House of Commons Hansard #308 of the 42nd Parliament, 1st Session. (The original version is on Parliament's site.) The word of the day was budget.

Topics

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10:25 p.m.

Liberal

Gagan Sikand Liberal Mississauga—Streetsville, ON

Mr. Speaker, my hon. colleague brings up a very good point, because ultimately, what we want to do is have true justice. If we truly want to have justice, we have to take into account many things. The example that was brought up does not take into account the victim's age or circumstance. When we take into account different things that in our country affect those who are marginalized, we are doing a better job of serving the public good and administering justice.

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10:25 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, it is a rare opportunity that I get to follow up with a question for the hon. member for Mississauga—Streetsville.

I understand that the benefit of going to trial faster is that it may make things easier on victims of crime. I care deeply about victims of crime and wish the previous government had followed all the recommendations of the ombudsman for victims of crime. However, there is nothing more important in the criminal justice system than the presumption of innocence and the right of the accused to a fair trial. If we eliminate preliminary inquiries, and innocent people go to jail, is that not a factor that should weigh in the consideration of the benefits of eliminating preliminary inquiries?

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10:25 p.m.

Liberal

Gagan Sikand Liberal Mississauga—Streetsville, ON

Mr. Speaker, I applaud my colleague's concern, because ultimately, we are trying to do the same thing, and that is administer a good justice system. The person being accused is still entitled to a trial. We are just following up on consultations with stakeholders, with what judges have said and what legal experts have said, to make that very administration of justice more effective and more efficient.

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10:25 p.m.

Liberal

Sukh Dhaliwal Liberal Surrey—Newton, BC

Mr. Speaker, I first want to thank the hon. member for Mississauga—Streetsville for sharing his time with me and for his eloquent speech, particularly on the topic of intimate partner violence, which is a reality in the part of the country I come from. He covered it very well.

I am very proud to rise today to speak on Bill C-75. This legislation builds on our commitment to build safer and stronger neighbourhoods by making necessary investments in our police forces, reforming our criminal justice system, and supporting victims of addiction. As the member of Parliament for Surrey—Newton, I have listened to the priorities of my constituents about being tough on guns and gangs and making sure those deserving of full weight of the justice system receive it, and those needing our support and assistance receive it as well.

We have taken many great steps to accomplish this. For instance, in budget 2018, we announced over $300 million to be spent in the next five years and $100 million per year after that to support the RCMP, the CBSA, and other public safety agencies in cracking down on illegal trafficking of guns and drugs. We have invested over $180 million to help the RCMP recruit and train more cadets that it can continue to keep our growing cities safe. We have also taken action to support victims of substance abuse with the development of supervised injection sites across Canada, a model that began in Vancouver and that shows that with a compassionate and pragmatic approach, we can make a real difference in people's lives and keep our streets safe.

With this bill, we recognize that action must be taken to ensure that our court system moves quickly to hold offenders to account and to protect victims. In the past decade, Canada's court system has been burdened with administrative offences, as well as longer and more complex cases. These delays were cited by the Supreme Court as unacceptable and, therefore, it has established strict timelines that cases have to adhere to or risk being stayed. This is unacceptable to victims, and that is why our government, the Prime Minister, and the minister responsible have brought this bill forward.

This bill would make several key changes to the culture in our court system, beginning with limiting the use of of preliminary inquiries to more serious offences to ensure that criminal cases can proceed more quickly to trial; strengthening our response to intimate partner violence; streamlining the bail process to ensure swift access to justice; providing judges with the more robust tools they need to manage the cases before them; improving the jury selection process to ensure that juries are more representative of the Canadian population; providing more discretion on administration of justice offences; and reclassifying offences to allow courts to deal more efficiently with less serious matters, freeing up limited resources for more serious offences.

I want to touch on some of the key reforms in this bill, beginning with the changes to the administration of justice offences. These are acts such as failing to comply with bail conditions or failing to appear in court. These offences are unrelated to public safety, but, nevertheless, burden individuals with unnecessary and significant delays.

Nearly 40% of all adult cases involve at least one of these administrative charges. Therefore, this bill proposes a new approach. Police would retain the option to lay a new charge for the breach or failure to appear where appropriate. However, if the offence did not involve physical or emotional harm to a victim, property damage, or economic loss, the police would have an additional option of referring the accused to a judicial referral hearing.

