Evidence of meeting #17 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-14.

A recording is available from Parliament.

On the agenda

Members speaking

Before the committee

Dyas  Mayor, City of Kelowna
Veresuk  Executive Director, Regina Downtown Business Improvement District
Campbell  President, Toronto Police Association
Poirier  Vice-President, Federal Government Relations, Retail Council of Canada
MacKinnon  Chairperson, International Downtown Association Canada
Taylor  Senior General Counsel and Director General, Criminal Law Policy Section, Department of Justice
Grbac  Counsel, Criminal Law Policy Section, Department of Justice
Burt  Counsel, Criminal Law Policy Section, Department of Justice
Reynolds  Acting Senior Counsel, Youth Criminal Justice Division, Department of Justice

6:40 p.m.

Conservative

Andrew Lawton Conservative Elgin—St. Thomas—London South, ON

Thank you.

Again, I cannot stress enough that we should be finding opportunities for collaboration and consensus whenever we can. Minister Fraser was here last week. I had hoped that he would come, and I hope he still will come at some point, for his mandate and priorities appearance that this committee agreed to in September. I note, with great interest, the Liberal deference to a motion we passed last week on Bill C-14, but they have not been as keen to uphold the other motions we passed months ago to have the Minister of Public Safety and the Minister of Justice here.

Last week, Minister Fraser talked about what he views as a very aggressive crime-fighting agenda from the Liberal government. Of the three bills that he has introduced as justice bills—Bill C-14, Bill C-16 and Bill C-9—Conservatives have been very eager and willing to work on two of them with the government since the day that they were tabled.

The reason we're in this situation is that the very first justice bill the Liberal government put forward was Bill C-9, a bill that we heard testimony on from a range of groups, from civil liberties activists to labour groups. In doing so, we heard a lot of really frustrating concerns about the bill that were not just coming from people of faith but from people who value the Charter of Rights and Freedoms—again, not voices the Liberals typically want to hear.

Why this is important is that Bill C-9 got even more divisive and toxic in the committee stage when it was amended, by an amendment from Monsieur Fortin that was supported by my Liberal colleagues, to remove long-standing religious protections. That is why Conservatives have taken the position we have on Bill C-9 and have done the work we have done. I spent much of our winter recess engaging with communities that were not consulted as part of Bill C-9, were not allowed to testify before committee and had not even been invited to weigh in on the religious defence aspect because it was introduced as an amendment. My office took the liberty of asking for people to submit unofficial briefs that, when we will deal with Bill C-9, I am going to continue to cite, because these are people who should have had their perspectives heard as part of the original consultation.

I bring this up to stress the point that it is absolutely negligent and undemocratic to try to condense all further discussion about Bill C-9 into two hours on Monday morning, which is what Ms. Lattanzio's amendment would do. By the way, I don't know the exact number, but there are numerous amendments from all parties—Conservative, Liberal and Bloc—that have been put on notice, that we cannot discuss the contents of because of parliamentary privilege. Each one of them raises important legal and political questions that we as a committee must, in doing our job, consider. All of that has to be done in two hours and, if we don't get to it, then it automatically goes to a vote, without our ever having the chance to discuss it or to speak to the Department of Justice officials, who have been very patient through this whole process and who have a lot of very important insights to share. That is why we do not believe that it is fair or reasonable for the Liberals to hold Bill C-9 hostage behind bills that we are eager to work with them on and, as evidenced by what we've done on Bill C-14, are willing to do.

It is 6.45 p.m. Chair, you told us that we have resources until 2:15 a.m. I have seen the amendments. I think that there is a lot of common ground among parties. I still hold out hope that we could have Bill C-14 completed tonight and sent back to the House. That is my sincere hope.

This poisonous amendment from Ms. Lattanzio is yet again attempting to hold our work on Bill C-14 hostage, behind something that we cannot support on Bill C-9. However, I am willing to have this discussion and to debate this amendment and the motion at hand, as amended or not amended. I ask for unanimous consent from this committee that we continue this discussion, in good faith, on Ms. Lattanzio's amendment and Mr. Brock's motion, at the conclusion of clause-by-clause consideration of Bill C-14. That would allow us to, tonight, in a matter of hours, send a bail bill back to the House of Commons for third reading. I am seeking consent that we prioritize that now, whether that is witnesses or clause-by-clause.... I would hope that we could do witnesses first, but I am seeking unanimous consent from the committee on this.

