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.

Criminal Code

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

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

One thing my colleague has highlighted is the vast nature of the problem we are dealing with when it comes to crime. Whether it be Bill C-5 or Bill C-75 in the former Parliament, the Liberals have really made a mess of the situation. When I think of Bill C-5 and other ways the Liberals have dropped the ball here, I am thinking about sex offenders who are able to serve their sentences on house arrest and serious firearms offenders who, again, can get house arrest. I wonder if my hon. colleague can tell us where he thinks we should go next, especially when we think about how much work there is to be done.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Mr. Speaker, aspects of the bill need to be studied to ensure they are effective. Anything regarding violence against women should be paid special attention. As I have said, since the Liberals formed government eight years ago, sexual assault is up 71%.

I would kindly remind the Bloc Québécois that it supported Bill C-5, which passed in the fall under the former justice minister. It removed mandatory prison time for a number of dangerous gun offences. It also facilitated more house arrest for rapists.

In Quebec alone, there have been five cases where convicted rapists have not served one day in prison. Instead, they are serving house arrest. They get to be in the comfort of their homes after violating women in the most horrific way. The Bloc Québécois supported that.

The Quebec national assembly has called on the House to review that and undo the harm. We are the only party that did not support Bill C-5. Does the Bloc Québécois regret its decision to support it?

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

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

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

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

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

[Arif Virani, Liberal, Parkdale—High Park, ON]

Mr. Speaker, I thank the member opposite for her continued collaboration. I think she knows, after my last eight years in this place, that advancing equality and curing systemic overrepresentation have been a hallmark of all of the work I have always tried to do. This bill would not impugn that objective. This bill is targeted. It has been called for by indigenous communities and Black communities around the country. Those communities need to be safe from violence exactly the same as everyone else, and the work that we continue to do to cure overrepresentation is represented by Bill C-5, by the impact of race and cultural assessments, by dealing with anti-hate strategies and by the work we will continue to do on curing online harm.

Justice and Human Rights

[Larry Brock, Conservative, Brantford—Brant, ON]

Madam Speaker, it is always a privilege and honour to speak in the chamber, but, more importantly, to lend a voice to the fine residents of Brantford—Brant. On a topic such as this, with next to no notice, it is even more important that I lend an appropriate voice.

I come at debates on criminal justice issues and victim issues from a place of significant experience. I know that several members have heard me explain my background, but for those who have not, it is important to remark that, prior to being elected in September 2021, I enjoyed a 30-year legal career. In those 30 years, I saw both sides of the equation. I defended the worst of the worst for 12 years. I defended individuals charged with shoplifting, mischief, paintball, tagging and spray-painting offences, all the way up to and including murder.

I decided, after reflecting on my 12-year defence career, that it did not give me a sense of satisfaction, because, ultimately, when I cross-examined victims of crime from all walks of life, from young children all the way to senior citizens, it was heartbreaking to see how our criminal justice system works. It is extremely adversarial. Defence counsel have a job to do, and that job is to ensure that there is a fair trial, but, reflecting on the fairness of trials, sometimes one has to sacrifice one's personal beliefs and morals.

After 12 years, I was at the point when I was about to get married and wanted to start a family, and I asked myself what type of husband and father I wanted to be. I was taking steps to ensure serious violent offenders were escaping justice and responsibility. Although it is ultimately the task of a defence lawyer not only to ensure not fairness but also, hopefully, win the case, it certainly creates havoc with respect to the victim's sense of what type of system we have. My colleague, the member for Fundy Royal, could not have said it better: in our role as a parliamentarians, the theme we hear over and over again is that this is definitely not a justice system but merely a legal system.

When I joined the Crown's office in 2004, every single day that I was a public servant for the Province of Ontario left me with a gratifying feeling. Not only was I contributing to the fairness aspect of our legal system, our justice system, by holding offenders accountable, but also I was, in my small way, giving victims the voice they felt they had lost in being victimized, not being believed by police services, not being believed by legal professionals, or not being believed by judges. I took it as my personal mantra to dispel as many myths as possible when prosecuting, as I said, shoplifting, which has a societal impact, all the way to multiple murders. I have seen it all in my 18 years of Crown experience. I was left with a goal to ensure that, in my small way, I left victims whole again.

While offenders who do get punished usually end up in jail, depending on the nature of the crime, they will serve their sentence and move on with their lives. The same cannot be said for victims of crime. Some victims of crime live with the trauma of this experience for the rest of their natural lives. It was important for me as Crown counsel for the Province of Ontario to equip those victims who went through this horrific process and to give them the tools to put together their lives after this crime.

It begs the question of why I chose to leave a very rewarding, satisfying career as a Crown attorney to enter these halls. The answer is simple. I was sick and tired of seeing the escalation of crime from coast to coast to coast, but particularly in my small riding of Brantford—Brant.

I was born and raised in my riding. I remember growing up, all through high school, my university days, my law school days and ultimately my career as a lawyer and Crown attorney, it was a safe place to live and to raise a family. Literally, in the last 10 years of my practice as a Crown attorney, I was seeing a gradual increase in the prevalence of crime, but more so a prevalence of serious violent crime.

Early on in my Crown days it would be common not to prosecute a homicide for several years. Fast-forward to 2020 and 2021, when I ultimately took a leave of absence to pursue politics, and we had 12 homicides on the books, with a small office of six Crown attorneys. It was overwhelming.

It was not just the homicides. We had shootings, drug trafficking, fentanyl and all kinds of the nasty criminal activity this House speaks about literally on a daily basis and that we read about online or in the papers. That is what was happening. I felt my effective voice as a Crown attorney could only go so far. I wanted to be an instrument of change. I wanted to correct the wrongs with respect to our legal system.

