Bill S-12 (Historical)

An Act to amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act

This enactment amends the Criminal Code , the Sex Offender Information Registration Act and the International Transfer of Offenders Act to, among other things,
(a) require compliance with the Sex Offender Information Registration Act for persons who are convicted of an offence of a sexual nature against a child and for persons who have been convicted on separate occasions of two or more offences of a sexual nature;
(b) require other persons who are convicted of, or receive a verdict of not criminally responsible on account of mental disorder for, an offence of a sexual nature to comply with that Act unless a court is satisfied that doing so would have no connection to the purposes of that Act or that the impact on the person of doing so would be grossly disproportionate to those purposes;
(c) provide that an order to comply with that Act as a result of convictions, or verdicts of not criminally responsible on account of mental disorder, for two or more offences of a sexual nature that are dealt with in the same proceeding — or an obligation to comply with that Act as a result of convictions, or such verdicts, for two or more offences of a sexual nature — does not apply for life if a court is satisfied that the offences do not demonstrate a pattern of behaviour showing that the person presents an increased risk of reoffending by committing such an offence;
(d) authorize a peace officer to obtain a warrant to arrest a person who has contravened any of sections 4 to 5.1 of that Act and bring them to a registration centre to remedy that contravention; and
(e) clarify the obligations in section 6 of that Act respecting the notice that sex offenders who plan to absent themselves from their residence must provide.
The enactment also amends the Criminal Code to, among other things, codify the process for modifying and revoking publication bans, and add a requirement for sentencing courts to inquire into whether the victim of an offence would like to receive information about the administration of the offender’s sentence and, in the affirmative, provide the Correctional Service of Canada with the victim’s contact information.

Department of Justice—Main Estimates, 2024-25

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

Mr. Speaker, I would just reflect on the fact that when we were looking at Bill S-12, if I remember the number correctly, with the sex offender registry, we heard greatly from victims about the context of things like non-disclosure agreements and where their autonomy was vitiated, and we looked at how we could recalibrate that so they could have control over their information. That is important and guides me in the work I do. What I would also underscore is that in the victims fund, we injected an amount of $40 million in 2023-24 to support victim-focused measures.

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

Madam Chair, high-risk sex offenders are obviously a priority of ours. I indicated that we re-established the sex offender registry through the swift passage of Bill S-12.

Corrections and Conditional Release Act

[Chandra Arya, Liberal, Nepean, ON]

Mr. Speaker, it is a pleasure to discuss Bill C-320, an act to amend the Corrections and Conditional Release Act.

Victims who share their contact information with the Correctional Service of Canada and/or the Parole Board of Canada and who meet the definition of “victim” outlined in the Corrections and Conditional Release Act, CCRA, are entitled to receive certain information about the person who harmed them.

This information includes review and release eligibility dates, which are provided to victims in an initial contact letter. Bill C-320 would require that victims be provided with an explanation of how those dates are determined. Across the country, victims of serious crimes may deserve to know how sentences are administered, including eligibility for temporary absences and parole.

Together, the Correctional Service of Canada and the Parole Board of Canada have over 8,000 registered victims. We have heard from them, and they and their families want clarity and transparency. I look forward to supporting Bill C-320 to provide that increased clarity and transparency that victims of crime are asking for.

Additionally, I want to thank the Standing Committee on Public Safety and National Security, for its expeditious study. The committee has returned to this place an unamended bill, which received unanimous support. I look forward to that unanimity continuing in our debate today.

Ensuring that the rights of victims are upheld is important. Our government has passed new legislation to continue to support victims' rights in the form of Bill S-12. That legislation ensures that victims receive ongoing information about the offender after sentencing and would improve the law on publication bans by giving a greater voice and clarity to victims in regard to imposing and lifting a publication ban. Bill C-320 shares similar aims to Bill S-12.

As members know, the CCRA governs both the Correctional Service of Canada and the Parole Board of Canada. It is the foundation on which people serving federal sentences are supervised and conditional release decisions are made. It also recognizes that victims of crime have an important role to play in the criminal justice system. It provides victims with an opportunity to access certain information and participate in the federal corrections and conditional release process. With the CCRA and the Canadian Victims Bill of Rights as a foundation, a variety of government departments, including the Parole Board of Canada and the Correctional Service of Canada, work together to provide information services to victims.

The Canadian Victims Bill of Rights expanded the information available to victims as it relates to hearings by allowing victims who were unable to attend a hearing to request to listen to an audio recording of the parole hearing. At any time, victims may also submit information that details the physical, emotional or financial impact the offence has had on them to the Parole Board for consideration in its decision-making. They may also raise any safety concerns they may have related to the offender's risk of reoffending.

As part of the victim statement, victims can also request that the board consider imposing special conditions on an offender's release. All this information assists board members in assessing risk and determining if additional conditions may be necessary to impose if release to the community is granted. They may also raise any safety concerns they may have in relation to the offender's risk of reoffending. As part of the victim statement, victims can also request that the board consider imposing special conditions on the offender's release.

All this information assists board members in assessing risk and in determining if imposing additional conditions may be necessary if release to the community is in fact granted. The protection of society is the paramount consideration in all parole board decisions. I will also note that Public Safety Canada plays a role in improving victims' experiences with the federal corrections and conditional release systems.

The National Office for Victims engages with victims, their advocates and service providers. It hosts annual round tables, develops information products about victims' rights and services and applies a victim's lens on corrections and conditional release policy development. Victims can also receive information in the format of their choosing, including through the Victims Portal. They can submit information electronically, including victim statements.

These services respect a victim's right to information, and this information serves to engage and to empower victims to make informed decisions in relation to their rights to participation and protection.

[John Aldag, Liberal, Cloverdale—Langley City, BC]

Mr. Speaker, I am pleased to participate in the discussion on Bill C-320. As we reach report stage of this bill, I would like to express gratitude to the hon. member for Oshawa for bringing this important bill to the House.

Bill C-320 is an important piece of legislation aimed at increasing victims' understanding of corrections and conditional release. According to existing federal law, victims who share their contact details with the Correctional Service of Canada or the Parole Board of Canada and who meet the legal definition of victim are entitled to specific information about those responsible for harming them. This information includes key dates indicating when offenders may be eligible for review and release.

Should Bill C-320 be accepted, it would amend the law to ensure that victims not only know when offenders could be released but also, importantly, understand how officials determined those eligibility dates.

The government supports this legislation, and I encourage hon. members to lend it their full support. The purpose of this bill aligns with the government's commitment to upholding victims' rights to information while taking into consideration offenders' privacy rights.

Victims of crime and their families seek clarity, transparency and opportunities to have their voices heard within the justice system. Bill C-320 aims to provide the clarity and transparency they seek, offering victims of offenders more information about crucial eligibility and review dates in advance.

This legislation lets victims know that we hear them. It clearly aligns with our commitments to support victims' rights, including their need for information. This bill builds upon the progress made in recognizing and upholding the rights of crime victims in our country.

Over the years, governments of various affiliations and members from both sides of the chamber have taken actions to advance victims' rights. This evolution began back in 1988. At that point, the House endorsed a statement of basic principles of justice for victims of crime. Subsequently, federal laws provided victims with a voice at sentencing hearings, emphasizing their rights based on an increasing understanding of their needs.

The enactment of the Corrections and Conditional Release Act in 1992 first entitled victims to receive information about the offender who harmed them. In 2003, the government updated and re-endorsed the statement of basic principles, and in 2015, the Canadian Victims Bill of Rights became law, solidifying victims' rights in various ways.