We are also making changes to protect victims of domestic violence by ensuring that more offenders are brought to justice. Bill C-75 proposes a higher sentencing range for repeat offences involving intimate partner violence. It would broaden the definition of “intimate partner” to include dating partners and former partners, and clearly specifies that evidence of intimate partner abuse is an aggravating factor for sentencing purposes.

The last area of reform I want to speak about is selection. The defining value of our country is our respect for equality and commitment to promoting multiculturalism, but we continually need to do more to make sure that this value remains in place, and one of those areas that has long gone unchanged is our justice system.

It is a fact that we have lower levels of representation of indigenous and minority communities in juries, and that needs to change to ensure the integrity of the justice system. That is why we are bringing in this reform. Abolishing challenges and reinforcing the power of judges to “stand aside” certain jurors in order to increase diversity and giving judges the power to decide challenges for cause will bring more fairness and transparency to the system and encourage juries that are more representative of our communities.

In closing, there are few things more important than making sure that our neighbourhoods are safe for families and our children. Whether it is making sure that we have more police officers on the ground, laws that target guns on our streets, or supporting victims of addiction, we need to keep finding new solutions for the safety of our nation. I believe this bill does that.

With a court system that is more efficient, transparent, and fair, we will uphold its integrity, hold offenders to account, and protect victims. For these reasons, I look forward to seeing all members support this bill.

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10:35 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, the bill is very disappointing for those of us on the opposition benches who sat through the 41st Parliament. We saw a radical overhaul of the criminal justice system by the previous government in ways that undermined our criminal justice system, overloaded our jails, and passed the cost on to the provinces, and here I speak of the mandatory minimums.

Mandatory minimums were added to many things. I opposed them at the time, and I really did expect that the current Minister of Justice would take on this issue of mandatory minimums head-on. Now we have Bill C-75, which is fairly voluminous, but it ignores this substantial issue that is crying out for reform.

I wonder if my hon. colleague has any idea why we do not see the removal of the mandatory minimum sentences that are sprinkled throughout our criminal system. Many of them have now been struck down by the Supreme Court. Surely we should be acting to remove them.

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10:35 p.m.

Liberal

Sukh Dhaliwal Liberal Surrey—Newton, BC

Madam Speaker, when the leader of the Green Party was talking about the previous Harper Conservative government, I remembered that their focus was on building jails. On the other hand, when we look at our government, it is using a balanced approach. On one side we want to make sure that we have a justice system that deals with criminals, but on the other hand we want to make sure that we have the programs in place that can rehabilitate offenders, that can educate, and that we have enough police forces on the ground to deal with this situation.

When it comes to minimum mandatory sentencing, I believe there should be strong sentences. Victims deserve that justice. In fact, this is the bill that helps those victims get justice by bringing it—

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10:35 p.m.

NDP

The Assistant Deputy Speaker NDP Carol Hughes

Unfortunately, I do have to allow for other questions.

Questions and comments, the hon. member for St. Albert—Edmonton.

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10:35 p.m.

Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Madam Speaker, I want to ask the member for Surrey—Newton about the matter of delay, because the hybridization of offences is purported to be related to the need to deal with the backlog in Canada's courts and the Jordan decision. In Jordan, the Supreme Court determined that delay is deemed presumptively unreasonable between the laying of charges and the conclusion of trial for matters before a superior court after 30 months, versus 18 months before matters before provincial court.

How does the hybridization of offences deal with the backlog in Canada's courts? What it will ultimately do is reduce the time by nearly in half, backlogging cases onto the provinces and provincial courts, which in my estimation will result in more cases being thrown out, rather than fewer.

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10:40 p.m.

Liberal

Sukh Dhaliwal Liberal Surrey—Newton, BC

Madam Speaker, when it comes to the hon. member's question about hybridization, we are putting this system in place to speed up the justice system. The crown has a tendency of picking up the more serious cases, and to pick up the stream. It has to have a triage system. That is how this will become a faster system. Instead, the more serious crimes are waiting in line and are taking longer.

This is what the Supreme Court wants and it is why we are bringing in this system. This system will be more efficient and bring justice to the victims.

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10:40 p.m.

Liberal

Anthony Housefather Liberal Mount Royal, QC

Madam Speaker, I will share my time with the hon. member for Ottawa South.

One of the joys of being the chairman of the Standing Committee on Justice and Human Rights is the collegial way that we work together, which is the way we should work together when it comes to the justice system, because whether we are Liberals, Conservatives, New Democrats, or Green, we all want the same things: We want a system that moves quickly; we want a system under which the accused has the right to a fair trial and is presumed innocent; we want a system that protects the rights of victims and treats victims with respect; and we want a system that ensures that we are not soft on crime but that allows for rehabilitation of an offender.

