Bill C-16

Protecting Victims Act

An Act to amend certain Acts in relation to criminal and correctional matters (child protection, gender-based violence, delays and other measures)

This enactment amends various Acts in relation to criminal and correctional matters.
It amends the Criminal Code to, among other things,
(a) create a new offence that prohibits engaging in a pattern of coercive or controlling conduct towards an intimate partner;
(b) provide that, in the following circumstances, murder — known as femicide when committed against a female person — is murder in the first degree:
(i) the murder is committed against an intimate partner in the context of a pattern of coercive or controlling conduct,
(ii) the murder is committed in the context of sexual violence,
(iii) the murder is committed in the context of human trafficking, or
(iv) the murder is motivated by hate;
(c) provide that, if an offender commits manslaughter in those circumstances, the court must consider whether to impose a sentence of imprisonment for life on the offender and, if that sentence is imposed, an adult offender is ineligible for parole for 10 to 25 years;
(d) remove from the criminal harassment offence the requirement to prove that the victim subjectively feared for their safety and replace it with a requirement to prove that the harassing conduct could reasonably be expected to cause the victim to believe that someone’s safety is threatened;
(e) amend the offence of non-consensual distribution of an intimate image to include, among such images, a visual representation showing an identifiable person depicted as nude, as nearly nude, as exposing their sexual organs or as engaged in explicit sexual activity, if the depiction is likely to be mistaken for a visual recording of that person;
(f) amend certain existing child sexual offences to include prohibiting a person from inviting a child to expose their own sexual organs for a sexual purpose;
(g) criminalize the distribution of visual representations of bestiality;
(h) create a new offence relating to the recruitment of a person under 18 years of age to be a party to an offence;
(i) provide that victims of certain offences, such as offences committed against an intimate partner, are entitled to testimonial aids;
(j) permit courts to order that an offender serve a period of imprisonment below a mandatory minimum term of imprisonment, but only if the mandatory minimum term of imprisonment would amount to cruel and unusual punishment for that particular offender;
(k) create a new Part establishing a framework for applying alternative measures and restorative justice processes in appropriate cases;
(l) create a new Part in respect of unreasonable delay that requires a court to consider specific factors in relation to case complexity, directs a court to exclude time periods in respect of specific applications and requires that a stay of proceedings be ordered only if a court is satisfied, taking into account a list of factors, that no other remedy would be appropriate and just;
(m) streamline and strengthen the procedural rules in sexual offence trials that govern when evidence of a complainant’s past sexual activity can be adduced and when certain private records, including therapeutic records, can be produced or adduced; and
(n) allow the possibility of using affidavit evidence for certain cases involving identity theft and identity fraud.
The enactment also makes consequential amendments to other Acts.
The enactment also amends the Youth Criminal Justice Act to, among other things,
(a) ensure that it better reflects the Canadian Victims Bill of Rights with respect to the rights and interests of victims;
(b) modernize the principle requiring consideration of the needs of young persons, including by requiring particular attention to those of Aboriginal and Black young persons; and
(c) allow youth justice courts to order that a young person enter into a recognizance if there is a reasonable fear that the young person will commit a child sexual offence.
The enactment also amends the Canadian Victims Bill of Rights to
(a) modify the preamble to affirm the importance of victim-centred and trauma-informed approaches;
(b) provide victims with the right to be treated with respect, courtesy, compassion and fairness;
(c) enable victims to receive information without being required to make a request;
(d) provide that victims have the right to receive information about their rights under that Act and the protection measures that are available to them;
(e) broaden the information that victims have the right to receive about available restorative justice processes; and
(f) clarify the right of victims to present a victim impact statement at sentencing and a victim statement for consideration when decisions regarding parole or corrections are made about the offender who harmed them.
The enactment also amends the National Defence Act to, among other things,
(a) provide that victims of certain offences, such as offences committed against an intimate partner, are entitled to testimonial aids;
(b) create a new Division in respect of unreasonable delay that requires a court martial to consider specific factors in relation to case complexity, directs a court martial to exclude time periods in respect of specific applications and requires that a stay of proceedings be ordered only if a court martial is satisfied, taking into account a list of factors, that no other remedy would be appropriate and just;
(c) streamline and strengthen the procedural rules to align with the Criminal Code procedural rules in sexual offence trials that govern when evidence of a complainant’s past sexual activity can be adduced and when certain private records, including therapeutic records, can be produced or adduced;
(d) provide victims with the right to be treated with respect, courtesy, compassion and fairness;
(e) provide that victims have the right to receive information about their rights under the Division of the National Defence Act entitled “Declaration of Victims Rights” and information about the protection measures that are available to them; and
(f) enable victims to receive information from authorities in the military justice system without being required to make a request.
The enactment also amends An Act respecting the mandatory reporting of Internet child sexual abuse and exploitation material by persons who provide an Internet service to, among other things,
(a) clarify the types of Internet services covered by that Act;
(b) require that transmission data be provided with the mandatory notification in cases where the material is manifestly child sexual abuse and exploitation material;
(c) extend the period of preservation of data related to an offence; and
(d) extend the limitation period for the prosecution of an offence under that Act.
The enactment also amends the Firearms Act to clarify that an individual whose firearms licence or registration certificate has been revoked is required to deliver their firearm to a peace officer, firearms officer or chief firearms officer and to provide that an individual is not eligible to hold a licence under that Act if the chief firearms officer has reasonable grounds to suspect that the individual may have engaged in an act of domestic violence or stalking.
The enactment also amends the Corrections and Conditional Release Act to, among other things, enhance the disclosure of information to victims and other components of the criminal justice system and provide for the submission of victim statements in certain instances.
Finally, the enactment also amends the Mutual Legal Assistance in Criminal Matters Act to facilitate legal assistance between Canada and supranational bodies with responsibility for criminal investigations or prosecutions.