Under the Corrections and Conditional Release Act, victims of crime are legally entitled to receive information on inmates' progress towards meeting the objectives set out in their correctional plan, to name a representative to receive information on their behalf, to access a photo of the person who harmed them prior to release and to receive reasons if the Parole Board of Canada does not impose any release conditions requested by victims. Moreover, victims can actively participate in Parole Board hearings, virtually or in person, presenting victim statements and requesting special conditions for an offender's release.

Recent legislative measures, such as Bill C-83, further strengthened victims' rights by making audio recordings of parole hearings available to all registered victims of crime. As well, the National Office for Victims, in collaboration with federal partners, continues to produce informative materials on sentence calculation rules that are available online.

The progress made is a testament to ongoing conversations among victims of crime, elected representatives and government officials. These conversations, embodied not only in Bill C-320 but also in recent legislative initiatives, such as Bill S-12, affirm our commitment to victims' rights. Bill S-12, which received royal assent on October 26 of this past year, seeks to connect victims of offenders with ongoing information and to enhance publication ban laws. In addition, the Correctional Service of Canada and Parole Board of Canada work tirelessly to raise awareness of victims' rights.

In the government's view, Bill C-320 aligns with these sensible, non-partisan and multi-generational advancements. Victims of crime and their families want clarity and transparency. They want a voice, and they want that voice to be heard. This is why I look forward to passing Bill C-320 in the House today, and I encourage other members here to join me.

Public Safety

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

Mr. Speaker, this is a serious issue that requires a serious response. It is not something that should be highlighted in a negative way in the House of Commons.

The Liberal government has taken steps through Bill S-12, Bill C-3 and Bill C-51. We have taken serious measures to address sexual assault crimes, including sexual assault offenders being included on the sex offender registry.

Fall Economic Statement Implementation Act, 2023

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

Mr. Speaker, this is a difficult moment for me, not because I had to find a new seat near the exit, not because it took me two tries to get to Ottawa because of the fog and not because I come from an Irish family of criers, but because it is really a moving moment for me.

I want to thank the member for LaSalle—Émard—Verdun for the friendship we have developed in the House. He has a great record of accomplishment, about which he spoke, but I want to point out something someone asked me on the plane last night, and that was how I could go to work in such a negative place. My response was that, unfortunately, all people see is question period, which is theatre, where people have other agendas they are pursuing, but they do not see the hard work that goes on behind the scenes, the co-operation and the friendships that are built. I really meant that, and the member for LaSalle—Émard—Verdun is a great example of this.

I made a quick list, because I had 15-minutes notice that I had this opportunity, on the number of things he and I worked on together and his willingness to take action to ensure we improved the justice system in Canada, in particular for indigenous people and the work he did on Bill C-5 to reduce mandatory minimums, which fall very hard on the most marginalized in our society.

He mentioned the conversion therapy ban. His work with the leader of the Conservatives and all parties meant we were able to pass that ban unanimously, something which I remain very proud of the House for doing.

He worked on Bill C-40, with which we are not quite finished, on the miscarriages of justice commission. Again, miscarriages of justice fall very hard on the most marginalized, particularly indigenous women. My pledge to him is that I will work as hard as I can to get that done, hopefully by the end of this month. We only have a couple of days, but I think we can get that done.

He also helped shepherd medical assistance in dying legislation through the House when I was initially the NDP critic. This was the most difficult issue in my 13 years here because of the very strong feelings on all sides of the issue. The minister always demonstrated his ability to listen, to be empathetic and to try to find solutions that would keep us all together on this very important issue about reducing suffering at the end of life, not just for the person but for the families of people who need that assistance at the end.

One last one is that I approached the minister about the publication ban on survivors of sexual assault and how many of them felt stifled by the publication ban. He asked what we could do to fix it. Eventually he agreed to add the ability to lift the publication ban in Bill S-12, and it came to the House. This was an example of how, when I approached him with an idea and a problem, he always looked for solutions and a way to bring us all together.

I know he will continue to contribute to Canada once he leaves the House, though I am not sure in exactly what way or if he is sure in exactly what way. He is one of the finest members of Parliament I have ever had the privilege to work with, and I thank him for his contributions here.

Public Safety

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

Mr. Speaker, when I say my heart goes out to this family, I say that on behalf of every member in this chamber. No family should have to experience what this family is currently going through.

We recently passed Bill S-12 in this House, which addresses some of these concerns about online safety. The protection of children in our society is of utmost importance. I have a commitment from this side of the House, and from all sides of the House, that we will do everything we can to make sure they are protected.

Justice

[Arif Virani, Liberal, Minister of Justice and Attorney General of Canada]

Mr. Speaker, I thank the member for her question and her commitment.

Gender-based violence is an epidemic in Canada. We recently passed Bill S‑12 to improve the national sex offender registry and give victims more power in the criminal justice process. We also passed a bill that guarantees that judges will receive sexual assault training.

We will continue to fight against gender-based violence so that all Canadians, both men and women, can be safe and feel safe.

Court Challenges Program Act

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

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

Before I begin, I want to pass on my condolences and recognize the life of Eugene Dery from my riding. He leaves behind a son, who is approximately 20 years old, Dax, and his wife Kim Galloway, whom I met through my sister. I grew up knowing them and have known them throughout the years. I extend my deepest condolences to the family. May perpetual light shine upon him.

On a more positive note, I want to recognize Ethan Katzberg from my riding. Mr. Katzberg took home gold in the hammer throw. Good for him. We are obviously very proud of him. He is the one to beat, following in the line of Dylan Armstrong. We look forward to seeing Ethan at the Olympics doing his best to represent not only Canada but also Kamloops—Thompson—Cariboo.

We are here today to discuss Bill C-316, an act to amend the court challenges program. This is an interesting act when we think about it. In my research to prepare for my speech, I saw that the court challenges program has existed for a great deal of time. I knew that it existed, but I was not sure exactly how it had operated in the past.

One of the things that struck me is that this bill would enshrine the court challenges program into law. I know that my colleague from Lethbridge did an excellent job in her speech on this issue, but I will be addressing some of the points she made and perhaps some of the points that the sponsor of the bill made. I have some concerns.

The reality is that with this legislation, in my respectful view, we would be legislating an undermining of Parliament in a certain way. Parliament passes laws and the courts interpret them; there is no issue there, and frequently the courts will engage in a dialogue. I raised this with Justice Moreau of the Supreme Court of Canada, although I am not sure if she has been sworn in. She is the chief justice for Alberta for the time being if she has not been.

I asked her about the dialogue between Parliament and the courts. Parliament speaks through its legislation, the courts interpret the law and then Parliament speaks again if it needs to. This bill would essentially fund people to go to court to, in my view, look at ways that Parliament got it wrong. That is not to say the courts need any help. Frequently, the courts strike down legislation passed by Parliament, or they uphold it as constitutional, but those things happen irrespective of a third party like this.

From what I can see, this program costs $5 million at this time. It could be substantially more. By my estimation, about 30% of that alone is bureaucratic costs. We have been talking a lot about heating oil and things like that. How many heat pumps is the government going to buy for people? How many heat pumps would $5 million buy? Sometimes we lose sight of the fact that we often talk here in the billions of dollars.

A senior contacted my office not long ago saying they had to choose between putting food on the table and buying shoes. To them, $5 million sounds like a lot of money. I know it certainly was when my family came from Italy. They did not really have two pennies to rub together. Sometimes we lose sight of this.