These are all elements that we need to consider as we deal with Bill C-75, a very important bill that deals with not only the Jordan decision but a number of elements that need to be enhanced and improved within the justice system.

I want to talk about some of the elements of the bill, ones that we will need to study at the justice committee. I will start with the issue of preliminary inquiries.

Parliament was invited to look at the issue of preliminary inquiries by the Supreme Court in the Jordan case itself. Due to the vast disclosure requirements now required in preliminary inquiries, the court mentioned in Regina v. Jordan that Parliament may wish to revisit the issue of preliminary inquiries, and the bill would do away with preliminary inquiries for all those offences that do not carry life sentences.

In general, I do agree with the proposal to drastically reduce the number of preliminary inquiries. It is clear that there is no constitutional right to a preliminary inquiry. That does not mean, of course, that we do not need to consider arguments that may be made by defence counsel and those there to defend the rights of the accused, so one of the issues the justice committee will need to study is whether the list of offences for which there could be a preliminary inquiry should be expanded or should be left as it is in the bill.

Another issue that we will need to study is the issue of hybrid offences. I have heard the arguments made by my colleague from St. Albert—Edmonton on hybrid offences and on the possibility that sending offences to a provincial court with a shorter time frame under Jordan will clog up the justice system even more. I do not think it will. Doing away with certain administrative offences and reducing the volume for the court in that sense will not be problematic, but I hear that argument, and we will have to look at the list of offences that are now only indictable but that would become available for summary conviction as well, and we will need to determine whether any offences that are currently on the list to be hybridized should not be hybridized.

One of the issues that is very important for all Canadians is the over-incarceration of certain populations in this country. My colleague from Victoria, the NDP justice critic, today raised at our committee the fact that 25% of jailed people in Canada are indigenous, and among women in prison it is 33%. Since this community makes up approximately 5% of Canada's population, this is a shocking situation and it needs to be fixed. As for the other vulnerable populations that are overrepresented in the prison population, we need to diagnose why that is.

The hon. member for Saanich—Gulf Islands raised the issue of mandatory minimums. That is certainly an issue that we will need to look at in depth at some point in time, because clearly mandatory minimums are one of the reasons for overrepresentation. Another reason, though, that I do believe is dealt with by the bill in a way that I totally support is the issue of creating a new judicial referral hearing that allows people who miss a condition not to automatically be charged and sent before a court, which creates a vicious cycle in which people who, for example, miss a hearing because they do not have transportation to get to the bail hearing are then incarcerated again because they have breached a condition, and it happens over and over. I totally approve of the issue of modernizing and streamlining the bail system and legislating a principle of restraint.

Another issue we need to look at is reverse onus. I do support the presumption that those people who have already been convicted of intimate-partner violence should have a more difficult time making bail. However, I understand that there are charter issues to be raised in terms of any reverse onus of proof that we create, and that is another item that our justice committee will have to study when this bill comes before us after second reading and a vote by Parliament.

Another issue I want to talk about is amending the Youth Criminal Justice Act to reduce the rates at which youth are charged for administration of justice offences.

One of the things that has worked really well in Canada since the Young Offenders Act was revised in the early 2000s is the fact that we have drastically reduced the number of youth incarcerated in Canada. This is something we need to look at, not only for young offenders but for all offenders. We need to find a way to keep people out of the vicious cycle of prisons. We need to find a way to make sure people can stay in their communities and be rehabilitated, as much as possible.

While I have a minute, I also want to turn my attention to the sections that will be repealed in the Criminal Code.

Section 230 of the Criminal Code, which was originally dealt with in Bill C-39, is now present in Bill C-75. This is a very unfortunate section that the courts have struck down, and in the case of the McCanns, which my hon. colleague, the member for St. Albert—Edmonton, has raised on multiple occasions, the judge erroneously referenced this section, causing even more pain for the family. One of the items that we need to make sure of is that those provisions of the Criminal Code that are struck down by our courts are repealed from the Criminal Code so that nobody else could ever make that type of mistake.

I also want to draw attention to section 159 of the Criminal Code, which desperately needs to be removed. The stigmatization of the gay community through section 159, the distinction between anal sex and other types of sex, and the stigmatization of gay men by a different age of consent is totally unacceptable, totally out of date, and needs to be repealed.

