Bill C-5 (Historical)

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.

Online Streaming Act

[Eric Duncan, Conservative, Stormont—Dundas—South Glengarry, ON]

Madam Speaker, I do not know if my translation device is broken or not, but am I hearing the Bloc Québécois supporting a bill that gives power for bureaucrats in Ottawa and the federal government to control what the people of Quebec see on a search engine result? I could have bet on a lot of things, but I never would have bet that the Bloc Québécois would be supporting Bill C-11, especially when the provincial government and numerous groups in that province have said this should not be standardized and centralized by the federal government. Shame on the Bloc Québécois for doing what it is doing.

The Bloc Québécois was wrong on Bill C-5. Bloc members voted for it and now they are regretting it. They are going to vote for Bill C-11, and I will bet $10 that in about a year, they will be regretting that too.

[Gérard Deltell, Conservative, Louis-Saint-Laurent, QC]

Madam Speaker, when it benefits them, as my colleague so aptly pointed out.

What is really going on? While we, the Conservatives, stood up 20 times to ask the government to accommodate Quebec's request, the Bloc Québécois maintained radio silence. It is a fitting metaphor, since we are talking about the CRTC. It was radio silence, not a word. They were missing in action, nowhere to be found.

Where is the Bloc when it is time to defend Quebec and speak for Quebec's National Assembly? They drop out of sight.

Speaking of the Quebec National Assembly, do members know that, about a month ago, on February 5 and 6, the Quebec National Assembly unanimously adopted three motions condemning the federal government's action? Do members know that those three motions were directly related to positions defended by the Bloc Québécois in the House on Bill C-5, Bill C-11 and the immigrants at Roxham Road? The last motion severely condemned the use of the term “all-inclusive”, which was said in the House by a member of the Bloc Québécois. We know that Bloc members recognized that it was not the best idea. They said it in the House. The Quebec National Assembly did not like that and adopted a motion condemning that statement.

I was a member of the Quebec National Assembly. I, too, have had occasion, several times, to vote in favour of motions unanimously condemning an act of the federal government. This time, there were three motions in 20 hours, over two days, unanimously condemning the action taken by the federal government with the support of the Bloc Québécois. When the Bloc Québécois says that it is there to defend Quebec, defend the Quebec consensus and speak on behalf of the Quebec National Assembly in the House, it is not true.

That is why we keep saying that it is very important to know how to protect the choice of jurisdictions. Why does Quebec stand up and want to be heard on this bill? This is essential in our debate: Clause 7 states that the government grants itself the power to give directives to the CRTC, which in turn will be responsible for the government's directives to then rework and give directives on the algorithms that will have to be processed by the public. This has many people concerned.

That is why the Financial Post said in an editorial that if the government's bureaucrats were given the right to decide what content is imposed on Canadians there is a real risk that the government will be tempted to use its screening power to silence its critics. That is not good.

Former CRTC chair Ian Scott said that he did not want to manipulate the algorithms. Rather, he wanted the platforms to do that so as to “produce particular outcomes”. That is how an expert sees it. A former head of the CRTC said that.

That is why, as long as this government wants to give itself excessive powers to control what Quebeckers and Canadians have access to, we will be against this bill.

Telecommunications Act

[Fraser Tolmie, Conservative, Moose Jaw—Lake Centre—Lanigan, SK]

Mr. Speaker, it is always an honour to rise in this House on behalf of the people of my riding of Moose Jaw—Lake Centre—Lanigan.

The safety and security of our nation is of paramount importance, and I understand the need to enhance the safety and security of Canadians, both here at home and abroad. This would include many of our international corporations, which are large contributors to our economic base, and of course our own government institutions and interests. Having the opportunity to speak to cybersecurity in Canada gives us an opportunity to enhance or increase our country's ability to protect us from cyber-threats.

A significant concern for all Canadians is security. This concern has increased in recent times, as we see the rise in organized crime and gang-related offences, which have gone up 92%. The question I ask myself when I see this increase is this: Will the Liberal government be led by evidence and act on the evidence that has been reported?