Not only that, we would create a bureaucratic entity beyond asking people to challenge our laws. There is no issue with the idea that people disagree with what Parliament passes. It happens all the time. That is why the courts will make various decisions. However, this is done routinely when somebody brings an action to the court.

I am going to underscore as well that when we pass legislation here, it goes through second reading debate. Sometimes bills pass with unanimous consent, but very rarely will a significant bill pass that way. I think I have seen it twice so far.

Bills go through second reading debate and then go to committee. Who do we hear from at committee? We hear from witnesses. On the justice file, who are those witnesses? Invariably, they are lawyers, experts who will tell us what is wrong with the bill: “Your bill has this constitutional frailty in this spot and this spot.” Then someone else will come in and say, “Yes, I agree, but I don't think the frailty is here and here, I think it might be over here.” What do we do? We take that and go back, potentially through an amendment. At third reading, we have more debate, and then it goes to the Senate. What happens at the Senate? There is more debate. Then, eventually, we will have royal assent after it has gone through the machinations in the Senate and then it goes to the courts. There is this idea that Parliament does not have ample opportunity to get it right and to hear from the very lawyers who will be making these courts challenges.

However, these challenges are made supplementary to the actual challenge. What I mean by that is, for example, somebody who believes that they are aggrieved by the statute on charter grounds will say, “This offends my section 7 right to life, liberty and security of person”, and they will challenge the law on constitutional grounds. Frequently, I presume, this program will fund somebody to intervene. Well, somebody is already making that challenge in a lot of instances from what I can see, and so I question the efficacy of that.

The other issue I have is that this issue is run through a university. I used to teach at Thompson Rivers University and I will give a shout-out to them, but this is done through the University of Ottawa. Now, we will obviously have in a university faculty, particularly one like law, divides. Some people are going to have one view of the law and some people will have another view of the law. In here, we have Liberals, Conservatives, New Democrats, Greens and the Bloc. They are going to have different perspectives on how the world works, which is fine; actually, it is more than fine, it is central to a thriving democracy. However, the people who administer this program are going to be, through their perspective, deciding who gets these programs. Invariably, there will be winners and losers, and it does not seem to me that we know exactly how that is going to be administered, especially when it is being administered right now through a third party. That, in my view, does raise some issues.

The importance of people who are writing academically cannot be underscored. It is, in my view, central to anybody who is a professor, particularly a professor of law or political science. We do frequently receive feedback. We, as members of Parliament, are expected to take feedback on our laws. In my view, that is the correct mechanism by which we should be addressing these laws and not funding people who would not otherwise be in court on a matter of their own in doing so.

One of the issues that we have seen about this dialogue is that, in my view, this Liberal government has not necessarily acted well on that dialogue. For example, Bill S-12, the issue of the sex offence registry, was taken literally right down to the last day. It is how the courts work. The courts act and Parliament reacts. Parliament legislates, the courts interpret and it is up to Parliament to react. It took us literally months. We could not actually get this right. That is how things are supposed to be working. We can also look at this when it comes to that extreme intoxication case that we had to legislate on very quickly. However, sometimes, and this is one failing of the Liberal government of many on the justice bill, this Liberal government does not always react.

If we want to look at places where we should be devoting our resources, the courts have said that it is unconstitutional to have back-to-back first degree murder convictions and for parole ineligibility to be served consecutively.

I am out of time and so I will wrap it up there.

Criminal Code

[Darren Fisher, Liberal, Parliamentary Secretary to the Minister of Mental Health and Addictions and Associate Minister of Health]

Madam Speaker, I am pleased to join the second reading debate of Bill S-205, an act to amend the Criminal Code and to make consequential amendments to another act. I am pleased to reiterate the government's support for Bill S-205. This legislation has the important goal of better protecting victims of intimate partner violence.

In light of last week's tragic instance of intimate partner violence in Sault Ste. Marie, we are reminded of the devastating impact these crimes have on individuals and communities. My heart breaks for the senseless loss of life in Sault Ste. Marie, and I am thinking of the victims' loved ones. Intimate partner violence and gender-based violence in general have no place in Canada. I know my colleagues from all parties share this sentiment.

Bill S-205 would make changes to the Criminal Code's bail and peace bond regimes in order to address intimate partner violence. The bill would also make consequential amendments to the Youth Criminal Justice Act. These are important objectives. Today, I will elaborate on some concerns that we have with this bill and how we think it can be improved. I will also discuss our government's most recent complementary efforts to support victims of intimate partner violence and victims of crime in general.

As my colleagues have mentioned, Bill S-205 would require prosecutors to ask courts whether the victim has been consulted about their safety and security needs prior to making a bail order for an individual who is charged with an intimate partner violence offence. In addition, Bill S-205 would require courts to ask prosecutors whether victims have been informed of their right to request a copy of the bail order made by the court.

The next element of Bill S-205 that I would like to highlight is the expansion of a reverse onus for bail on intimate partner violence crimes. The reverse onus would be expanded so that it applies not only to accused persons who were previously convicted but also to those previously discharged, conditional or absolute, for an intimate partner violence offence. This particular measure is also contained in our government's bill, Bill C-48, which already passed this House and is awaiting third reading in the Senate. We were certainly concerned to see that the senators voted to remove this measure from the bill, and I hope that my colleagues agree that we should reinstate it in Bill C-48. This provision builds upon previous government legislation that enhances our federal response to intimate partner violence, including former Bill C-75. I hope this House rejects the amendments to Bill C-48.

Next, Bill S-205 would require a justice to consider, on request of the Crown, whether the accused should wear an electronic monitoring device as a condition of release. I want to point out that this provision would also undo an important change made by Bill C-233, an act to amend the Criminal Code and the Judges Act, violence against an intimate partner, which received royal assent on April 27. If Bill S-205 is passed, electronic monitoring would be identified as an explicit condition of bail that could be imposed in all cases, and not just in cases involving violence against an intimate partner as is now the case because of the changes enacted in Bill C-233.

Last, this bill would create a new peace bond specific to cases involving intimate partner violence with a duration of up to two years, or three years if the defendant was previously convicted of an intimate partner violence offence.

I want to reiterate that I support the objectives of this bill, but I believe that changes should be considered to better align the proposed amendments with its objective. These changes could also minimize the potential for unintended negative impacts on groups who are already overrepresented in the criminal justice system, and ensure coherence with existing criminal law.

Next, I want to discuss how Bill S-205 fits into a broader framework of our government's support for victims of crime. I have already mentioned Bill C-48, which passed here on unanimous consent of all members. I want to thank colleagues across the aisle for their support and for recognizing the importance and urgency of Bill C-48. It is a direct response to requests made by the provinces and territories, as well as law enforcement agencies from across our country. This piece of legislation would strengthen Canada's bail laws to address the public's concerns relating to repeat violent offenders in offences involving firearms and other weapons.

Bill C-48 would introduce a reverse onus at bail on the use of dangerous weapons such as firearms, knives and bear spray. Bill C-48 would also create a reverse onus for additional indictable firearms offences, including unlawful possession of a loaded or easily loaded prohibited or restricted firearm, breaking and entering to steal a firearm, robbery to steal a firearm and making an automatic firearm.

Through this bill, we are sending a strong message that crimes committed involving a firearm are unacceptable and represent a dire threat to public safety. We have seen too many lives lost to gun crime.

As I have mentioned previously, Bill C-48 would also strengthen the existing reverse onus that applies to accused persons charged with an offence involving intimate partner violence when they have a previous conviction for this type of an offence. Bill S-205 has this same objective, and I am glad to see members from all parties take intimate partner violence seriously.

