House of Commons Hansard #360 of the 42nd Parliament, 1st Session. (The original version is on Parliament's site.) The word of the day was yazidi.

Topics

Questions Passed as Orders for ReturnsRoutine Proceedings

3:50 p.m.

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, furthermore, if the government's response to Questions Nos. 1976 to 1979 could be made orders for return, these returns would be tabled immediately.

Questions Passed as Orders for ReturnsRoutine Proceedings

3:50 p.m.

Liberal

The Speaker Liberal Geoff Regan

Is that agreed?

Questions Passed as Orders for ReturnsRoutine Proceedings

3:50 p.m.

Some hon. members

Agreed.

Question No. 1976Questions Passed as Orders for ReturnsRoutine Proceedings

3:50 p.m.

Conservative

Martin Shields Conservative Bow River, AB

With regard to Correctional Service Canada, broken down by year since 2008: (a) what is the average number of individuals in a maximum security penitentiary; (b) what is the average number of individuals in a medium security penitentiary; (c) what is the average number of individuals in a minimum security penitentiary; (d) what is the average number of individuals serving their sentence in the community; and (e) for each number in (a) through (d), what capacity percentage does that number represent?

(Return tabled)

Question No. 1977Questions Passed as Orders for ReturnsRoutine Proceedings

3:50 p.m.

NDP

Rachel Blaney NDP North Island—Powell River, BC

With respect to the Canada Revenue Agency (CRA) and the Guaranteed Income Supplement (GIS) for the period since January 1, 2017: (a) how many seniors of 75 and older get GIS in Canada; (b) how many eligible seniors at 75 and older are not receiving the GIS; (c) how many seniors at 75 or older receiving the GIS have their benefits temporarily or permanently suspended pending a CRA investigation; (d) for what reasons does the CRA suspend a GIS benefit, and what is the breakdown of the numbers of cases for each reason; (e) how many of the seniors 75 and older, who had their benefits suspended, had them reinstated later; (f) what is the average length of time for the reinstatement of the benefits mentioned in (e); (g) following the reinstatement mentioned in (e), is a retroactive payment made for the unpaid GIS; (h) if the answer to (g) is affirmative, is it a lump sum payment; and (i) did the CRA ever have cases where benefits were paid during an investigation to determine the continued eligibility?

(Return tabled)

Question No. 1978Questions Passed as Orders for ReturnsRoutine Proceedings

3:50 p.m.