Cybersecurity is extremely important for our nation to protect itself from inside and outside threats. I welcome Bill C-26, but I do have some concerns pertaining to the success of the bill, and one concern is about accountability. This is a question that we in opposition bring up every day in this House and regularly.

Bill C-26 is essentially divided into two different parts. The first part is to amend the Telecommunications Act to promote the security of the Canadian telecommunications system, adding security as a policy objective; to bring the telecommunications sector in line with other infrastructure sectors; and to secure Canada's telecommunications system and prohibit the use of products and services provided by specific telecommunications service providers. This amendment would enforce the ban on Huawei Technologies and ZTE from Canada's 5G infrastructure and would remove or terminate 4G equipment by the year 2027. What stands out to me, which has been a concern, is the time that it took the government to react to enforce the ban on Huawei.

The second portion of this bill is to enact the critical cyber systems protection act, or CCSPA, designed to protect critical cyber systems and “systems that are vital to national security or public safety and that are delivered or operated...within the legislative authority of Parliament.” As a report by Norton Rose Fulbright notes, the purpose of the CCSPA is, first, to “[e]nsure the identification and effective management of any cybersecurity risks, including risks associated with supply chains and using third-party products and services”; second, to “[p]rotect critical cyber systems from being compromised”; third, to “[e]nsure the proper detection of cybersecurity incidents”; and finally, to “[m]inimize the impacts of any cybersecurity incidents on critical cyber systems.”

The impacts of this bill would be far-reaching, and here are the things that need to be considered when this bill is in place. The government would have the power to receive, review, assess and even intervene in cyber-compliance and operational situations within critical industries in Canada; to make mandatory cybersecurity programs for critical industries; and to enforce regulations through regulatory and legal enforcement, with potential financial penalties. With this in place, the Governor in Council and the Minister of Industry would be afforded additional powers.

As the report notes:

If any cybersecurity risks associated with the operator’s supply chain or its use of third-party products and services are identified, the operator must take reasonable steps to mitigate those risks. While the Act doesn’t give any indication of what kind of steps will be required from operators, such steps may be prescribed by the regulations [at committee].

It goes on:

The Act also addresses cybersecurity incidents, which are defined as incidents, including acts, omissions or circumstances, that interfere or could interfere with the continuity or security of vital services and systems, or the confidentiality, integrity or availability of the critical cyber systems touching upon these vital services and systems. No indication is given as to what would constitute interference under the Act. In the event of a cybersecurity incident, a designated operator must immediately report the incident to the CSE and the appropriate regulator. At present, the Act does not prescribe any timeline or give other indication as to how “immediately” should be interpreted.

Some deficiencies in Bill C-26, as it is presently drafted, can be listed as follows:

The breadth of what the government might order a telecommunications provider to do is not sufficiently bounded.

The secrecy and confidentiality provisions imposed on telecommunications providers threaten to establish a class of secret law and regulations.

There is a potential for excessive information sharing within the federal government and with international partners.

The costs associated with compliance with reforms may endanger the viability of smaller providers.

The vague drafting language means that the full contours of the legislation cannot be assessed.

There exists no recognition of privacy or other charter-protected rights as a counterbalance to the proposed security requirements, nor are appropriate accountability or transparency requirements imposed on the government.

Should these recommendations or ones derived from them not be taken up, the government could be creating legislation that would require the public and telecommunications providers to simply trust that it knows what it is doing and that its actions are in the best interests of everyone.

Is it reaching the right decision to say that no need exists for broader public discussion concerning the kinds of protections that should be in place to protect the cybersecurity of Canada's telecommunications and networks? The government could amend its legislation to ensure its activities conform with Canada's democratic values and norms, as well as transparency and accountability.

If the government is truly focused on security for Canadians, should we not start by reviewing the gang and organized crime evidence showing that our present policies have failed? Should we not look at safety and security in our bail reform to protect innocent Canadians who become victims?

If Bill C-26 is a step in protecting Canada from cybersecurity threats, what is the review process to ensure compliance? What is the review process to ensure effectiveness and goals are met when we look at Bill C-75 regarding bail reform? The NDP-Liberal government is not interested in reviewing bail reform even though the evidence clearly shows that Bill C-75 failed.

