Bill C-5

An Act to amend the Criminal Code and the Controlled Drugs and Substances Act

This enactment amends the Criminal Code and the Controlled Drugs and Substances Act to, among other things, repeal certain mandatory minimum penalties, allow for a greater use of conditional sentences and establish diversion measures for simple drug possession offences.

[Rob Moore, Conservative, Fundy Royal, NB]

Yes. Thanks, Mr. Chair.

Thank you, Minister, for sharing your time here today with us at the justice committee.

Minister, you mentioned Bill C-5, which eliminated mandatory jail time for what I would categorize as serious firearms offences, including serious offences around the trafficking, importation and production of schedule I and schedule II drugs.

I'll also mention Bill C-75, which was brought in by your government and which instituted the principle of restraint, meaning that individuals facing pretrial custody are given the least onerous provisions possible. That has been interpreted very broadly, and now we see what I would categorize as a revolving door to our justice system and an increase in the number of recidivists who are being caught by police and committing subsequent crimes even while out on release.

Just last week, I was reading that the Winnipeg Police Service has announced that the city is experiencing the highest level of violent crime in over a decade. They have reported that violent crime was up 25% last year compared to 2021, and another 17% over the five-year average—all types of crime, particularly violent crime. There's a significant uptick in Winnipeg.

I would look at that as a signal that we're doing some things wrong, and that we have to address violent repeat offenders and we have to address recidivism. I put it to you: How do you take these stats coming out of Winnipeg, and are you concerned? We know that we've had a 32% increase in violent crime over the last eight years. Do you feel that when Juristat and StatsCan publish their findings later this year we're going to see an uptick across the country in violent crime, as is being seen in Winnipeg?

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

Thank you, Mr. Chair.

Thank you, colleagues.

Thank you for the invitation to be here today. I'm pleased to be here as the committee studies the 2023-24 main estimates for the Department of Justice.

I would like to begin, as I always do, and importantly, by acknowledging that we're located on the traditional territory of the Algonquin Anishinabe Nation.

I am joined, as you mentioned, Mr. Chair, by my officials: the deputy minister of justice, Shalene Curtis-Micallef; the chief financial officer, Bill Kroll; and the senior assistant deputy minister, Mike Sousa. Thanks to all of you for being here today in support.

Committee members will note that Justice Canada is seeking a total of $987.6 million in the 2023-24 main estimates, an increase of $65.8 million over the previous fiscal year.

We need a justice system that is accessible, efficient and, above all, fair. Canadians deserve to feel and be safe. Our justice system must live up to their trust. Our government is committed to ensuring that this is the case, and we will continue to honour our Charter, which is the pride of all Canadians.

Reconciliation with Aboriginal peoples is a crucial part of my mandate, in particular the implementation of the United Nations Declaration on the Rights of Indigenous Peoples Act.

We are currently working—very hard, I might add—in consultation and co-operation with first nations, Inuit and Métis, including national indigenous organizations, rights holders, modern treaty signatories and self-governing nations, to release an action plan and an annual report this month, as mandated in the act.

The work to ensure that the federal laws of Canada are consistent with the UN declaration is ongoing. This declaration represents transformational change and has the potential to progressively and positively transform the relationship between the Crown and first nations, Inuit and Métis.

In budget 2022, our government announced additional funding to implement the UN declaration act in the amount of $64 million over five years—from 2022-23 to 2026-27—and $11 million ongoing. In the 2023-24 main estimates, we're seeking $17.5 million as part of this commitment.

The Main Estimates also include an additional $7 million for new drug treatment court supervised programs, as well as the expansion of existing programs. These investments are part of our efforts to help those suffering from addiction, especially the most marginalized and vulnerable. Our government believes in an approach based on prevention and addiction treatment to tackle the causes of crime. We will continue to implement evidence- and science-based policies, including drug courts.

Access to justice is a fundamental Canadian value and an integral part of a just society. We know that too many Canadians face systemic barriers when trying to obtain legal services or interact with the courts. Aboriginal, Black and racialized Canadians are over-represented in our criminal justice system. That's why it's particularly important to invest in measures that facilitate access to justice, whether by providing information or support, through renewed funding for legal aid in criminal matters.

Our commitment to fighting discrimination and systemic racism in our institutions goes further. As I mentioned earlier, our justice system is not immune to the insidious mechanisms that stand between our system and truly just justice.

That's why I'm proud to have passed Bill C-5 last November, repealing mandatory minimums that have contributed to the overincarceration of indigenous people, Black persons and members of marginalized communities.

I've also introduced David and Joyce Milgaard's law to advance our work to build a more equitable justice system. It would establish an independent miscarriage of justice review commission to make it simpler and more efficient for potentially wrongfully convicted people to have their applications reviewed. I hope this committee has the opportunity to study this legislation soon. Budget 2023 announced $83.9 million over five years, starting in 2023-24, and $18.7 million ongoing for the commission.

I've also proposed targeted reforms to bail to make our communities safer and build trust in our justice system. Bill C-48 is designed to focus on violent repeat offenders and gun and knife violence, as well as intimate partner violence. This targeted reform to our bail laws is the product of collaboration with the provinces and territories. It has also benefited from input from mayors, police and parliamentarians, as well as indigenous leadership and the legal community.

Everyone in Canada expects us to tackle crime, as well as the causes of crime. Bill C-48 is part of our broader strategy to ensure the safety of all Canadians, and it is an example of what we can achieve when we work together. The bill is charter-compliant, and I'm proud to be a member of the party of the charter. It has been endorsed by provincial and territorial governments, as well as various police organizations across Canada. I look forward to working in particular with my colleagues around this table to advance this legislation quickly to protect Canadians.

The main estimates also seek funding to support other key initiatives to help build a fairer and more accessible justice system and advance the national action plan to end gender-based violence, supporting victims of intimate partner violence. The Mass Casualty Commission in Nova Scotia laid out the importance of addressing gender-based violence, and this action plan will help support our government's work going forward.

I'm pleased to say that budget 2023 announced $95.8 million over five years, starting in 2023-24, and $20.4 million ongoing per year thereafter to support indigenous families in accessing information about their missing or murdered loved ones. These include funding for FILUs, as well as the community support and healing for families initiative and more indigenous-led victim services and supports, which I was proud to announce last week. This investment represents an end to the cycle of temporary funding for these services and ensures that sustainable support is available for these critical resources.

On that note, Mr. Chair, I will wrap up my remarks. Thank you for the opportunity to talk about how we are making our justice system stronger, more accessible and more inclusive for all people.

Criminal Code

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

Madam Speaker, I would like to begin by recognizing the hard work done by the member for Charlesbourg—Haute-Saint-Charles on this bill and on the issue of public safety.

Our justice system is broken. The catch-and-release policies that the Liberal Party introduced in Bill C-75 and Bill C-5 have led to a 32% spike in violent crime across the country.

As the Conservative Party's shadow minister for public safety, I meet with public safety workers from all across the country. What am I hearing from police officers? They tell me we need to increase funding. However, what they really need is to stop arresting the same repeat offenders and violent offenders every weekend. Sometimes the police are on a first-name basis with these individuals because they have arrested them so many times. Sometimes they arrest them again the very next day. These repeat offenders get back out on the streets and go right back to terrorizing innocent Canadians by committing violent crimes.

We are seeing this in Vancouver. Last year, 40 individuals were responsible for 6,000 violent crimes. It is easy to imagine how much better police officers could do if those 40 individuals could be kept behind bars. How many networks of drug traffickers, gun smugglers, human traffickers and other complex criminal networks could be dismantled if police were not forced to deal with the 40 people responsible for 6,000 incidents who are spreading fear among Vancouverites?

It is the same thing in all the towns that I have heard about. Police officers are exhausted and are suffering serious PTSD because they are overworked. No amount of money can solve this problem. The only solution is a government that focuses on fighting crime, on jail, not bail, for violent repeat offenders, and on improving the parole system to keep dangerous criminals behind bars.