NDP

Anne Minh-Thu Quach NDP Salaberry—Suroît, QC

With respect to Lyme disease-carrying ticks and Lyme disease in Canada: (a) what percentage of Lyme disease cases are thought to be reported; (b) what percentage of people who receive treatment for Lyme disease develop post-treatment Lyme disease syndrome; (c) what percentage of people with untreated Lyme disease infections experience intermittent bouts of arthritis; (d) what percentage of untreated Lyme disease patients are at risk of developing chronic neurological complaints months to years after infection; (e) based on all epidemiological data collected since Lyme disease became a nationally-reportable disease, what is the most recent data available about Lyme disease cases, broken down by (i) province, (ii) month, (iii) symptom, (iv) incidence by age and sex; (f) what is Lyme disease’s (i) ranking among vector-borne diseases in Canada, (ii) ranking among nationally notifiable diseases; (g) is it possible to have more than one tick-borne infection, and, if so, (i) are possible co-infections being investigated and tracked, (ii) does one’s chance of having multiple tick-borne infections depend on geographic location, and, if so, what areas are particularly at risk, (iii) what is the rate of co-infection by province; (h) since 2012, how has a warming climate impacted Lyme disease, in particular, (i) how has warming impacted tick distribution by province, (ii) how has warming impacted the distribution of Lyme disease by province; (i) what does the government project will be the effect of climate change on (i) the geographical range of ticks in 2020 and 2050, (ii) the distribution of ticks across Canada, (iii) human Lyme disease infections, (iv) the distribution of Lyme disease infections in Canada; (j) what are Health Canada’s recommended treatment guidelines for Lyme disease, and what was the process used to develop them; (k) what tests does Health Canada recommend for diagnosing cases of Lyme disease; (l) what is the percentage accuracy of the recommended tests in (k) at each stage of disease, namely, when a patient has an erythema migrans rash, when a patient is in the early disseminated stage (days to weeks post-tick bite), and when a person is in the late disseminated stage (months to years post-tick bite); (m) what tests for diagnosing Lyme disease are available and recommended in Canada during each of the stages of the disease mentionned in (l); (n) can patients be treated based solely on their symptoms or must they have had positive test results; (o) is the government aware of any organization that recommends physicians who are familiar with diagnosing and treating Lyme disease, and, if so, where can this information be accessed; (p) what percentage of patients with Lyme disease respond well to antibiotics; (q) what percentage of patients with Lyme disease experience fatigue, muscle aches, sleep disturbance, or difficulty thinking even after completing a recommended course of antibiotic treatment; (r) what research has been undertaken regarding the benefits and risks of a longer course of antibiotics; (s) what follow-up has Health Canada undertaken to ensure that patients have access to a longer course of antibiotic treatment if required; (t) what are Health Canada’s recommendations and treatment, if any, concerning those who suffer post-treatment Lyme disease syndrome; (u) do these individuals in (t) have access to medical means (drugs or other) to provide relief even if their symptoms are neither known nor written in a nomenclature; (v) if there is no treatment or recommendation, is research underway to help these patients in (t); (w) what resources, if any, does Health Canada provide to clinicians regarding diagnosis, treatment, and testing; (x) what resources, if any, does Health Canada provide to clinicians for continuing medical education on the topic of Lyme disease; (y) what, if any, case definition and report forms does Health Canada make available concerning Lyme disease, and when were each of these forms last updated by Health Canada; (z) what specific actions are Health Canada and the Canadian Institutes of Health Research undertaking regarding prevention of Lyme disease, including, but not limited to, (i) programs of research, (ii) programs of service, (iii) education programs for the public and healthcare providers; (aa) what resources have been provided to each initiative identified in response to (z); (bb) what, if anything, is Health Canada doing with national surveillance data regarding Lyme disease, in particular, (i) what is it doing to maintain such data, (ii) what is it doing to analyze such data, (iii) what resources has it allocated to such activities; (cc) in what epidemiologic investigations on Lyme disease is the government currently involved in some capacity; (dd) what financial resources is the government providing for any such study in (cc); (ee) with regard to diagnostic and reference laboratory services studying Lyme disease, does the government have this expertise, broken down by agency and by expenditures since 2015; (ff) if the answer to (ee) is negative, does the government fund provinces or agencies, broken down by (i) agency name, (ii) expenditures since 2015, (iii) type of agency (public or private); (gg) are the provinces following Health Canada’s diagnostic recommendations, and, if they are not following them, why not; and (hh) what, if any, steps is Health Canada and the Canadian Institute for Health Research taking to develop and test strategies for the control and prevention of Lyme disease in humans?

(Return tabled)

Question No. 1979Questions Passed as Orders for ReturnsRoutine Proceedings

3:50 p.m.

Conservative

Guy Lauzon Conservative Stormont—Dundas—South Glengarry, ON

With regard to the Canada Summer Jobs program since 2013, broken down by year: (a) what are the criteria used by the government to prepare the list of non-profit organizations and public and private sector employers sent to each member of the House of Commons; (b) have these criteria changed; (c) what are the government’s priorities in selecting these employers; (d) how many jobs have been created by this program, broken down by (i) length of employment (6 weeks, between 7 and 10 weeks, between 11 and 15 weeks, and 16 weeks), (ii) type of employer, specifically sole proprietorships, incorporated organizations, community groups, chambers of commerce and public sector employers; and (e) what are the budgets and expenditures of the Canada Summer Jobs program?

(Return tabled)

Questions Passed as Orders for ReturnsRoutine Proceedings

3:50 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, furthermore, I ask that the remaining questions be allowed to stand.