Cybersecurity is important to our country's security, as are the victims of crime after their safety and security are violated. I am deeply concerned that the government is struggling with evidence-based information to review Bill C-26, as Bill C-75 and Bill C-5 are not supported by evidence. In fact, offenders and criminals are a higher priority than their victims are. My concern is if Bill C-26 requires amendment or review.

Bill C-26 proposes compliance measures intended to protect cybersecurity in sectors that are deemed vital to Canadian security. Therefore, although late out of the gate, Bill C-26 is a start.

In conclusion, I would like to see some clear accountability to ensure the objectives of this bill are met and that a proper review process is conducted that holds individuals, corporations, and most importantly, our government accountable.

[Rob Morrison, Conservative, Kootenay—Columbia, BC]

Madam Speaker, in the last several months, we have seen accountability raise its head here in Parliament with Bill C-5, Bill C-75 and Bill C-11. Without accountability, it is as though the government does not actually care what we are doing because with a majority government, the NDP and Liberals can make decisions based on what they think is right and there is no accountability.

With Bill C-5, the evidence is not there. Bill C-21, taking legal guns from legal gun owners, is another non-evidence-based process. With Bill C-26, which we are talking about today, it is time that we start building in some processes for accountability so the government is actually accountable for what it is doing.

[Rob Morrison, Conservative, Kootenay—Columbia, BC]

Madam Speaker, it is always an honour to rise in the House, especially when I can talk about safety and security.

I always try to enhance safety and security for Canadians at home and abroad, for our corporations that are major contributors to our economic base, and of course, for government institutions. Today, discussing cybersecurity in Canada is an opportunity to enhance our country's ability to protect us from cyber-threats.

Security is a significant concern for all Canadians. Lately, with the rise in organized crime and gang offences to the tune of a 92% increase in gang crime, I have to wonder when the government will be led by evidence, or in other words, provide evidence-based action. It is extremely important for our country to have cybersecurity to protect itself from threats, and I welcome Bill C-26. However, I am apprehensive about how successful this bill may be since accountability is a question that the opposition brings up every day in this House.

Bill C-26 is basically divided into two parts. The first part aims to amend the Telecommunications Act to promote the security of the Canadian telecommunications system. It aims to do this by adding security as a policy objective to bring the telecommunications sector into line with other infrastructure sectors.

By amending the Telecommunications Act to secure Canada's telecommunications systems and prohibit the use of products and services provided by specific telecommunications service providers, the amendment would enforce the ban on Huawei Technologies and ZTE from Canada's 5G infrastructure, as well as the removal and termination of related 4G equipment by 2027. Of concern is the time it took the government to react to enforce the ban on Huawei.

The second part aims to enact the critical cyber systems protection act, the CCSPA, which is designed to protect critical cybersecurity and systems that are vital to national security or public safety or are delivered or operated within the legislative authority of Parliament. The purpose of the CCSPA is to ensure the identification and effective management of any cybersecurity risks, including risks associated with supply chains and using third party products and services; protect critical cyber systems from being compromised; ensure the proper detection of cybersecurity incidents; and minimize the impacts of any cybersecurity incidents on our critical cyber systems.

The effects of this bill will be far-reaching, and there are some points to consider: The government would have the power to review, receive, assess and even intervene in cyber-compliance and operational situations within critical industries in Canada. There would also be mandatory cybersecurity programs for critical industries, as well as the enforcement of regulations through regulatory and law enforcement with potential financial penalties.

Under both provisions, the Governor in Council and the Minister of Industry would be afforded additional powers.

If any cybersecurity risks associated with the operator's supply chain or its use of third party products and services are identified, the operator must take reasonable steps to mitigate these risks. While the bill does not indicate what steps would be required from the operators, such steps may be prescribed by the regulations during a committee review.