Measures like those would definitely help the police fight violent crime and would really bolster the fight against gun violence. That is what the Toronto Police Service and the premiers of every province and territory are saying. They all agree. They have written to the Prime Minister many times calling for bail reform. These kinds of measures would really have an impact on reducing gun violence.

Instead, the Liberal government is spending an estimated $6 billion on its so-called firearms buyback program, which is really a confiscation program. That is where the Liberals are sending resources. That is their priority. A Conservative government led by the member for Carleton would get Canadians results, clean up our streets and reduce gun violence. That is our commitment to Canadians.

We need a complete overhaul of the Liberal system, which has caused violent crime to skyrocket across the country and has led to innocent Canadians being killed by repeat violent offenders. The member for Charlesbourg—Haute-Saint-Charles introduced Bill C-325 a few weeks ago. This bill would fix the major flaws in Bill C-5, which allows repeat violent offenders to serve their sentences at home, and would keep Canadians safe in their communities.

The bill makes three important changes to our justice system. The first has to do with parole. Some inmates are charged with serious and violent crimes, including drug trafficking or worse, yet they are granted parole and face no consequences if they breach their release conditions. The police may catch an offender breaching their conditions, but all they can do is submit a report to the parole officer. This bill amends the law to introduce consequences for non-compliance with release conditions.

As far as parole officers are concerned, the bill requires them to notify the authorities when one of their parolees breaches their conditions. If that happens, the parole officer must inform the police so that an arrest can be made. These are violent offenders. This seems like a common-sense policy to us. However, the reality is that it is not currently mandatory to report repeat violent offenders who breach their conditions.

Finally, this bill fixes the “Netflix sentences” created by Bill C‑5. The third component of the bill seeks to correct the problem created by Bill C‑5, that of allowing violent criminals to serve their sentences in the community by sitting at home watching Netflix. Bill C-325 would strengthen the parole system by creating a new offence for breaching conditions. It would require parole officers to report breaches of conditions and would reinstate the old version of section 742.1 of the Criminal Code, which was repealed by the Liberals' Bill C-5.

That bill made it possible for criminals convicted of aggravated sexual assault to serve their sentence in the community. That is very serious. I hope that this monumental error will be fixed and that the Bloc Québécois and NDP members will support Bill C‑325. Those violent criminals should not get to serve their sentences at home while watching Netflix. They should be behind bars. I remind members that because of Bill C‑5, a 42-year-old man managed to avoid prison after committing a violent sexual assault.

Even a Quebec Crown prosecutor criticized the government for Bill C‑5. He said that, right now, the Prime Minister and the Minister of Justice probably owe victims of sexual assault an explanation, and that he could not remain silent about this regressive situation.

It is clear that we cannot trust the Liberals to protect women and children from violent repeat offenders. With the support of the Bloc Québécois and the NDP, the Liberals are putting Canadians at increasing risk of becoming victims of violent crimes.

Only a Conservative government led by the member for Carleton will make legislative changes to improve public safety with bills such as Bill C‑325, proposed by the member for Charlesbourg—Haute-Saint-Charles.

[Lori Idlout, NDP, Nunavut, NU]

Uqaqtittiji, I will first acknowledge that I rise on Algonquin Anishinabe territory on the first day of National Indigenous History Month.

I hope that during this month, especially, we all make an extra effort to learn more about indigenous history in Canada. Indigenous history needs to be more visible. As an Inuk from Nunavut, I have observed how hidden Canada's treatment toward Métis, Inuit and first nations is for mainstream Canadians. This has resulted in a lot of ignorance and racism against indigenous peoples. We, as indigenous peoples, generally continue to live on the fringes of Canada's society, and we must take opportunities like this month to move progress on the well-being of Inuit, Métis and first nations.

There are many contributing factors to keeping indigenous peoples on the fringes of society, including the criminal justice system; decades of genocidal policies implemented by the federal, provincial and territorial governments; and the lack of trauma-informed services provided by all governments.

Bill C-325, an act to amend the Criminal Code and the Corrections and Conditional Release Act, regarding conditions of release and conditional sentences, is problematic for many reasons. As such, the NDP will not support the passing of this bill. From what I have learned, this bill proposes to amend the Criminal Code in three main areas: conditional release, reporting, and sentences served in the community, which emerged out of Bill C-5. I will speak to each of these areas.

For conditional release, unfortunately this bill would not improve or supplement improvements to the current system of conditional releases. According to the Corrections and Conditional Release Act, all offenders must be considered for some form of conditional release during their sentence. This is their right. Further, it is inaccurate. This assertion is false, as even with the reform of Bill C-5, judges are not allowed to sentence those who present a risk to the public to serving their sentences in the community. Judges are not allowed to grant bail to those who present a risk to public safety.

I take this opportunity to inform Canadians that conditional release does not mean the sentence is shortened. It means the remainder of the sentence may be served in the community under supervision and with specific conditions. I will be clear: When there is an early release, there are conditions that must be met, including reporting to parole officers, especially when there are compliance issues. This addresses the second element of Bill C-325.

The third element of this bill, which I find is the most problematic, is regarding prohibiting conditional releases in communities. Proposals to amend section 145(5) and the failure to comply for a conviction in relation to offences set out in Schedule I and Schedule II of the Corrections and Conditional Release Act are punitive and overreaching. Bill C-325 would make all parole violations a new criminal offence and would require parole officers to report all parole violations, no matter how minor, to the police and the parole board. This would result only in early termination of parole and in offenders being released at the end of their sentence, without the supervision they would have received if on parole.

Dr. Ivan Zinger, a correctional investigator, reported in 2020 that while indigenous people make up 4.9% of the total population, they make up just over 30% of the people in Canada's prisons. This percentage has increased over the last five years as rates of overincarceration are decreasing. Dr. Zinger further said that indigenous women, racialized women and women who live in poverty are incarcerated at even higher rates than their male counterparts. He reported that indigenous women make up 42% of the population in women’s prisons. This is the fastest-growing prison population in Canada as it has increased by over 60% in the last 10 years.

Bill C-325 would not improve conditions for marginalized Canadians, it would only further marginalize them. If this bill were truly about justice, there would be proposals that addressed systemic changes that are in dire need. We need to make sure the system can focus effectively on those who present the greatest threats to public safety, and stop the over-detention and overincarceration of indigenous, racialized and marginalized Canadians.

New Democrats are committed to meaningful reforms to the bail system. Unlike the Conservatives who pander to partisan fundraising dollars, New Democrats are interested in using Parliamentary time and resources in getting meaningful results for Canadians for a more just and equal, as well as a safer, society.

Indigenous rehabilitation must be culturally sensitive and trauma-informed and further support integration into communities. Other members have reminded all of us that there are truth and reconciliation calls to justice, specifically numbers 30 and 32. These calls to action must finally be implemented.

Other examples that exist include the Tupiq program, which I hope is implemented in Nunavut as it is currently a federal program serving federal inmates outside of Nunavut. Tupiq could help to reduce recidivism and it is a way for Nunavummiut to re-enter their communities.

I thank Kosta H. Barka, and the article called “Attending to the Needs of Inuit Inmates in Canada: Exploring the Perceptions of Correctional Officers and Nunavut Officials” for this important information.

In conclusion, the Conservative rhetoric on their “tough on crime” approach does not protect victims. Bill C-325 would not ensure justice for victims. As such, I repeat that New Democrats would not support the passage of this bill.

[Kristina Michaud, Bloc, Avignon—La Mitis—Matane—Matapédia, QC]

Madam Speaker, we are debating a really important issue, where every detail counts. I am not really on the same page as my colleague.