Questions Passed as Orders for ReturnsRoutine Proceedings

3:50 p.m.

Liberal

The Speaker Liberal Geoff Regan

Is that agreed?

Questions Passed as Orders for ReturnsRoutine Proceedings

3:50 p.m.

Some hon. members

Agreed.

Motions for PapersRoutine Proceedings

3:50 p.m.

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, I ask that all notices of motions for the production of papers also be allowed to stand.

Motions for PapersRoutine Proceedings

3:50 p.m.

Liberal

The Speaker Liberal Geoff Regan

Is that agreed?

Motions for PapersRoutine Proceedings

3:50 p.m.

Some hon. members

Agreed.

Oil and Gas SectorRequest for Emergency DebateRoutine Proceedings

3:50 p.m.

Liberal

The Speaker Liberal Geoff Regan

The Chair has notice of a request for an emergency debate from the hon. member for Lakeland.

Oil and Gas SectorRequest for Emergency DebateRoutine Proceedings

3:50 p.m.

Conservative

Shannon Stubbs Conservative Lakeland, AB

Mr. Speaker, today I request an emergency debate on the Canadian energy crisis, which is a national emergency. It impacts all of Canada and disproportionately hurts Alberta.

The oil and gas sector has already lost more than 100,000 jobs and over $100 billion since 2015. That is eight times the GDP and more jobs than the entire aerospace sector, or almost as many jobs as the entire auto sector, which would rightfully be a national emergency for any other federal government and all MPs.

The ongoing and widening price differential for Canadian oil is threatening to add an estimated 20,000 new job losses starting in January 2019. Major producers with decades of history in Alberta are cancelling expansions and curtailing production and are at risk of going bankrupt. ATB Financial predicts that this crisis could cause a recession in Canada, and the Bank of Canada already estimates no new energy investment in Canada after 2019.

As you said in your recent decision to grant an emergency debate on the closure of the GM plant in Oshawa, economic events that cost thousands of jobs deserve an emergency debate. This crisis in the energy sector is such an emergency. It has already put more than 120,000 Albertans out of work, and it is causing job losses across Canada, with no end in sight.

Why is this an emergency today? Over the past decade, Western Canadian Select has sold for an average of $17 U.S. less per barrel than West Texas Intermediate. This month, the differential hit a record of around $50 U.S., close to where it remains today, wreaking havoc on the industry, and by extension, on the entire Canadian economy. Every day, $50 million to $100 million is lost in Canada because of this differential. Even the Prime Minister said last Thursday, “This is very much a crisis.” However, it is a direct result of federal government policies, and it is within the federal government's power to fix it.

The Liberals' cancellation of the northern gateway pipeline, which would have exported to the Asia-Pacific, and the Liberals' killing of the energy east pipeline proposal, which would have secured Canadian energy independence and exports to Europe, have disadvantaged Canada, especially with regard to the U.S., which continues to be not only Canada's number one energy customer but also, right now, Canada's number one energy competitor. Of course, the Trans Mountain expansion remains stalled indefinitely because of the Liberals' failure, with no start of construction estimated for even next year and not a single shovel in the ground at the start of this year, as the Liberals promised.

This lack of pipeline capacity and the landlocking of Canadian oil because of federal government policies that have stopped new export pipelines are direct causes of the price discount.

The private sector and the provinces warn that the Liberals' “no more pipelines” bill, Bill C-69, will stop all new pipeline proposals in the future in Canada. That should be a concern for every single member of this House of Commons, given that the energy sector is the number one private sector investor in Canada, that energy is Canada's second-biggest export and that Canada is home to the third-largest reserves in the world and the fourth-biggest exporter of Canadian energy, with a track record of responsible energy development literally second to none on this planet.

This emergency in the Canadian energy sector and the catastrophic job losses not only in Alberta but rippling through all sectors across all provinces is a national emergency. The Prime Minister has said it is so. Therefore, I would submit to you that an emergency debate is needed to get the answers Canadians deserve and demand.

