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.

Justice

[Gary Anandasangaree, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada]

Madam Speaker, Canadians deserve to feel safe and be safe.

That is why introduced Bill C-48, a targeted reform to our bail laws, designed to focus on violent repeat offenders, gun and knife violence, and intimate partner violence. This bill is the product of collaboration with the provinces and territories.

I want to quote from the Canadian Association of Chiefs of Police, which said, “We are convinced that the legislative changes put forth in Bill C-48 will go a long way to help eliminate the preventable harm and senseless tragedies attributable to violent and repeat offenders across Canada.”

I invite the Conservative Party—

Criminal Code

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

Madam Speaker, listening to what the member was saying, one can easily draw the conclusion that the private member's bill is fully endorsed, supported and part of the Conservative agenda, with this “tough on crime” attitude Conservatives take on, particularly the far right Conservatives, which is somewhat concerning in itself.

I want to view it from a different approach, and I do not know how many times I heard this from the Minister of Justice himself, that serious crimes deserve serious consequences. There is no doubt the Government of Canada takes very seriously the issue of crime in our communities, our safety and so forth. The actions to date by this government have clearly amplified that.

The question I posed to the sponsor of the bill we are debating this evening was related to the issue of consultation and the work the member has done. Members will notice that, in the response to the question I posed, the member did not work with the different provinces and territories in consultation, or at least report specifically on the provinces' contribution to the debate or the bill the member has brought forward. I do not recall hearing the member say it was provinces X, Y and Z, or a territory or indigenous leadership community supporting the legislation being proposed by the member.

It is important that we recognize, when we talk about our judicial system, that it is a joint responsibility between the provinces, territories, indigenous leaders and Ottawa. To amplify that, I would suggest that one only needs to look at Bill C-48, which is a very important piece of legislation. Prior to it, Conservatives were jumping out of their seats saying that we had to get tough on bail reform, and all that kind of stuff. While they were jumping from their seats, the government was doing its consultations, listening and responding to what the provinces and others were saying about the issue of how we can work together to recognize the importance of having bail reform. There was an opportunity.

Not that long ago we had the discussion in the House. I made the suggestion, and it seemed that members on all sides of the House were supporting the initiatives being taken in Bill C-48. I even cited some very specific quotes because we all know that Bill C-48 is very much a reflection of not only what the provinces and territories in particular were saying, but also what politicians of different political stripes were saying, as well as law enforcement agencies and different advocacy groups. The government did its homework. It did it through consultations. I do not think anyone was coming forward, at least not that I am aware of, saying that conditional sentences should be outright turned into a criminal breach, if in fact there is a violation of a conditional sentence, no matter how minor it might be.

Again, I look to the introducer of the legislation and what we are debating with Bill C-325. Does he realize that, by making it a criminal offence, which is what the legislation is attempting to do, it could criminalize someone on a conditional sentence that does not fall under the Criminal Code? If so, does he not have any issues with that?

One has to question the issue of our judicial system and its independence. They often talk about Bill C-5, which is an important piece of legislation that ultimately enabled judges to have more discretion with things like conditional sentences. The legislation recognized that there are injustices, whether in Black or indigenous communities. There is overrepresentation, and we need to be open to alternatives.

I have more faith in our judges than I do in the Conservative Party members, who tend to want to use the Criminal Code or a tough-on-crime approach in order to generate more money for the Conservative Party of Canada or to appear on a bumper sticker. I believe, as I stated at the very beginning of my comments, that serious crimes deserve serious consequences. I also believe that having conditional sentences for people who do not pose any risk to the public can be a win-win.

Unlike the Conservatives, I recognize the fact that there is a revolving door. We need to recognize that when we lock someone up, eventually, they will come out. Looking at ways in which we can minimize crimes and prevent them from taking place in the first place should be a priority. It is a priority for the government—

[Iqra Khalid, Liberal, Mississauga—Erin Mills, ON]

Madam Speaker, I am here today to speak to the private member's bill, Bill C-325, an act to amend the Criminal Code and the Corrections and Conditional Release Act, on conditions of release and conditional sentences. Let me be clear from the onset. I do not support this bill.