We'll continue this motion after clause-by-clause on Bill C-14 is concluded.

The Chair Liberal James Maloney

Thank you, Mr. Lawton.

Do we have unanimous consent?

Patricia Lattanzio Liberal Saint-Léonard—Saint-Michel, QC

No.

The Chair Liberal James Maloney

Thank you.

Is that the end of your submission, Mr. Lawton?

6:45 p.m.

Conservative

Andrew Lawton Conservative Elgin—St. Thomas—London South, ON

That was hesitant.

The Chair Liberal James Maloney

Is that the end of your submission, Mr. Lawton?

6:45 p.m.

Conservative

Andrew Lawton Conservative Elgin—St. Thomas—London South, ON

No. I'll just point out for the record that once again Liberals have obstructed fixing the bail system right now.

Anju Dhillon Liberal Dorval—Lachine—LaSalle, QC

No they haven't.

6:45 p.m.

Conservative

Andrew Lawton Conservative Elgin—St. Thomas—London South, ON

Now I'm finished.

The Chair Liberal James Maloney

Next, I have Ms. Lattanzio and Mr. Brock.

Patricia Lattanzio Liberal Saint-Léonard—Saint-Michel, QC

Thank you, Mr. Chair.

We have been at this for maybe close to two hours. Can I indulge and ask the clerk, Mr. Chair, how many speakers from the opposition have spoken to my amendment up until this point? I'm just curious. How many times have they taken, for example, the floor to speak to an amendment that was brought forward by—may I remind the committee here—Mr. Brock?

While we were in the middle of listening to witnesses, we could have easily continued listening to witnesses this evening and carried on, on what we set out to do, which was the clause-by-clause study on Bill C-14. What are we doing? We are arguing over a timetable of Bill C-9 as to when we are going to conclude the study of Bill C-9.

We took a unanimous decision last week to continue the study of Bill C-9 and here we are reversing course. Not only that, we have taken advantage of introducing this motion in the middle of having witnesses here. They've been very patient and I feel for you. We could have done this perhaps at the end of the meeting. But no, we need to do this now. This is classic obstruction and filibustering. They have the gall to say, “We want to pass Bill C-14.” The actions don't reflect what they're saying.

Mr. Chair, can I just have a readout of how many people have spoken on this amendment, and how many times have they taken the floor to speak on this amendment?

The Chair Liberal James Maloney

There are four members from the Conservative Party. I'm not sure how many times they have spoken.

6:45 p.m.

Conservative

Larry Brock Conservative Brantford—Brant South—Six Nations, ON

All four of us have spoken.

The Chair Liberal James Maloney

All four have spoken.

Patricia Lattanzio Liberal Saint-Léonard—Saint-Michel, QC

Over and over and over, this is not complicated. You're either for this or you're against this. Let's carry on. If your intentions are to get Bill C-14 done, Mr. Chair, let's do it. Let's vote on this. You vote in favour of it or you vote against it. Let's carry on. It's classic filibustering. It's classic obstruction right here.

There you go. I call the vote.

The Chair Liberal James Maloney

Thank you, Ms. Lattanzio.

Mr. Brock, you have the floor.

6:45 p.m.

Conservative

Larry Brock Conservative Brantford—Brant South—Six Nations, ON

Thank you.

All I can say is, wow. I'm not done, not even close to being done, okay? Mark your clocks, because I'm not even close to being done. Wow from the parliamentary secretary who is virtue signalling, trying to suggest that we are here to filibuster Bill C-14, when the parliamentary secretary herself decided to censor Conservatives from sharing stories gathered right across this country since we adjourned just before Christmas.

Patricia Lattanzio Liberal Saint-Léonard—Saint-Michel, QC

I have a point of order, Mr. Chair.

I take exception. What is this censor?

The Chair Liberal James Maloney

We've discussed this in the past and I'm going to say this to both sides.

Larry Brock Conservative Brantford—Brant South—Six Nations, ON

That's not a point of order.

The Chair Liberal James Maloney

Mr. Brock, I'm trying to maintain a level of civility here. I think you respect the fact that I do try to do that. I'm asking all members of this committee to speak in a manner that shows respect to your colleagues on both sides of the table. I don't want to get into a situation where I have to rule on something somebody said that might have been offside. Just keep that in mind, that's all I'm asking.

