Evidence of meeting #14 for Justice and Human Rights in the 45th Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was c-9.

A recording is available from Parliament.

On the agenda

Members speaking

Before the committee

Breese  Counsel, Criminal Law Policy Section, Department of Justice
Wells  Senior Counsel, Criminal Law Policy Section, Department of Justice
Ali  Senior Counsel, Criminal Law Policy Section, Department of Justice

12:35 p.m.

Conservative

Amarjeet Gill Conservative Brampton West, ON

Okay.

We need to get acting on bail reform as well. Minister Fraser was quoted yesterday as saying that he will personally, over the next number of weeks, be engaging “to make sure that we fully, first, understand the nature of the concerns being addressed”. If the minister will be taking the next few weeks to consult further on the mistake he has made with his deal with the Bloc, we at this committee should not rush to finish the clause-by-clause review of Bill C-9. We too should take a few weeks to reflect on the proposed amendments and devote our time to more pressing matters, such as Bill C-14.

I would like to move this motion, Mr. Chair: That, given the Minister of Justice is in Ottawa today, the committee invite him to appear immediately in relation to Bill C-14 with respect to bail and sentencing, followed immediately by clause-by-clause consideration of Bill C-14, followed by clause-by-clause consideration of Bill C-9.

The Chair Liberal James Maloney

I'm sorry. There's a lot of conversations going on in the room, Mr. Gill. Can you repeat what you just said?

12:40 p.m.

Conservative

Amarjeet Gill Conservative Brampton West, ON

I said I would like to move a motion: That, given the Minister of Justice is in Ottawa today, the committee invite him to appear immediately in relation to Bill C-14 with respect to bail and sentencing, followed immediately by clause-by-clause consideration of Bill C-14, followed—

The Chair Liberal James Maloney

Mr. Gill, I'm going to interrupt you.

12:40 p.m.

Conservative

Amarjeet Gill Conservative Brampton West, ON

—by clause-by-clause consideration of Bill C-9.

The Chair Liberal James Maloney

Mr. Gill, you can't bring that motion up at this time. If you're seeking unanimous consent, we can proceed that way. We've done that a number of times.

12:40 p.m.

Conservative

Amarjeet Gill Conservative Brampton West, ON

Can I ask for unanimous consent?

The Chair Liberal James Maloney

You can ask, yes.

Do we have unanimous consent?

Some hon. members

No.

The Chair Liberal James Maloney

Are you finished, Mr. Gill?

12:40 p.m.

Conservative

Amarjeet Gill Conservative Brampton West, ON

Yes, I am.

The Chair Liberal James Maloney

Thank you very much, sir.

Next we have Ms. Wagantall.

12:40 p.m.

Conservative

Cathay Wagantall Conservative Yorkton—Melville, SK

Thank you very much, Mr. Chair.

I am very pleased to be here today, not just to speak but to hear from other colleagues.

12:40 p.m.

Conservative

Tamara Kronis Conservative Nanaimo—Ladysmith, BC

I'm sorry, Mr. Chair, but I'm sitting right next to Ms. Wagantall and I cannot hear her.

The Chair Liberal James Maloney

I'm having trouble myself.

To people in the room—in the back, on the sides and all around—when somebody is speaking, please show some respect so that people can hear them.

12:40 p.m.

Conservative

Jacob Mantle Conservative York—Durham, ON

If you want to have a conversation—

The Chair Liberal James Maloney

Mr. Mantle, I have this this under control, but thank you. I don't need help.

12:40 p.m.

Conservative

Jacob Mantle Conservative York—Durham, ON

[Inaudible—Editor]

The Chair Liberal James Maloney

Mr. Mantle, we can have this banter back and forth, and Mr. Genuis is now joining in on the fun.

I've made my request; it's pretty clear.

Ms. Wagantall, you have the floor.

12:40 p.m.

Conservative

Cathay Wagantall Conservative Yorkton—Melville, SK

I'm going to take a bit of a different approach to this. I think it's really important that as we're speaking here, people understand who we are, where we come from and what our values are. It basically impacts how each of us performs in this place and who we represent.

First and foremost, I'm a Christian. I love my faith. I depend on my faith. I teach my faith to my children, and my husband and I are of one accord on that faith. We have an incredible privilege in this country that makes it so attractive to so many different people, even now, as it did back when my grandparents came to Canada under duress from where they had to leave. You can come here and know that you have the opportunity to be yourself and have the right to express yourself and discuss, debate and talk in the public square about your faith. This is something that every person who comes to Canada has the opportunity to do, and it's been abused extensively over the last decade.

I had the opportunity to go to India with my husband. I need to go again. We need to go everywhere in the world at least three or four times, which we don't have a lifetime to do. We went to the Lotus Temple, where Mr. Gandhi is buried, and inside at that time, every book of faith was displayed. The idea with that, of course, is that every religion has its opportunity and its right to exist.

Our Bible was sitting there, and you could look at it, but honestly, when my husband, who is a pastor, looked at it, it couldn't have been open to a more ambiguous portion of what this book represents than what was on the page. My husband, being who he is, said to the individual overseeing and protecting, “Could I please change what page our scripture is showing?” Of course, he wasn't able to do that.

