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

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

Madam Speaker, let me begin by acknowledging that we are gathered here on the traditional unceded lands of the Algonquin Anishinabe people.

I am pleased to join in the debate today as we progress to the second reading of Bill C-283, regarding addiction treatment in penitentiaries. I thank the member for Kelowna—Lake Country for her advocacy on this important issue and for her hard work. As the member has noted, this bill aims to expand sentencing options to help address the root causes of criminal offending through treatment.

Our government is committed to protecting the health and safety of all Canadians, including those who are incarcerated and struggling with substance abuse issues. As my colleagues would agree, these issues cannot be addressed in isolation. Substance use is a social and health issue that intersects clearly with systemic racism and inequities. That is what I would like to focus on today.

The Minister of Public Safety's December 2021 mandate letter reaffirmed the requirement to continue to combat systemic racism and discrimination in the criminal justice system. This includes supporting work to address systemic racism and the overrepresentation of Black, indigenous and racialized Canadians within the criminal justice system.

The Minister of Justice and Attorney General of Canada introduced Bill C-5, an act to amend the Criminal Code and the Controlled Drugs and Substances Act, last December. It received royal assent, and we are hopeful that it will make a significant impact in our criminal justice system in addressing these issues. Bill C-5 aims to restore judicial discretion to impose fit sentences and to address overincarceration rates among indigenous and Black persons, and members of marginalized communities who are overrepresented among those convicted of certain drug- and firearm-related offences. Harms related to substance use would be treated as a health and social use rather a criminal one.

The Minister of Public Safety, in concert with the provincial and territorial colleagues, addressed many of these important matters head-on at recent meetings of ministers responsible for justice and public safety. Work is under way to implement the United Nations Declaration on the Rights of Indigenous Peoples Act, across the country and within provincial and territorial jurisdictions. Excellent collaboration continues with the FPT working group on the development of the indigenous justice strategy and in addressing systemic discrimination and overrepresentation of indigenous persons within the criminal justice system.

The ministers also affirmed, in light of the James Smith Cree Nation tragedy last year, the need to work with indigenous leaders to ensure their communities are safe and supported. The ministers agreed to collaborate on the development and implement of the Canada's Black justice strategy to address anti-Black racism and discrimination within Canada's policing and criminal justice system.

Another key priority was the ongoing opioid crisis. Again, substance use is a public health issue that must be balanced with public safety. In practice, that means diverting individuals away from the criminal justice system at an early stage, through rehabilitative and treatment programs or increased use of conditional sentences.

Our government is very much seized with the work to both build safer communities and help break the cycle of substance-related harms by addressing the root causes of criminality. On its surface, Bill C-283 appears to have the same goals. It proposes to offer offenders the possibility of serving all or part of their sentences in a designated addiction treatment facility.

Let us examine some of the bill's unfortunate oversights and exceptions. Proposed section 743.11 would stipulate that those whose offences carry a maximum penalty of 14 years' imprisonment or life in prison, and those who have committed offences resulting in bodily harm, involving a weapon, or drug trafficking or production, would not be eligible to serve their sentences in a designated addiction treatment facility. This is a problem.

With respect to overrepresentation, Bill C-283 runs counter to our goals. We know that indigenous and Black persons are overrepresented in federal penitentiaries. According to the data, over 68% of indigenous women in custody are serving a federal sentence of more than 10 years. Black offenders represent the largest proportion, 42%, of offenders convicted of importing or exporting drugs.

Overall, Black and indigenous persons tend to be subject to longer sentences, and I invite members opposite to look at the Auditor General's report on corrections, released late last year, which talked about systemic racism. It is, therefore, clear that Bill C-283 would exclude some of the most vulnerable and overrepresented members of the custody population, those who, in fact, may be most directly in need of treatment and rehabilitation.

In addition, proposed paragraph 743.11(1)(a) of the bill would require the offender to show evidence of repeated good behaviour in order to indicate that substance use has contributed to their actions. Here is yet another barrier to accessing treatment for incarcerated people. Not everyone who needs support and services may have a history or a pattern of behaviour: for example, those who have only recently begun using opioids.

This could also represent a prohibitively expensive burden for offenders who do not have the means to provide submissions established in their history or repeated behaviour. Bill C-283 would therefore not only make those individuals ineligible for treatment, through no fault of their own, but also create significant issues of inequity, with BIPOC and socio-economically disadvantaged offenders being denied services at a disproportionate rate.

This bill flies in the face of the Minister of Public Safety's December 2021 mandate letter, which reaffirmed the need to continue to combat systemic racism and discrimination in the criminal justice system. It is also misaligned with Correctional Service Canada's commitment to addressing the overincarceration of indigenous peoples. Again, that is why our government introduced Bill C-5, to treat harms related to substance use as a health and social issue and not a criminal one. Ultimately, the measures in Bill C-5 will help address overincarceration rates among indigenous and racialized persons convicted of certain drug- and firearms-related offences. In contrast, Bill C-283 would undermine these goals.

Despite its veneer of concern for the health and safety of offenders who use substances, this bill is not designed to help those who need it the most. I encourage all members to join me in voicing their concerns about this bill.

Justice and Human Rights

[Gary Anandasangaree, Liberal, Scarborough—Rouge Park, ON]

Mr. Speaker, I have an incredible amount of respect for Dr. Zinger. I have followed his work for the last decade, and he is one of the most underused persons in this House. He is absolutely right. If we look at Bill C-5, which again the party opposite consistently and continuously drags down, its aim is to address the issues of overrepresentation. Again, I go back to smart public criminal policy.