6:50 p.m.

Conservative

Larry Brock Conservative Brantford—Brant South—Six Nations, ON

I don't want to offend the sensitivity of my Liberal colleagues. I'll move away from the word “censorship”, but she certainly wants to restrict my parliamentary privileges—and Mr. Baber's, Mr. Gill's and Mr. Lawton's—by unilaterally deciding that, as parliamentary secretary, and I guess by extension, speaking on behalf of the Minister of Justice, who promised the House that he was going to be meeting with stakeholders over Christmas.... We've heard that several stakeholders have reached out to his office asking for a response, and he doesn't have the decency to respond, nor have we heard anything from his office or through Ms. Lattanzio as to who he met with. How many individuals did he meet with? What were their concerns? What were their suggestions? What did he telegraph?

Ms. Lattanzio, as parliamentary secretary, has decided that she wants to breach parliamentary privilege. She wants to put a limit on our democratic rights as members of Parliament. We all represent constituencies, some larger than others. I have heard loud and clear from stakeholders in the great riding of Brantford—Brant South—Six Nations. I've taken meetings. I've answered emails. I've responded to phone calls. I've made presentations at churches and at community groups. There is absolute outrage out there that this government, not on their own initiative....

Now, I appreciate Mr. Housefather's passions, and I'm sure that as a very strong advocate he made his position known not only to Ms. Lattanzio, but to Mr. Fraser: his concerns about the events that we heard about through Monsieur Fortin, about that radical Islam preacher in Montreal, which in my belief was the genesis of the creation of their amendment. I'm sure Mr. Housefather shared those concerns. I have no doubt that he advocated, to some degree, for its removal.

For Bill C-9, as introduced in the House at first reading, as debated at second reading and as studied over the course of I don't know how many days, Mr. Chair—but several, at least a half a dozen days—we heard from witnesses chosen by the Conservative Party, by the Liberal Party and by the Bloc Québécois.

I'll say this again. I've repeated this comment at least three times. This might be the fourth time. Apart from Monsieur Fortin's advocacy, the focus of all of his interventions was to gain a perspective as to whether or not individual witnesses from across this country supported the removal of the religious exemption.... Not one member of the Conservative Party pursued that avenue, and not one member of the Liberal Party, maybe with the exception of Mr. Housefather. If Mr. Housefather raised it during one of his questions, I'll stand corrected. It certainly was not, Mr. Chair, a persuasive theme that was introduced by any member of the Liberal team, save and except the advocacy of Monsieur Fortin.

We get to the point where clause-by-clause is about to start and all three parties put forth their suggested amendments.

There was no amendment from the Conservative Party that supported Monsieur Fortin's amendment to remove that exemption and, of great significance, I might add, there was not one amendment by the Liberal government to support Mr. Fortin's amendment to remove that defence.

I would dare to say that, perhaps with the exception of Mr. Housefather, not one member of the Liberal front bench—including the justice minister and the Prime Minister—or backbench spoke in favour of the Liberal government supporting the Bloc amendment. I want Canadians to really appreciate that narrative because that narrative is the absolute truth. It is all on record for anyone who sees fit to review the comments I've made, to verify those comments as being said in the House of Commons or even outside the House.

I'm a ferocious reader when it comes to Canadian politics. Sometimes my staff get quite angry with me because I might be reading something at five o'clock in the morning and I feel the need to share that. Sometimes I'm disturbing the sleep of my staff. That's just who I am. I've warned all my staffers in the interview process, “You have to accept the idiosyncrasies of your boss. Sometimes an idea might come to me at three o'clock in the morning, and I need to reach out to a staff member. That's just who I am.”

During the course of all of my review of various political articles from all the major publications that are out there and of the media, not once did I review anything remotely coming from the Liberal Party of Canada, specifically the members on the justice committee, telegraphing any support for Monsieur Fortin's amendment.

We were optimistic, as Conservative members, that we were going to work collaboratively with the Liberal government. I agree with Mr. Baber's assessment that there is nothing in Bill C-9.... In fact, in part of my speeches that I made on Bill C-9, I clarified that Bill C-9 is completely redundant, absolutely redundant. Does this give the police services that magic elixir to finally deal with the hatred that has been spewing on our streets on a daily basis? No.