Protecting Victims Act

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, even though the Conservatives might want to make a joke of this evening and not necessarily fully participate on the issue of crime, let me assure those who are actually following the debate at home that we have a Prime Minister and a Liberal caucus that just last year went through an election, and we made a commitment to Canadians that we would take the crime file seriously. In fact, that was part of our platform.

We have brought forward a suite of legislative initiatives to actually address making our communities safer for all Canadians. The biggest roadblock for making that happen, for seeing the legislation pass, is the Conservative Party of Canada. Conservatives come up with excuses as to why they do not want to see legislation passed, and then they put in whatever mechanism they can, even if it is silly, in order to prevent legislation from passing.

Let me give a good example of that. Here is a good example on Bill C-16. If we listened to the debate and the complaints coming from Conservative Party members, we would draw the conclusion that the primary reason why they do not support this legislation is that they had a bit of a flip-flop on the issue of having a safety valve for mandatory minimum sentences. Mandatory minimums are something the Prime Minister and this government are taking very seriously. That is the reason why we have reinstated a number of mandatory minimums. There are a number of them, and I will go through a few of those, but the Conservatives say they cannot support it because there is a safety valve.

Let me give a quote. The member for Brantford—Brant South—Six Nations is actually the new Conservative justice critic. He replaced the member for Kamloops—Thompson—Nicola. Let me tell colleagues something about the member for Kamloops—Thompson—Nicola when he was the justice critic for the Conservative Party of Canada. Now, in fairness, the Conservatives have gone even further to the right since the replacement of this particular member, but here is what he had to say: “the Liberal government could make this constitutional by adding a safety valve; that is, by having a mandatory minimum with an exception to address the very issues that the Minister of Justice has addressed.” Seriously, we have the former Conservative justice critic actually recommending to the government that we need to invoke a safety valve, yet today, they have had a change in policy. Why? It is not because it makes sense, but because they want to use that as an excuse in order to filibuster the legislative agenda that this Prime Minister and this government have for making our communities safer. I say shame on the Conservative Party.

At the end of the day, we had to bring in time allocation because the Conservative Party has absolutely no intentions whatsoever to allow Bill C-16 to pass. It is because it does not fit their political agenda. Their political agenda has more to do with self-interest and promotion.

Take a look at the reality of what the Conservative Party members like to do. They like to talk tough on crime. They love to talk tough on crime. What did we talk about today during private members' hour? We listened to Conservative after Conservative be critical of the government on the issue of transferring from maximum-security to medium-security prisons. They try to give the impression that the Liberals are soft.

If we look over the last 15 years, the record high in terms of transfers from maximum to minimum security was actually when the leader of the Conservative Party sat around the cabinet table. The Conservatives actually had the highest number of transfers from maximum- to medium-security prisons. Colleagues might not have thought that. What did the Conservatives do at the time? They did absolutely nothing. On that issue, they did exactly what they did in regard to restoring mandatory minimums: absolutely nothing.

[Some hon. members]

Oh, oh!

[The Assistant Deputy Speaker, John Nater]

Order. I am going to ask for the back-and-forth to stop. There will be a 10-minute question and comment period afterwards if we keep the back-and-forth down. It has taken us about 12 minutes to get through 10 minutes of the speech.

I am going to ask the member to resume his comments.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, the point is that the Conservatives like to talk tough on crime, but the reality is that their actions speak louder than words, because when it came to those mandatory minimums, we witnessed that the Conservative Party did absolutely nothing under the leadership of today's Conservative leader, even when he sat in the Conservative caucus in a majority government. The Conservatives had the opportunity. They chose not to do anything. The Prime Minister and this government are moving forward and reinstating mandatory minimums, but not with help from the Conservative Party. It is a roadblock, but let us go on.