Earlier this week, I went and congratulated the member for Charlesbourg—Haute-Saint-Charles for introducing this bill, which I think is important. It was important to address some of the gaps in Bill C‑5, which was deeply flawed. It dealt with two completely different subjects. I will come back to that.

The Bloc Québécois proposed splitting Bill C‑5 in two so that we could address those two things separately. However, that did not happen. Today, we are in a situation where we need to clean up the mess.

As I was saying, I went and congratulated my colleague. I think that is proof that the Conservative Party and the Bloc Québécois can work together on public safety measures. That is what is happening here in any case.

Bill C‑325 is a very short, rather simple and fairly effective bill. As I was saying, it addresses some of the gaps in Bill C‑5. However, in this debate, some may have heard Conservatives say that Bill C‑5 was passed with the support of the Bloc Québécois. I think we need to put things into perspective here and remember the context.

First, let us recall that the purpose of Bill C‑5 was, one, to repeal certain minimum sentences and allow greater use of conditional sentences, and, two, to provide for diversion measures for simple drug possession offences. Those are, as I have said, two completely different things. We proposed splitting it, but that did not happen.

We found ourselves in a slightly awkward situation because, on the one hand, we were very reluctant to support the idea of wiping out certain mandatory minimum sentences, particularly for crimes committed with firearms. Let us not forget that, not that long ago, we were working hard on a bill to improve gun control. It feels a bit contradictory. On the other hand, we were in favour of diversion measures for simple drug possession offences.

We figured that we would amend the bill in committee, and it was my colleague from Rivière-du-Nord who proposed amendments that would have made it possible to keep the minimum sentences while giving judges the discretion to override them. In all of this, we must not forget the judges and their discretionary power. I think that, all things considered, it was a reasonable proposal. Again, it was rejected.

It was at that point that my colleague from Rivière-du-Nord promised that he himself would introduce a bill to correct the situation. I absolutely agree with the member for Charlesbourg—Haute-Saint-Charles, and I think we all agree that for certain crimes, conditional sentences should not be allowed. They should be prohibited in most cases of sexual assault, for example, as well as for crimes committed with firearms.

We know how the lottery works for private members' bills. My colleague was lucky enough to introduce his bill before the Bloc Québécois. Now, if both had been introduced at the same time, or if they had been debated in the House at the same time, we would have seen that they are extremely similar bills, with perhaps one exception.

One singularly important concept in justice, which my Conservative colleagues often tend to forget and which I mentioned earlier, is judicial discretion. At this point, let us remember that even Bill C‑5 allows judges the power to acquit a person, to hand down a sentence to be served in the community or to hand down a sentence to be served in prison. It is not true that the passage of Bill C‑5 means any offender will be able to serve their sentence in the comfort of their living room. That is not true. Judges have the option of a conditional sentence, but if they decide that the person should go to prison, they will sentence the person to prison.

Let us not forget this extremely important element and remember that conditional sentences are not automatic. Among other things, the judge must consider the risk of reoffending and the impact that a sentence served at home would have before rendering a decision. Let us also remember that there are other factors to consider in a trial. The Crown prosecutor can make a deal with the defence for a sentence in the community if they feel the circumstances warrant it. Let us remember that every case is different.

The bill that my colleague from Rivière-du-Nord intends to introduce will mention this particular judicial authority. His initiative arose from the motion unanimously adopted by Quebec's National Assembly in February to condemn the controversial legal provisions arising from Bill C‑5. The text adopted by the National Assembly, which was moved by the justice minister, Simon Jolin-Barrette, accused Ottawa of setting back the fight against sexual violence. I completely agree with the National Assembly's motion.

There has been a lot of criticism of Bill C‑5 since its adoption because men convicted of sexual assault unfortunately take advantage of it, in a rather dishonest way, to try to serve house arrest. If I had the time, I would come back to some cases that were widely reported and that I imagine my colleague relied on to introduce this bill.

Bill C‑325 has three clauses. It is a rather short bill, as I mentioned. First, it seeks to create a new offence for breach of parole conditions for certain serious offences, with a maximum sentence of two years or at least make it an offence punishable on summary conviction. Second, it would require those breaches to be reported to the appropriate authorities. Third, it would amend the Criminal Code to preclude persons convicted of certain offences from serving their sentence in the community.

I will come back to the first point. We are talking about adding a criminal offence for breach parole of conditions for offences listed take in Schedule I and Schedule II of the Corrections and Conditional Release Act. I asked my colleague a question about this earlier.

I have Schedule I in front of me. As I was saying earlier to my colleague, there are offences that may be a little less serious. I do not want to create a hierarchy of offences, but there are some rather serious offences. Examples include commission of offence for terrorist group, using firearm in commission of offence, robbery, prison breach, sexual interference, child pornography, bestiality, incest, and attempt to commit murder. There are others, such as discharging firearm with intent, criminal harassment, aggravated assault, sexual assault with a weapon, hostage taking, procuring and so on. We can see that it is a long list of rather serious offences.

My colleague also referred to Schedule II, which lists mainly drug-related offences. It refers to trafficking, importing, exporting, cultivation, trafficking in controlled drugs, trafficking in restricted drugs, and distribution and possession for the purpose of distributing. This list is not quite as long, but it specifically lists drug-related offences.

The intent behind all this is to tighten the law in cases of breach of conditions or statutory release. Statutory release is almost automatic when an offender has served two-thirds of their sentence. Quite honestly, I agree with the concept, but perhaps less so for Schedule II offences.

As I asked my colleague earlier, would it not be useful to look at Schedule I and Schedule II and see whether any offences could be added or removed? We could certainly add some if necessary. I want to come back to Schedule II because, as I was saying, the Bloc Québécois is in favour of diversion for simple drug possession, so it would be a bit inconsistent on our part to include Schedule II in that.

I am reading a rather interesting book right now on drug use and the famous war on drugs waged by governments. A rather well-known scientist in the United States explained that perhaps we took the wrong approach from the very start. Even though we are investing more and more public funds in this war, drugs are still available, if not more so. Taking the example of the United States, he said the following:

Today, the American taxpayer spends approximately $35 billion each year fighting this war. Yet the drugs in question remain as plentiful, if not more so, than they were in 1981, when the sum total of America’s annual drug-control budget was a mere $1.5 billion. What has changed is that now, each year, tens of thousands of Americans die from drug-related overdoses.

Anyway, it is quite an interesting book. I know this is an emotional issue, particularly for my Conservative colleagues. To sum up, if I could make one suggestion about Bill C‑325 at this point, it might be to see which specific offences are being targeted in clause 1.

I know my colleague thought about the case of Eustachio Gallese. That was one of the first cases I studied when I joined the Standing Committee on Public Safety and National Security in 2020. Mr. Gallese killed a 23-year-old woman while on day parole for the 2004 murder of his wife. He clearly violated his parole conditions by visiting massage parlours for sexual purposes, which was illegal. He also dated women without notifying his parole officer, which was also prohibited.

The Parole Board of Canada acted too late. It revoked Gallese's day parole after the woman had died, when he was already in prison and serving a life sentence.

I see that my time is up. I will come back to this at another time.

[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, short-sightedness and fearmongering are 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.

[Pierre Paul-Hus, Conservative, Charlesbourg—Haute-Saint-Charles, QC]

Madam Speaker, as my colleague could see from the description I gave of the support that Bill C‑325 has received, it is pretty unanimous.

However, there is a distinction to be made. I think we often confuse things when we talk about bail. I know that the government is in the process of making changes to the law with Bill C‑75. For my part, I am adapting what was problematic with Bill C‑5. I am also introducing something new that does not exist anywhere else in the Criminal Code, namely making it an offence to fail to comply with release conditions. That is parole, which is different from bail. Bill C‑325 is not at all similar to what the government is currently proposing.