This bill would have significant negative impacts on the criminal justice system, including exacerbating the overincarceration of indigenous people, Black people and members of marginalized communities. This legislation is a backward step toward failed Harper criminal justice policies, which were struck down by the Supreme Court for being unconstitutional. I am proud to have supported the Minister of Justice and our government to reverse these bad policies.

Our approach to criminal justice prioritizes public safety and fairness. We recently introduced Bill C-48, which would reform the bail system to further these same objectives. Bill C-325's goals run contrary to key reforms enacted in former Bill C-5, which aimed to restore judicial discretion to impose fit and proportionate sentences to help address Canada's overincarceration crisis. I was the chair of the justice committee at the time that Bill C-5 was enacted through my committee.

We heard from so many witnesses about the impacts and the importance of judges not only having the discretion of how sentences are imposed, but also having the learning and the awareness of what Canada is, what it looks like and how the diversity of Canada is impacted with our judicial system. That includes ensuring that there is a gender-based analysis plus. That includes ensuring that judges understand and appreciate the lived experiences of people as they are going through the criminal justice system. That gives judges the right and the privilege, appropriately, to ensure that they are providing the right sentences to the people who are going through that system, sentences that are based on rehabilitation, not punishment. That rehabilitation is key.

The numbers really speak for themselves. In 2021-22, indigenous adults accounted for 31% of admissions to provincial and territorial custody, and 33% of admissions to federal custody, while representing only 4.3% of the Canadian adult population. Black adults accounted for 9% of the federal offender population, while representing just 4% of the Canadian adult population. Black and indigenous women are particularly overrepresented, together representing 60% of the federal female offender population.

The overrepresentation of these groups in the Canadian penal system is absolutely unacceptable. It has gone on for way too long. On this side of the House, we believe in the expertise of our judges. Our criminal justice system works better when judges can tailor punishments to suit the crimes and not when Ottawa creates overly broad policies that force judges to rule against their best judgment and their evidence. Bill C-325 would revert elements of our system back to failed Harper-era policies that clogged our prisons, wasted our resources and increased recidivism. This is dangerous, and it cannot pass.

The Conservatives' approach to public safety is one dimensional, unfortunately. They prey on fear to gain support for policies that would unduly lock more people in prison while voting against programs that address the root causes of those crimes. This is a recipe for more crime, not less.

Bill C-325 would endanger communities. I am not sure why the Conservatives think they know better than judges to evaluate public policy risks, public safety risks, but judges know best as they go through each individual crime. Conditional sentences can save lives and rescue families from division and despair. Criminal justice is not a one-size-fits-all exercise.

However, shortsightedness and fearmongering is the Conservative way. Take their opioid crisis strategy, for example. They would prefer to do away with evidence-based policies that target prevention, enforcement, treatment and harm reduction. They would prefer to build new prisons rather than solve the problem. Liberal policies have saved 46,000 people from overdose since 2017. The opioid epidemic is a health crisis, and it must be treated as one.

Restoring restrictions on the ability of judges to issue conditional sentences in appropriate situations would be a step backwards. We know that policies like Bill C-325 produce negative, disproportionate impacts on indigenous people, Black people and marginalized offenders. We refuse to undo the good work of former Bill C-5, which fights this overrepresentation and creates a fairer Canada. Allowing judges greater flexibility to order conditional sentences does not create a risk to public safety, because the current framework requires sentencing courts to ensure that the sentence would not endanger public safety and that it would be consistent with the purpose and the principles of the sentencing.

When former Bill C-5 was studied before the House of Commons Standing Committee on Justice and Human Rights, the Canadian Bar Association lauded the removal of restrictions on conditional sentences as “one of the most important reforms in the criminal law over the last decade.”

