Mr. Speaker, first of all, I would like to thank the hon. member for Avalon for bringing this bill before Parliament.
I am privileged to speak on this important bill today, Bill C-464, An Act to amend the Criminal Code (justification for detention in custody). The proposed amendment adds only a few words to the Criminal Code, but they are very important words. They are words that emphasize the importance of protecting some of our most vulnerable citizens, our children.
Bill C-464 would add the words “any person under the age of 18 years” to paragraph 515(10)(b) of the Criminal Code. Thus the provision would read that the detention of the accused in custody is justified:
where the detention is necessary for the protection or safety of the public, including any victim of or witness to the offence, or any person under the age of 18 years, having regard to all of the circumstances including any substantial likelihood that the accused will, if released from custody, commit a criminal offence or interfere with the administration of justice; and
This means that when a judge is determining if an accused person should be released on bail pending his or her trial, the judge is to specifically consider the safety of children. Currently courts assess the safety of children when considering the safety of the public under paragraph 515(10)(b). This amendment serves to highlight the importance of children's safety being expressly reviewed at the bail hearing, a very important juncture in criminal proceedings.
This bill was first introduced by the member for Avalon on October 22, 2009. It then received general support during the second reading on December 4, 2009, and a government amendment was unanimously supported by the Standing Committee on Justice and Human Rights. The speed by which the bill has moved through the House and the consensus it has generated confirms that it will be a valuable contribution to the Criminal Code.
I would like to take a moment to speak of the two witnesses who appeared before the justice committee. Last week, David and Kathleen Bagby appeared to assist the committee in its consideration of Bill C-464. As we all know, the tragic and senseless loss of their son, Andrew, and their grandson, Zachary, is what propelled the Bagbys to seek legislative reform. At the committee hearing, they spoke of their heart-wrenching loss and also clearly articulated their desire to prevent a similar tragedy from befalling another family. The Bagbys found the courage to use their unimaginably painful loss as fuel for positive change. I thank them for appearing before the justice committee, and I thank them for their efforts to prevent other children from being harmed.
As mentioned, the justice committee unanimously supported the private member's bill as amended. The government moved an amendment to improve the bill by making it less restrictive. Instead of only referencing the “children of the accused” as initially proposed, the government moved an amendment to reference all persons under the age of 18. When determining if an accused person should be released from custody, courts will be expressly reminded to consider the safety and protection of all children affected by the accused person's release. Any danger presented by the accused in regard to any child, be it a partner's child, a neighbour's child or a biological child, must be considered before he or she is released into the community.
The Criminal Code sets out the bail, or judicial interim release, procedure and the grounds for detention of an accused. When police officers believe there are reasonable grounds not to release an accused, they are required under the law to bring them before a judge or justice of the peace within 24 hours or as soon as possible.
Subsection 515(10) of the Criminal Code sets out specific grounds to justify the pretrial detention of an accused. Under what is commonly referred to as the “primary ground”, bail can be denied when detention is necessary to ensure that the accused does not flee from justice and appears before the court when required to do so.
Under the “secondary ground”, the ground Bill C-464 seeks to amend, bail can be denied where it is necessary to protect the public. For example, if there is a substantial likelihood that the accused will re-offend or interfere with the administration of justice, he or she should not be released.
Third, bail can be denied under the “tertiary ground”, when the court considers it necessary to maintain public confidence in the administration of justice.
The task of assessing an accused's risk at the bail hearing can be extremely challenging. The investigation may be ongoing and the information available to the courts may be incomplete. Our justices are asked to make very important decisions in a very short time frame and in a fair manner that respects the values entrenched in our Charter of Rights and Freedoms. This amendment, it is hoped, can assist them with their difficult task by specifically reminding them to consider the safety and protection of children.
Although this judicial interim release regime operates well, tragic incidents, while rare, do occur. Placing limits on an individual's liberty is clearly necessary when failure to do so jeopardizes the safety of the public and, most particularly, the safety of our children.
Child safety should be considered at all stages of a criminal prosecution, from the arrest to the sentencing of an accused. This amendment would ensure that bail decisions are made with the safety of the child at the forefront.
Bill C-464 is in line with this government's criminal law reform efforts. The Conservative government is committed to the safety and protection of Canadian children.
Just this month, the government proposed legislative amendments to strengthen the national sex offender registry and DNA data bank, measures that will provide greater protection for our children.
Furthermore, as highlighted in the recent Speech from the Throne, this government will also introduce legislation to increase penalties for sexual offences against children and will protect children from Internet luring and cyber abuse.
In the recent past, this government has introduced legislation that aims to protect children. For example, the Tackling Violent Crime Act places stricter conditions on dangerous and high-risk offenders and protects children from sexual predators by increasing the age of consent. We have also increased penalties for street racing and gun crimes and terminated house arrest for serious, violent offences.
Clearly, a strong criminal justice system alone is not sufficient. The criminal justice system and provincial child protection regimes intersect and overlap in many ways. Child protection is a complex, multi-dimensional issue that involves the ongoing commitment and collaboration of community members, practitioners and policy-makers from across Canada.
Bill C-464 is an important step, but it is clearly not the only step to be taken. We must continue to work with our provincial and territorial counterparts to develop ways to better protect Canadian children. It is an enormous but essential task.
All of us want Canada to be a safe, secure place for our children. They are our future and deserve our protection. Bill C-464 emphasizes the importance of courts considering the safety of children when making decisions about the pretrial release of an accused.
I urge this House to give this bill its full support.