[Pierre Paul-Hus, Conservative, Charlesbourg—Haute-Saint-Charles, QC]

moved that Bill C-325, An Act to amend the Criminal Code and the Corrections and conditional Release Act (conditions of release and conditional sentences), be read the second time and referred to a committee.

Madam Speaker, I am proud to be here today to speak to my bill, which I think is very important.

Bill C-325 is important because I know that many members of the House of Commons realize that we need to do something to address the violence in our once peaceful streets and communities. As parliamentarians, we work for the public and, of course, our role is to pass laws that seek to improve the quality of life of our constituents.

I am sure that when he introduced Bill C-5, the Prime Minister was trying to do the right thing. I sincerely believe that his heart was in the right place, but we should all now realize that we need to backtrack. This country belongs to all of us. We are not only responsible for maintaining the quality of life it offers us, but we also have a solemn duty to protect it from those who flout our laws.

Canada used to have an international reputation for being extraordinarily beautiful and safe. Shootings in broad daylight used to be an other-country problem, but now, gangs are trying to establish themselves all over the country. They know that laws like Bill C‑5, which the House passed, make their criminal activity easier.

We are all politicians, but I am convinced that, when it comes to Canadians' safety and matters of life and death, order and chaos, justice and injustice, we all have the same point of view. All members of the House agree that violent criminals deserve tough sentences. All violence against women, children or any other person must be severely punished.

The Prime Minister has 24-hour security. Everywhere he goes, he is surrounded by highly trained security guards. When he goes to bed at night, they stand guard in front of his house. The Prime Minister is probably the safest Canadian there is and, as Prime Minister, he understands the importance of security. He too must see that it is time to restore order in our society for the good of Canadians.

My Bill C‑325 has two objectives.

Under the first part of this bill, violent criminals would not have the option to serve their sentences in the community. It is unthinkable that a violent criminal would have the luxury of serving his sentence in the comfort of his home while watching Netflix, but that is exactly what is happening in Quebec and across Canada.

The case of Jonathan Gravel is a good example. He received a 20-month sentence for sexually assaulting his former girlfriend, and the court allowed him to serve his sentence in the community. It is supposed to be a 20-month sentence, but he will actually serve 14 months.

As MPs, we all have a responsibility to do what we can to keep Canadians safe. I do not know any woman who finds it funny that our courts grant violent criminals the right to serve their sentences at home. As we know, judges enforce the laws that are passed here in the House.

Surely members have noticed that more and more notorious sex offenders are serving their sentences in the comfort of their homes while their victims are still psychologically traumatized and fearful of meeting their abuser on the way to work or at the end of an aisle at the grocery store.

That is one of the reasons I am asking all members of the House to support Bill C‑325. Victims deserve justice; they deserve to see violent criminals put behind bars. Serving a sentence at home with access to Netflix or Disney+ is not the best route to rehabilitation, nor does it create the conditions necessary for serious reflection.

The second part of my bill would create a Criminal Code offence for violent offenders who breach their parole conditions. It would also require probation officers to report these breaches, which is not currently the case. This provision would reduce recidivism among violent criminals.

We all remember Marylène Levesque, who was murdered by a killer who violated his parole conditions with impunity. Bill C‑325 would have put Marylène Levesque's killer behind bars immediately, and a life would have been saved.

Then there is the case of Myles Sanderson, the murderer responsible for the knife attacks in Saskatchewan last September. Despite being charged with 59 crimes, many of them violent, he was released and did not hesitate to violate his release conditions because he knew there would be no consequences. As a result, 10 people were murdered. He should not have been released, but the current law made it impossible to detain him, instead of ensuring the safety of those who became his victims.

If members believe that victims and crime prevention should come first, and that our justice system should not allow violent offenders to serve their sentences at home, then I implore them to support Bill C-325 at second reading, as several organizations do.

The president of the Canadian Police Association, the Fraternité des policiers et policières de Montréal, the founder of Montreal's Maison des guerrières, the Fédération des maisons d'hébergement pour femmes du Québec, the Murdered or Missing Persons' Families Association and Communauté de citoyens and citoyennes en action contre les crimes violents, among others, have expressed their support for Bill C‑325. They all support Bill C‑325

Earlier this year, REAL Women of Canada insisted that it is time to reconsider the 1995 Criminal Code reforms on sentencing given their failure to address the high rates of recidivism among indigenous offenders and the ongoing threats to our families and to the communities in which violent offenders are released on parole with alarming regularity.

This is what the organization said:

In the spirit of reforming Criminal Code sentencing and offender rehabilitation, REAL Women of Canada welcome the introduction on March 10, 2023...of Bill C‑325, a private member's bill...

Bill C‑325 provides a much needed opportunity for changing the way in which we protect our families and communities while also furthering the safe re-integration of offenders into society, which is ultimately the best way to protect our families and communities. A full and frank discussion on Bill C-325 provides the potential for much needed reforms and greater public awareness of the issues involved.

REAL Women of Canada looks forward to making submissions to the committee once Bill C‑325 passes second reading and proceeding to a more thorough examination of the recent shortfalls of the Parole Board of Canada to properly carry out its mandate under the Corrections and Conditional Release Act. This includes parole as well as the failure of the justice system to properly protect society from dangerous offenders.

This examination should also take into account the impact of the proposed amendments in Bill C‑325 on the existing statutory requirements under the Criminal Code and the Corrections and Conditional Release Act.

What is more, the president of the Canadian Police Association, Tom Stamatakis, said the following, and I quote:

The need to effectively target repeat violent offenders is significant because, as front-line law enforcement officers know all too well, a defining reality of our justice system is that a disproportionately small number of offenders are responsible for a disproportionately large number of offences. The Canadian Police Association has long advocated for statutory consequences for offenders who commit new offences while on conditional release, and this proposed legislation is a common-sense solution that effectively targets those very specific offenders.

The Fraternité des policiers et policières de Montréal stated the following, and I quote:

We welcome this bill which would strengthen public protection against violent repeat offenders and prevent dangerous offenders from serving their sentences in the community. The Montreal Police Brotherhood believes the justice system must prioritize the safety of law-abiding citizens and this bill is clearly aimed at that goal.

I will close by saying that making Canadian streets and communities safe again should not be done through a partisan process, but a common-sense one.

I hope that all members of the House will support Bill C‑325.

[Pierre Paul-Hus, Conservative, Charlesbourg—Haute-Saint-Charles, QC]

Mr. Speaker, traditionally, members' statements are used for non-partisan purposes. I assure the House that today, my statement will uphold that tradition.

When the government adopted Bill C‑5, I am sure that those who supported it meant well. We now see, however, that we need to go back to the drawing board.

We all agree that violent criminals deserve harsh sentences. Any form of violence against women, children or any other person needs to be taken seriously.

It is possible that some people saw Bill C‑5 as a way to modernize the Criminal Code, but in fact its application has been quite the opposite. That is why I am introducing Bill C‑325.

This bill has two objectives. First, it will ensure that violent criminals have no chance of serving their sentence at home. Second, my bill seeks to create an offence for violent criminals who breach their parole conditions. There are currently no consequences for breaching conditions. Everyone agrees that this is wrong.

We all have people in our lives who are dear to us. As elected members, we must ensure that they are protected. Let us support Bill C‑325.

Sitting Resumed

[Corey Tochor, Conservative, Saskatoon—University, SK]

Mr. Speaker, hunting season is over. That is what a lot of Canadians are hearing tonight. I am trying to give them comfort and understanding of what has transpired in the months on this bill and why the Liberals, supported by the NDP, are going after Grandpa Joe's hunting gun.

This is one of the most frustrating parts of the job, of being a member of Parliament. It is almost midnight. There is no reason for us to be up this late. We were up last night debating this as well. It is the mismanagement and incompetence of the Liberal government, which is why we are having to debate this late in the evening. There are real problems with the bill and it is just ramming it through.