Speaker's RulingRequest for Emergency DebateRoutine Proceedings

3:55 p.m.

Liberal

The Speaker Liberal Geoff Regan

I thank the hon. member for Lakeland for her intervention and I am prepared to grant her request for an emergency debate to be held later this evening.

Criminal CodeGovernment Orders

3:55 p.m.

Criminal CodeGovernment Orders

3:55 p.m.

Arif Virani Parliamentary Secretary to the Minister of Justice and Attorney General of Canada, Lib.

Mr. Speaker, it is with great pleasure that I rise today to speak on behalf of the Minister of Justice and Attorney General of Canada to Bill C-75, an act to amend the Criminal Code, the Youth Criminal Justice Act and other acts and to make consequential amendments thereto.

This legislation represents a key milestone on our government's commitment to modernizing the criminal justice system, reducing delays and ensuring the safety of all Canadians. Delays in the criminal justice system affect public safety, undermine public confidence in the administration of justice, adversely impact the rights of accused persons and fails to provide Canadians good value for money.

When proceedings are stayed due to delays, the criminal justice system itself fails. Perpetrators are not held responsible for their actions, the innocent are not given the opportunity to truly clear their name and victims suffer.

Uses of delay in the criminal justice is not a new one. In the early 1990s, tens of thousands of cases were stayed due to delay following the Supreme Court of Canada's historic decision in the Crown and Askov.

As we know, the Supreme Court's subsequent decisions in Jordan and Cody set out a new legal framework for assessing delays. That framework included a transition period in assessing the cases for which charges had been laid prior to the release of the decision.

Given that this period will come to an end next summer, we have no time to lose. We must do everything we can to improve the efficiency of our criminal justice system.

Fortunately, we have many helpful studies and reports including the in-depth study of the Standing Committee on Legal and Constitutional Affairs. Its July 2017 report is entitled “Delaying Justice is Denying Justice”. After hearing from a sum total of 138 witnesses, the standing committee concluded that the causes of delays were wide and varied. It issued a call to the legal community, including judges and federal-provincial-territorial ministers of justice and attorneys general to “take decisive and immediate steps to address the causes of delays and to modernize our justice system.” It also called in the Minister of Justice to show leadership “in taking the necessary reformative action”.

I know the minister feels extremely privileged to have been entrusted with the responsibility to address this urgent issue, which also forms part of the mandate letter given to her by the Prime Minister. The Minister of Justice has taken several significant steps to improve the criminal justice system. In total, she has made now 240 judicial appointments and elevations to superior courts right across the country. In 2017 alone, the minister made 100 appointments, more than any other minister of justice in the last two decades. This year she is on pace to meet or exceed that number.

At the same time, the last two budgets presented by our government have allocated funding for an unprecedented number of new judicial positions, which are necessary to allow courts to respond to growing caseloads, including criminal matters. In all, our government has seen the creation of 75 new judicial positions over the past two years.

In fact, earlier this year, chief justices in Alberta and Quebec noted that for the first time in a long time, they were starting to notice positive trends in terms of delays. That is a very encouraging sign. The significant efforts made by judges, courts, governments and other actors in the justice system are paying off.

I will use the rest of the time that I have today to address our government's legislative response to criminal justice system delays.

I would like to thank the members of the Standing Committee on Justice and Human Rights for their thorough study of the bill.

The committee heard from 95 witnesses and examined a significant number of documents on a highly complex subject. There were 58 briefs submitted by various stakeholders, including representatives of police forces, Crown attorneys, defence attorneys, legal aid programs, victims' rights advocates, representatives of indigenous groups, and academics.

The discussion on the admission of routine police evidence by affidavit was particularly important, and our government was listening.

Although our intentions were commendable, we admit that our approach, as proposed, could have had unintended consequences, especially for unrepresented accused persons.

The committee gave that concern due consideration, and we accepted its amendment in that regard.