The act also addresses cybersecurity incidents; a cybersecurity incident is defined as an:

incident, including an act, omission or circumstance, that interferes or may interfere with

(a) the continuity or security of a vital service or vital system; or

(b) the confidentiality, integrity or availability of the critical cyber system

touching upon these vital services. It does not indicate what would constitute interference under the act.

In the event of a cybersecurity incident, a designated operator must immediately report the incident to the CSE and the appropriate regulator. At present, the act does not prescribe any timeline or indicate how “immediately” should be interpreted. Again, there is an opportunity to address this at committee.

There are some concerns with Bill C-26 as it is presently drafted. What the government might order a telecommunications provider to do is not clearly identified. Moreover, the secrecy and confidentiality provisions of the telecommunications providers to establish law and regulations are not clearly defined.

As has been brought up today, potential exists for information sharing with other federal governments and international partners, but it is just not defined. Costs associated with compliance with reforms may endanger the viability of small providers. Drafting language needs to be in the full contours of legislation, and that could be discussed at committee as well. In addition, there should be recognition that privacy or other charter-protected rights exist as a counterbalance to proposed security requirements, which will ensure that the government is accountable.

Some recommendations, or ones derived from them, should not be taken up, such as that the government should create legislation requiring the public and telecommunication providers to simply trust that the government knows what it is doing. Of course, this is a challenge. Telecommunications networks and the government must enact legislation to ensure its activities support Canada's democratic values and norms of transparency and accountability.

If the government is truly focused on security for Canadians, should we not be reviewing our gang and organized crime evidence? Our present policies have failed. Should we not look at the safety and security of our bail reform in an effort to prevent innocent Canadians from becoming victims?

Bill C-26 is a step in protecting Canada from cybersecurity threats. What is the review process to ensure compliance and effectiveness, as well as that goals are met?

In terms of bail reform, even though the evidence clearly shows that Bill C-75 has failed, we see that the NDP-Liberal government is not interested in reviewing bail reform. Cybersecurity is important to our country's security; so are victims of crime after their safety and security has been violated.

I am concerned that the government is struggling with evidence-based information to review Bill C-26, as it has with Bill C-75 and Bill C-5. These bills are not supported by evidence. In fact, offenders and criminals have a higher priority than victims do. My concern is as follows: If Bill C-26 requires amendments and review, will the government follow up? It is so important to be flexible and to be able to address changes, especially in a cybersecurity world, which changes so rapidly.

Bill C-26 proposes compliance measures intended to protect cybersecurity in sectors that are deemed vital to Canadian security. Therefore, although late out of the gate, Bill C-26 is a start. However, since this bill proposes compliance measures intended to protect cybersecurity in sectors that are deemed vital to Canadian security, I would like to see individuals, corporations, and most importantly, the government held accountable. There should also be measures to ensure that the objectives of the bill are met and that there is a proper review process.

As I have stated, government accountability has not been a priority. For the proposed bill to succeed, there have to be processes for review and for updating the critical cyber systems protection act.

The failure of Bill C-75 on bail reform is clear with recent violent acts by murderers and individuals who should never have been out on bail. Today we are debating Bill C-26, and I would hope that there are lessons learned from our failure to review Bill C-75. In addition, we can learn from the failure of Bill C-5, as gang violence and organized crime rates are up 92%. Surely the government will open a door for review and making required changes to Bill C-26 on cybersecurity.

I am thankful for the time to speak on the responsibilities related to cybersecurity.

Criminal Code

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

Mr. Speaker, today I rise to talk about Bill C-295 and the new offences it would create in cases of neglect of seniors. The neglect of seniors and vulnerable people is a serious problem in Canada, and abuse is endemic.

Ensuring the protection of vulnerable seniors is a very personal matter for me. My grandfather and his companion were defrauded by a caregiver. They were vulnerable seniors who were victimized by an individual who they had every reason to believe they could trust. The circumstances are sadly familiar to thousands of other families who have endured senior abuse. They spent the final months of their lives worrying about money.

My grandfather's companion of nearly 30 years not only endured my grandfather's final months of illness and death, but also feared confrontation with the individual who defrauded them and remained in their neighbourhood. She worried about running into her at the grocery store or other places. My grandfather, who was 90 years old and in ill health at the time, did not live long enough to see justice done.

