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

[Melissa Lantsman, Conservative, Thornhill, ON]

Madam Speaker, I think the solution is very clear. Violent suspects who break their conditions of bail should be automatically remanded to jail until their court date. It is the jail, not bail solution. It is what is going to keep our communities safe. It is what is going to stop the incidence of repeat violent crime that is a problem in every one of our neighbourhoods, on every transit system, and in the justice minister's own community. I suggest that if Canadians want a solution to bring home safe streets, they will have the option to elect a Conservative government in the next election.

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

Madam Speaker, my question for the member for Thornhill has to do with solving the large number of repeat offenders who are not involved in violent crime. I wonder if she would agree with me that part of the solution for most of the people who cause most of those cases the Conservatives like to talk about is to get people into substance abuse treatment and mental health programs and lift them out of poverty so they can truly become more productive members of our Canadian society.

Instead, the Conservatives have been arguing against a lot of the decriminalization of drugs that would lead to better treatment programs. Which is it for the Conservatives? Are we going to put money into resources and treatment so we can reduce this incidence of crime in our local communities?

[Melissa Lantsman, Conservative, Thornhill, ON]

Madam Speaker, I am actually glad to hear my hon. colleague talk about treatment, because it is often something that is overlooked in what the NDP consistently pushes, which is safe supply. It is not working. There is a 300% increase in overdoses in this country. The member would know that in the city of Vancouver, in his own province, 6,000 crimes are committed by 40 criminals, which on average is 150 crimes per criminal. I do not know how this bill or anything the member suggests would be a solution to putting those 40 people away and solving 6,000 charged crimes. That is a countless number of victims of those crimes who do not come home every night to their families. We could stop this, but this bill would not do that.

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

Madam Speaker, I do not want the member to give the impression that crime did not exist during the Harper and Conservative governments. I was a justice critic in Manitoba when we had serious issues with automobile thefts. It was the highest per capita in the whole country. I think there were close to 12,000 in one year. At the end of the day, we have to recognize that it is not just Ottawa. Our justice system is a shared responsibility, and it took the province to take action in order to get rid of some of those issues. I wonder if she can provide her thoughts on this. Instead of blaming Ottawa for all these problems, does she not recognize that the provinces and territories also have a role to play?

[Melissa Lantsman, Conservative, Thornhill, ON]

Madam Speaker, I appreciate the member's intervention, but today we are talking about provisions in the federal Criminal Code, which can be changed to make things better.

I will make a plea to those who are watching in my own riding. I have never in my entire life growing up in my community, in the city of Toronto, taking transit, been afraid until this year. I have rattled off the incidents and I could not even get through it. I know that is how people at home feel. I know that is, in large part, due to the soft-on-criminal-justice policies that the current Liberals have enacted in this country.

[Kerry-Lynne Findlay, Conservative, South Surrey—White Rock, BC]

Madam Speaker, let me first echo the comments of the Leader of the Opposition in response to the news earlier today and offer my sincerest condolences to the family of Hardeep Singh Nijjar, who was murdered near my home in Surrey.

Crime, chaos and disorder is the Prime Minister's legacy after eight years. This is the direct result of his dangerous soft-on-crime policies. Canadians' lives and sense of security are being destroyed in record numbers by criminals who should never have been out roaming the streets in the first place. Canadians are not feeling safe in their communities, on public transit, at public events or in coffee shops. They are rightly worried that they may be the next victim of the Prime Minister's crime wave.

The government's own statistics illustrate a stark reality. Violent crime has gone up 39%. Gang-related homicides are up 108%. Sex crimes against children are up 126%. Gun crime has increased every year and is up over 100% since 2015. The Prime Minister's response is to go after law-abiding hunters.

Across the country, murders are up 43%, the highest rate in 30 years. In Vancouver alone, murders have gone up 55%, and firearms-related offences are up 22%. In the last seven months alone, eight police officers were killed in the line of duty. There were eight in seven months. These statistics are alarming. We in the federal government, charged with national security, can never forget that they are more than statistics. These are real crimes happening to real people, with devastating consequences.

