarding bail, the issue is what we do with people who get arrested before they are found guilty or not guilty. Do we keep these people behind bars, or do we let them go with or without conditions? The bill is looking to get tough on crimes committed with restricted or prohibited firearms. Offenders will be automatically held in custody unless they can show that they pose no threat to society and that they can be set free until their trial. The onus is reversed, which seems to me like a good idea. We are going to get tough on people who carry firearms, who commit robberies for the purpose of stealing firearms or who engage in acts of intimate partner or interpersonal violence. This seems reasonable to me. However, again, the government has done nothing about gun trafficking.

Nothing has been done about the appointment of judges either. We know that the justice system in Quebec and Canada has had to operate under rules set by the Supreme Court in the Jordan decision. Trials now have to take place within specific time frames. Are these time frames reasonable? The Supreme Court, in its wisdom, has decided that they were, and I accept that.

Saying so is just the beginning, though. Judges have to be appointed if those trials are going to be held within the reasonable time frame set by the Supreme Court. If judges are not appointed, if the provinces do not get funding for better administration of justice, then we end up where we are now. There are no courtrooms. There are no clerks. There are no judges. What then? People are being released before their trial even starts. Has the Liberal government saved us from gun-related problems on our streets? I think not. On the contrary, I think the Liberal government has been negligent for years. As people were saying earlier, the Liberal Party has been in power for eight years, but it has been ignoring these problems for years.

The joint task force must be created. Arms trafficking must be stopped. Judges must be appointed. That seems pretty straightforward to me. A selection committee does the lion's share of the work. It sends a list of five or six names to the Minister of Justice, and the minister picks one. How can that possibly take months? Sooner or later, judges have to be appointed and the government has to transfer money to the provinces for the administration of justice. If that does not happen, we wind up where we are now.

People are saying that Bill C‑48 will solve the problem once it it is passed, but it will not. It will solve part of the problem. It will deal with people who are released even though they should not be. The committee will rework the bill, and I am glad we have come this far, but I am really disappointed that this is as far as it goes.

I would like my colleague, the Minister of Justice, to tell us what he is going to do about judicial appointments. In the coming weeks, can we expect judges to be appointed and all vacant positions to be filled, not 10%, 50% or 80% of these positions?

That is all the federal government has to do. The administration of justice is a provincial responsibility. The only thing the federal government has to do is appoint judges. The other thing it has to do, in terms of substantive law, is to adopt the Criminal Code and amend it. Can it do some serious work on this?

I hope that my colleagues in the Conservative official opposition will finally stop filibustering and allow the work to unfold in committee. I hope it will not take 20 years to get Bill C‑48 passed. We will not be here 20 years from now. This Parliament has only a year or two left to run, at most. It is really sad to see the Conservatives keep griping that the Liberals are doing nothing, but then turn around and filibuster when the Liberals do try to do something. I want to get going on this issue. Back home, in Rivière‑du‑Nord, people are fed up with crime. So am I, and I am sure that the same is true everywhere, across both Quebec and Canada. We need to address the situation.

Section 515 of the Criminal Code currently provides that an accused or someone who is charged with an offence will be detained only if necessary to ensure their attendance in court, for the protection or safety of the public or to avoid undermining the public's confidence. These rules strike me as entirely reasonable and sensible.

However, now the government is going to modify these rules by saying that, in certain cases, such as crimes committed with firearms or involving the theft or manufacture of firearms, the crimes will trigger a reverse onus. In the future, the accused will have to prove that they are not a danger to society and that they can be released without fear of failing to return to court, presenting a threat to public safety or undermining public confidence.

I would like to dwell for a moment on the issue of undermining public confidence. It may seem trivial, but it is the basis of our democracy. If the people of Quebec and Canada no longer have confidence in the justice system, it opens up the possibility of serious disorder with lasting effects. I do not want to see people take the law into their own hands. We already have problems with people leaving hospitals without getting treatment because they are tired of waiting so long. They go home, which only makes their condition worse. The same thing must not happen with the justice system.

This is Parliament's job. We must ensure that the rules are reasonable and that everyone, or the vast majority at least, abides by them. We must ensure that the law is applied in a reasonable and satisfactory manner to prevent citizens from “revolting” against the justice system.

It is true that Bill C‑48 will provide a better framework for bail and ensure that people at risk of reoffending are not released back into society while awaiting trial. That said, judges must also be appointed to ensure that these trials are held. Whether or not someone is detained pending trial, if there is no trial, the work will all have been for naught. Judges need to be appointed, and trials need to be held within a reasonable time frame. I think that is just as important.