Another proposal in Bill C-48 relates to what considerations the court must make when deciding whether to release someone on bail. A former bill, Bill C-75, passed in 2019, amended the Criminal Code to provide that before making a bail order, courts must consider any relevant factor, including the criminal record of the accused or if the charges involve intimate partner violence.

Bill C-48 would expand this provision to require courts to consider if the accused's criminal record includes a history of convictions involving violence. Bail courts would be specifically directed to consider whether the accused has any previous violent convictions and whether they represent an increased risk of reoffending, even when the proposed reverse onus does not apply. This change would enhance public safety, and I am again pleased that my colleagues support the passage of Bill C-48.

A second bill I wanted to highlight is Bill S-12. Just this week, we debated this legislation. Bill S-12 would improve our national response to sexual offences by strengthening the national sex offender registry regime. We have responded to concerns raised by the Supreme Court and law enforcement agencies in this legislation. The list of designated offences that qualify an offender to be registered on the national sex offender registry would be expanded by Bill S-12, and this list would include non-consensual sharing of intimate images and sextortion, two crimes that have had terrible impacts on the lives of Canadians, especially women and children. This would be a very positive step forward.

Bill S-12 is a direct product of conversations with survivors and victims of sexual crime. Bill S-12 would reform the publication regime to recognize the diversity of victim experiences and ensure that survivors have agency to tell their own stories if they so choose. Bill S-12 would also change the process for providing victims with information on their cases to better reflect the Canadian Victims Bill of Rights. Both of these changes are about one key element: choice. There is no one right way to be a victim. Bill S-12 reflects this reality.

I am happy to support Bill S-205, and I hope that the elements I have raised as potential concerns with the bill can be further studied at committee.

Royal Assent of Bill S-12

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

Mr. Speaker, today I stand to highlight the recent passage of Bill S-12, which amends the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act. This bill received royal assent yesterday.

I want to express my gratitude to all parties and the Senate for its support and dedicated efforts in acknowledging the significance of this legislation and in ensuring the safety of Canadians today and in the future. More importantly, I want to underscore the efforts and work of survivors of sexual assault in sharing their stories to inform this legislation. This includes representatives from My Voice, My Choice, whose tireless efforts led to these important changes to the publication ban regime.

More specifically, I give a sincere thanks to Morrell Andrews, who is a testament to what can be achieved when we stand up and advocate for what we believe is right. I thank Morrell. Congratulations.

[The Assistant Deputy Speaker, Carol Hughes]

I have the honour to inform the House that a communication has been received as follows:

Rideau Hall

October 26, 2023

Mr. Speaker,

I have the honour to inform you that the Right Honourable Mary May Simon, Governor General of Canada, signified royal assent by written declaration to the bills listed in the Schedule to this letter on the 26th day of October, 2023, at 5:18 p.m.

Yours sincerely,

Christine MacIntyre

Deputy Secretary to the Governor General

The Honourable

The Speaker of the House of Commons

Ottawa

The schedule indicates the bills assented to on Thursday, October 26, 2023, were Bill S-222, An Act to amend the Department of Public Works and Government Services Act (use of wood), and Bill S-12, An Act to amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act.

Message from the Senate

[The Acting Speaker, Gabriel Ste-Marie]

I have the honour to inform the House that a message has been received from the Senate informing this House that the Senate agrees with the amendments made by the House of Commons to Bill S-12, an act to amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act, without amendment.

Justice and Human Rights

[Lena Metlege Diab, Liberal, Halifax West, NS]

Mr. Speaker, I have the honour to present, in both official languages, the 16th report of the Standing Committee on Justice and Human Rights.

It is in relation to Bill S-12, an act to amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act. The committee has studied the bill and has decided to report the bill back to the House with amendments.

Bill C-50—Time Allocation Motion

[Anna Roberts, Conservative, King—Vaughan, ON]

Mr. Speaker, on October 5, 2023, for the second reading of Bill S-12, an act to amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act, I voted on the voting app. The voting app sent me a confirmation whereas the picture had not gone through. Therefore, I ask the House to give unanimous consent to vote yea.

Oral Questions

[Anna Roberts, Conservative, King—Vaughan, ON]

Mr. Speaker, I was just informed today that my vote yesterday on Bill S-12, after receiving confirmation from IT that I voted yea, was not recorded. I have contacted IT and they are looking into the matter, and I would like my vote to count.

Business of the House

[Karina Gould, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, I would like to congratulate you on your appointment, even though it is temporary, but I would also like to thank you, on behalf of the government, for agreeing to serve as interim Speaker to ensure an smooth transition while we await the next Speaker of the House of Commons. Thank you for taking on this role as dean of the House.

Tomorrow, we will begin the second reading debate on Bill C‑50, the Canadian Sustainable Jobs Act. On Monday, the House will stand adjourned to mark the National Day for Truth and Reconciliation. When we return on Tuesday, the first order of business will be the election of a new Speaker. When we resume our work that day, we will continue the second reading debate on Bill C‑56, the Affordable Housing and Groceries Act. On Wednesday, we will resume debate at second reading of Bill S‑12, an Act to amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act. If the debate on Bill C‑56 is not completed, we will resume second reading debate on Thursday. On Friday, we will proceed to second reading of Bill C‑49, an Act to amend the Canada-Newfoundland and Labrador Atlantic Accord Implementation Act.

Criminal Code

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

Madam Speaker, it is an honour to rise today to speak to Bill S-205, an act to amend the Criminal Code and make consequential amendments to another act regarding interim release and domestic violence recognizance orders. I know that the member for Kildonan—St. Paul spoke about the incredible work Senator Boisvenu has done with regard to this work throughout that senator's career, but to have this bill brought forward through the Senate really shows the passion that the senator has with respect to this.

I would note that the bill originally goes back to 2021. It followed through the Senate process and went through committee in 2022, report stage at the Senate and, finally, third reading, before it made its way over to this chamber earlier this year. Of course, we are debating it this evening in hopes that we can get this through to committee, so we can have a more fulsome discussion about how we can advance the objectives that are set out in the bill.

I should state at the outset, as the parliamentary secretary did prior to me, that the government is certainly in support of the legislation. There are some slight concerns, and we are interested in a couple amendments. These primarily stem from the fact that some of the proposals that are put forward in the bill were actually already addressed in the bail reform bill that was debated in the chamber earlier this week. That bill ultimately passed on a unanimous consent motion at all stages and was sent off to the Senate.

As such, while we are seeing legislation here being sent to the Senate, at the same time, we are getting legislation back from the Senate, specifically with respect to the same issue. Nonetheless, I think it highlights the importance of the particular initiative set out in Bill S-205. I think we can all work together in a collaborative, non-partisan manner for the safety of women, in particular, throughout our country. That is exactly what we are going to get through a collaborative process that leaves the partisanship out of it and really focuses on protecting some of the most vulnerable in our community, as we saw this week with the unanimous motion to pass the bail reform bill at all stages.

Bill S-205 specifically addresses the issue of intimate partner violence through changes to the bail and peace bond regimes in the Criminal Code and making consequential amendments to the Youth Criminal Justice Act. In particular, Bill S-205 would first require courts, prior to making a bail order for an offence involving actual, threatened or attempted violence against an intimate partner, to ask prosecutors if the victim has been consulted about their safety and security needs. The courts would also be required to ask the prosecutor whether victims have been identified in their right to request a copy of the bail order made by the court. It would also expand the existing partner violence reverse onus for bail so that it applies not only to accused who were previously convicted but also to those previously receiving a conditional or absolute discharge for intimate partner violence offences.