The reforms in this bill were also generally well received by all sides. There were some concerns heard regarding the provision, the proposed reverse onus, in the context of intimate partner violence due to operational issues that some had experienced with what is known as dual charging; that is where both perpetrators and victims are charged after a victim has had to use physical force to defend herself.

Supporting survivors of domestic violence and ensuring that more perpetrators are brought to justice was part of our platform in 2015, and the reverse onus provisions, which do just that, were maintained in the bill after the committee study.

We know, including most recently, from the Supreme Court of Canada decision in Antic that the problem is not the law itself but in how it has been applied. It is important to note that provinces and territories have developed policies and training in this area. We have a solid legal framework, yet a disproportionate number of indigenous and vulnerable and marginalized accused are being denied bail. Those who are being released are being required to follow too many onerous conditions, with a strong reliance on sureties in a number of jurisdictions.

The proposed new process contained in Bill C-75 talks about judicial referral hearings, which will provide an off ramp for administration of justice offences that do not actually cause harm to a victim. This proposal has been supported enthusiastically, both by residents in my riding of Parkdale—High Park and by Canadians right across the country, who are concerned about the disproportionate overrepresentation of indigenous and racialized persons in our criminal justice system.

What we have advanced is a shining example of exactly what the Supreme Court of Canada and the Senate committee report were imploring when calling for “a cultural shift among justice system participants that moves them away from complacency and towards efficiency, cooperation and fairness.”

My colleagues will also recall that Bill C-75 includes two proposals in relation to preliminary inquiries. First, the bill proposes to restrict preliminary inquiries for adults accused to offences punishable by life imprisonment, for example, murder or kidnapping. Second, it will permit the judge presiding over the preliminary inquiry to limit the issues to be explored and the number of witnesses to be heard at the preliminary inquiry.

The approach in Bill C-75 with respect to preliminary inquiries reflects the extensive consideration and consultation on various options throughout the years and the best evidence available, and ultimately proposes a balanced approach between various interests at stake. It also proposes an approach that was endorsed and supported by the provincial and territorial ministers of justice during the extensive consultations undertaken by the minister with her provincial and territorial counterparts.

One topic that was a particular focus for the committee was the reclassification of offences. Reclassification will result in amendments to many provisions in the code, both for the purposes of hybridizing existing indictable offences that carry a maximum penalty of imprisonment of 10 years or less, and to create uniform maximum penalty of imprisonment on summary conviction of two years less a day.

The reclassification amendments were supported by the minister's provincial and territorial counterparts, who felt strongly that these amendments would give prosecutors much-needed flexibility based on the gravity of cases before them.

Notably, the reclassification amendments are procedural. They change how conduct that is not deserving of an indictable sentence range can be treated. It is already a well-known feature of our criminal justice system that prosecutors assess the facts of the case and the circumstances of the offender to determine which type of sentence to seek from the court.

Importantly, nothing in the bill proposes to lower the sentences that would be awarded under the law. These reforms would not change the fundamental principles of sentencing. We value the variety of perspectives and knowledge that the many witnesses contributed to the Standing Committee on Justice's study.

Bill C-75's proposed reclassification of indictable offences, punishable by maximum of 10 years imprisonment or less, does not treat these offences any less seriously for sentencing purposes.

Nonetheless, this is an important point. The justice committee heard compelling testimony from witnesses on the terrorism and advocating genocide offences. Our government recognizes that these are crimes against the state, against society at large for the purpose of advancing a political objective, in the case of terrorism. In the case of advocating genocide, these are crimes not just against society at large but crimes against humanity.

I say that with some experience in the area, as a former prosecutor at the UN war crimes tribunal for Rwanda. I know first-hand that there is no more reprehensible crime known to law then genocide, which is advocating for the destruction, in whole or in part, of a national, ethnic, racial, or religious group.

The standing committee unanimously recommended that these offences be carved out of the reclassification approach in Bill C-75. We thank the committee for its diligent work in this area, and agree wholeheartedly with this amendment.

On that note, we moved consequential government amendments to remedy an unintended error from one of these committee amendments in order to reflect the committee's objective of removing these offences from the list of those that were being reclassified.