It is important to recognize that not all accused persons are guilty, as we have already discussed. This is enshrined in the Canadian Charter of Rights and Freedoms and other statutes. There are rules to indicate that people are presumed innocent until proven guilty. Section 6 of the Criminal Code affirms this, as does section 15 of the charter and, implicitly, section 7.

The principle of presumption of innocence must be respected. There are countries where that is not the case, and I would not want to live in those places. I am happy to live here, in Quebec, which is unfortunately in Canada, but at least the same rules of presumption of innocence apply. As we often say, and as the courts have even affirmed, it is better that a guilty person go free than that an innocent person be imprisoned. This can be very discouraging because, for victims, the fact that a guilty person is out on the street makes no sense. However, that is the choice our society has made, and I am willing to accept and uphold that principle.

The decision to release an accused person must be taken very seriously. Bill C-48 seems reasonable to me, but, I as I said, trials must also be held. This requires judges and funding. Is my colleague, the new Minister of Justice, serious about this? Does he intend to do his job properly and appoint as many judges as it takes over the next few weeks to fill all the vacancies? I hope so.

In closing, Bill C‑48 responds to a request made by the 13 provincial and territorial premiers in January 2023. It is now September 2023. I know that things can sometimes take years. In this case, it did not take years because it is still 2023, but the bill has not yet been passed, and perhaps it never will be if my Conservative colleagues oppose it. Regardless, from January of one year to May of the following year is still a rather long time. The government could have acted more quickly, but I still applaud this decision.

I repeat that the Bloc Québécois will work seriously with the government any time its work supports Quebeckers' interests and values. I believe that Bill C-48 does just that, and we support it. We will see what happens after the bill is examined in committee, but we will support it.

However, that will not stop us from continuing to demand that this government get serious about appointing judges, among other things. It will also not stop us from asking our official opposition colleagues to stop obstructing the work of the House when a bill is in line with their interests and those of both their constituents and ours. We are asking the members of the official opposition to take their job seriously and to act responsibly.

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

Mr. Speaker, the safety of our communities is a non-negotiable priority; it can never be partisan. As do parents across this country, I need to know that my sons are safe when they are on their way to school each and every morning.

The measures contained in this bill, Bill C-48, are focused on keeping repeat violent offenders off our streets. We have the support of all law enforcement around the country. We have the support of 13 different provincial and territorial governments, including many Conservative governments that the member opposite works with closely.

The one Conservative who is equivocating on this issue is the Leader of the Opposition. I want to ask him about a statement he gave to journalists, where he said, “We'll pass it this afternoon. In fact, call [the minister] and tell him I'm happy to bring back Parliament today. We'll pass bail reform by midnight.”

Was the Leader of the Opposition being honest when he made that statement?

[Raquel Dancho, Conservative, Kildonan—St. Paul, MB]

Mr. Speaker, even if the Liberals give us an inch when we need miles of reform on public safety, it is very important that we move forward with the small pittance they are providing us in this bill.

However, Bill C-48 is not bail reform, which is what premiers, police forces, provincial justice ministers and civic leaders are all asking for. They are not asking for tweaks on the margins; they are asking for broad bail reform. What the Liberals are proposing today is not that.

I will draw the minister's attention to the fact that there has been a consistent Liberal government theme over the last number of years of going soft on criminals. It is not just Bill C-75 that made it easy to get bail. Bill C-5 removed mandatory minimums for violent gun offences and permitted more house arrest for rapists. Bill C-83 allowed mass murderers, like Paul Bernardo, to be transferred to medium-security prisons.

This is a theme, a perspective that the Liberals bring to the table, which has resulted in more violent crime, and that will not be solved by a measly seven-page bill, Bill C-48.

[René Villemure, Bloc, Trois-Rivières, QC]

Mr. Speaker, let me congratulate you on the success of this return to Parliament.

I also wish to congratulate the minister on his promotion. I am sure we will have ample opportunities to work together in the future.

I have a question for the minister. I am concerned that any tampering with the presumption of innocence or the right to remain silent could set dangerous precedents.

My question is simple. In its current form, is Bill C‑48 fair?

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

moved that Bill C-48, An Act to amend the Criminal Code (bail reform), be read the second time and referred to a committee.