It would also require a justice to consider, on the request of the Crown, whether the accused should wear an electronic monitoring device as a condition of release. Electronic monitoring devices would be identified as an explicit condition of bail that could be imposed in all cases, not just cases involving violence against an intimate partner, as is now the case because of changes enacted in Bill C-233.

Finally, it would create a new peace bond specific to cases involving intimate partner violence. This would have a duration of up to two years, or up to three years if the defendant was previously convicted of an intimate partner violence offence.

That outlines what the bill seeks to do, and as I indicated, some of these steps have already been covered in the bail reform bill that left the chamber earlier this week, particularly around the reverse onus provisions.

It is important to emphasize that our government remains unwavering in our commitment to ensuring that victims of sexual assault and gender-based violence are treated with respect and dignity. We will always fight to better protect victims of intimate partner violence, which is the most common form of police-reported violent crime against women. As we have heard, including from the sponsor in this chamber, the member for Kildonan—St. Paul, a number of incidents have occurred that could have quite possibly had different outcomes had better supports, as proposed in this bill and other legislation, been in place.

We have taken steps to clarify and strengthen sexual assault laws to ensure that victims are treated with the utmost respect and are protected with an improved legal framework. We have demonstrated our commitment to bringing forward Bill S-12, legislation that gives more agency to victims and survivors of sexual crimes, in response to the Supreme Court to ensure that the national sex offender registry remains in operation.

As I indicated, we are supportive of this bill. We think it is extremely laudable in the sense that combatting intimate partner violence is absolutely in line with the objectives of not just the government, but indeed the entire House. However, through many of its proposed reforms, we are largely seeing duplicates of existing provisions in the Criminal Code. Nevertheless, it proposes additional targeted criminal law reforms that would help to reinforce the ability of the criminal law to address intimate partner violence and improve victim confidence in the criminal justice system.

Accordingly, the government supports this bill, as I indicated, with amendments to ensure its coherence with existing criminal law and to address legal, operational and policy concerns within the bill.

Message from the Senate

[The Speaker, Anthony Rota]

I have the honour to inform the House that a message has been received from the Senate informing the House that the Senate has passed the following bill, to which the concurrence of the House is desired: Bill S-12, an act to amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act.

Justice and Human Rights

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

Mr. Speaker, I want to thank the member for highlighting recommendation 11 in this report. It is now in Bill S-12 in the Senate.

I wonder if she shares the optimism that I feel. A lot of the matters dealt with in Bill S-12 have already been discussed multiple times in this chamber. When that bill eventually arrives here, does she believe that all parties can work together to get its provisions enacted quickly?

[Judy Sgro, Liberal, Humber River—Black Creek, ON]

Mr. Speaker, I came in here this morning expecting to be dealing with Bill C-35. I certainly agree with the recommendations in this report. As my hon. colleague indicated, we should stay very focused on these recommendations but move forward.

The amendment that my colleague moved for in the concurrence report is just another effort to politicize another terrible issue that we are concerned about, injuring the very victims who we are talking about in the recommendations from the Standing Committee on Justice and its recommendations to be more sensitive to the victims. With the amendment that was moved earlier, it is exactly the opposite.

I do want to speak today on this and talk about Bill S-12, which is the government's commitment to victims of crime. I will highlight different parts of Bill S-12, an act to amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act.

Bill S-12 has three main objectives: first, to respond to the decision of the Supreme Court of Canada last October in R. v. Ndhlovu, which struck down elements of the national sex offender registry; second, to strengthen the effectiveness of the registry; and, third, to empower survivors and victims of crime by changing the rules governing publication bans and a victim's right to information; all three very important.

Today, I want to explain some of the proposed reforms that aim to ensure that the registry continues to be an effective and efficient tool for law enforcement. The RCMP and the Canadian Association of Chiefs of Police have lauded Bill S-12, and we are pleased that the legislation would ensure that the police agencies have what they need to do their jobs to better protect victims of crime and to prevent future crimes.

Bill S-12 would add to the list of offences that qualify a convicted offender for registration. Of particular note, the bill would add the offence of non-consensual distribution of intimate images to the list. The bill would also target so-called “sextortion” by adding extortion to the list when shown that it has been committed with the intent to commit a sexual crime. This is an important step forward in helping the police identify perpetrators of offences, which are becoming far more prevalent in the digital age with which we are dealing.

The bill also proposes a new arrest power in the Criminal Code to address the issue of non-compliance with registration obligations. Currently, it is estimated that up to 20% of individuals with obligations related to the national sex offender registry are non-compliant. This is not acceptable to any of us as parliamentarians and it is not acceptable to Canadians.

The only legislative mechanism to facilitate compliance with the registry under the current law is to arrest an individual and lay a charge under the Criminal Code. However, laying a distinct charge does not necessarily result in compliance, which is the goal. The bill would create a compliance warrant to allow police to seek arrest warrants to bring non-compliant sex offenders to a registration centre to fulfill their obligations under SOIRA.

Another important change is that the bill would newly require registered sex offenders to provide police with 14 days advance notice prior to travelling, as well as a list of the specific addresses where they will be staying during to course of their travels. This will allow police sufficient time to conduct a risk assessment and to notify appropriate law enforcement partners, if necessary, in accordance with their existing powers under the SOIRA.

Next, I would like to discuss the publication ban and the victims information measures. These are critical steps to respond directly to victims' requests of our justice system, which is much of what the report that we have from the Standing Committee on Justice refers to, to ensure that we are listening to the victims.

Bill S-12 proposes publication ban reforms that respond directly to calls from survivors of sexual violence. Victims deserve more agency in the criminal justice process and the ability to tell their own stories if they so choose. They clearly are not being given enough priority and enough opportunities to share their stories.

The various publication ban provisions in the Criminal Code are intended to shield witnesses and victims from further harm by concealing their identity. A publication ban can encourage the testimony of victims and witnesses who may otherwise be fearful of coming forward. As we have heard many times over the last several months about publication bans, people who agreed to them for various reasons actually want them removed. Some survivors and victims of crime have found that publication bans have had the effect of silencing or restricting them. Again, we heard that several times in the last week or so. In fact, I recently saw a news report saying that eight women who were all subject to these publication bans wanted them removed so they would be able to speak about the situation that affected them and use it as an opportunity to educate other people.

Under the current system, we have seen victims convicted of violating a publication ban intended to be for their sole protection and benefit. This is clearly unacceptable. These survivors deserve to share their own stories if they so choose, and it is important that it be their choice and their choice alone, not a condition of some degree of settlement that will restrict them forever. One by one, many of the publication bans being removed are being removed at the request of the victims, at the request of the women who are still suffering as a result of some incident in their lives some years back.

To address this issue, Bill S-12 proposes that judges must ask prosecutors to confirm if reasonable steps have been taken to ensure that a victim has been consulted on whether or not a publication ban should be imposed. This proposal is in line with recommendation 11 of the seventh report of the Standing Committee on Justice and Human Rights, entitled “Improving Support for Victims of Crime”. In addition, Bill S-12 would clarify the process to modify or revoke a publication ban after one has been imposed by codifying the process that currently exists only in common law, which is to say through judicial decisions.

The bill would also ensure that publication bans are applicable to online material, an area that is of extreme importance to us as we move forward. Our young people are exposed to a tremendous number of things on our Internet systems, and we are having to deal with more and more issues, as young people are seeing and participating in things that they should not be. However, much of this online material may have been published before a ban was imposed.