What is the motivating factor for the Conservative Party? Do not tell me it is about good public policy. It is far from that, because at the end of the day, the Conservatives are more concerned about using this issue for two things. Number one is to try to give a false impression that they are tough on crime. Number two, they are using it as a fundraising tool. They like to be able to say how bad things are in Canada. I could bring some wonderful quotes of how those members take these extreme radical thoughts and try to raise money on them.

I have actually been a recipient of Conservative fundraising letters, where they try to make money off the issue of crime. I say to my Conservative friends across the way that it is time they stopped thinking about the leadership of the Conservative Party and the Conservative right wing dominating that party more and more every day. I think it is time they started putting the interests of the Canadian public ahead of the Conservative Party leadership and the far-right movement here in Canada.

The amount of misinformation literature that constantly flows from the Conservative Party of Canada to Canadians is disgraceful. It really and truly is. It needs to stop. There is misinformation after misinformation, whether it is inside the chamber or outside the chamber.

Let us take a look at what Bill C-16 would actually do. Around the world, I suspect we would get some recognition that we are, for the first time, talking about coercive actions by a spouse and elevating that to make it a new offence in Canadian law. That is what the Conservative Party is holding up because of its behaviour. Bill C-16 would deal with the issue of femicide. Show me another country in the world that actually has legislation that would elevate femicide to first-degree murder. The Conservatives talk tough, but in reality, once again, they just do not want to see the legislation pass, even though it is a substantial piece of legislation that would have a serious impact on our communities.

Members talk about bringing back mandatory minimums. Let me give a sense of what those mandatory minimums are. First of all, the bill would bring back mandatory minimum sentences for sexual interference with a child and invitation to sexual touching. This is a very serious issue. At least on this side of the House, we have a Prime Minister and a government that recognize this is something that should have a mandatory minimum. That is why, within the legislation, we would be reinstating that as a mandatory minimum.

Let me give another example.

[An hon. member]

Oh, oh!

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I have a few examples, so the member should calm down and listen to them. The member will learn something here and hopefully change his attitude and vote in favour of the legislation.

Second, the bill would reinstate mandatory jail time for sexual exploitation of a child, including abuse by people in a position of trust. This is the type of legislation that I would expect the Conservative Party would be excited to get behind and support.

Let us take a look at another restoration. The bill would restore mandatory minimums for making, possessing, accessing or distributing child sexual abuse material. The bill goes on. There is a lot more within the legislation, but day after day, we see Conservative member after Conservative member looking at the holistic approach of the suite of crime legislation that we have brought forward, and this is not the first time that I have had to try to shame the Conservatives into doing the right thing and delivering for their constituents.

Let me give another example. The legislation brings back mandatory minimum jail time for online child luring and child sextortion, crimes that devastate children and families. These are the types of mandatory minimums that would actually be reinstated so that we could have safer communities. If the Conservatives want to talk about having safer communities, it is about time they put action to their words and got behind what the Prime Minister and the government are putting on the floor of the House of Commons. It is time for them to stop playing games and vote in favour of the legislation.

Whether it is here on the floor of the House of Commons or in our standing committees, the Conservatives need to recognize that at the end of the day, as the Prime Minister and every member of the Liberal caucus has indicated very clearly, we want to build a stronger, healthier Canada, a Canada that is there for all Canadians. When we talk about building a healthier and stronger Canada, that includes the issue of community safety. That is the reason we have a suite of legislative actions.

Let us remember Bill C‑2, the first action we took. We had a minority situation, and we could not get co-operation from any political entity in the House. They did not want that legislation to pass. I had the opportunity to talk about that legislation. I was discouraged. The legislation talked about issues like fentanyl, lawful access, protecting our borders, asylum seekers and stabilizing the issue of immigration. There was a great deal of substance within that legislation. However, the combined unholy alliance between the Bloc and the Conservatives made the decision that they would not allow Bill C‑2 to move forward.

As a government in a minority situation, we had to break up the bill. We brought in Bill C‑12, where we could at least build somewhat of a consensus that would enable us to pass the legislation. However, it meant we had to leave a lot out. We made a commitment back then to attempt to bring it back at some point. On the asylum issue and the issue of safer borders, we brought that back in the form of Bill C‑12. We were able to get that passed, but it was not easy, much like Bill C-14.

When we talk about Conservative delays on Bill C‑16, let us look at what took place on Bill C‑14. Bill C‑14 was all about bail reform legislation. We had law enforcement officers, the citizens we represent, provinces, territories, indigenous leaders and many other stakeholders all onside saying they wanted Bill C‑14 on bail reform.