Mr. Speaker, I rise today to speak to Bill C-48.

As this is my first time rising in this chamber as Minister of Justice and Attorney General, I want to first thank the Prime Minister for placing his confidence in me and appointing me to this position. I want to thank the constituents of Parkdale—High Park for their faith in me over the past three elections. I look forward to continuing to earn their support in this new role. I also want to thank my parents and my sister for always empowering me to dream, and I want to thank my wife and children for supporting me in realizing my dreams.

There is another person in this chamber without whose work I could not be engaging in this, and that is the hon. member for LaSalle—Émard—Verdun. The work he has done over the past four and a half years has made Canada a better place and the justice system more fair. His work will continue to inspire me in the work that I do in this role.

Lastly, I want to congratulate my parliamentary secretary, the member for Etobicoke—Lakeshore. I have the pleasure of having him as a riding neighbour in Toronto, and I am very excited to work with this excellent lawyer and parliamentarian to improve Canada's justice system.

Bill C-48 will strengthen Canada's bail laws to address the public's concerns relating to repeat violent offending and offences involving firearms and other weapons. It is a response to direct requests we have received from provinces, territories and law enforcement.

I know that these issues are of top concern for all parties in this chamber and indeed all Canadians. I look forward to seeing everyone in this chamber, across party lines, help pass this bill quickly in order to make Canadians safer. We have heard support for this package from provincial and territorial counterparts across the country of all political stripes as well as municipal leaders, police and victim organizations.

I want to begin by expressing my sincere condolences to the families of those we have lost recently in senseless killings. My mind turns to the family of Gabriel Magalhaes who was fatally stabbed at a subway station in my very own riding of Parkdale—High Park. The country mourns with them. This violence is unacceptable and we cannot stand for it. Canadians deserve to be safe in their communities from coast to coast to coast.

As a father, I am personally concerned about crime and violence. I want to make sure that my two boys are protected, as are all Canadian families. That is one of my goals as justice minister. This bill will help advance that goal.

Our government is working to ensure that these crimes cannot be repeated, which means tackling crime as well as what causes crime. We are the party of the Canadian Charter of Rights and Freedoms. Canadians expect laws that both keep them safe and respect the rights that are entrenched in the charter. In Bill C-48, we have struck that important balance. This legislation recognizes the harms posed by repeat violent offenders and would improve our bail system to better reflect this reality.

I will take a moment to remind my colleagues about the values we hold on this side of the House. Public safety is paramount for our Liberal government. This means ensuring that serious crimes will always have serious consequences. It also means improving mental health supports and social services that will prevent crime in the first place and help offenders to get the support or treatment they need to reintegrate safely into communities after they have served their sentence. We believe that investing in our communities ensures safety in the long term.

I was dismayed by the comments made by the Leader of the Opposition in the spring. He would rather engage in fearmongering for political gain instead of doing what is right: coming up with real solutions. He advocates for measures that would limit Canadians' charter rights. He points fingers instead of acknowledging the root causes of crime. The Leader of the Opposition has ignored evidence; he has voted against progress. I am dismayed, but I am not surprised. The Conservative approach to criminal justice has been short-sighted. We cannot return to Harper-era policies of clogged prisons, court delays, wasted resources and increased recidivism.

However, I was heartened to hear the Leader of the Opposition, on August 18, just about a month ago, say, “I am happy to bring back Parliament today and will pass bill reform by midnight” tonight. Well, Parliament is back. We are here. I am willing to put in the work to have this bill pass by midnight tonight. I hope the Leader of the Opposition will stay true to his word and is ready to do the same along with his caucus colleagues. Premiers around the country want this. Police around the country want this. Canadians around the country want this. Let us get this done; the clock is ticking.

What are the specific measures we are speaking about in Bill C-48? According to existing Canadian law, bail can be denied in three circumstances: to ensure the attendance of the accused in court, to protect the public and to maintain public confidence in the administration of justice.

Justice ministers across Canada agree that the bail system functions properly in most cases. However, at the same time, we heard there are challenges with the bail system when it comes to repeat violent offenders. Circumstances change and our justice system should reflect those changes. We are always open to making the system better. When we see a problem, we act. That is what Bill C-48 is about.

The targeted reforms in this bill would improve bail in five regards, as follows: first, by enacting a new reverse onus for repeat violent offending involving weapons; second, by adding certain firearms offences to the provisions that would trigger a reverse onus; third, by expanding the current intimate partner violence reverse onus, fourth, by clarifying the meaning of a prohibition order for the purpose of an existing reverse onus provision; and last, by adding new considerations and requirements for courts regarding the violent history of an accused and community safety.