I must say it was completely frustrating for me to arrive in this House and hear the government touting how serious it is about our justice system, about holding offenders accountable and about victims' rights. Everything it does ultimately is the complete opposite.

As my colleague has already indicated, Bill C-5 is a disaster. It is still a disaster, taking the most significant, serious, violent offences and opening up the possibility they can serve it in the comfort of their own homes. I am going to go further on conditional sentences, or house arrest. These individuals are entitled to work, spend some time in the community and go shopping.

That is not holding an offender accountable, so it brings me full circle as to why we are here. We are here because the Minister of Public Safety has lost the trust of Canadians and of this House, and on that basis, I am asking that the motion be amended.

I move:

That the motion be amended by deleting all the words after the word “That” and substituting the following:

the Seventh Report of the Standing Committee on Justice and Human Rights, presented on Monday, April 17, 2023, be not now concurred in, but that it be recommitted to the Standing Committee on Justice and Human Rights with instruction that it amend the same so as to recommend that the Minister of Public Safety immediately resign given his total lack of consideration for victims of crime in his mishandling of the transfer to more cozy arrangements of one of the worst serial killers in Canadian history, that this unacceptable move has shocked the public and created new trauma for the families of the victims and that the Minister of Public Safety's office knew about this for three months prior to Paul Bernardo's transfer and instead of halting it, the information was hidden from the families.

Canadian Environmental Bill of Rights

[Monique Pauzé, Bloc, Repentigny, QC]

Madam Speaker, I thank my colleague for his bill and the care he took to ensure that it did not affect Quebec's environmental sovereignty.

Can he clarify how his bill goes much further than the study we did in committee on Bill S‑5 with respect to the right to a healthy environment?

Sitting Resumed

[Claude DeBellefeuille, Bloc, Salaberry—Suroît, QC]

Madam Speaker, I am pleased to rise and speak this evening—although I must say the hour is late, almost 9 p.m.—to join the debate on Bill C‑47.

Before I start, I would like to take a few minutes to voice my heartfelt support for residents of the north shore and Abitibi who have been fighting severe forest fires for several days now. This is a disastrous situation.

I know that the member for Manicouagan and the member for Abitibi—Baie-James—Nunavik—Eeyou are on site. They are there for their constituents and represent them well. They have been visiting emergency shelters and showing their solidarity by being actively involved with their constituents and the authorities. The teamwork has been outstanding. Our hearts go out to the people of the north shore and Abitibi.

Tonight, my colleague from Abitibi-Témiscamingue will rise to speak during the emergency debate on forest fires. He will then travel back home to be with his constituents as well, so he can offer them his full support and be there for them in these difficult times.

Of course, I also offer my condolences to the family grieving the loss of loved ones who drowned during a fishing accident in Portneuf‑sur‑Mer. This is yet another tragedy for north shore residents. My heart goes out to the family, the children's parents and those who perished.

Before talking specifically about Bill C-47, I would like to say how impressive the House's work record is. A small headline in the newspapers caught my eye last week. It said that the opposition was toxic and that nothing was getting done in the House. I found that amusing, because I was thinking that we have been working very hard and many government bills have been passed. I think it is worth listing them very quickly to demonstrate that, when it comes right down to it, if parliamentarians work together and respect all the legislative stages, they succeed in getting important bills passed.

I am only going to mention the government's bills. Since the 44th Parliament began, the two Houses have passed bills C‑2, C‑3, C‑4, C‑5, C‑6, C‑8 and C‑10, as well as Bill C‑11, the online streaming bill. My colleague from Drummond's work on this bill earned the government's praise. We worked hard to pass this bill, which is so important to Quebec and to our broadcasting artists and technicians.

We also passed bills C‑12, C‑14, C‑15, C‑16, C‑19, C‑24, C‑25, C‑28, C‑30, C‑31, C‑32, C‑36 and C‑39, which is the important act on medical assistance in dying, and bills C‑43, C‑44 and C‑46.

We are currently awaiting royal assent for Bill C‑9. Bill C‑22 will soon return to the House as well. This is an important bill on the disability benefit.

We are also examining Bill C‑13, currently in the Senate and soon expected to return to the House. Bill C‑18, on which my colleague from Drummond worked exceedingly hard, is also in the Senate. Lastly, I would mention bills C‑21, C‑29 and C‑45.

I do not know whether my colleagues agree with me, but I think that Parliament has been busy and that the government has gotten many of its bills passed by the House of Commons. Before the Liberals say that the opposition is toxic, they should remember that many of those bills were passed by the majority of members in the House.

I wanted to point that out because I was rather insulted to be told that my behaviour, as a member of the opposition, was toxic and was preventing the work of the House from moving forward. In my opinion, that is completely false. We have the government's record when it comes to getting its bills passed. The government is doing quite well in that regard.

We have now come to Bill C-47. We began this huge debate on the budget implementation bill this morning and will continue to debate it until Wednesday. It is a very large, very long bill that sets out a lot of budgetary measures that will be implemented after the bill is passed.

I have no doubt that, by the end of the sitting on June 23, the House will pass Bill C‑47 in time for the summer break.

What could this bill have included that is not in there? For three years, the Bloc Québécois and several other members in the House have been saying that there is nothing for seniors. I was saying earlier to my assistant that, in my riding of Salaberry—Suroît, we speak at every meeting about the decline in seniors' purchasing power. I am constantly being approached by seniors who tell me—

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

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

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

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

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

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

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

[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.