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

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

I am going to follow up on the last point my friend and colleague just made, which was in regard to sentencing.

I know he mentioned Bill C-5, and we may have some disagreement on minimum penalties. For instance, if memory serves, the maximum penalty for assault is five years when proceeded by an indictment and two years less a day when proceeded summarily.

Does my colleague believe or agree that perhaps we need to elevate the maximum sentences when it comes to intimate partner violence?

I would point out a couple of things. One is the fact that the Criminal Code talks about people who are vulnerable, and when we talk about the cycle of violence, we are in fact talking about people who are vulnerable. The second is that the Criminal Code mentions that it is an aggravating feature to abuse one's intimate partner.

Given those factors, would he propose raising the maximum sentences for people who abuse their intimate partners?

[Gary Anandasangaree, Liberal, Scarborough—Rouge Park, ON]

Mr. Speaker, I agree.

Reducing sentences is not a good thing, particularly in the case of intimate partner violence. What is important is that our government is undertaking reforms that would really speak to a number of issues in our communities. Bill C-5, for example, would address issues with mandatory minimum penalties, which we know do not work. What we have done with Bill C-5, for example, was allow judges to make decisions based on the individual who is before the court that are based on a number of different personal circumstances, and I think it is smart public policy. We will continue toward reform that is meant to be smart, that is meant to address issues of serious criminality and also to ensure that intimate partner violence is not accepted, in any way, in Canada.

Criminal Code

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

moved for leave to introduce Bill C‑325, An Act to amend the Criminal Code and the Corrections and Conditional Release Act (conditions of release and conditional sentences).

Madam Speaker, MPs have the great privilege to introduce legislation, and I am using mine today. In my political career, I have had many opportunities to question the government about measures needed to deal with violent criminals. I am trying to achieve three things by tabling this bill.

First, the bill would create a new offence for the breach of conditions of conditional release imposed in relation to certain serious offences.

Second, the bill would require the reporting of those breaches to the appropriate authorities.

Third, the bill would amend the Criminal Code to preclude persons convicted of certain offences from serving their sentence in the community.

We are talking here about protecting the public. Bill C‑5, which was passed this fall, has had a dramatic impact. For example, men convicted of serious sexual assault are using it to get house arrest. My role as an MP is to work for Canadians and Quebeckers and take actions that will allow us to live in a safe country.

That is why I am so proud to respond to the motion adopted by the National Assembly of Quebec on February 15 calling for aggravated sexual assault and other sexual assault offences to be ineligible for community sentences.

I hope that my bill will transcend party lines, that the Bloc Québécois will support it without hesitation, and that we shed our political stripes and convictions to focus on one goal: the safety of our constituents.

(Motions deemed adopted, bill read the first time and printed)

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.

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

Thank you, Mr. Montour.

Since you are both indigenous, if I have understood correctly, I will ask you this question.

Earlier, when I spoke about the former Bill C‑5 which repealed minimum sentences, the minister stated that the government had done so because there were too many racialized or indigenous people in prisons.

We are obviously all sensitive to the fact and no one wants to have a discriminatory system. However, the statistics don't lie: it is true that proportionately, there are more indigenous than non‑indigenous people in prison. I find myself asking why this is. Is it because the police are targeting these people too harshly? Is it because the judges are too strict? Is it because of a lack of services in the communities that could help these people?

As I am not indigenous, I've always had trouble understanding why this is so, but we are continuously being fed this argument and I would like to hear your point of view on the issue.

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

Thank you, Mr. Chair.

Mr. Davis, Mr. Montour and Mr. Lecky, thank you.

The former Bill C‑5 repealed a certain number of mandatory minimum sentences. In Quebec, people have invoked these changes to question the seriousness of the charges that they are accused of. This issue is front and centre for me as we talk about offenders being released on bail.

Moreover, you spoke about the fact that a number of people will use the Gladue principles to try and influence the sentence that they may receive, but also to be released on bail. Obviously, we are talking here about indigenous persons, but some other people may invoke the Gladue principles.

In your opinion, doesn't the combination of all these factors influence the work of the courts who look at all the evidence provided when a decision must be made concerning possible release on bail?

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

Thank you, Mr. Chair.

I have two and a half minutes, Minister.

First off, I fully support the principle of giving judges some latitude. I have confidence in our justice system. I'm very glad that we've already passed provisions to improve the training judges receive on various aspects. It's like apple pie. Who can be against that?

The fact remains, however, that Parliament is sending messages to the courts. In applying provisions of the law, judges rely on what lawmakers have said and written on the subject. You know as well as I do that judges have to interpret legislative instruments all the time.

As I said earlier, we are in an era when the government is relaxing certain rules. The passage of Bill C‑5 brought with it the elimination of minimum sentences for serious crimes such as discharging a firearm with intent. Minimum sentences for sexual assault offences were also eliminated. The message that sends the courts is a bit counterproductive, in my eyes.

Don't you think it would be a good idea to reinstate minimum sentences for those offences? That could eliminate conditional sentencing and sentences served at home for accused in sexual assault cases, while giving judges the discretion to depart from mandatory minimum sentences in exceptional circumstances. Courts would have to explain what those exceptional circumstances were and why the sentence departed from minimum sentencing principles. That would avoid conditional sentencing, reassure the public and send the courts a clear message: lawmakers take these offences very seriously.

Wouldn't that also improve things in relation to parole, helping judges gain a better understanding of the scope of the offences committed?

[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.