Mr. Speaker, I am pleased to participate in the third reading debate on Bill C-75, an act to amend the Criminal Code, the Youth Criminal Justice Act and other acts and to make consequential amendments to other acts. I intend to focus my remarks on sentencing-related issues.
At the outset, it is important to address the continuing criticism by the opposition that hybridizing all straight indictable offences punishable by a maximum penalty of 10 years imprisonment or less—to allow the Crown to proceed by summary conviction in appropriate cases—would minimize the seriousness of these offences. These concerns reflect a lack of trust of the judiciary and Crown prosecutors, who already make these decisions every day. They also represent a profound misunderstanding of what Bill C-75 aims to achieve by reclassifying certain offences.
The proposal to hybridize offences is procedural in nature and is intended to allow prosecution by summary conviction of conduct that currently does not result in a sentence of more than two years. For instance, it is a mischaracterization of the reclassification amendments to assert that by hybridizing section 467.11 of the Criminal Code, i.e., participation in activities of a criminal organization, Bill C-75 is sending a message not to take organized crime offences seriously.
The proposed amendment simply recognizes that this offence can, by virtue of the range of conduct captured, include circumstances where an appropriate sentence falls within the summary conviction range. Proceeding summarily in these circumstances allows for more expeditious proceedings without undermining public safety or impacting the sentence ranges for this offence.
In fact, in 2011-2012 there were 49 guilty verdicts entered pursuant to section 467.11 of the Criminal Code. Of these 49 cases, only 34 were given a custodial sentence. Of those, one received one month or less, six received between one month and three months, 10 received between three months and six months, nine received from six months to 12 months, four received from 12 months to 24 months and the four remaining received a custodial sentence of 24 months or more.
At the time these sentences were imposed, section 467.11 of the Criminal Code was a straight indictable offence, and yet the overwhelming majority of sentences imposed were in the summary conviction range, including 15 non-custodial sentences. It is clear that keeping section 467.11 of the Criminal Code as a straight indictable offence would not in any way prevent the Crown, in appropriate cases, from seeking a non-custodial sentence or a sentence of imprisonment that is in the summary conviction range.
Let me be clear. There is absolutely nothing in Bill C-75 that would suggest to prosecutors and courts that hybridizing offences should result in their seeking or awarding lower sentences than what is currently sought or awarded under the law. Prosecutors would continue to assess the facts of each case and the circumstances relating to the offender and previously decided cases in order to determine which type of sentence they should seek. Sentencing judges would continue to impose sentences proportionate to the severity of the crime and the degree of responsibility of the offender, as mandated by the fundamental principle of sentencing in section 718.1 of the Criminal Code.
The misapprehensions about the proposed reclassification amendments also unnecessarily detract from other notable reforms. For example, the bill proposes to toughen criminal laws in the context of intimate partner violence, IPV, thereby increasing public safety and enhancing victim safety.
Bill C-75 includes a proposal that would impose a reverse onus at bail for an accused charged with an intimate violence offence if the accused has a prior conviction for violence against an intimate partner, regardless of whether it is the same partner, a former partner or a dating partner. In this context, to enhance the safety of victims of this type of violence, the accused, not the prosecutor, would have to justify their release to the court and the public. What this means is that the presumption that the accused should be released pending trial no longer applies
This proposal is targeted and reflects what we know about the heightened risk of safety that victims of intimate partner violence face. Victims of intimate partner violence tend to experience multiple victimizations before reporting it to the authorities or police. Based on Statistics Canada data from 2014, 17% of victims of spousal violence indicated that they had been abused by their current or former partner on more than 10 occasions.
I understand that one of the criticisms raised at committee was that the reverse onus could be problematic in jurisdictions where dual charging occurs, a practice whereby both partners are criminally charged, sometimes because self-defence on the part of the victim is confused with assault. I also understand that it is often not the law that is the problem in this context, but how it is applied.
Dual charging is an operational issue that provinces and territories have been addressing through the development and implementation of training and policies. For example, in March 2016, the Canadian Association of Chiefs of Police released the document “National Framework for Collaborative Police Action on Intimate Partner Violence”, which addresses dual charging and provides guidance for cases where charges against a victim are being contemplated.
Knowing that the research shows that victims are at an increased risk of violence in the aftermath of reporting to police, especially in cases where there is an ongoing history of violence in the relationship, I am confident that the reverse onus proposed here is carefully tailored to address the concerns raised.
Bill C-75 would also require courts to consider whether an accused is charged with an IPV offence prior to making a decision to release or detain the accused during a bail hearing. In addition, Bill C-75 would clarify that strangulation, choking and suffocation are elevated forms of assault and would also define "intimate partner" for all Criminal Code purposes, clarifying that it includes a current or former spouse, a common-law partner, as well as dating partners.
Moreover, Bill C-75 proposes a sentencing amendment to clarify that the current sentencing provisions which treat abuse against a spouse or common-law partner as an aggravating factor apply to both current and former spouses, common-law partners and dating partners. What is more, Bill C-75 would also allow prosecutors the possibility of seeking a higher maximum penalty in cases involving a repeat intimate partner violence offender.
I think we can all agree that allowing for the imposition of higher than the applicable maximum penalty in cases of repeat intimate partner violence offenders is a concrete example of Parliament sending a clear message to prosecutors and the courts that repeat intimate partner violence offenders should receive strong denunciatory sentences.
In these cases, where the Crown serves notice under section 727 of the Criminal Code that a higher maximum penalty is sought, a sentencing court would be given additional discretion to impose a sentence that exceeds the otherwise applicable maximum penalty. This will better reflect the severity of the conduct in question and assist courts in imposing sentences that better protect victims.
I urge all members to support this very comprehensive legislation which will reduce delays and make the criminal justice system more efficient and effective on the basis of evidence and not ideology.