The police did not treat the case as a priority despite the case being relatively simple and straightforward. There was a poster in the police station that invited members of the public to report situations of abuse. The public communication around this problem is that it is a problem and should be reported to police, yet the police are slow to act and did not act within my grandfather's remaining time alive.

My grandfather was luckier than many. He had the support of family and was not ruined financially by the fraud. The particular fraud was not sophisticated and it was detected. Eventually, charges were laid and an arrest was made. He was not injured in body and was not denied physical care, but he was a vulnerable person like so many other Canadians.

I thank the member for drawing attention to the issue of vulnerable Canadians through this private member's bill. This bill is welcomed.

Sadly, neglect does not only occur in institutional settings, but this bill would address issues where neglect within institutions occurs by making changes to the Criminal Code that would hold operators and managers of such facilities to account when they neglect to provide the necessities of life to people in their care. I think all Canadians would agree that this level of neglect is a criminal matter and ought to be a criminal matter.

This bill would also allow courts to make an order prohibiting persons charged with certain offences from working in proximity to vulnerable Canadians. That is a good step forward as well.

There is so much that could be done. With private member's bills, we are very limited in what we can do with the one chance we get if we draw a low number for Private Members' Business. I certainly do not blame the member for all the things her bill does not do. However, there are many problems that need to be addressed, including fraud, emotional abuse, violence against seniors, abuse, neglect and other harms that occur outside of institutional settings. These are pressing issues the government needs to deal with.

I am disappointed by the government in this case. It has taken a private member's bill to make any headway on this issue, despite the Minister of Justice's own mandate letter, which calls upon him to take action. His mandate letter calls upon him to finalize a proper definition for “elder abuse”. It calls upon him to get better data on this problem and to establish new offences and penalties. He has not done so. This bill from a private member will, but the government, which has said this is a priority, has failed to do so.

The bill would actually fulfill a piece of the Conservative platform that my colleagues and I were elected on, so I certainly support the member in this. It does not matter to me who gets credit in this kind of thing. We want to improve the lives of Canadians, and that is what we can often do in Private Members' Business, so I support her efforts, but I am disappointed in the government for its lack of progress in this area.

We have a minister who was tasked with this, and I wish he had spent more time on protecting vulnerable Canadians than he has on expending enormous effort on Bill C-21, where the Liberals have had to backpedal on those amendments they put forward at committee. There was Bill C-5 that the minister put forward, which would actually weaken penalties and sentencing for violent crimes and other crimes.

Therefore, it is disappointing that we do not have a minister who will take this seriously, but fortunately we do have a private member who is taking a positive step forward.

We know the vulnerabilities of seniors in institutional care, like the vulnerability to neglect. This was all laid bare during the pandemic. We heard other members comment on this. The abandonment of vulnerable seniors, the failure to supply the necessities of life to seniors, is appalling. It was appalling to many Canadians, so action needed to be taken.

It is outrageous, really, that the Canadian Armed Forces would be called in to provide care in seniors facilities. That is not the purpose of our armed forces. That is not something we would normally think of in terms of aid to civilian authority by the Canadian Armed Forces. We are thankful for their ability and the work they did, but what a failure it was, down to an individual level in some cases, and certainly a failure of the management of facilities to ensure that vulnerable Canadians are able to get the necessities of life.

On the data, the minister's own report says there is an enormous gap and a failure to understand the extent and patterns of types of abuse, but Statistics Canada knows a bit about that. It says that between 2014 and 2019 the rate of violence against seniors grew faster than for any other age cohort, so we know that violence against seniors is on the rise. We know that fraud among seniors is on the rise.

I support what this member is doing with her bill. I am glad that this House is now taking time for us to give public voice to the vulnerable and to ensure that, I hope, fewer families and fewer seniors spend their final months as victims of crime. With that, I thank the member for her private member's bill.

Public Safety

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

Mr. Speaker, I can assure my colleague that our government has been working on very smart criminal justice reforms that are meant to keep our communities safe.