Let me start, first of all, with the newly proposed reverse onus. A reverse onus at bail starts with a presumption that an accused person will be detained pending trial unless they can show why they should be released. The onus is on the accused. It sends a strong message to the courts that Parliament believes bail should be harder to get when there is an increased risk to public safety or because a release in these cases would undermine confidence in the system. Importantly, the decision and the discretion to deny bail rests with the courts, which are best placed to make such determinations.

This new reverse onus would apply in the following situations: when violence was used, threatened or attempted with the use of a weapon in the commission of the offence; when the offence is punishable by a sentence of 10 or more years in prison; and when the accused has been charged with another offence that meets these criteria in the past five years.

Bill C-48 targets repeat violent offending. My provincial and territorial counterparts and the police have told us this is what we need to address. We are delivering in terms of that specific request.

The new reverse onus targets the use of dangerous weapons. What am I speaking about? I am talking about firearms, knives and bear spray, which I know has been a particularly acute problem in the prairie provinces, thus the direct ask that was made of me and my predecessor.

In the second category, we are cracking down on firearms offences. Bill C-48 would create a reverse onus for additional indictable firearms offences. When the premiers of the country came together in January and wrote to the Prime Minister, they said a reverse onus was needed on unlawful possession of a loaded or easily loaded prohibited or restricted firearm. This bill would deliver that.

On top of what they asked us for in January, we added additional provisions. Those are if one is charged with breaking and entering to steal a firearm, if one is involved in a robbery to steal a firearm and if one is charged with making an automatic firearm. In all those additional instances, the onus would be reversed, which would make bail much more difficult to receive.

Gun crime is a serious threat to public safety. We heard this from coast to coast to coast in this country. We heard about this in this chamber. We have seen too many lives lost and innocent people hurt because of guns. Our government knows when a gun is involved the risk is so much greater. That is why we are expanding the reverse onus provisions to make it harder to get bail in those circumstances.

These reforms respond directly to the calls of the 13 premiers across this country, some who share my political party stripe, many who share the Speaker's and Conservative Party's political stripe, and some who share the NPD's political stripe. What is important is it is a multipartisan approach. The reforms also reflect the perspectives of law enforcement partners to make bail more onerous for accused persons charged with serious firearms offences.

My third category is that this bill would strengthen the existing reverse onus that applies to accused persons charged with an offence involving intimate partner violence where they have a previous conviction for this type of offence. As members may recall, this particular reverse onus was enacted through former Bill C-75, which received royal assent in June 2019. It makes it more difficult for an accused person to get bail where a pattern of violence against an intimate partner is being alleged. The goal is to provide further protection to victims from the escalating nature of this type of violence. Our Liberal government, under the direct leadership of the Prime Minister, has always taken the issue of intimate partner violence seriously and will continue to protect victims of such violence.

The fourth key element of this bill is that it clarifies the meaning of a prohibition order at the bail stage.

Right now, the reverse onus applies at the bail stage when a person has allegedly committed a firearm-related offence while subject to a firearms prohibition order.

The bill clearly states that the reverse onus will also apply in cases of bail orders that carry a condition prohibiting the accused from being in possession of firearms or other weapons. This amendment serves to strengthen the existing reverse onus provision by making it clearer and easier to apply.

The final key proposal among the group of five that I mentioned at the outset relates to what considerations a court must make and take when deciding whether to release someone on bail. In 2019, the former Bill C-75 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 whether the charges involved intimate partner violence. That very provision would now be expanded to expressly require courts to consider whether the accused's criminal record includes a history of convictions involving violence. This would help strengthen public confidence and public safety, because bail courts would now 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 onuses do not apply.

The bail provisions would be further amended to require a court to state on the record that it considered the safety and security of the community in relation to the alleged offence. Let me repeat that: This bill, once it passes, and indeed I hope it passes today, would require a court to state on the record that it considered the safety and security of the community in relation to the alleged offence when making a bail order. That is listening to communities and responding to their needs directly through parliamentary action. It would complement the current requirement that the court consider the safety and security of any victim.

This amendment would address specific concerns I have heard from municipalities, indigenous communities, racialized communities and marginalized communities. Our collective safety matters critically in bail decisions. This is an important change. Members of small rural communities have told us that the release of an accused on bail can have significant implications for their residents. This change would require the courts to explicitly consider the wishes of those very communities.