There are commuters carjacked at gunpoint, students lit on fire on the bus, teenagers stabbed at the subway and executions in the street, parking lots and driveways. This crime wave is a direct result of Liberal legislation passed, which was sponsored by the most radical minister of justice in Canadian history, the member for LaSalle—Émard—Verdun. His bill broke the bail system. Where is he now? He is no longer in cabinet. Under his bill, Bill C-75, the catch-and-release act, violent offenders are arrested, then released on a promise that they will appear in court. They then commit another offence within hours. They have time and opportunity to commit crimes literally morning, afternoon and evening.

Take Vancouver, for example. As my colleague just mentioned, the same 40 offenders were arrested 6,000 times in a single year. That is 150 arrests each. Last year in Toronto, there were 17 gun-related murders committed by violent criminals out on bail. This summer in Edmonton, a father of seven children was stabbed in the chest, murdered at a transit station. Again, the accused was out on bail. The crime wave is evident in B.C. as it is elsewhere. In Surrey last April, a 17-year-old boy named Ethan Bespflug was stabbed and killed on a bus. A few days later, a young man was stabbed on the SkyTrain. In August, a man was shot in the face at a Surrey bus stop.

Recently, at Vancouver's Light Up Chinatown! festival, meant to bring the community together, a man who previously had murdered his teenage daughter by stabbing her stabbed three people. Last Thursday, Vancouver police arrested a man for four assaults committed in the span of 45 minutes. He used a chain and a concrete block.

One of the most horrific incidents in downtown Vancouver was last March. It was videotaped and shown on social media. A man standing outside a Starbucks was brutally and senselessly attacked, stabbed to death in front of his wife and daughter in broad daylight. We are talking about mothers and fathers, sons and daughters, brothers and sisters, friends and neighbours.

Sadly, the urgency of this crime wave seems to be lost on the new Minister of Justice. Just days after he was sworn in, he said, “'I think that empirically it's unlikely” Canada is becoming less safe. He is in complete denial of the dangerous reality on the streets. He is telling victims of crime and Canadians who are rightly concerned, many living every day in fear, that it is all in their heads. Even by Liberal standards this was a ridiculous statement. Frankly, he should apologize for it.

For Liberal elites in their ivory towers, understanding the reality Canadians are facing in our communities is a difficult concept. I am pleased to see that the Liberals have finally woken up and are paying some attention to the heinous violence committed by criminals on bail. They should be listening to the experience of frontline law enforcement officers.

Constable Shaelyn Yang was tragically and senselessly stabbed to death while on duty by a man who was arrested for assault and out on bail on the condition that he would appear in court. He failed to appear. A warrant was issued for his rearrest, and when Constable Yang found him living in a park in Burnaby, he murdered her.

The case of Constable Yang is sadly not isolated. Last December, Constable Greg Pierzchala was shot and killed in the line of duty. The accused was out on bail, had a lengthy criminal record, including assaulting a peace officer, and was the subject of a lifetime firearm prohibition. Did I mention that he was shot?

Following this despicable murder, all 13 premiers wrote a joint letter to the Prime Minister demanding urgent action. Finally, after public blowback, the united call for change from the premiers and fierce criticism in the House from the Conservatives, the Liberals have admitted that they broke the bail system.

Today the Liberals have brought forward Bill C-48. We should all support this bill because it imposes a reverse onus on certain firearms offences and requires courts to consider the violent history of an accused. This is the reason the Conservatives asked for unanimous consent to pass this bill today. The NDP initially denied consent but has since agreed with the Conservatives that this bill should be passed today at all stages.

It is our view that Bill C-48 is a good start but still falls short, and a Conservative government will take steps to strengthen it. The legislation in its current form ignores several key recommendations put forward by the premiers, including the creation of a definition within the Criminal Code for serious prolific offenders and to initiate a thorough review of Canada's bail system.