One of the things that I am very proud of is that the government, in bringing forward Bill C-75, has talked to all of its provincial counterparts, has held round tables throughout the country, and has not come back with its own ideas but has come back with lots of good principles that were worked on by multiple parties.

Now it is up to us as a Parliament to further enhance the bill, and for the committee to do its good work in terms of carefully looking at each of the provisions. I am very gratified that my colleagues in the other parties have agreed that we will sit extra hours when needed to deal with these provisions and to hear all the witnesses. I want to encourage those witnesses across Canada who have comments on Bill C-75 to come forward, send their briefs to committee, and ask to appear before our committee should they have a reason to do so. The more people we hear from on these important issues, the better the law will be. The goal for all of us is to get this bill as right as possible.

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10:45 p.m.

NDP

Wayne Stetski NDP Kootenay—Columbia, BC

Madam Speaker, I have a question, and I really do not know whether you will have an answer or not.

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10:45 p.m.

NDP

The Assistant Deputy Speaker NDP Carol Hughes

I remind the member to address the Chair and not the individual member.

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10:45 p.m.

NDP

Wayne Stetski NDP Kootenay—Columbia, BC

I will do it sideways. As a question for you, I was in court with a constituent recently—

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10:45 p.m.

Some hon. members

It is question for the member.

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10:45 p.m.

NDP

Wayne Stetski NDP Kootenay—Columbia, BC

The question is for the member, absolutely.

I was in a court with a constituent recently, and the woman ahead of us was standing before the judge. She was charged with two counts of shoplifting. The judge said to her, “I haven't seen you for a while. You've lost a lot of weight.” She said, “Yes, Your Honour, I've lost about 80 pounds. I'm starving. I'm trying to live on disability of about $900 a month.”

She had shoplifted in a food store in Cranbrook and she had shoplifted some clothing from a Walmart store. The judge said, “I understand your taking the food, but I don't understand why you stole the clothes.” She said, “My other clothes wouldn't fit, Your Honour. I lost 80 pounds.” The judge looked at her and said, “I don't know what to do with you.”

Could the member tell us if there is anything in this legislation that would help the judge decide what to do in situations like that?

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10:50 p.m.

Liberal

Anthony Housefather Liberal Mount Royal, QC

Madam Speaker, I would like to thank the hon. member for the compassion that he showed to that woman. Clearly it is a woman who desperately needs help.

Under this bill, that would be an offence that would go for summary conviction. The judge has discretion today already as to what to do with respect to that type of an offence, when she is charged with a summary offence. She could theoretically be fined and not be put in prison at all.

However, this bill, in certain circumstances, would give greater latitude to not charge somebody, but I do not think it would apply in the case of shoplifting.

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10:50 p.m.

Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Madam Speaker, I was astounded this afternoon when the Minister of Justice said with respect to sentencing that the hybridization of offences was a matter of determining what a prosecutor determined was appropriate in the circumstances.

Could the hon. member for Mount Royal, who is a great chair of our justice committee, comment on when he thinks it is appropriate that offences such as kidnapping a minor, promoting genocide, or promoting and participating in a terrorist organization would result appropriately in a sentence of a mere fine or a maximum sentence of two years less a day, compared to the maximum sentence of 10 years currently provided for under the Criminal Code as an indictable offence?

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10:50 p.m.

Liberal

Anthony Housefather Liberal Mount Royal, QC

Madam Speaker, the distinction here would be, theoretically, that if a prosecutor chooses to charge somebody under a summary offence as opposed to an indictable one, the maximum sentence that could be levied by a judge would be far less. First of all, we would need to look at the decision of the prosecutor in that case. We would have to hope that the prosecutor would make the right decision based on the circumstances. The judge would then also have to do the same.

One of the things we will need to look at in committee is whether there are any sentences currently on the list to be hybridized that would shock the conscience of Canadians were they to be hybridized and no longer have that longer potential penalty, and to remove the discretion of a prosecutor to suggest a lower sentence. As my hon. colleague knows, I would note that in either case a judge could choose to give no sentence at all, even under an indictable offence.

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10:50 p.m.

Liberal

Bardish Chagger Liberal Waterloo, ON

Madam Speaker, I rise on a point of order.

In regard to the notice I provided earlier in this place, I would like to clarify that it was concerning the proceedings at the the report stage, and the second and third reading stages of Bill C-59, An Act respecting national security matters.

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10:50 p.m.

NDP

The Assistant Deputy Speaker NDP Carol Hughes

I certainly appreciate the clarification.

