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.
Liberal
The Chair Liberal James Maloney
I'll be honest with you. I can't hear what we're talking about because Mr. Baber was talking in my left ear, so I'm not in a position, really, to overrule or oppose your point of order.
I'll just say the same thing I've been saying all day. You started out by talking about the subamendment and the amendment, so if we could just focus on that, that would be fine.
Conservative
Tamara Kronis Conservative Nanaimo—Ladysmith, BC
We know the Liberals don't want to talk about bail, but members of my community very much want me to ask about it, and they want me to ask about it specifically with respect to the offences that are being modified by these amendments and by this law. It is completely relevant because it's important for people in our communities and for Canadians to know what the consequences of the changes to this legislation might be.
I'll ask the experts this again. Can you share with us how bail works for hate-motivated offences currently?
Senior Counsel, Criminal Law Policy Section, Department of Justice
I'll do my best to provide a general overview of bail in Canada, recognizing that it is of interest right now.
The Charter of Rights and Freedoms does include the right to reasonable bail unless there is just cause to deny bail. There are three reasons outlined in the Criminal Code for which bail can be denied: to ensure that those charged with an offence appear in court when required, to maintain public safety by assessing and managing any potential risks if an accused person is released, and to maintain the public's confidence in the justice system.
There are two minor amendments proposed in Bill C-9: to add the proposed intimidation offence to the bail provisions that would require a justice to consider whether or not to order a firearms prohibition if someone came before the bail court for that offence, as well as requiring a justice to consider electronic monitoring or a non-communication order, again for the intimidation offence.
Those are the proposals in Bill C-9 that would respond to bail.
Conservative
Tamara Kronis Conservative Nanaimo—Ladysmith, BC
Thank you very much for that answer.
Can you tell me how Bill C-14 would change those provisions?
Senior Counsel, Criminal Law Policy Section, Department of Justice
I'm not here to speak to Bill C-14—
Liberal
The Chair Liberal James Maloney
I have two things.
I'm really having trouble hearing you. There are discussions going on every which way I turn, to my left and to my right. If people could—
Conservative
Tamara Kronis Conservative Nanaimo—Ladysmith, BC
I'm sorry; let me repeat the question, especially since I really should have asked it through the chair.
Through the chair, I'm wondering if counsel for the Department of Justice can tell us how Bill C-14 would change the bail provision she just described.
Conservative
Tamara Kronis Conservative Nanaimo—Ladysmith, BC
It is related to Bill C-9, Mr. Chair, because what's happening here is that Bill C-9 is going to make some changes to the bail provisions, and bill C-14 is going to make further changes to those bail provisions.
I realize that my Liberal colleagues do not want to study Bill C-14, but that doesn't change the fact that members of my community have questions about how Bill C-14 will impact Bill C-9.
Liberal
The Chair Liberal James Maloney
Bill C-9 does not make any changes.... There are no proposed changes to the bail provisions.
Conservative
Tamara Kronis Conservative Nanaimo—Ladysmith, BC
Actually, I just asked the question and got the answer.
Conservative
Tamara Kronis Conservative Nanaimo—Ladysmith, BC
If you'll just allow me to establish the relevance, Mr. Chair, Bill C-9 amends the Criminal Code, and that means people can get arrested. The removal of a defence means that.... Unfortunately, Monsieur Fortin, getting arrested is not actually funny.
My constituency office and my community offices are getting flooded with emails from people who are genuinely concerned that with this defence removed.... Pastors have called me and said, “I've always been bipartisan. I have many members in my congregation, but they are universally asking me to meet with you, and they're asking you to express the concerns we have around Bill C-9.”
Liberal
Conservative
Tamara Kronis Conservative Nanaimo—Ladysmith, BC
That's fair.
In terms of why it's relevant for me to ask our counsel from the Department of Justice about Bill C-14, it's that whenever anyone gets arrested, bail provisions come into play.
Liberal
The Chair Liberal James Maloney
Let me put it to you another way: If you were to ask a question with a hypothetical based on an impaired driving charge, that wouldn't be relevant to Bill C-9.
Liberal
Conservative
Liberal