I will try to walk us through why and some of the ways that it is going after Grandpa Joe's hunting rifles.

It is really because, eight years ago, when the Prime Minister got to Ottawa, he started changing things within our country, changing some of the fundamental principles of our justice system. The corresponding result was an increase in violent crimes of 32%. My heart goes out to family members who have lost a loved one due to violence. We know that gang-related murders have doubled under the watch of the Prime Minister. Instead of going after real criminals, he is going after Grandpa Joe.

Grandpa Joe might be in Newfoundland. He has enjoyed hunting moose for generations and is fearful of the next generation's inability to carry on a very important part of our heritage and our traditions in this country, because of the changes.

Common sense would dictate that, if we have a problem, we could ask where the problem is coming from. Once one has identified where it was coming from, that is where one should put one's efforts into stopping it, and we all want to stop violent criminals. I believe everyone, at heart, when they say they would like to stop the crime rates that continue to increase. This bill would do nothing for that because 90% of all firearms-related crimes are done with an illegal firearm.

Criminals do not follow the law. We know this. We know that the statistics out of British Columbia earlier this year showed that 40 criminals have been arrested 6,000 times. It is the catch-and-release bail policies that have been introduced by the government over the last eight years, which are driving this up.

We catch and release. We catch and release. Go out, commit a violent crime, get arrested and get released. That is the policy that has driven this spike in violent crime, up 32%, under the Prime Minister's watch.

Where does he decide to spend millions, if not billions, of dollars? Going after Grandpa Joe's firearms. It is wrong. Instead of going after illegal gun smugglers and criminals, they are going after the hunting rifles and shotguns of law-abiding farmers, hunters and indigenous people. That is where they are going to be spending the money.

I do want to remind everyone that I will be splitting my time with the member for Fundy Royal.

While I have the floor, I just want to walk through the common-sense understanding of the problem and what we can do to fix it.

The Liberals have, in every way possible, made it easier for these criminals. There used to be minimum sentences. In Bill C-5, they repealed mandatory minimum sentences for gun crimes. Why would they do that?

We know these people cannot help themselves. These individuals need to be behind bars and in programs to straighten out their lives, but instead, they are getting lighter sentences because of Bill C-5. There are no minimums.

The Liberals like to make a lot of noise about how they are going to increase the maximums. There are no judges in Canada who hand out maximums anymore. That is the higher threshold that should be there, but they have bumped it up to a point where it does not have an impact. We are talking about criminals who are getting firearms across the border and, for the most part, committing the crimes that are concerning families in some of our larger cities. My heart goes out to them because losing a loved one for no reason is a heinous thing to think about. A lot of times these are senseless, unprovoked crimes using firearms coming over from the United States. We have a government that will not even shut down the illegal crossing of people, let alone firearms.

A much more common-sense approach to deal with this problem would be to go after the individuals who are committing the crimes and the firearms that enable those crimes, 90% of which are coming here illegally, but with all these laws on the books, the only ones who are going to be affected are the law-abiding hunters and indigenous people of this land.

[Michael Cooper, Conservative, St. Albert—Edmonton, AB]

Madam Speaker, I will be splitting my time with the hon. member for Banff—Airdrie.

I rise in strong opposition to Bill C-21, the latest ideological, evidence-free attack by the Liberals on law-abiding firearms owners.

Canada is facing a crime wave after eight years of this disastrous Liberal government. Violent crime is up 32%. Gang-related homicides have nearly doubled, up a staggering 94%. An unprecedented 10 police officers since September have been murdered in the line of duty. Random violent attacks on public transit and on the streets are now commonplace in cities right across Canada. More and more Canadians are feeling less safe in their communities, and that is because more communities that once were safe are no longer safe or are less safe now than when the Liberals took office.

By contrast to the staggering 32% increase in violent crime under the Liberals, under Prime Minister Harper's Conservatives, violent crime went down 33%. In fact, the Liberals have managed to do something that no government has done, which is to reverse a 30-year trend in which Canada, until the Liberals came to power, saw a downward spiral in crime. Now it is up 32%.

I say that because this violent crime wave did not happen in a vacuum, it did not happen by accident and it did not even happen as a result of inaction on the part of the Liberals. It happened as a result of very deliberate and very specific policies regarding Canada's criminal justice system embraced by the Liberals.

The Prime Minister has embraced, full stop, a series of virtue-signalling, woke criminal justice policies. These are policies that the Prime Minister has imported from the United States. They are disastrous policies that have been implemented south of the border by radical, left-wing, big-city mayors and district attorneys. They are policies that have resulted in large swaths of once great American cities, such as Chicago, San Francisco, Seattle and Portland, Oregon, turning into crime no-go zones. It is these American-style policies that the Prime Minister is importing to Canada.

Let us look at the disastrous record of the Prime Minister. The Prime Minister, in 2018, was responsible for passing Bill C-75, which established catch-and-release bail. Thanks to the Prime Minister, a judge is now required to make it the primary consideration that an accused be released at the earliest opportunity with the least onerous conditions possible. This has resulted in a revolving door. It has meant that, in many instances, criminals are released back onto the streets and are out committing crimes the very same day they were arrested for the crimes they committed. That is catch-and-release Liberal bail.

Let us look at some of the statistics as a consequence.

In the city of Vancouver, 40 hard-core criminals are responsible for 6,000 arrests a year. That is 150 arrests per offender. Liberal catch-and-release bail has meant that a small number of hard-core criminals are overwhelmingly and disproportionately responsible for a significant number of criminal incidents.

In Edmonton, a community I am proud to represent in this place, a young mother, Carolann Robillard, and her 11-year-old daughter, Sara, are now dead thanks to Liberal catch-and-release bail. Carolann and Sara were brutally murdered, stabbed to death at a park, of all places, at an elementary school.

They were brutally stabbed to death by who? It was a total stranger who happen to be a hard-core violent criminal, who, thanks to Liberal catch-and-release, had been released on bail just 18 days prior. Who was this violent offender who stabbed to death an 11-year-old girl and her young mother outside an elementary school? He was someone who had a 14-year rap sheet of committing violent attacks.

He had been convicted multiple times of serious offences such as aggravated assault, assault with a weapon, multiple robberies and assaulting a correctional officer. Last year, he attacked a 12-year-old girl on an LRT in Edmonton. That is who was released thanks to Liberal catch-and-release bail. He never should have been released. He should have been kept behind bars. He never should have been on bail. It is outrageous that he was.

It is outrageous that the folks across the way can so sanctimoniously defend a series of policies that are indefensible. They are putting lives at risk and endangering public safety. How dare they.

It is not just catch and release. This is a government that, last year, passed Bill C-5, the fourth piece of legislation the government introduced in this Parliament. It is obviously a top priority for the government. What does Bill C-5 do? It significantly expands house arrest for some very serious offences, including sexual assault, kidnapping and human trafficking. In other words, criminals convicted of such offences will not have to spend a single day in jail.

What about firearms? We hear a lot about the Liberals' professed concern about firearms. It seems they are obsessed with firearms as objects, but they have not figured out that firearms do not commit crimes; criminals with firearms commit crimes. What have the Liberals done about criminals who go out and commit offences with guns? Bill C-5 actually eliminates mandatory jail time for serious gun crime, including robbery with a gun, using a firearm in the commission of an offence, discharging a firearm with the intent to injure and weapons trafficking. That is the approach of the Liberals.

It is a policy of the woke. It is a policy grounded in absurdity. Compounding that absurdity is Bill C-21, which is now before the House. It is a bill that does not take illegal firearms off the streets. It does not keep repeat offenders behind bars where they belong. Incredibly, it goes after law-abiding, licensed firearms owners, who are among the group of Canadians least likely to commit a crime.

Those are the people the Liberals are going after. It could not be more absurd. The government's set of priorities could not be more backwards.