Resuming debate, the hon. member for Ottawa South.

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10:50 p.m.

Liberal

David McGuinty Liberal Ottawa South, ON

Madam Speaker, I am pleased to stand this evening to speak to Bill C-75, which would amend the Criminal Code, the Youth Criminal Justice Act and other acts to address delays in the criminal justice system and increase criminal justice system efficiencies.

Delays in the criminal justice system significantly impact all of those involved. Under the Charter of Rights and Freedoms, accused persons have the right to be tried within a reasonable time. Should an accused not be tried in a reasonable time, it could result in a stay of proceedings in accordance with new timelines imposed by the Supreme Court in 2017 in its landmark Jordan decision.

Stays of proceedings due to delays undermine public confidence in the criminal justice system. These stays are unacceptable and as parliamentarians, we must step up to address this problem, which is why we have introduced Bill C-75.

The challenge of delays is particularly acute for indigenous persons and individuals from vulnerable populations, such as those suffering from mental health or addiction issues, who are overrepresented in the criminal justice system.

While the volume and severity of crime have decreased over the years, criminal court cases are becoming more complex and trials are taking longer to complete. Data from Statistics Canada shows that the median case completion time in adult courts has increased from 120 days in 2010-11 to 127 days in 2015-16, a full week.

Another important challenge is the number of individuals in provincial detention facilities awaiting trial, which currently exceeds the number of individuals found guilty of criminal offences in serving their sentence.

Statistics Canada recently reported that the remand population had exceeded the sentence population, with adults in remand accounting for 60% of the custodial, that is federal, provincial, and territorial, population in 2015-16.

Bill C-75 includes amendments that would streamline and modernize the bail process, while maintaining public confidence in the criminal justice system. This would reduce the high population in remand, while ensuring our communities would be kept safe.

The bill would expand bail conditions that police would be able to impose on an accused, which would enable their release at an earlier stage and would reduce time spent in custody before their trial. These conditions, however, would be guided by a principle of restraint for police and prosecutors. A principle of restraint means that release at the earliest opportunity will be favoured over detention and that only reasonable and necessary bail conditions are to be imposed on the accused.

As well, Canadian criminal courts process a high number of administration of justice offences, such as breach of bail conditions and failures to appear in court. This volume of cases is bringing increased pressure on the entire system. These less serious offences often involve minor matters that do not compromise public safety or cause economic harm, for example, breach of curfew, but catch the offenders within the criminal justice system if they are charged for their breach.

Statistics Canada again reported that in 2013-14, 39% of all cases in adult criminal courts included at least one administration of justice offence. That is almost 40%. For many offenders, being unnecessarily charged and convicted of administration of justice offences is a fast track to the revolving door of the criminal justice system. This is costly in both economic and human terms and it is avoidable.

With a view to decrease the number of these charges taking up so much court time, Bill C-75 proposes to increase police and prosecutorial discretion for administration of justice offences involving both adults and our youth. The bill would give police and prosecutors a new tool called a judicial referral hearing, which serves as an alternative to a formal criminal charge.

For example, after being stopped by police after curfew, the police could decide to charge the accused with breach of conditions, or decide not to charge and do no more, or could use the new tool and refer the accused to a judicial referral hearing. However, the judicial referral hearing would only be available if the breach had not caused harm to a victim, and would take into account circumstances of the accused.

At a judicial referral hearing, a judge or justice could decide, for example, to take no action and release the accused on the same conditions, or release the accused after varying bail conditions, or, yet again, order that the accused be detained in custody. It does provide additional flexibility.

This new process seeks to reduce the high number of administration of justice offences that are clogging our system, which represent 40% of cases, while maintaining public safety.

As I mentioned, the overrepresentation of indigenous persons and individuals from vulnerable populations, such as those suffering from mental health issues or addiction issues, is a serious issue in our criminal justice, and it has been for decades.

When I began my career as a young criminal lawyer, it became clear to me very quickly the extent to which mental health and addiction problems were the lion's share of the client base in the firm at which I was practising.

In 2015-16, Statistics Canada reported that indigenous adults represented 28% of admissions to federal custody and 27% of admissions to provincial or territorial custody, while representing only 4.1% of the Canadian adult population. That represents a proportion of about seven to eight times higher than their proportion in the general population.