It is our government's responsibility to ensure that legislative measures are consistent with the Canadian Charter of Rights and Freedoms. I am confident that the proposed measures are compliant. More information is provided in the charter statement for this bill, which is available on the Justice Canada website.

I am deeply committed to ensuring that any measures taken in the chamber by this Parliament would not exacerbate the overrepresentation of indigenous, Black and racialized persons in our criminal justice system. We must not further marginalize and disadvantage vulnerable people, including those struggling with poverty, homelessness and mental health and substance use issues.

The government is committed to addressing systemic discrimination in Canada's criminal justice system. I believe that the approach taken in this bill, which makes narrow but important changes, is evidence of that.

The measures proposed in the bill are the result of extensive collaboration among federal, provincial and territorial governments. Members may be aware that the previous ministers of justice and of public safety convened an urgent meeting on March 10 of this year with their provincial and territorial counterparts to discuss ways to strengthen the bail system. This was a productive meeting. The ministers agreed that law reform was necessary but was only part of the solution. The provinces and territories expressed willingness to take action in various areas themselves, including improved data collection, policies, practices, training and programs in the area of bail support and bail enforcement.

I am very encouraged by the efforts by these provincial and territorial partners that are already taking place to improve the bail system in Canada. They are our partners in this issue. They will be our partners in rendering Canada more safe. For example, Ontario and Manitoba have announced commitments to enhance bail compliance measures, among other things, to increase public safety and to address concerns posed by those engaged in repeat violent offending. In British Columbia, the premier has also stepped up and made significant investments to strengthen enforcement and improve interventions in relation to repeat violent offending. I believe that any criminal law reform enacted by Parliament will be even more effective because of such actions taken by the provinces I have just listed, and I am hoping that every province follows suit.

The position I am taking and pronouncing here in the chamber, which is entrenched in Bill C-48, is backed up by law enforcement. Brian Sauvé, president of the National Police Federation, said this on this very issue:

We also see the federal government's tabling of Bill C-48 in June as a good first step, but this cannot be the only solution. Provincial and territorial governments must now look at their own justice systems and make needed improvements. Our justice system is complex with many interrelated challenges and flaws that cannot be addressed through legislation alone.

Apart from the Criminal Code reform, our government is also fighting crime through non-legislative means. For example, the Minister of Public Safety announced $390 million in funding to help fight gangs and gun crime. This kind of funding will support provincial government initiatives related to the bail system and will complement our efforts to crack down on firearms through Bill C‑21.

Ultimately, we all have a role to play in keeping our communities safe. I would be remiss not to acknowledge the dedication and service of law enforcement personnel across our country in doing exactly that: protecting the safety of our communities, sometimes jeopardizing their own personal safety in doing so.

We are pleased that the police associations across the country have come out in support of Bill C-48. This past weekend, in my very own riding of Parkdale—High Park, I hosted the Toronto chief of police, Myron Demkiw, for a festival. He personally expressed to me his hope that Bill C-48 would become law as soon as possible. When I told him it would be debated first thing on Monday, he said, “Dyakuyu”, which means “thank you” in Ukrainian.

We have also discussed bail in meetings with representatives from national indigenous organizations. Their views were and continue to be welcomed. This helps us to better understand what is needed in relation to criminal justice system reform and keeping all communities safe.

Our government takes cases of repeat violent offending and offences involving firearms or other weapons very seriously. Our goal of protecting public safety and victims plays a major role in our analysis of how the bail system operates and whether it is performing as planned.

Bill C-48 demonstrates our commitment to taking action at the federal level to strengthen the bail system in response to the challenges raised over the past several months. Provinces, territories and law enforcement have all lauded this legislation. They come from political parties of varying stripes. This is not a partisan issue. It is about safety, and it is now our turn to pass this bill swiftly.

I started off by acknowledging some people who have been important in my life, and I want to return to that message right now. I talked about my parents and my sister. When those three people and I came here from Uganda as refugees in 1952, we were fleeing the persecution of General Idi Amin. We came here for one thing above all else: safety. We came here because Canada offered that safety and the prospect of a better life. That concern remains alive and well 51 years later for me and everyone who has the ability, honour and privilege of calling this country home. We have the ability today to do something that promotes and advances safety. I hope we can all do it co-operatively and collegially, and can get this done today.