Under Bill C-48, the accused killer of OPP Constable Pierzchala and countless other repeat violent offenders would have still been released back into the community. Under pressure from the Conservatives, the Liberals have now proposed a partial fix to an obviously broken bail system. The Conservatives can be counted on to fight for common-sense, thorough and meaningful improvements when we form government. It remains doubtful that the dangerous NDP-Liberal coalition will ever put the rights of victims ahead of the rights of criminals.

Last year, this coalition passed Bill C-5, removing mandatory prison time for serious crimes, including robbery with a firearm, extortion with a firearm, discharging a firearm with intent, drug trafficking and the production of heroin, crystal meth or fentanyl. Bill C-5 also expanded the use of house arrest for several offences, including criminal harassment, kidnapping and sexual assault.

Thanks to NDP and Liberal MPs, those who commit sexual assault can serve their sentence at home in the same community as their victim. Think about that. The Liberals and the NDP would rather be on the side of violent men than their female victims. There is perhaps no greater example of this than the case of Paul Bernardo, a notorious serial rapist and killer of teenage girls. The Liberals allowed that monster to be transferred out of maximum security and into medium security over the objections of the victims' families. We brought a motion to the House calling for Bernardo to be returned to maximum security but Liberal members denied consent.

All of this is proof that the Liberal Party and its partners in the NDP cannot be counted on to protect victims or to restore safe streets. For that, we need a change in government. A common-sense Conservative government will bring home desperately needed safety to our streets, and we will do it by ensuring that prolific offenders remain behind bars while awaiting trial. The days of catch and release will be over.

After eight years, crime, chaos and disorder in our streets is the new normal. It should never be normal. Conservatives know we have a lot of work ahead, but we will fix our broken bail system and bring back safety to our communities.

[Don Davies, NDP, Vancouver Kingsway, BC]

Madam Speaker, my hon. colleague's speech was pretty wide-ranging and touched on a number of things. It contributed to the debate, but in some cases it did not.

We are talking about bail conditions and how we deal with people who commit crimes on bail. The member raised the tragedy outside the Starbucks in Vancouver, where Mr. Schmidt was knifed to death. However, that was by a person who was not out on bail, so I am not sure what that has to do with the legislation that is under consideration.

The current bail law in this country is that bail can be denied when an accused's criminal record is taken into account, particularly if they have failed to comply with past bail conditions or court orders. It is the law now that bail can be denied by a judge if someone has failed to comply with bail conditions in the past or if they have a repeat criminal record.

Could the member explain to us why she thinks the current law is not sufficient to keep those people in jail pending their trial, when that is the law right now?

[Kerry-Lynne Findlay, Conservative, South Surrey—White Rock, BC]

Madam Speaker, the reference to the horrific murder outside the Starbucks is about the rise in violent crime generally in Canada, and in my province of British Columbia, which we see unfortunately playing out, including on social media where people, and it is hard to even say, tape and send the videos out of actual murders of Canadian citizens.

That was one such situation. It is horrific. It has been brought about by an overall attitude of the Liberals and NDP in their coalition that is soft on crime and that does not deal with the most prolific repeat violent offenders. That is who we want to see targeted in our Criminal Code legislation. We will take the steps to do what is needed to get that job done.

[Pat Kelly, Conservative, Calgary Rocky Ridge, AB]

Madam Speaker, the member did a great job in her speech of going through the litany of what has unravelled in our criminal justice system under the current government.

During the debate, the Liberals are stepping back, as if they have had nothing to do with the problem that needs to be fixed, and they are taking credit for just following the recommendations the provinces made on bail reform.

Could the member take a moment to again reinforce the extent to which specific actions the Liberal government has undertaken over the last eight years have brought us to where we are today?

[Kerry-Lynne Findlay, Conservative, South Surrey—White Rock, BC]

Madam Speaker, the concern is over the philosophy of catch-and-release.