We also welcomed the committee's amendments to section 802.1 of the Criminal Code to allow the provinces and territories to set criteria permitting agents, that is non-lawyers, such as law students, articling students and paralegals, to appear on summary conviction offences punishable by more than six months imprisonment and to allow agents to appear on any summary conviction offence for the purpose of an adjournment.

One of the unintended consequences of the proposal to reclassify offences in the Criminal Code is that agents would not have been able to appear for individuals on most summary conviction offences unless authorized by the provinces and territories. The justice committee helpfully amended section 802.1 of the Criminal Code to enable provinces and territories to establish criteria for agent representation on summary conviction offences with a maximum penalty of greater than six months imprisonment in addition to the current authority to create programs for this purpose as well as to allow agents to appear on any summary conviction offences for adjournments.

This amendment would address concerns over access to justice issues. It would maintain jurisdictional flexibility while also recognizing regional diversity in how legal representation is regulated across Canada.

On this point, I would underscore that access to justice informs not only the core aspect of the bill, but in all of the efforts we are undertaking at the justice ministry and the efforts made by the minister. The minister has brought this issue to the attention of her provincial and territorial counterparts so they will take the requisite prompt legislative action to set the necessary criteria for this important matter relating to access to justice.

I would also like to talk about the jury reforms proposed in Bill C-75. These changes will make major improvements to our jury selection process by abolishing peremptory challenges for Crown and defence attorneys, allowing judges to direct that a juror stand by for reasons of maintaining public confidence in the administration of justice, modernizing challenges for cause, empowering judges to decide challenges for cause, and allowing trials to continue with the consent of the parties in the event that the number of jurors is reduced below 10, in order to avoid mistrials.

The under-representation of indigenous peoples and visible minorities on juries is a major concern. This problem has been well-documented for years. We believe that eliminating peremptory challenges will significantly improve the diversity of juries.

Peremptory challenges give both the accused and the Crown the power to exclude potential jurors without having to provide a reason. They have no place in our courtrooms, given the potential for abuse. Once this bill has passed, Canada will join countries like England, Scotland and Northern Ireland, which abolished peremptory challenges in 1988.

We must remember that provincial and territorial laws and processes play an important role in determining candidates for jury duty and the methods used to compile jury lists.

The federal government is just one piece of the puzzle. However, I am pleased to see that federal, provincial and territorial government representatives are working together on a wide range of jury-related issues in order to make further recommendations on how to improve Canada's jury system. I believe that the questions raised during the committee's study of Bill C-75 will help with these deliberations.

I was also pleased to see that the committee was generally in favour of the more technical proposals aimed at reducing delays and improving efficiency in our system, in particular with respect to removing the requirement for judicial endorsement for the execution of out-of-province warrants, clarifying the signing authority of clerks of the court, and facilitating remote appearances.

As well, I wish to highlight the committee's unanimous support of the repeal of section 159 of the Criminal code, a proposal that has been well received in the LGBTQ community, as well as the proposed amendment to repeal the vagrancy and bawdy house offences, which have been historically and improperly used to target consensual adult sexual activity. These amendments continue our government's important work to address discrimination against LGBTQ2 Canadians.

Importantly the committee also supported Bill C-75's proposal to repeal the abortion offences that the Supreme Court of Canada struck down as unconstitutional in the Morgentaler decision in 1988. Our government will always protect a woman's reproductive rights and her right to choose what to do with her own body.

As I have already stated, Bill C-75 proposes comprehensive reforms that will help to ensure that an accused person's right to be tried within a reasonable time is respected and that all justice system participants, including victims and witnesses, do not face delays.

At the same time, we are deeply conscious of the need and have heard the call for sentencing reform, including mandatory minimum penalties. The minister remains committed to advancing change.

The courts have made it clear that many mandatory minimum penalties present serious challenges from a constitutional perspective. The minister has been clear that her view is that judges should be provided the necessary discretion to impose sentences appropriate to the offender before them.