Both of these measures recognize that victims and survivors should benefit from the right to change their minds. Choice to revoke or modify a publication ban should be dictated by the wishes of the victim or the survivor, not an employer or some other organization. However, the bill proposes that a residual discretion be given to the judge to refuse such a request if it would, for example, possibly identify a second victim involved who wishes to remain anonymous. It is expected that these types of scenarios would be extremely rare and that, for the overwhelming majority of cases, a publication ban would be lifted in cases where the victim clearly does not want it in place.

There is no good or right way to be a victim. This legislation recognizes the choice of victims and survivors and provides them with decision-making power. Returning power to victims and survivors of sexual violence can be essential for the healing process and can prevent retraumatization in the criminal justice process. Recently at the standing committee on women, many individuals were talking about their experiences and how difficult it was, and how little support there was, for them to talk about the issues they were facing.

It is important that we get this right. I suspect that many members have already heard from survivors while working on this issue, as I have. I am sure that many of my colleagues from all sides of the House have listened to and heard from many people, men and women, who have been victims.

Survivors are looking to us to fix the publication ban regime to better empower them and to treat them with dignity and respect. With a publication ban in place, they are not able to speak with anybody about the pain and suffering they went through. Removing the publication ban, which is what Bill S-12 is suggesting, would allow them to do that.

I look forward to working with all of my colleagues to ensure that we get this delicate balance right. This is an area that we can review at committee to see if the language can be strengthened further.

I want to take a moment to speak about a victim's right to information about the case of an offender who has harmed them. This right is enshrined in the Canadian Victims Bill of Rights in sections 6, 7 and 8. Bill S-12 would make it easier for victims to access information about their case after sentencing or after an accused is found not criminally responsible on account of mental disorder.

To achieve this goal, the bill proposes several measures. First, it would require that the judge ask the prosecutor whether they have taken reasonable steps to determine whether the victim wishes to obtain this information. Second, the bill would allow victims to express this interest through their victim impact statement. Finally, the bill would require the court to provide Correctional Service Canada with the victim's name and the information if they have expressed a desire to receive this type of information. It is an extremely important part of this bill to give victims the option if they want to receive this information. Not everyone would want it because very often it revictimizes the victims.

Once again, this approach is respectful of the needs of victims and seeks to provide the flexibility required to obtain the information at a time of their choosing. I note that this proposal received particular attention and support from the federal ombudsperson for victims of crime.

The changes contemplated by this bill would meet an urgent need to make the laws governing the national sex offender registry compliant with the charter. At the same time, it would make the registry better able to accomplish its vital purpose of providing police with current and reliable information to investigate and prevent crimes of a sexual nature. It would also take an opportunity to make the criminal justice system more responsive to survivors and victims of crime, including victims of sexual offences.

These reforms are targeted, measured and sensible. They will make a tangible difference for victims of some of the most serious crimes under our law. They align with our government's firm support for victims of crime. We will never leave victims behind, and we are constantly working to improve our justice system to better accommodate victims.

The report that was tabled this morning, on which concurrence has been moved, is from the Standing Committee on Justice and Human Rights, and it has 13 excellent recommendations very focused on how we can make life better for the victims and how we can better respond to the needs of victims. I look forward to discussing those recommendations as we proceed with the hearing today.

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

Madam Speaker, I am of two minds about this debate this morning, because a concurrence debate about a unanimous report, which is on a very important topic, is a good thing, but I am also concerned if the real intent behind this debate is a diversion from others business of Parliament rather than actually talking about the important recommendations of this report.

Certainly, we heard from a wide range of people in the committee on this report. Many individual victims of crime came at a great personal cost and retold their stories of what had happened to them and the effects of being a victim of crime. We heard from many organizations that provide services to victims of crime. I want to pay particular thanks to the organization Mothers Against Drunk Driving, which has a very active victims' advocacy program.

We heard from the victims ombudsman, and I want to pay respect at this point to both the previous victims ombudsman, Heidi Illingworth, and the current ombudsman, Benjamin Roebuck, for the important research and advocacy work they do on behalf of victims in this country.

I hope what we can do in this debate is maintain the focus on what we heard from those victims and those victims' advocates and the recommendations that were unanimously approved in the Standing Committee on Justice and Human Rights. An important function of this debate today could be to encourage the government, in the many different departments involved, to make progress on these recommendations.

There are other mechanisms available in this House for holding government ministers to account. I know the hon. members of the Conservative Party know that, they have been using those, so again I will stress my concern that we are not actually doing this debate for some other purpose when there are other mechanisms available. No matter what one thinks about that issue, they are there, they have been used and they can continue to be used. I hope the impact of this is not going to focus on another issue, which is important, yes, but another issue rather than the issues that were raised in this report. Again, I am concerned we keep that focus on moving forward on the recommendations in this report.

There are a number of chapters in this report, and it kind of amazed me that in the end, on a topic that has often been contentious in Parliament, we were able to reach a consensus on 13 recommendations. That is a bit of a miracle, especially in a minority Parliament and especially on an issue that has previously been so contentious.

I bring attention to chapter 4, which talks about services for victims of crime, and I will come to that in just a minute. There is a whole chapter on the right to information about the legal process in this report. There are recommendations on the rights of victims to participate in the legal process and how we meet the challenges victims face when they try to participate in this legal process. There is a chapter on the right to protection of victims while they are participating in the process, and I will return to that one a little later on.

There is an important chapter on the idea of restitution, on how often victims of crime cannot be made whole again in both financial and circumstantial areas. There is a final chapter on complaint mechanisms and remedies, so when the system goes wrong for victims what they have available to them to make that known to the system and to those who have the power to change that.

If we talk about services, one of the important things I learned from this is that in the Victims Bill of Rights there is no right to access to services for victims of crime. I think that is an oversight, and this committee, in recommendation 2, says that we should fix that. We know it is going to be a challenge. The federal government shares the justice field with the provinces and administration of justice belongs to the provinces.

That is why in recommendation 3 in this report it talks about working together to set some minimum standards of what is available to victims, in terms of support services and participation in the various parts of the legal process. I was very pleased to hear my hon. colleague from the Bloc Québécois agreeing we do need to work together to achieve some minimum standards. Again, that is part of the miracle of this report, which is that even on contentious federal-provincial issues we were able to reach agreement on how to better serve victims.

What do victims really need? There is a whole range of things, but the thing we heard most often is they need support services that are tailored to their needs and that quite often those needs are different.

Victims from different backgrounds have different needs to support them participating in the process and also to recover as a victim of crime. Lots of times, the services that we have available do not actually take into account the different circumstances, especially of those who are most marginalized in our society and especially of indigenous people. Having culturally relevant and culturally appropriate services available to victims is something we often fall down on and we do not do such good job.

When we are talking about services for victims of crime, we have tended to ignore mental health services. Again, my colleague from Comox has been a great advocate for mental health services. This report acknowledges that victims quite often need very specific kinds of therapy in order to get back to full participation in society, after having been victimized by criminal activity. I commend that chapter to everyone in the House. It is a very important chapter on the gaps in our approaches.

I was surprised to learn that is legal aid is generally not available, in any form, to victims of crime. Even though I taught criminal justice for many years, I had not really thought about this from the perspective of victims. We provide legal aid to defendants, and of course we have prosecutors who are paid for by the public. However, when it comes to victims of crime participating, legal assistance is generally not available to them. We depend on advocacy organizations to provide that advice and that assistance to victims of crime.