This never was an issue of a lack of tools. This was a lack of will, a will being dictated either by management of police services or by—or in conjunction with—their municipal leaders and partners.

In fact, I think on the last occasion I gave an example; I didn't identify the city. I'll repeat it again. There were blatant examples of criminality directed towards Jewish people who simply wanted to enjoy their faith, to congregate with their peers and to celebrate whatever celebration existed on the Jewish calendar when that event took place. What they were subjected to in the presence of police was appalling.

Really, Mr. Chair, it's no small wonder that the Canadian public has completely lost faith, not only in our federal institutions but also in police services, and this is another theme that I often speak about in my interventions in the House and at committee.

I recently returned from a trip in Surrey. I spoke to media out there. I spoke to victims of extortion and this is, in my view, not only a local but a provincial and national crisis. Again, the theme is, “We don't trust the police.”

The police are telling them to just pay whatever the amount is that they're trying to extort from them or to maybe hide in their basement or in a locked room, or create a safe room. It's horrible advice. It's absolutely despicable advice. Someone should enjoy the sanctity of their castle peacefully, knowing that they're not going to be facing an extortion crisis or someone shooting into their residence or their business and threatening to kill them. This is what life is like on the streets in Surrey. It's a breakdown again in policing.

Again, it's full circle. Where are we at now? We're at this point where the government.... I don't know why. There has not been any explanation offered by the Prime Minister or any member of this committee on the Liberal side or from our justice minister, Sean Fraser, as to why he saw fit to secretively reach out to the Bloc Québécois and broker a deal to support the Bloc's amendment to remove a four-decade-old law and defence in the Criminal Code in exchange for buying support for the passage of the rest of the bill.

The media certainly caught on to it. That particular weekend, I read about this secretive backroom deal. The only thing I could surmise from that, given the history that I have shared with this committee today and on other days, is that there must have been some fear on behalf of the government that Bill C-9 was in jeopardy. Why else would they make an absolute political decision that runs completely contrary to anything that they did by way of communication or in terms of interviewing witnesses at this committee?

I think it was Mr. Lawton or Mr. Baber who raised the point that, had we known that this would be an issue, perhaps there would have been a refocusing of questioning from my Conservative colleagues. Quite frankly, we need to hear evidence from subject matter experts on this issue. I don't think we necessarily got the best evidence for any member of this committee, maybe with the exception of Monsieur Fortin, to make that reasonable conclusion that there was evidence to support his position.

We were critical of the government's approach to prioritizing Bill C-9 as the first piece of criminal legislation introduced by this so-called new Liberal government led by Mark Carney. We knew that crime was a major issue in the last election because all the parties were talking about it. How could they not talk about it? I dare say, I can't wake up—sometimes at three o'clock or four o'clock in the morning—and look at my news feed. I can't read another heartbreaking story of some other repeat violent criminal promising the court that they'll comply with all of these conditions.

I don't care how restrictive the conditions are, Your Honour, I'll agree to electronic monitoring if necessary, I'll stay away from victims, I'll stay away from certain places, I'll refrain from the use or possession of firearms. It's a whole litany of conditions, knowing full well....

Again, this hearkens back to some 20 years of crowning in the province of Ontario. They'll say just about anything, include anything, to secure their passage out of jail. It's one story after another, and in literally minutes, sometimes hours, sometimes, days, they've completely abandoned that promise they made to the courts, sometimes putting sureties at risk. Sometimes these sureties might be close friends, maybe family members. They're putting the whole process at risk just so they can continue what they know best, and that is breaking the law without any concern about consequences. Why would they be concerned about consequences when in the last 10 years this Liberal government has created a climate of non-compliance and zero consequences? It is telegraphed.

Patricia Lattanzio Liberal Saint-Léonard—Saint-Michel, QC

I have a point of order.

The Chair Liberal James Maloney

Sorry, Mr. Brock.

Yes, Ms. Lattanzio.

Patricia Lattanzio Liberal Saint-Léonard—Saint-Michel, QC

Mr. Chair, in reading and rereading the amendment, I would invite the member to reread it also. It's very clear we want to continue the study of clause-by-clause of Bill C-14. All that amendment does is set the timetable and reaffirm what we've already decided last week. Now my colleague is just going all over and there's no relevance basically to the amendment.