[Richard Lehoux, Conservative, Beauce, QC]

Mr. Speaker, I will try to measure up to my colleague. It is not easy to speak after the official opposition whip. She gave a wonderful speech and did a great job of illustrating the challenges we face.

Today, I am speaking to Bill C-21, this government's flawed gun bill. Before I begin, I would like to acknowledge the hard work my colleague from Kildonan—St. Paul has done on this file, as well as the work put in by all of my colleagues on the Standing Committee on Public Safety and National Security.

Since the bill was introduced in the House, the Liberal Party has changed direction so often that it is difficult to keep up. The Liberals' inordinate attacks on the Canadian people have not gone unnoticed. The Liberals have shown their true colours to Canadians. Instead of cracking down on illegal guns and gang members, this government has introduced legislation targeting hunters, farmers and indigenous communities.

As usual, the Liberal government is completely out of touch with rural Canada, widening the all-too-real divide in our country. No one believes that going after hunters will reduce violent crime across the country. This is part of the Liberal plan to divide Canadians.

As Conservatives, we support common-sense gun policies that prevent guns from falling into the hands of dangerous criminals. The most important thing we can do is to crack down on smugglers at the borders and prevent illegal weapons from getting into Canada and falling into the hands of criminals and gang members.

I have had the opportunity to talk with many citizens in my riding about this bill. I talked to Mr. Vachon from Saint‑Georges, who served in the army for 14 years and who is very worried about the impact this bill will have on him and his ability to hunt and sport shoot. He is an advocate for the safe use of firearms and understands very well that those who commit crimes with illegal firearms will not be concerned at all about this bill. The only people who are worried about it are law-abiding hunters and sport shooters.

I also talked to Mr. Deschênes from Sainte‑Marie, who is extremely concerned about the impact this bill will have on shooting clubs in the region. They may have to close their doors in the future. He is a federal agent and needs to regularly train at these shooting ranges to keep up his skills and keep himself safe. He emphasized the importance of these shooting ranges for public safety because many police services use them to perfect their skills and maintain their accreditation, and they also educate other Canadians about gun safety.

Finally, Ms. Turcotte from Beauceville contacted my office just last week to express her dissatisfaction with amendments G‑4 and G‑46. These amendments were completely inappropriate and were subsequently withdrawn. However, hunters still worry about what the Liberal government will do next. How far is it prepared to go? Will it amend the same bill once it comes into force, introduce those amendments and shut down debate again?

In my riding, countless farmers also contacted me for fear that they would no longer be able to protect their livestock, which is their livelihood. The problem with this government is that it has a strange way of sending messages. It claims to have discussed this bill with stakeholders, but when the text of the bill and the amendments were published, many groups, such as hunters, indigenous groups and professional sport shooters were taken completely by surprise.

A member of the Alberta Mounted Shooters Association said that they are a very safety-conscious group. She added that before they can become mounted shooters, they must complete training, testing and background checks to obtain their restricted gun licences. They want more Canadians to practice their sport. They want to grow and develop skilled target shooters and equestrians. They also want the ability to continue the legacy for our youth and produce more world champions.

At the rate this bill is going, I do not know if there will be any sport shooters left when this is all over. New athletes will have so many regulatory hurdles to overcome that any shooting discipline outside of the Olympics will be eradicated. Even Canadian Olympians will be forced to spend countless hours obtaining the necessary licences to travel with their sporting equipment.

This lack of comprehensive consultation has not just affected hunters and sport shooters; it has also affected the most important segment of the Canadian population, indigenous communities. As Chief Jessica Lazare of the Mohawk Council of Kahnawake put it, the lack of thorough and comprehensive consultation with indigenous communities is demonstrated by the incoherence and inconsistency of the proposed legislation, the amendments and the lack of recognition of the rights of indigenous peoples.

This is further proof of the complete ignorance shown by this government and the Minister of Public Safety.

Let us talk about how the Prime Minister continues to fail Canadians when it comes to public safety. With bills like C-5, the government is making our country less safe. Bill C-5 removes mandatory minimum sentences for gun crimes. How backwards can this government be?

For people who are guilty of armed robbery or firearms trafficking or who recklessly discharge a weapon, it is easier to get away with it thanks to the Prime Minister's soft on crime approach. This government has made things twice as bad with Bill C‑75. The Prime Minister's bail policy has triggered a wave of violent crime in our country.

Our communities feel less safe, and the Liberal government is responsible for making the situation worse. A common-sense Conservative government will ensure that violent reoffenders stay behind bars while awaiting trial, and it will bring back the mandatory sentences for serious violent crimes that were cut by this government.

The bail reform measures that were announced this week are reactive and respond to weeks of news about the dramatic increase in violent crime in this country. Why does the government always have to play catch-up? It is incapable of getting ahead on anything. A Conservative government will ensure Canadians' safety and introduce bills that will truly keep Canadians safe.

Does the government realize that illegal guns are used in 99% of gun crimes? More than 85% of those guns are smuggled in from the United States. Why are they not allocating more resources at the borders to prevent these firearms from entering?

In my riding, there are two border crossings that do not even have CBSA officers. Truckers coming into Canada simply pick up the phone and call the nearest border service officer to open the gate and the shipments come into Canada without any screening. I am sure this may surprise some members of the House, but it shows just how low a priority border security is for the Prime Minister and the Minister of Public Safety.

In conclusion, I think everyone in this House wants to make Canada a safer place to live, but Bill C-21 was never the right way to go about it. This bill was flawed from the start, and the government has completely missed the mark.

I also think the NDP has a lot to do with this failure, as the New Democrats continue to support the government in this process. However, many of the NDP members are from rural ridings. I hope their constituents have been watching them all this time and will remember this failure. Conservatives will always be there to keep Canadians safe and to protect law-abiding gun owners, whether they are hunters, farmers, sport shooters or indigenous people.

We will always protect their right to own and use firearms safely and lawfully. We will ensure that violent criminals and smugglers are prosecuted, instead of our law-abiding neighbours and farmers.

[Jacques Gourde, Conservative, Lévis—Lotbinière, QC]

Mr. Speaker, it is my privilege to speak to Bill C-21, an act to amend certain acts and to make certain consequential amendments (firearms).

I want to speak today in solidarity with all the honest, law-abiding people in Lévis—Lotbinière who legally own guns for reasons other than committing violent crimes.

My colleagues will no doubt understand that I have come here to defend honest hunters and shooters, farmers, and collectors who own guns passed down from one generation to another.

The absurd thing about the Liberal government is that their bills miss their targets most of the time—that is probably a bad pun—as does their budget, for that matter.

How will legalizing drugs prevent or reduce crime? That is utter nonsense. How can anyone believe that restricting the use of certain registered and legal weapons is going to reduce the same criminal activity that continues to rise because of bad Liberal decisions?

The solution to the ever-increasing crime is quite simple, and it is the same for everything else that has not worked in our country since 2015. We are headed straight for a cliff because the Liberals are in power and they are making bad decisions.

The goal of the new Liberal amendments to Bill C‑21 is not to protect us, but to score political points and instill a false sense of security in the population. The facts prove otherwise and nothing will change.

I would like to talk about academic and government stakeholders, such as Dr. Caillin Langmann, assistant clinical professor at McMaster University. He stated that available research has demonstrated that the proposed ban on handguns and semi-automatic weapons would not reduce the rates of homicide and mass homicide.

Someone who wants to inflict harm has the imagination and means to do so. What causes an individual to commit the irreparable quite often begins with the family violence that children witness. These children will become uncontrollable adults who abuse drugs that have become legal and who commit increasingly serious crimes.

The rehabilitation system for these individuals is not working and the Liberal Party encourages this scourge through bad policies and complacency. As proof, the Liberal Party's catch-and-release policies are not working. After eight years of Liberal governance, violent crimes have increased by 32% and gang-related homicides have doubled.