I remember standing in this very spot last year, back in November, making a very clear statement: Would it not be nice if we could actually pass this legislation and deliver it out of the House of Commons before Christmas? That was a very real opportunity. We could have done it. The only thing that prevented us from doing it was the Conservative Party of Canada. That is what prevented us from being able to pass through bail reform legislation. It was very unfortunate.

If members consulted and listened to what law enforcement, other jurisdictions and stakeholders were saying, I think it would be virtually unanimous in terms of the poor performance of the Conservative Party of Canada in denying Canadians the opportunity to have legislation that would make our communities safer. They had the opportunity.

Then we go to Bill C‑22, which, again, comes out of Bill C‑2. It deals with issues like extortion and, again, child-related criminal activities. Now we have the Conservative Party saying, “Absolutely, no way. We do not want it.” They want nothing to do with it. Even though, in talking to the law enforcement agencies, there is phenomenal support for Bill C‑22 out there in our communities, the Conservative Party will not, in any fashion, lend support for lawful access legislation.

On the one hand, they jump up like jumping beans at times, talking about the issue of extortion. They like to talk about it, but when we bring forward legislation to deal with it, what they do is filibuster again. That is fine. They want to focus on character assassination. That is their primary focus. The government and the Prime Minister are going to be focused on delivering sound public policy through legislation and budgetary measures. We will find, whether it is legislation or the budget, it is nothing but a reflection of what came out of the last election and what Canadians are telling Liberal members they want.

[Ned Kuruc, Conservative, Hamilton East—Stoney Creek, ON]

Mr. Speaker, what a theatrical performance and what a great piece of gaslighting by the Liberals, but I do have some facts here.

It is because of that actual member's voting on Bill C-75 that Daniel Senecal was out on bail in Welland for a horrific crime. Most of those members voted for that. That is the actual result of bad Liberal policy that they voted on with Bill C-75 and Bill C-5. Now he is going to stand here and gaslight us.

Here is another thing that is an actual fact: All those members over there voted against Bill C-381, which would have restored mandatory minimums for extortion; Bill C-220, which would have prevented judges from using immigration status to reduce sentences; and Bill C-246. They voted against all that just a couple of months ago. It is a great piece of gaslighting—

[The Assistant Deputy Speaker, John Nater]

The hon. member for Winnipeg North has the floor.

[Ned Kuruc, Conservative, Hamilton East—Stoney Creek, ON]

Why do you—

[An hon. member]

You don't have the floor anymore.

[Ned Kuruc, Conservative, Hamilton East—Stoney Creek, ON]

You should be ashamed—

[Some hon. members]

Oh, oh!

[The Assistant Deputy Speaker, John Nater]

Order. When the Chair is standing, no one else should be speaking.

The hon. member may respond.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I think the member opposite is relatively new to the House of Commons, but he is not alone. There were over 70 Liberals who were also elected in the last election. Canadians made the decision, and I would suggest it was a good decision, when they compared the leadership of all the political entities and elected a new prime minister.

The new Prime Minister and the new government have brought in substantial pieces of legislation. The Conservatives need to get off the thinking of previous governments and focus on the current government and the actions that are being taken to make our communities safer. They need to take responsibility not only for their voting record but also for their behaviour inside the House. It is the Conservative Party that is denying Canadians safer communities because of their attitudes, filibusters and games here on the floor of the House of Commons.

[Andréanne Larouche, Bloc, Shefford, QC]

Mr. Speaker, I will try to restore some calm because I am ashamed right now. Unfortunately, I am reliving a scene I witnessed at the Standing Committee on the Status of Women, where, instead of listening to victims, my Liberal and Conservative colleagues were bickering back and forth. The victims left in tears, and I am reliving that moment. Members on both sides can laugh and argue about this, but Bill C-16 addresses an issue that is far too important to victims for me to be witnessing what I am seeing right now. I feel ashamed on behalf of victims and survivors.

I would like to come back to something. During the study of Bill C-16, the Conservatives filibustered while the Bloc Québécois was trying to be constructive and propose amendments. For example, we consulted legal experts to try to fix a mistake in this bill. The Bloc Québécois wanted to include provisions regarding an objective test. Such provisions would have enabled the judge to take into account the full context, the abuser's history, coercive behaviour and threats against loved ones and pets. That is what the offence itself does. However, even though the amendments we proposed were logical, the Liberals voted them down.

I would suggest that everyone calm right down because, seriously, the way we are handling Bill C‑16 right now is not at all in the public interest. Let us keep in mind that the purpose of Bill C‑16 is to find real solutions so there will be no more victims.