The overrepresentation is even more pronounced among indigenous women and youth. Similarly overrepresented are individuals suffering from mental health issues or substance abuse problems. Again, Statistics Canada reported that in 2012, of the 2.8 million Canadians aged 15 and older that reported at least one mental or substance use disorder, such as depression, anxiety, alcohol or drug abuse, or drug or alcohol dependence, one in three, which is 34%, reported coming into contact with police for at least one reason in the 12 months preceding the survey. That is an extraordinarily high number. Those Canadians who reported a mental or substance use disorder were about four times more likely than those without a disorder to report being arrested by the police.

Currently, in the bail process, the conditions imposed on the accused should be the least onerous and only what is necessary and reasonable. The principle of restraint in Bill C-75 would limit the circumstances in which conditions prohibiting the consumption of drugs or alcohol would be imposed.

This is an important measure because it will help alleviate the disproportionate impact of the criminal justice system on those living with addiction. Police or courts will impose a condition only if the condition is reasonable, considering the offence that they are alleged to have committed, if the condition is necessary to ensure the safety and security of any victim, and if the officer feels they will be able to comply with this condition.

In short, there are many other reforms in Bill C-75 that would help transform our criminal justice system. It is important for hon. members here tonight to consider the bill as a whole and not to view any component in isolation, and to remember that these questions can and must be taken to the Standing Committee on Justice to review, poke, prod, and explore probatively so as to improve the bill. These changes would ensure that the rights of both victim and accused would be protected, while maintaining public safety as a paramount principle.

Overall the bill aims to establish a criminal justice system that will best serve the Canadian public. I urge all members on all sides of the House to support the proposed legislation.

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11 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, I wonder if there is any sign from the government that the bill will receive due consideration and will not be rushed through committee. I heard the hon. member for Mount Royal say a moment ago that there was an invitation to encourage people to be witnesses.

Recently, and particularly on the omnibus bill, Bill C-69, we went through rushed hearings during which we could not hear from many witnesses and we could not debate all the amendments during clause-by-clause consideration.

I will not go through the many examples of that, but could the member assure the House that the bill will be thoroughly studied? We are at second reading. I think we can all agree that it does some good things, but it needs a lot of work. Is that possible at this point? I thank the member for any light he can shine on that process question.

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11 p.m.

Liberal

David McGuinty Liberal Ottawa South, ON

Madam Speaker, as we all know in the House, committees are masters of their own destiny. It really is a question for the membership of the justice committee as a whole to decide pace, to decide extent of consultation, and to come together in a subcommittee to approve witness lists.

I have every confidence that under the guidance of our colleague, the chair of the justice committee, this will be given a very close examination. It is part and parcel of the Minister of Justice's mandate to ensure these kinds of reforms are very thoughtful and they take into consideration all of the relevant arguments.

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11:05 p.m.

Eglinton—Lawrence Ontario

Liberal

Marco Mendicino LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Madam Speaker, I know the member for Ottawa South's contributions on this very important legislation are informed by his experience as a lawyer who worked in the criminal justice system for a number of years. Could he elaborate on the importance of addressing mental health issues throughout the criminal justice process? I know he spoke about this, but could he take a few moments to expand on the need for the courts and all role players within the justice system to quickly identify mental health as a factor to prevent ongoing recidivism and reoffence in the conveyor belt of unnecessary systemic over-incarceration when we could rehabilitate those individuals so they could be positive contributing members to society?

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11:05 p.m.

Liberal

David McGuinty Liberal Ottawa South, ON

Madam Speaker, it has been known now for perhaps a decade or more that for every dollar we spend on criminal prevention in getting to what they call now the new squeeze age of 10 to 12-years-old with homework clubs, with sports activities, dealing with mental health challenges, addictions, and substance abuse, we save $40 at the back end in the administration of justice costs, incarceration, parole, and beyond.

The question of mental health arriving in the criminal justice system has arrived with a vengeance. We know this is a fundamental part of the challenge we have now moving forward. Therefore, we need to make room to deal with the reality of mental health challenges. We need to work with our police forces.

Most police officers I meet and deal with on the front line, who are community police officers, will tell me they spend now 60% to 70% of their time effectively working as psychologists and as social workers. They are asking for more training and more capacity to deal with mental health challenges.

This has arrived. I know the member has been working on this. It permeates Bill C-75. I know it is part and parcel of the Minister of Justice's understanding of the justice system in its entirely, even when it applies, for example, to the employment of justices. She understands the importance of ensuring those judges understand the role of mental health in the whole system.

We are making progress. Collectively, the House can make some great advances at committee to get better legislation and a justice system that reflects the reality of those challenges.