The point is that for a politician to stand up in this place as the leader of a committee and declare that a portion or segment of this holy book is hateful, which means whoever reads it out loud or shares about it should go to prison, is unacceptable. It is unacceptable to everyone in this place, and I'll tell you why.

In the House of Commons, when I was standing in my place and speaking, I was asked a question, but it wasn't a question. It came from a Bloc member who said to me that I had no right to bring my faith into this place. Note that I'm just repeating what I was told. My response simply was that we all have faith. As I told the Speaker, that individual has faith. It's just a question of where we put our faith.

The government is treading on various dangerous ground by going in this direction, and I think the government has been made aware of that fact. I can assure everyone in this room who is studying these issues that you have opened up an incredible can of worms that you do not want to deal with. That's not a threat; that's just a reality. There isn't a single faith in this country that hasn't risen up in arms against this, because it is inappropriate for our government to be once again trying to control the lives of Canadians.

When it comes to family decisions about parental rights, this government has challenged that. Confiscating the firearms of law-abiding firearms owners, freezing Canadians' finances and now attacking our faith are inappropriate.

I have had many people come to me who came here years ago under duress seeking freedom and the opportunity to worship God. What this generation of the hundreds of thousands of immigrants who have ended up in Canada is saying to us is, “This is not what we expected. We want to leave. We want to go somewhere else. This is no different from where I came from.”

That is a huge statement against our country. It needs to be dealt with. The very fact that this is before this committee now, I think in ways that it wasn't expected that Bill C-9 would be dealt with, says that this has to be removed. You've heard that from people from all over this nation. You've heard that from people with authority within faith, from everyday Canadians and from people from all different kinds of civil liberties groups. This government has opened up, for a second time, the hearts and minds of Canadians and those who are calling this place home to say, “Not on my watch.”

It has happened before. During that time, I was also subject to this government's overreach. I was not allowed to exercise my responsibilities as a member of Parliament, because the government was telling me what I could and could not do. It was unacceptable. As a result, there was a swelling across this whole nation that grew all the way to this capital.

In that group of people, that huge group of people, do you know what? Every people group was represented. It was not what the prime minister of the time and others said was representative of our nation. It was abusive. It did not reflect the incredible pride of every group of people represented, from indigenous to Indian to European—you name it. Every faith was represented.

Here we are again today, in a situation where Canadians are coming together to say no and to say that this bill in its entirety needs to be scrapped, let alone what's come forward since in the amendment that was brought forward that basically attacks our faith. I've been here for a decade. This began in my first year here with the shutting down of the office of religious freedom. That's what this government did. They brought in Motion No. 103 to divide. We tried to amend it to include every faith in this country. They denied it. They did not support it.

Our personal autonomy has basically been abused. This is moral injury. I think the government doesn't understand it in the same way they don't at the veterans affairs committee, where I've served for a decade. I'm the old matron on the team. Its makeup has changed every time there's been an election, with many different leaders on both sides of the floor, but having been there, I've heard stories over and over again about moral injury. What our veterans have experienced has caused them to become dismayed, despondent and discouraged.

We have just finished a study. Many of them are seeking suicide. They cannot cope anymore. At the same time, they're being encouraged to do it in another way. What we have learned at that committee, which I find astounding, from three different organizations, one of them being Mr. Roméo Dallaire's, is that we cannot solve these kinds of problems when they're moral injuries by just treating the body and mind with pharmaceuticals. We have this third part that's the pinnacle of the triangle, and that is your soul. Until you deal with the reality of the soul, you can never fully heal.

What this bill is doing is trying to disrupt Canadians' health, as has been constantly done in so many other ways. My riding has been so engaged on every level since I became a member of Parliament that they become exhausted in trying to respond to this government. Here they are again, rising to the surface and saying, “This is wrong. This is inappropriate. This cannot happen.” As a result of the divisiveness that's happening in our nation, the level of hate is real. It's been encouraged. I'm sorry, but it's been encouraged, and divisiveness is causing that.

I'll just say one thing here. People of faith and faith leaders have been writing to the Prime Minister and expressing their deep concern about the removal of religious freedom exemptions from the Criminal Code. Do you know why? It's because they also know it will not make Canadians safer and certainly will not protect any people of any faith from hate. It's spin when you say we're trying to protect people of faith from hate and then you turn around and are creating the hate. This has to end.

Witnesses have told you at this committee that the religious text defence is narrow and does not offer blanket immunity, as the Liberals are trying to suggest. As they're saying, trying to veto or shut down faith text is not going to bring safety to Canadians. The good-faith religious defence protects minorities and those with sincerely held religious beliefs.

The separation of church and state is being used inappropriately because Thomas Jefferson wrote one letter in 1802 to a Baptist group that was concerned about the freedoms they had. In it, he said they did not need to worry, because separation of church and state, which he was referring to, meant not protection of the state from the church but protection of the church from the state.