It is a term we usually use when fishing. However, it has come to mean someone being arrested, sometimes for a violent crime, early in the day, then the police seeing that person going down the street in the afternoon, and they end up arresting them for another crime. Then the police see that person in the evening, and there they are again arresting them for something they have done with criminal intent.

This idea of catch-and-release, this endless revolving door, does not work. There is no deterrence at all in a system like that when we are talking about people prone to violence, when we are talking people who would attack with chains and concrete blocks, who stab strangers at public events. This is destroying confidence in our justice system.

At the end of the day, the federal government has control over the Criminal Code, over sentencing and how this should go forward.

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

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

Before I begin, I just want to recognize a constituent who passed away, Ms. Anna Russo. I know that she leaves behind a daughter, Pina Russo. Her daughter Susie Russo, who was beloved in the Italian community, predeceased her. I send my condolences to the family.

My question to my hon. colleague is this: The member for Vancouver Kingsway just mentioned that people can be detained on their record. I recently spoke to a prosecutor who told me that somebody was in court for a bail hearing with 12 open files. Would my colleague agree that this is out of control, given those circumstances, and that we are not just dealing with one or two times of repeat offenders?

[Kerry-Lynne Findlay, Conservative, South Surrey—White Rock, BC]

Madam Speaker, ultimately, we are dealing with an approach to dealing with criminality. When the approach is to do the least amount necessary, that is what ends up happening. The least amount is done in response to egregious acts of criminality.

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

Madam Speaker, I will be sharing my time with the hon. member for Richmond Hill.

This being my first time rising in my new role as the Parliamentary Secretary to the Minister of Justice and Attorney General, I hope members will indulge me for a moment. I want to thank the Prime Minister for placing his confidence in me. I want to say how much I look forward to working with our newly minted Minister of Justice, who is my friend and colleague, and in whom I have great faith.

I also want to reflect on some personal matters and how I arrived in this position today. I have been very lucky in my life to have a number of mentors. I think of my spouse, Deirdre, who could not be here today.

When I was called to the bar in Ontario in 1996, the Hon. Allan Rock was the minister of justice. He served as a role model to me throughout my career.

I think of my mother, who was engaged in politics her whole life and who taught me more about this process than anybody I have known. I think of my late father, who sat on the Supreme Court of Ontario for 26 years, from whom I learned more about life and law than any other person in the world.

I practised law for 20 years before I took on this role, and I could not be more proud. I will do my best. I commit to the House, colleagues on all sides, to do my best, to listen and to learn from all members.

With that background, I could not be happier to be starting my first day with this bill, something as important as Bill C-48, an act to amend the Criminal Code, bail reform.

This bill is an essential step in addressing growing concerns relating to how the bail system deals with repeat violent offenders involving the use of weapons, offending involving the use of firearms, and offending involving repeat intimate partner violence. The Government of Canada is unwavering in its commitment to ensure that our criminal laws, including our bail regime, keep all people in Canada safe.

I do not think I am alone in asserting that Canada is, for the most part, a very safe country. However, recent acts of violence have shaken the public's confidence in community safety. We stand, on this side of the House, and in all of the House, I dare say, wholeheartedly with Canadians, and I assure everyone we take threats on public safety very seriously.

The premiers of all the provinces and territories support Bill C-48. Police associations across our nation support Bill C-48. I was so pleased to see the Conservatives today stand up a short time ago to join us in support of this bill today, and I thank them for that.

I want to acknowledge the people who are most likely to be victims of violence in this country. Data shows that women are at a greater risk of being victims of violent crime than men. In 2019, the rate of violent victimization among women was nearly double that of men.

Further, indigenous women are especially vulnerable and reported an overall rate of violent victimization that was double that of non-indigenous women. Women with a disability are also at a higher and greater risk as they are twice as likely to be victims of violent crime as compared to women who do not have a disability.

Protecting victims, promoting community safety and reinforcing public confidence in the administration of justice are of paramount importance. This is why the criminal justice system includes mechanisms to support these objectives, including the strong bail system. Our government, as I said, is committed to upholding public safety by addressing the root causes of crime and holding criminals to account.