Rather than cracking down on the illegal guns used by criminals and street gangs, the Prime Minister is working to take hunting rifles away from law-abiding farmers, hunters and indigenous peoples.

Let us be clear. The Liberals' new definition is the same as the old one. The commonly used hunting firearms targeted by the Liberals in the fall will likely be added to the ban by the new Liberal firearms advisory panel.

Let there be no mistake. There is nothing new in the amendments proposed by the Liberals. They have just wrapped the initial amendments up in a new package. Hunters, farmers and indigenous peoples are not naive, and neither are the Conservatives. The Conservatives do not support taking guns away from law-abiding farmers, hunters and indigenous peoples. When the Liberals say that they are banning so-called assault-style firearms, they really mean that they are banning hunting rifles. The Prime Minister even admitted as much a few months ago.

No one believes that the government is going to reduce violent crime across the country by going after hunters and legitimate hunting rifles. That is part of the Liberal government's plan to distract Canadians from the real issues our country is facing and to divide them.

For eight years now, have the Liberals been aware that they are making life easier for violent criminals by repealing mandatory minimum sentences for gun crimes with legislation stemming from Bill C‑5?

Are the Liberals aware that they are making it easier for violent criminals to get bail with legislation stemming from Bill C‑75?

Are the Liberals aware that they are making life easier for violent criminals by not stopping the flow of illegal guns across the U.S. border?

Conservatives support common-sense gun policies, policies that will stop dangerous criminals from getting guns. That is why a Conservative government will invest in policing and securing our borders rather than spending billions of dollars confiscating guns from farmers, hunters, indigenous people and law-abiding Canadians.

Let us not be fooled. The Liberals are the champions of wishful thinking. The Liberals are also the champions of empty gestures, empty words and wasting our hard-earned money.

Quality of life has gone down considerably in Canada in the past eight years in every area of daily life and not just because of the increasing crime rate, which, again, jumped by 32%. When we look at the facts, the current situation and the numbers, we see that this is no longer working. One just needs to look at the number of available jobs, the backlog in immigration cases, the applications for temporary foreign workers that are blocked and have caused businesses back home such as Olymel to shut down.

I am thinking about the Liberals' rejection of my Bill C‑215, which sought to promote life by allowing people with a serious disease such as cancer to be entitled to 52 weeks of employment insurance to get back on their feet. I am thinking about all these young people to whom the Liberal Party is offering addiction to dangerous substances as a life work; as we all know, using hard drugs brings more problems. That is obvious and it only makes sense to acknowledge it.

I have a hard time seeing how Bill C‑21 will achieve the Liberal Party's murky goal of lowering the crime rate and making our streets safer.

In closing, in Lévis—Lotbinière, the majority of us are responsible, law-abiding people. More than ever, we need a return to a Conservative government to restore order in our country and in our politics, and to put money back in our pockets.

Criminal Code

[Blaine Calkins, Conservative, Red Deer—Lacombe, AB]

Mr. Speaker, I cannot say that I am happy to be rising today to discuss this piece of legislation, but I am happy to be rising as a law-abiding firearms owner to defend my fellow law-abiding firearms owners.

How did we get here? I will put things in context so the people who might be watching at home know whom they are listening to. I am a member of Parliament for an urban-rural split riding in central Alberta. Half of my constituents live in Red Deer, the third-largest city in Alberta, and the other half live on a first nation reserve, or in a rural setting in Red Deer County, Lacombe County or Ponoka County, or in a small town, city or village therein.

I would consider the people I represent to be honest, hard-working, law-abiding folks who want their tax dollars spent wisely and want the freedom to pursue whatever they want to pursue in life. Many of them pursue various things that involve firearms, including hunting, farming on farms like the one I grew up on, where firearms are just a tool and an everyday part of life, or sport shooting. This is very popular in my constituency. There are numerous stores and vendors in central Alberta that supply firearms, ammunition and parts because of the demand that is there.

I can tell members that we do not have the problems that my colleague who just spoke talked about in her large urban centre, because we respect the law. We put policies in place at the provincial level, and when we are the governing party, we put laws in place that actually crack down on criminals. That is where the actual issue lies.

I can assure Canadians who might be watching at home that the firearms I own are doing nothing right now. They do not do anything until someone picks them up. The issue at hand is violent crime and who has access to firearms. There are numerous provisions in this bill, Bill C-21, that do not address, penalize or in any way affect the outcome of dealing with the wrong people getting a hold of firearms.

How did we get here? Over the course of the preceding decades, Canada was a country that was a rugged place to settle, and it is still a rugged place for some who live in rural areas or adjacent to wild areas or who are farming, involved in forestry, or doing something as seemingly innocuous as keeping beehives. Anybody watching at home who grew up with cartoon books would know that Winnie-the-Pooh was addicted to honey. This is not by chance. Bears often frequent these places, and good, honest people have bought firearms to protect themselves, many of whom were caught up in the order in council that came out a number of years ago.

It all started in the 1930s. If we go back that far, every single firearm and handgun in this country has been put in a registry, but that does not stop criminals from obtaining guns illegally. The government of the day, whenever it is Liberal or Liberal-leaning, seems to want to blame the law-abiding citizen, so, for decades, we have had a firearms registry and the government knows where all the lawfully owned handguns in this country are. Changes were brought in back when Jean Chrétien was the prime minister, including a long-gun registry, which was wasteful and ineffective. The government of the day said it would cost only $2 million, but it was actually closer to $2 billion. Of course, it did not do anything to address violent crime.

We have seen the current government, in its first mandate, put in place Bill C-75, which basically codified in law bail provisions that would let people out in the shortest amount of time with the smallest number of restrictions, and now we see what has happened with that.

What did Bill C-21 originally do? When the members of this House were invited to speak to the bill, it was simply the codification in law of an order in council to ban the transfer of handguns. Then, sneakily, the government decided to table-drop, back in November, a huge stack of amendments that had absolutely nothing to do with handguns. They were all about long guns, and of course the government bit off far more than it could chew.

The government managed to alienate almost all of its voting base when it comes to indigenous Canadians, who were offended by the fact that the firearms used by indigenous people were largely going to be caught up in amendment G-46, taking away their ability to use that firearm.

There was also an evergreen clause in G-4, and I am sorry to report that there is a new evergreen clause put in place that does virtually the same thing, with a minor exception, which I will explain in a few minutes, when I get back to what the problem actually is with the government's notions going forward on its new evergreen clause.

We all remember what happened. It was pretty obvious, because we heard the recordings from the Mass Casualty Commission. The government actually interfered. It took this mass casualty event in Nova Scotia and interfered in the investigation by demanding that the officers who were investigating at the time turn over information to advance a political agenda of the government of the day.

We know it is not about evidence. It is not evidence-based policy-making; it is policy-based evidence-making and evidence-finding, even if it interferes with a police investigation. That is why there is very little trust by law-abiding firearms owners in the intentions of the Liberal government, which is supported by the NDP, and what it is doing.

What is the problem? The problem is violent crime. In the last eight years, violent crime has risen because of the provisions that have been passed by the government when it had a majority and with the support of other left-leaning parties in this place. They passed numerous pieces of legislation, such as Bill C-75 and Bill C-5, that have basically eliminated any consequences whatsoever for people who commit crimes, so much so that violent crime in the last eight years is up 32% over what it was when the Prime Minister and his government inherited the government offices of this place.

More astonishing is this number: 94% increase in gang-related homicides. One would think that an almost doubling of the number of homicides by gang members would trigger a response from the government to crack down on organized crime, but it actually has done the opposite. The passages and clauses in the Criminal Code that would deal with people who are repeat violent offenders have largely been removed, as well as any semblance of a minimum sentence. I am not even talking about mandatory minimum sentences put in place by Stephen Harper when he was prime minister, and by the way crime went down over those 10 years, but I am getting to the point of the fact that numerous basic minimum sentences were removed.