We brought forward Bill C-5, which will essentially address issues with systemic racism within the criminal justice system. We introduced Bill C-40 yesterday, which is for a criminal conviction review commission that is meant to ensure those who are wrongfully accused and convicted have a way out.

We will continue to work on smart criminal justice policy.

Justice

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

Mr. Speaker, the purpose of Bill C-5, is to address systemic racism and the overrepresentation of indigenous and Black people in the justice system. Yesterday, we announced the creation of a steering group to develop a justice strategy for Canada's Black people. I heard the testimony of people who have experienced systemic racism. We will continue to combat racism and Bill C-5 is part of our efforts.

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

Mr. Speaker, serious crimes always deserve serious consequences.

With Bill C-5, we abandoned policies that clogged our justice system and our prisons, and we decided to fight systemic racism. The Bloc Québécois voted in favour of Bill C-5 because it knew that minimum sentences do not work.

Our government is supporting victims of sexual assault. We are working on this. We introduced legislation and programs to reinforce support for victims, and we will continue that work.

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

Mr. Speaker, the Quebec National Assembly is concerned about the possibility under Bill C-5 of conditional sentences for some violent crimes, such as sexual assault. It is clear that Bill C-5 opens the door to problems.

The Bloc Québécois reiterates the fair compromise it had proposed during consideration of Bill C-5 that was rejected by the Conservative-Liberal federalist bloc: to restore minimum sentences for gun crimes and armed sexual assaults, while allowing judges to make exceptions. This remains the most balanced approach.

Does the minister understand Quebec's concerns and, if so, will he consider this compromise?

Canadian Heritage

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

Mr. Speaker, the National Assembly of Quebec is calling for changes to Bill C-11 and Bill C-5.

This involves the ministers of Canadian heritage and justice. These two bills have the support of the Bloc-Liberal alliance and go against the direction the Government of Quebec wants to take.

Will our two ministers, who are Quebeckers, shamefully supported by the Bloc Québécois, refuse to provide Quebec the help it is looking for and thereby deny the existence of the Quebec nation?

Justice

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

Mr. Speaker, as the Attorney General, it would be inappropriate for me to comment not just on a case that could be appealed, but on a case where there is not yet a final decision. I will not speak about that case.

What I can say to Canadians is that the purpose of Bill C-5 is to address systemic racism against indigenous and Black people in the system, and to set aside a system that did not work under the Conservatives.

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

Mr. Speaker, it is as though the minister always does things right.

Yesterday, the media reported on the case of Sobhi Akra, who pleaded guilty in January 2022 to sexually assaulting eight women between October 2017 and November 2018. Bill C-5, the brainchild of the Prime Minister and the Minister of Justice, who got some help from our Bloc Québécois friends, could make it possible for this criminal to serve his sentence in the comfort of his own home.

Quebec has also pointed out that Bill C-5 is a setback for the fight against sexual violence. I do not know where the minister is going with his answers, but it is obvious that there is a serious problem with Bill C-5. We have said so from the outset. The Bloc Québécois supported the Liberals, but it is time to reconsider.

Is the Minister willing to change Bill C-5 for the sake of the women?

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

Mr. Speaker, this Liberal government is facing mounting criticism over Bill C-5, and for good reason.

Quebec's justice minister, Simon Jolin-Barrette, tabled a motion in the National Assembly with the support of all members. The motion calls on this Bloc-centralist-Liberal government to amend the law stemming from Bill C-5 to make sexual assault offences ineligible for community sentences. We are in this position because of the complicity of the Bloc Québécois.

Will they do the right thing and protect women instead of helping criminals?

Canadian Heritage

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

Mr. Speaker, it is nice to see the Minister of Canadian Heritage, who often says that the Bloc is picking fights, all of sudden say that the Bloc is his biggest ally. As was the case for several bills, bills C‑5, C‑75 and C‑11, the Bloc is a great ally to the Liberals.

Can the minister give us an answer? Will the government send Bill C‑11 to committee so it can study the request of the Government of Quebec?