I have pages and pages of notes here. I was going to chastise the Conservatives for not supporting this bill today, but they pulled the rug right out from under me.

I do want to pause to reflect on something for a moment. I think it is important when we are speaking about any piece of legislation and in particular one that is so critical, vital and important to this one, that we have to tone down the rhetoric.

Making these absolute statements that people know to be false is not productive. They are not true, and they undermine the confidence of Canadians in our justice system, which is one of the best in the world. I am asking my colleagues, on all sides of the House, to please stop it.

We recognize that there is a need for legislative and non-legislative action to ensure that our bail system operates as intended in all cases.

The legislative part of the solution falls under federal responsibility, which is why the Minister of Justice introduced Bill C-48 to propose targeted Criminal Code amendments that aim to reinforce the bail system. We are pleased to have the support of all 13 premiers.

The bill proposes the creation of a new reverse onus for accused persons who are charged with a serious offence involving violence and the use of a weapon where they have been previously convicted of an offence with the same criteria within the past five years. This would make it harder for accused persons who have a history of repeat, violent offending to obtain bail.

This bill also proposes to strengthen the existing intimate partner violence reverse onus provision to apply not only to those who have a past conviction but also to those who have a past discharge for intimate partner violence. This amendment recognizes the potential elevated risk of reoffending for accused persons who have a history of intimate partner violence related offences. It also aims to address the risk accused persons may pose to public safety, especially for their intimate partners and other family members, including each partner's children, should they be released.

The bill would also require courts to consider if the accused person's criminal record includes any past convictions for violent offending and to include on the record a statement that they considered the safety and security of the community in relation to the alleged offence when making a bail order. The latter amendment further emphasizes the need to consider the impact of release not only on victims but also on the community.

Given the higher rates of victimization among indigenous people, especially in remote locations, considering community safety and security when contemplating the released of accused persons on bail is especially important. This becomes clear when one considers the recent case from Vuntut Gwitchin First Nation.

The government is committed to changing our nation's bail regime without causing undue harm to communities that are already overrepresented in pretrial detention and in our criminal justice system more generally. These communities include indigenous and Black accused persons and accused persons from vulnerable groups, such as individuals with mental health and addiction issues.

A safe Canada is in everyone's best interest. It is beneath all of us to suggest anyone in this place disagrees. I hope my colleagues across the aisle acknowledge our common goal, and I look forward to working with them, not just on this bill, but on many going forward.

[Cheryl Gallant, Conservative, Renfrew—Nipissing—Pembroke, ON]

Madam Speaker, I send my congratulations to our colleague across the way for his promotion.

In light of the government's record of being crime rate deniers, it is a relief to see it reversing one of the many measures implemented in Bill C-75, but I was particularly interested in the aspect of firearms making the potential for bail even more unlikely.

Specifically, on October 31 of this year, tens of thousands of people across Canada are going to become paper criminals because they have not handed in their AR-15, although they legally own them. Because these violations involve a firearm and it is a criminal offence, I am wondering where they are going to put all the tens of thousands of people who become criminals on October 31 because they legally own an AR-15.

[James Maloney, Liberal, Etobicoke—Lakeshore, ON]

Madam Speaker, on calling us “crime rate deniers”, as I said in my speech, how is that productive in this discussion or in any other discussion? What kind of message does that send to Canadians? If she or any other member of the House think that anybody on this side of the House is soft on crime and wants bad guys out on the street, they are just wrong, and everybody knows it, so I ask the member stop saying it, please.

As for the weapons she is talking about, I was born and raised in Thunder Bay. I had my hunting licence when I was 16. Never in my life did anybody say, “Hey, can you hand me the AR-15.”

Bill C-21 is strong legislation. We worked hard, including with members on the opposite side of the House, some of whom are in this chamber right now. I am a hunter myself. I would never do anything that would in any way infringe on the rights of Canadians who are legally exercising their right to go hunting and engage in that sporting activity.