Those are the circumstances that we find ourselves in today, first of all with the shutdown of the office of religious freedom, and then with trying to pit one faith group against another and removing charities. Canadians are seeing all of these things, and they are not foolish. They are not fooled. They know that this is inappropriate.

Religious communities, including Jews, Christians, Muslims, Sikhs, Hindus and Buddhists, hold a vast range of beliefs on religion, morality, sexuality, politics and culture. I go by my faith in the word of God. It is not the government's job to dictate what people believe. Every person has the free will to make those decisions on their own, and it is not the government that should be controlling the free will of people.

Though some may find different beliefs objectionable, I don't agree. I love to debate with people of other faiths. We should have that confidence. My husband is a pastor who has told young people all their lives, “If your faith is true and you know and understand it, you can talk with anyone else about their faith and what they believe.” We are not there to threaten each other. We are there to have reasonable conversations, because every person in this place, every person in the world, has a soul. That shows in the extent of faith and belief across the world, including secularism. I'm sorry; that is faith. That is a religion.

My religion happens to be a relationship. It's not me trying to figure out how to get to God; God has come to me. That's my faith in a nutshell.

Some of these beliefs we may find objectionable, old-fashioned or even hateful. A free country does not criminalize the expression of sincerely held religious doctrines. We have laws in place that this government has refused to use. Obviously, then, I'm sorry, but you have to ask the question of why that is.

If you have an opportunity to deal with hate, why would you not be dealing with it? What is preventing you from doing that? The courts have been clear that violence and calls to violence are not and never have been protected as free expression and are not done in good faith as the defence requires. That's why we have laws.

I would encourage this government to get back to.... I will not bring forward a motion, but the reality is that the depth of darkness in crime and everything going on in this country that is negative is due to this government not doing its job in those areas.

The bail reform bill needs to be dealt with. It is not the fault of the people here today representing Canadians on Bill C-9 and on this particular amendment that has roused the angst of Canadians. It is the responsibility of this government to deal with that, to get it out of the way, to remove it and to get back to dealing with the issues around crime in this country and around having jail, not bail.

Thank you.

The Chair Liberal James Maloney

Thank you very much, Ms. Wagantall.

12:55 p.m.

Conservative

Jacob Mantle Conservative York—Durham, ON

Hear, hear!

The Chair Liberal James Maloney

Mr. Au, I'll turn the floor over to you, sir.

12:55 p.m.

Conservative

Chak Au Conservative Richmond Centre—Marpole, BC

Thank you, Chair, for allowing me the opportunity to speak. I am not a permanent member of this committee, but I feel compelled to speak today for two main reasons.

One, I am really concerned about what is unfolding here in this committee. I came two nights ago, and I saw that the amendment was passed to remove the good-faith defence from the bill. I think what is happening is really dangerous.

Not only that, but I feel compelled to speak because I have received hundreds of emails and messages in the last few days. I would say that none of the emails I received supported removing the good-faith defence from the bill. These people have urged me to speak for them. They don't have the privilege to speak in this committee or in Parliament. I'll share later on some of the messages I received, but first I will speak directly to the amendment and the subamendment.

Before I share the messages I received, I want to give you a bit of background about my riding and myself. My riding is Richmond Centre—Marpole, which is probably the most culturally diverse riding in the country, with 60% of people not born in Canada and 75% of the population identified as visible minorities. We have people coming from all over the world. We have over 110 languages being spoken at home or in the community. We have people coming from all walks of life, with all kinds of religious and cultural backgrounds. I think this is something we need to put into the debate on this bill.

Personally, I came to Canada in 1988 for this reason: I wanted to find a place where I could practise my faith without fear, a place where I didn't have to fear whether or not I would be allowed to practise my religion, whether or not I could speak freely about my beliefs and whether or not the Bible and the other religious writings I have would be subject to censorship. That's why I came to Canada. I believe many of my people in Richmond Centre—Marpole came for the same reason. I think they are alarmed, seeing what's happening in this debate on Bill C-9.

As I said, I want to share some of the messages I received. For example, one message said that if scripture can be put on trial for being offensive, then religious freedom itself is on trial. Another one said that if passages are labelled hateful, then tomorrow's target could be the Bible, the Quran or the Torah.

The other day, my colleague Tamara Kronis gave a history of the constitutional development of Canada and how we arrived at the balance between protecting religious freedom and protecting people from hate. In response to that, one sender said that when Parliament forgets its own constitutional history, it repeats its constitutional mistakes. Another one said that religious oppression does not begin in faraway countries; it has happened on Canadian soil. Another one said that every slide in repression begins with small, reasonable-sounding steps.

On the amendment being proposed by MP Andrew Lawton, one of the senders said that Andrew Lawton's amendment is not a loophole; it's the last line of defence for freedom of expression and religion. Finally, another person shared with me and said—listen to this—that once government is given power to prosecute without limits, it will use that power eventually against someone you didn't expect.

1 p.m.

Liberal

The Chair Liberal James Maloney

I'm sorry, Mr. Au, but we have a point of order, I believe.

Go ahead, Ms. Lattanzio.