That brings me to the chapter on the right to information. Again, we did something peculiar when we established victims' rights and we said that the victims have rights to ask for information about the system. What we heard, again and again, from victims and their advocacy organizations is quite often victims do not even know what to ask. The system is so unfamiliar, so complex and so unforgiving. In particular for people who suffered trauma, it is so difficult to navigate that they do not even know what rights they have or to ask how to access those rights.

An important recommendation in this report, recommendation 4, is that we change the onus of providing information to an automatic provision of information to victims. Some jurisdictions do a better job than others in making sure victims understand what their rights are and what services are available to them. Again, we largely depend on those volunteer organizations to inform victims of their rights. However, if someone is not in touch with one of those organizations, they are left in the dark about how this very complex legal system of ours actually works.

Let us change this from saying that it is on victims to request information to it is on someone specific. We have not tried to solve that problem in this report, but we have indicated that it needs to be someone specific. We cannot just say there is right to information without saying who is actually going to deliver that information. It is up to the governments, again, because we have a justice system that is split over jurisdictions. It is up to those jurisdictions to work together to figure out who is going to make sure that victims actually do get the information.

One of the things we could do is provide core funding to victim organizations that are actually already doing this work. If we provided better funding to those organizations, they could make sure that victims were getting the information that they need on how to participate in the legal system, how to make sure their voices are heard in our legal system, but also on the very services that might be available to them in the community.

Now chapter 7 deals with the right to the protection of victims' identity and the right to privacy of victims. Again, this is probably one of the most surprising parts of the report. We heard very moving and effective testimony from victims of sexual assault, like Morrell Andrews, who talked about something we did many years ago in our legal system. We set up a system of publication bans so that the identity of victims of sexual assault would not become public.

Over the years our understanding of sexual assault has changed, and many of those victims of sexual assault were surprised to learn that they were subject to a publication ban, that they were not allowed to talk about what had happened to them in any way. Many of those victims of sexual assault also felt the publication ban, by protecting their identity, ended up protecting the identity of the perpetrator.

What we heard quite clearly in the testimony that was before us, and it was very eloquent, very difficult testimony for people to give on their personal assault experiences, was that the current arrangements take away agency from victims of sexual assault.

Therefore, in recommendation 11, the committee has recommended: first, that those who are subject to publication bans need to be informed and consulted before that publication ban is put in place; and second, that they need to have the right to opt out of that publication ban.

Many members know that I have spoken several times in the House about being an adult victim of child sexual assault. The veil of secrecy that was put around me at that time was helpful, but it was most helpful to the perpetrator, who had eight other victims. It would have been quite important for me, though as a minor I probably could not make that decision, for someone to make the decision that it was information the public needed to have. We have heard quite clearly from adult victims of sexual assault that they want their agency back. They want the ability to talk about their experience, they want the ability to warn others and they do not want to be treated as if they are minor children when it comes to the issue of sexual assault.

Those are just a few of the highlights in this report.

When I talk about trying to keep our focus on those recommendations so we can move forward, I want to talk a bit about one step forward that the government has taken as a result of this report.

We have Bill S-12 currently in the Senate. The last time I checked two days ago, the Senate justice committee was just about finished its consideration of Bill S-12. It would take recommendation 11 from this report and put it into law. When that recommendation is finished in the Senate, it will come back to the House and we will have the chance, in approving Bill S-12, to give that agency back to victims of sexual assault, to give them the right to know about publication bans before they are imposed and the right to have the ability to opt out of those publication bans.

When I say that focusing on these recommendations is important to make progress, there is a very specific example of the many things that are in this report so that, if we keep the focus on the unanimous support for those recommendations, I believe we will be able to make progress on victims' rights and services for victims.

Again, this is a minority Parliament and often fractious. However, in the justice committee, somehow, on very many issues we have been able to work together to achieve unanimity. The report on improving support for victims of crime is my best example of how Parliament can work, Parliament can be very functional and we can make recommendations that are important to the lives of everyday Canadians.

Justice

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

Mr. Speaker, I salute the member's empathy and the good place from which the question came.

Our sympathies go out to Cody McConnell and his family and friends for his loss. I tabled in the Senate Bill S-12, whose intention is precisely to preserve and strengthen the sex offender registry. I have undertaken publicly, and I will do it again now, to look at the proposed Noah's law to see if it is in conformity with what we are trying to do and to work with members across the floor to see what we can do.

Corrections and Conditional Release Act

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

Madam Speaker, as a New Democrat, I am pleased to rise in the House and say that we do support this bill as part of our commitment to the protection of victims' rights. Also, we encourage all members of the House to support the attempts to provide victims with the services they need in terms of rehabilitation or to compensate for losses they have suffered as a result of being victims of crime.

We conducted hearings in the justice committee, where we heard from victims, and we heard very clearly that one of the things they want is accurate and timely information about the parole process. For that reason, I am quite happy to see this bill come forward and to support it. One of the additional things we heard from victims was on the specific case of sexual assault victims, who asked to be consulted and to be informed about publication bans, and have the right to opt out of publication bans on their assaults. Many of them felt a publication ban without their consent denied their agency and their ability to speak about their own experience, and often it inadvertently protected the perpetrators when their names were suppressed. That is in a bill that is before the Senate, Bill S-12. It was in committee in the Senate today, and I think most of us look forward to that provision getting here to the House very soon.

There are other important measures, and I thank the member for Shefford for talking about the attempt to move coercive and controlling behaviour into criminal law. That was originally in a private member's bill I sponsored, but it is now being brought forward by the member for Victoria as Bill C-332. I hope we will be dealing with that this fall. Again, by making coercive and controlling behaviour a criminal offence, we can prevent victims of violence in the future, since coercive and controlling behaviour in intimate partner relationships is almost always a precursor to actual violence in that relationship.

I spent 20 years, before I came here, as a criminal justice instructor, and one of the things I know from working with and talking to victims is they are concerned about public safety, and in the very specific sense that almost every victim wants to make sure we take measures to make sure the same experience they had does not happen to others. That concern for public safety is always front and centre with every victim I have met with.

It is unfortunate when rhetoric around crime, punishment, parole and bail veers off into what I would call an ideological position that tougher, longer sentences actually keep people safe. It really misunderstands the purpose and function of our parole system. We know that, in Canada, people are eventually going to be released from jail, except for a very small number of them. The parole system does not provide a “get out of jail free” card or earlier release; it provides incentives for good behaviour in the corrections system and it provides incentives for people to participate in rehabilitation, to take drug and alcohol counselling and to take anger management courses. It is hard to get parole if one does not engage in good behaviour in the system and does not engage in those rehabilitation activities. A person will not actually get parole and will not get the privileges of a phased release, being in a halfway house or any of those other things that are seen somehow as privileges. Those things are actually the phased reintegration of people into the community.

We know that people who successfully complete a parole process have a much smaller chance of reoffending. If we make parole almost impossible to get and if we insist on very long sentences, we actually have a negative impact on public safety, in that those who have committed crimes will serve their sentence in the institution, will not participate in rehabilitation activities and will be released at the end of their sentence with no supervision, no access to public services and no monitoring of what they are doing in the community. Parole is a way of keeping people safe; it is a way of promoting public safety. It is a way of encouraging rehabilitation. It is important we not lose sight of that. Having said that, victims obviously need to have accurate information about how this works and what is happening at each stage of the process. In that sense, of course, I am still supportive of this bill.