It is important to understand that giving judges greater flexibility in their ability to impose conditional sentences does not mean that all offenders will receive them. Individuals who pose a risk to public safety will continue to serve their sentence of imprisonment in jail. Serious crimes will have serious consequences.

Removing these restrictions on judges allows them to issue sentences to lower-risk offenders that not only aim to punish and denounce their conduct, but also focus on rehabilitation within the community. Evidence suggests this approach reduces future criminality.

Further, these proposed reforms are contrary to the government's commitment to fully implement the calls to action made by the Truth and Reconciliation Commission, including call to action 30 to eliminate the overrepresentation of indigenous people in custody over the next decade and call to action 32, which speaks to removing restrictions on the availability of conditional sentences.

I realize I am out of time. I will say again that judges need to have the discretion to give better sentences towards the aim of rehabilitation. That is why I cannot support this bill.

Business of the House

[Randy Boissonnault, Liberal, Minister of Tourism and Associate Minister of Finance]

Mr. Speaker, this is the first time that I have had the honour to share with our very dear colleagues in the House the message concerning the Thursday question. I am very pleased to answer my colleague.

As members know, Bill C-47, the budget implementation act, was reported from committee yesterday, so we will call it for the final stages of debate starting tomorrow and then continue early next week on Monday and Tuesday.

We will also give priority to Bill C-40, the miscarriage of justice review commission act, also known as David and Joyce Milgaard's law; Bill C-48, bail reform; and Bill C-41, humanitarian assistance.

Finally, I would like to inform the House that next Thursday will be an opposition day.

Justice

[David Lametti, Liberal, Minister of Justice and Attorney General of Canada]

Mr. Speaker, there is no such catch-and-release policy. In fact, what we have done in Bill C-48 is address violent repeat offenders, including with knives, including with bear spray. The Government of Manitoba, as well as indigenous peoples, asked for that provision. We provided that, working with provinces and territories.

We need to work together. The provinces have the administration of the justice system as part of their portfolio, their jurisdiction. We need to work with the provinces, not use meaningless rhetoric to try to debase the problem.

[David Lametti, Liberal, Minister of Justice and Attorney General of Canada]

Mr. Speaker, we have been working with provincial premiers, provincial ministers of justice, provincial ministers of public safety, and police associations across Canada to address questions about bail reform. We have done that. We have tabled Bill C-48, which has the support of provinces and police associations across Canada.

Saskatoon's police service deputy chief said, “It's encouraging to see the voices of the community and the policing community across Canada being heard”. He called it “a good move forward”. It is by working together that we can address complex problems like bail—

[David Lametti, Liberal, Minister of Justice]

Mr. Speaker, serious crimes deserve serious consequences.

What we are doing is implementing criminal law reforms that are based on evidence, not meaningless slogans.

With regard to Bill C-48, the president of the Canadian Police Association, Tom Stamatakis, said that police officers appreciate that the ministers “worked collaboratively with stakeholders and introduced this common-sense legislation that responds to the concerns that our members have raised.”

[David Lametti, Liberal, Minister of Justice and Attorney General of Canada]

Mr. Speaker, we have introduced Bill C-48 precisely to address violent repeat offenders with weapons, including knives, which was raised by Manitoba and other provinces. We have done that working in collaboration.

Here is what the Saskatoon police Deputy Chief Cam McBride, who I am sure is a friend of the hon. member, said about our new federal bail. He said that it is “a good move forward. It’s encouraging to see the voices of the community and the policing community across Canada are being heard”.

We have the support of the police. We have the support of provinces and territories here. The only person we do not have the support of is the Leader of the Opposition.

[David Lametti, Liberal, Minister of Justice and Attorney General of Canada]

Mr. Speaker, Bill C-48 targets precisely violent repeat offenders with weapons.