That said, we need to ensure we put in place sentencing reform that will stand the test of time. Mandatory minimum penalties are being litigated quite extensively. There are cases in which the Supreme Court has upheld the mandatory minimum penalty and there are cases in which the court has not.

We want to ensure we have taken all steps and done our due diligence as we continue to work on sentencing reform so the changes we make will stand the test of time.

The bold reforms proposed in the legislation have been the subject of extensive discussions, consultations and collaboration with the minister's provincial and territorial colleagues. Our commitment to prioritize key legislative reforms that we felt cumulatively would have the biggest impact in reducing delays in the criminal justice system remains strong.

This discussion and the consultations have included extensive debate within this very chamber itself. The House has debated Bill C-75 for a total of 14 hours and 45 minutes thus far. Ninety-five witnesses in the course of 27 hours were heard by the Standing Committee on Justice and Human Rights during extended sitting hours. A total of 28 members of the opposition benches from multiple parties have spoken out on the bill.

Further to that, we have listened to the standing committee's recommendations and to key stakeholders who have committed to address the issues of delays in the criminal justice system. Bill C-75, as amended, is a result of this commitment and reflects the beginning of a culture change that the Supreme Court was calling for in its Jordan and its Cody decisions. I therefore urge all members to support this important legislation.

Criminal CodeGovernment Orders

4:15 p.m.

Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Madam Speaker, I want to ask the parliamentary secretary about judicial referral hearings. At justice committee, a concern was raised about the fact that with the judicial referral hearings, a breach of an administrative offence, a breach of an order or bail condition, that this breach would not then be entered into the CPIC system.

In my riding of St. Albert—Edmonton, we saw the consequences of not having that information brought before a justice of the peace when Constable Wynn was shot and killed by someone who had an extensive criminal record, including 38 outstanding charges for failing to appear. Now, with Bill C-75, there is no guarantee that the totality of someone's record will even be entered into the CPIC system. What is the government doing to address that?

Criminal CodeGovernment Orders

4:15 p.m.

Parliamentary Secretary to the Minister of Justice and Attorney General of Canada, Lib.

Arif Virani

Madam Speaker, I thank the opposition critic for his contribution in today's debate, but also extensively at the justice committee. I also want to highlight the tragedy that occurred with respect to Constable Wynn. I know it affected the member's community in particular. The member has been vocal about it, as he should be in advocating for his constituents here in this chamber.

With respect to the administration of justice offences, the concept of a judicial referral hearing was well-thought-out and well planned. It was meant to address a specific problem in the system, which is the overrepresentation of marginalized communities within the criminal justice system. I am speaking about indigenous persons, racialized persons, marginalized persons, people suffering under addictions, etc. What we have found is those persons have been suffering and overly criminalized within the system because of breaches of what we call administration of justice offences. Therefore, a breach of a bail condition or a breach of a curfew results in a further criminal charge and a further criminal record, perpetuating the cycle of criminalization of these individuals.

It was in an effort to reduce that cycle, and to move such people from the system and address the court delays that the member opposite has discussed extensively in this House, that we made the amendments. The amendments are there for a purpose. We are confident that we are on the right path to addressing that overrepresentation problem by amending this legislation in that manner.

Criminal CodeGovernment Orders

4:20 p.m.

NDP

Gord Johns NDP Courtenay—Alberni, BC

Madam Speaker, I have a lot of respect for the Parliamentary Secretary to the Minister of Justice. We know that at committee many witnesses came forward and testified that mandatory minimums in fact contributed to the backlog. I know that the parliamentary secretary discussed this in his speech. If he knows that this is a problem and it is helping contribute to the backlog in our court system, here is a 302-page bill. The Liberals have had an opportunity to fix it right here today.

Maybe the member can explain to this House why the Liberals have not amended and fixed this problem right now, when we have heard at committee, in testimony from witnesses, that this is something that needs to be fixed, that mandatory minimums actually doubled under the previous Harper government, and that is contributing to the backlog in our court system.