At this point, it is important to mention what I will call the unsung heroes of public safety, who are not as high profile as the police or as corrections workers. Those are the parole officers in this country. Parole officers work very hard with those who are being phased back into the community, to make sure they are successful. In doing so, they help promote public safety. I salute the more than 1,600, I think it is now, parole officers who work for Corrections Canada and belong to the Union of Safety and Justice Employees.

They have recently released a report, within the last year, that points out the challenges they face. Parole officers have very high levels of operational stress injuries in their occupation. That has to do with the stress of dealing with the offenders and the lack of resources in our system.

One of the things they have called for is the hiring of additional parole officers. This would help each of them do their job in a healthier manner, but also reducing caseloads would mean there is more time for those parole officers to spend on the people who are being released, so they can provide better supervision, more monitoring of things like curfews, or more monitoring of whether they are actually where they are supposed to be while they are on parole.

In addition, they called for increased mental health services for parole officers. One of the things they pointed out was that this, in actual fact, saves money. If we provide better mental health services, we avoid the burnout that leads to long-term operational injuries and long-term sick leave.

The other thing they asked for, and I think this is interesting because it shows their professionalism, is increased funding for more mental health professionals working inside our correctional institutions and as part of the parole system. Quite often what we see now, unfortunately, is offenders who have very complex psychological and substance abuse problems to deal with. We need those highly skilled professionals to help design the programs that would help rehabilitate them into the community with the least risk possible to the public.

Again, it is important, whenever we are talking about probation, parole or bail, to remember that things like parole and bail are designed to help keep the public safe—

[Ryan Turnbull, Liberal, Whitby, ON]

Madam Speaker, my apologies.

Across the country, victims of serious crimes may be surprised to learn how sentences are administered, including eligibility for temporary absences and parole. We have heard that victims of crime and their families want clarity and they want transparency, and that is why I look forward to debating Bill C-320 in the House.

I will provide an overview and some context from a federal public safety perspective.

As members will know, we are discussing this bill just weeks after the Victims and Survivors of Crime Week. Victims deserve to be treated with respect and compassion and to be provided with accurate and timely information, so let us look at what is in place.

As I mentioned, the eligibility dates for reviews and releases are currently provided to registered victims in an initial contact letter. We have also very recently moved forward with new legislation to continue to support victims' rights, in the form of Bill S-12. That legislation would ensure that victims receive ongoing information about the offender after sentencing and would improve the law on publication bans by giving a greater voice and clarity to victims in regard to imposing and lifting a publication ban.

Let me delve a bit further into the topic.

As members will know, the CCRA governs both the Correctional Service of Canada and the Parole Board of Canada. It is the foundation on which people serving federal sentences are supervised and conditional release decisions are made. It also recognizes that victims of crime have an important role to play in the criminal justice system. It provides victims with an opportunity to access certain information and participate in the federal corrections and conditional release process. With the CCRA and the Canadian Victims Bill of Rights as a foundation, a variety of government departments, including the Parole Board of Canada and the Correctional Service of Canada, work together to provide information services to victims.

The Canadian Victims Bill of Rights expanded the information available to victims as it relates to hearings by allowing victims who were unable to attend a hearing to request to listen to an audio recording of the parole hearing. At any time, victims may also submit information that details the physical, emotional or financial impact the offence has had on them to the Parole Board for consideration in its decision-making. They may also raise any safety concerns they may have related to the offender's risk of re-offending. As part of the victim statement, victims can also request that the board consider imposing special conditions on an offender's release.

All this information assists board members in assessing risk and determining if additional conditions may be necessary to impose if release to the community is granted.

The—

Criminal Code

[Laurel Collins, NDP, Victoria, BC]

moved for leave to introduce Bill C-334, An Act to amend the Criminal Code, the Judges Act and the Director of Public Prosecutions Act (orders prohibiting publication of identifying information).

Mr. Speaker, I am honoured to table my private member's bill on publication bans this afternoon. This bill is an act to amend the Criminal Code, the Judges Act and the Director of Public Prosecutions Act to better support survivors of sexualized violence.

Tabling this bill was made possible by the phenomenal work of My Voice, My Choice, a group of women who courageously advocated to make sure that other survivors have a choice when it comes to publication bans. Currently, there is no obligation to get consent from victim complainants when a ban has been placed on their name, and if they choose to speak out about their own experiences, they can face criminal charges. This is appalling, and I strongly believe that, as MPs, we have a responsibility to reform these systems.

I know that Bill S-12 was recently introduced in the Senate, which I was very happy to see. However, there are gaps in this government bill. I look forward to working with MPs from all parties when it comes to the House to make it better. I hope that my bill can act as an example of how Bill S-12 can and must be strengthened, to ensure that all survivors are given a choice.

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

Justice

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

Mr. Speaker, I thank my colleague from Vancouver Granville for his question and his French.

We recently introduced Bill S-12 in the Senate to strengthen the national sex offender registry. Offenders will have to register, unless they can prove that they do not pose a risk to public safety.

Bill S‑12 also gives victims more choice over publication bans by clarifying the process. Some victims want to protect their identity, others want to tell their stories. It is their voice and it should be their choice.

My Voice, My Choice

[Laurel Collins, NDP, Victoria, BC]

Mr. Speaker, I rise today to highlight the phenomenal work of My Voice, My Choice. The women of My Voice, My Choice have courageously sought justice through a system that we know is retraumatizing. They have continued to courageously advocate to make sure other survivors have a choice when it comes to publication bans.

Currently, there is no obligation to inform or get consent from a victim-complainant when a ban has been placed on their name. If they choose to speak out about their own experiences, they can face criminal charges. This is outrageous.

I stand with them today as a sexual assault survivor who chose not to go through the legal system, knowing that this system is not kind to victims. As MPs, we have a responsibility to listen to survivors and to reform these systems. My Voice, My Choice advocates have fought tirelessly, and their work has led to the introduction of Bill S-12.

They are here in Ottawa with a clear message that we must amend and strengthen this bill to ensure that survivors never face criminal charges for sharing their own story and that they are always given the choice.

Public Safety

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

Mr. Speaker, we have long been working with the provinces to strengthen the bail system. I hope that we will see results soon.

I also note that the provinces are themselves in the process of strengthening the administration of their systems. We are seeing that in British Columbia. We are seeing that with the investments being made in Ontario.

Last week, we introduced Bill S‑12, which will strengthen victims rights in cases of sexual assault.

We are working together on problems to improve Canadians' lives.

Justice

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

Madam Speaker, I want to thank my colleague from Calgary Skyview for his hard work in his community.

We just introduced Bill S-12 in the Senate. It would strengthen the national sex offender registry by requiring all offenders to register, unless they can prove that they do not pose a risk to public safety. Bill S-12 would also give victims more of a say in whether a publication ban is ordered and gives survivors a clearer pathway to modify or revoke a ban. Some victims want to protect their identity, others want to tell their stories. It should be their choice.

We look forward to the support of all of our colleagues in the House and Senate to ensure that Bill S-12 is passed quickly.

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

Mr. Speaker, as I have said several times, serious crimes deserve serious consequences.

Our government has taken action on several fronts to ensure that victims of sexual assault are treated with dignity and respect.

Yesterday, I tabled in the Senate Bill S‑12, which will strengthen the Sex Offender Information Registration Act and will also give victims more powers. I hope that all parties in the House will support it.

This is in addition to other measures we have introduced such as Bill C‑3 and Bill C‑51, which will protect victims of sexual assault.