We have been working in close collaboration with the provinces since last October in order to not only come up with a bill that is charter-compliant but also listen to concerns raised by police associations, provincial ministers of justice and public safety ministers. We have come up with a bill that addresses that.

Here is what the Canadian Police Association had to say with respect to the bill: “we appreciate that [ministers]...have worked collaboratively with stakeholders and introduced this common-sense legislation that responds to the concerns”.

[David Lametti, Liberal, Minister of Justice and Attorney General of Canada]

Mr. Speaker, again, from the Canadian Association of Chiefs of Police: “We are convinced that the legislative changes put forth in Bill C-48 will go a long way to help eliminate the preventable harm and senseless tragedies attributable to violent and repeat offenders across Canada.”

We heard from provincial justice ministers and public safety ministers that we needed to attack repeat violent offenders with weapons. That is precisely what we are doing. We have done it in consultation with stakeholders. We have worked and listened to police associations across Canada and we have a bill that will strengthen our legislative framework.

Sitting Resumed

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, there is no hidden agenda on the government's side. We are very much an accountable and transparent government.

It is interesting. The member wants to talk about one issue, and I can say that when I listen to the members talk across the way, they often talk about the bail issue.

We have Bill C-48 that has just been introduced. The Conservatives have a chance here. Bill C-48 is being exceptionally well received, virtually coast to coast to coast.

If they are genuinely concerned about bail reform, what they should be doing is saying, look, let us see if we can actually get this bill passed and out of second reading once it gets introduced, so that it can go to a standing committee.

One of the ways they can demonstrate, instead of all of the complaining and the unparliamentary word that I cannot use, instead of doing that, is to actually look at Bill C-48 and see if we can, once it is introduced for the second reading, get the support for it and send it to committee so that the committee will have all sorts of time then to be able to look at all of the wonderful things it is doing and seeing if maybe there are ways we can improve that.

I say Bill C-48 because the member went off this debate and this is how I would respond to it.

Justice

[Rob Moore, Conservative, Fundy Royal, NB]

Mr. Speaker, the only bail reform in Bill C-48 is in its name. Violent repeat offenders could still count on the Liberal government for its catch-and-release system to get them back out on the street, sometimes within hours of their arrest.

This bill does not substantially improve public safety. In fact, the man who killed Constable Pierzchala would still have been out on release even if this legislation had been in place.

When will the Liberals finally do what they have been asked and end catch-and-release?

[David Lametti, Liberal, Minister of Justice and Attorney General of Canada]

Mr. Speaker, I want to thank the hon. member for Vaughan—Woodbridge for his hard work on this issue.

Canadians deserve to be safe and they deserve to feel safe. That is why today I introduced Bill C-48, a targeted bail reform bill to address violent repeat offenders, gun and knife violence, as well as gender-based violence. It is the product of collaboration with the provinces and territories.

We have had input from mayors, police, parliamentarians as well as indigenous leadership and the legal community. The police associations are already reacting favourably. It is proof of what we can do when Canadians work together.

[David Lametti, Liberal, Minister of Justice and Attorney General of Canada]

Mr. Speaker, as I have said many times, the justice system and the penal system cannot be reduced to a mere slogan. To improve the system and ensure that Canadians have confidence in the system, we must work with the provinces, territories, stakeholders and police associations.

That is exactly what we did for Bill C‑75. That is exactly what we have done for Bill C‑48. That is exactly the government's approach, and it will yield results.

[David Lametti, Liberal, Minister of Justice and Attorney General of Canada]

Mr. Speaker, today I had the honour of introducing Bill C‑48 precisely so we can work with the provinces, with the territories, and with police associations across Canada to strengthen the bail system in Canada.

Let me read from Tom Stamatakis' statement today. He wrote, “we appreciate that [the ministers] have worked collaboratively with stakeholders and introduced this common-sense legislation that responds to the concerns that our members have raised.”