Madam Speaker, I am pleased to participate in the 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 would like to begin today by acknowledging the contributions of all members of the House, particularly the members of the committee, for their hard work, engagement and debate on Bill C-75. It is clear that members of all parties learned a great deal from the testimony that was heard, and the country as a whole benefited from the committee's in-depth consideration of this transformative bill.
The committee heard from roughly 95 groups and individuals covering a broad range of issues, in addition to reviewing 58 briefs. I would like to take a moment to share some of the different perspectives that members heard and read on Bill C-75 in relation to its potential impacts on indigenous peoples and persons from vulnerable populations.
The committee heard significant praise of Bill C-75's proposal to codify a principle of restraint that would guide police and courts in making bail decisions. The principle dictates that police and courts would be required to give primary consideration to releasing an accused at the earliest opportunity and apply the least onerous conditions that are appropriate in the circumstances. Police and courts would be required to ask if the conditions are responsibly practical for the accused to comply with and necessary for public safety to ensure the accused's attendance in court. The proposed principle of restraint aims to remove unnecessary strain on the criminal justice system and reflects the principles set out by the Supreme Court of Canada.
The Canadian Civil Liberties Association, the Canadian Bar Association, the Society of United Professionals, the Canadian Alliance for Sex Work Law Reform, Aboriginal Legal Services and the Ontario Federation of Indigenous Friendship Centres are just some of the witness groups that came forward and expressed support for these measures. The sheer diversity of support that this proposal has received speaks volumes about the significance of these reforms, which are long overdue. The Ontario Federation of Indigenous Friendship Centres in particular noted that the principle of restraint would benefit indigenous persons who often have to travel away from their communities to get to court, far from their family and social support systems.
Bill C-75's proposal to codify the principle of restraint further requires police and courts to give particular attention to the circumstances of indigenous and vulnerable accused, who are overrepresented in the criminal justice system and disadvantaged in seeking bail. According to 2016-17 data from Statistics Canada, the proportion of indigenous adults admitted into a provincial or territorial correctional institution is roughly seven times higher than the rest of the Canadian population, and this figure has been steadily increasing since 2007. For indigenous women in federal correctional institutions, the proportion is eight times higher than for non-indigenous women. In 2012, Statistics Canada reported that individuals suffering from mental health disorders were four times more likely than those without a disorder to report being arrested by the police.
Moreover, indigenous people and vulnerable persons tend to be disproportionately impacted by onerous and unnecessary bail conditions, more likely to be charged with breaching minor conditions, and more likely to be caught in the revolving door of the criminal justice system. These facts are indicative of a systemic problem in need of comprehensive reform.
While some witnesses, such as Professor Marie-Eve Sylvestre from the University of Ottawa, suggested that the law should define vulnerable persons, we are confident that the current, broad approach will allow for its meaning to evolve over time by being interpreted on a case-by-case basis, and avoid excluding certain groups. I would also note that the existing provision gives direction in terms of which types of vulnerability are relevant, by specifically targeting groups that are overrepresented in the criminal justice system and disadvantaged in obtaining bail.
The proposals relating to administration of justice offences also received broad support from witnesses during the committee's review of Bill C-75. These proposals would involve an alternative process called a judicial referral hearing, which is essentially an off-ramp for minor breaches that do not involve harm to a victim or witness. These breaches would not result in criminal charges, but would instead be referred to a bail court so that a judge can review and reassess the bail status and conditions of the accused.
The committee heard moving testimony from Dr. Rebecca Bromwich from Carleton University. She reminded us of the tragic case of Ashley Smith, who was just a teenager when she died on suicide watch at Grand Valley Prison in 2007. According to Dr. Bromwich, Ashley was in custody as a youth and had over 150 convictions for administration of justice offences, many of which did not involve harm to the public and would not have been offences had she not previously been involved with the criminal justice system. This is precisely the type of situation that the administration of justice reforms proposed in Bill C-75 seek to address.
The judicial referral hearing is a new tool that police and courts may use, in addition to the principle of restraint, to streamline minor breaches out of the court system and free up resources for more serious cases. This proposal drew strong support from organizations such as the Ontario Federation of Indigenous Friendship Centres, Legal Aid Ontario, Aboriginal Legal Services and the Canadian Bar Association, as well as academics and private practitioners.
Last, I would like to speak to a proposal that did not get as much attention, but which some organizations and individuals acknowledged would have a positive impact for indigenous people and persons from vulnerable groups. Specifically, Bill C-75 would amend the plea provisions of the Criminal Code to require that courts be satisfied that the facts support the charge as a precondition for accepting a guilty plea. Legal Aid Ontario noted that the new process for guilty pleas would help to streamline these pleas and reduce subsequent challenges on appeal, thus contributing to reducing delays. I am confident that this proposal would provide an important mechanism for ensuring that guilty pleas are not used to further marginalize already vulnerable accused.
I believe the committee's review of this bill and the vast testimony heard strengthen an already robust piece of legislation and clarify how it responds to systemic issues. I am proud to say that we now have an even more comprehensive bill aimed at reducing delays.
I strongly support this bill. I believe it will make the criminal justice system a more efficient and effective tool for all Canadians, including indigenous people, persons from vulnerable populations, accused and victims. I urge all members of the House to support this bill.