These were put in place by people like Pierre Elliott Trudeau and Jean Chrétien. Of the 12 firearms-related clauses in that piece of legislation, 11 were actually put in place by previous Liberal governments, and the current version of the Liberal government has removed even the most basic minimum sentences for violent crime, including smuggling, firing a gun irresponsibly or even holding a gun to somebody's head for the purpose of extortion. It has removed any mandatory jail time whatsoever for those.

That is the tone and the signal Liberals have sent to the country. Why would criminals not want to increase their activity? There are no consequences, and this is the problem.

I will give an example of the illogic of what the government is doing right now. According to the RCMP's website, there are approximately 430 gangs in Canada with 7,000 members in those gangs. If we look at the average number of homicides committed by people associated with gangs over the last five or six years, it is about 50% of murders. Fifty per cent of murders are committed by gang members, or about 125 a year. There are 2.2 million licensed gun owners in this country. If we look over that same time period, we will see that they are charged for homicide about 12 times a year.

That is 12 out of 2.2 million people versus 125 out of 7,000 people. Who does the government go after? It goes after the 2.2 million. It does not make any sense whatsoever. If we do the math, a gang member is 3,300 times more likely to commit murder with a firearm than a law-abiding firearm owner is, yet the government focuses only on the law-abiding firearm owner.

Gary Mauser, professor emeritus, did an analysis for Statistics Canada that shows that Canadians who are not licensed firearms owners are still three times more likely to commit a homicide than a vetted, licensed gun owner is. For the people who are watching at home, the safest people in Canada for them to be with are legally vetted, law-abiding firearm owners who, at any time, could have their firearms taken away with any complaint lodged against them. That means that every firearm owner meticulously follows the laws of storage, the laws of transportation and the laws of safe discharge. As a matter of fact, we jokingly quip sometimes that gun control meetings are about making sure one's muzzle is always pointed downrange. That is what gun control is to a law-abiding gun owner. We follow all the rules because we do not want to risk losing our privileges, because the fact is that every firearm in Canada is illegal unless it is in the possession of somebody with a licence who is authorized to have that firearm.

We have to go through a renewal process every five years, during which our entire history, including our mental health history, our medical history and anything that might have happened before the courts is reviewed in detail. We wait months to get our licence renewed. Sometimes it is not renewed on time. This puts us in a situation, as law-abiding firearm owners, where we are now in possession of our firearms, which were legal one day, but of which, because of the incompetence of the government to process an application on time, we are now technically, according to the law, illegally in possession. We actually had a clause, when Stephen Harper was the prime minister, where people had a six-month grace period. I am very frustrated by the removal of that grace period, and I will get to that in a minute.

In committee, Dr. Caillin Langmann from McMaster University basically laid it out for everybody to see. His brief states:

The foregoing research papers are peer reviewed and conclude that Canadian legislation to regulate and control firearm possession and acquisition does not have a corresponding effect on homicide and suicide rates.

It also states:

I was asked to produce a review paper for the Journal of Preventive Medicine in 2021. This paper entitled, “Suicide, firearms, and legislation: A review of the Canadian evidence” reviewed 13 studies regarding suicide and legislative efforts and found an associated reduction in suicide by firearm in men aged 45 and older but demonstrated an equivalent increase in suicide by other methods such as hanging. Factors such as unemployment, low income, and indigenous populations were associated with suicide rates....

My conclusions are based on sound statistical analysis and information specifically related to Canada. I am not aware of any other Canadian research which uses reliable statistical models to dispute or disagree with my conclusions.

The brief also states:

Bans of military-appearing firearms, semiautomatic rifles and handguns, short barrel handguns and Saturday night specials in the 1990s has resulted in no associated reduction in homicide rates.

To summarize the results, no statistically significant beneficial associations were found between firearms legislation and homicide by firearm, as well as spousal homicide by firearms, and the criminal charge of “Discharge of a Firearm with Intent”....

Other studies have demonstrated agreement with my studies that laws targeting restricted firearms such as handguns and certain semi-automatic and full automatic firearms in Canada also had no associated effect with homicide rates. Canadian studies by Leenaars and Lester 2001, Mauser and Holmes 1992, and McPhedran and Mauser 2013, are all in general agreement with my study.

The issue is violent crime. It is about controlling violent criminals, controlling those people. One can control inanimate objects all one wants, but it will not change anything. Therefore, the “who” is not the problem. It is not hunters. Over eight million people in this country hunt and fish, contributing $19 billion annually to the GDP, and the order in council has already banned rifles used for hunting, some that even conservation officers use. I was a conservation officer. I was a national park warden and I was issued firearms for my duties. I was a park ranger in charge of a park in the province of Alberta and I was issued firearms for those duties as well. Every person I dealt with as a conservation officer was at least a camper who had an axe, a fisherman who had a knife or a hunter who had either a rifle or a bow and arrow. I had no trouble with those good people, no trouble whatsoever.

We are going to ban the very guns that conservation officers use, but they do not have those firearms. The Yukon government actually had to go around the order in council to buy firearms for its conservation officers, because those are the best firearms available to protect its officers from bears, mountain lions and all of the other issues that conservation officers face, because that is where the real issue lies.

It is very clear to me as a hunter, that, with the changes the Liberals have made, they are weasel words, especially the evergreen clause that deals with magazines. I laid it out very clearly at committee that anybody who wants to interpret it that way can say that, as long as a firearm can take a magazine that holds more than five rounds, it shall be banned. After this becomes law, we would end up in a situation in which, with guns that are functionally identical, one from 10 years ago and a new firearm, one would be prohibited and the other would still be legal. This is because of the clear lack of knowledge and understanding, when it comes to firearms, of people who do not own guns, making laws that simply do not work. We are going to have that scenario again.

However, if people think their gun is safe because they have an older gun that is not included in the new evergreen clause, they should think again, because the firearms committee that would be struck would still have the same authority to do a firearms reference table analysis and ban whatever guns it does not like.

I have news for everybody in this room. If we look at all of the hunting regulations in all of the provinces and territories in this country, a hunting rifle is a rifle that is in the hands of a hunter, used for the purposes of the hunt. It does not matter what it looks like; it just matters what the calibre of the bullet is, so the animal can be safely dispatched.

I could go on for literally a couple more hours and talk about the end of cowboy mounted shooting, cowboy action shooting, IPSC, all of these sports for all of these good people. They are mostly Filipinos there, by the way, when I go to an IPSC event. They are people who have moved here from a country that never allowed them to own firearms, but they have come here and taken up this sport and activity. They are frustrated because, when we take away the ability to transfer these handguns between law-abiding citizens, it will be the end of thousands of people's enjoyment of the sports that involve handguns. I look forward to answering some hopefully logical questions from around the room.

Before I conclude, I move:

That the motion be amended by deleting all the words after the word “That” and substituting the following: “Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms), be not now read a third time, but be referred back to the Standing Committee on Public Safety and National Security for the purpose of reconsidering clauses 0.1, 1.1 and 17, with a view to ensure that the government cannot take away hunting rifles from law-abiding farmers, hunters and Indigenous peoples.”

Justice

[Pierre Paul-Hus, Conservative, Charlesbourg—Haute-Saint-Charles, QC]

Mr. Speaker, when he starts talking about his interest in improving public safety, the Prime Minister will say anything. His actions tell a different story, though.

To start with, he passed Bill C-75, which makes it easier for violent criminals to obtain bail. After that, he passed Bill C‑5 to get rid of mandatory jail sentences for serious crimes. Now he has a bail reform bill, which was tabled yesterday, that is so weak that even the person charged with murdering police officer Greg Pierzchala would still have gotten bail.

Can the Prime Minister admit to his mistakes and simply repeal the law arising from Bill C‑75?