House of Commons Hansard #29 of the 43rd Parliament, 2nd Session. (The original version is on Parliament's site.) The word of the day was assault.

Topics

Judges ActGovernment Orders

5:40 p.m.

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, I want to thank you, the House and especially the member for Mississauga East—Cooksville for his flexibility and assistance with this. I appreciate the opportunity to continue the remarks that I was making.

Bill C-3 prescribes a mechanism by which judges would be expected to go through a process of education when it comes to sexual assault law and social context. Additionally, it requires judges to provide written reasons in these cases. That will provide greater clarity about the way in which decisions have been made.

At second reading I spoke about that. I spoke about my support for the bill and I spoke about the importance of understanding the value, but also the limitations, of education, recognizing that education is not the whole solution. As C.S. Lewis pointed out once, education without character might simply serve to create more clever devils. When we think about how to create a society without sexual violence, or at least with substantially less sexual violence, we need to pay attention to those strategies that encourage the development of empathy, understanding, goodwill and self-control. These things, in addition to education and the provision of information, are sort of combined effects that work together to achieve the desired result. When individuals fully absorb the importance of justice and self-control, the way that they treat others will reflect that empathy. We will find that education of judges is not the only thing we need to do, and it is not the full and complete picture. That came through well in all of the remarks that different members were making.

This is an important step forward nonetheless for us to collectively underline the importance of awareness about sexual assault law and the social context for all of those who are going on to the bench. That is the general thrust of the remarks I have made in the past about this bill.

As I was thinking about the particular things I wanted to say here at third reading, the idea that jumped out at me, in terms of the importance of what we are doing with this piece of legislation, is the issue of confidence. It is the issue that when people have something terrible happen in their lives, they make a decision about whether or not to come forward to others and seek support in that situation. Whether they do so stems from the expectation they have about how they will be treated when they come forward. People need to have confidence in our justice system. They need to have confidence in our health system. They need to have confidence in our police. They need to have confidence in our legal professionals. If people do not have confidence in vital social institutions, they will be much less likely to come forward to share and seek assistance in the context of the challenges they are facing.

What we are trying to do with the bill is to make sure that judges are aware, and that we do not have the kinds of things happening to women and others in the court system that have happened in the past. Critically, the fact that we are doing this through legislation recognizes the importance of speaking and acting collectively to try to restore and strengthen confidence among people who are victims in the justice system.

Many of the things that we are doing through the bill could have been done without legislation. There could have been directives given, and I think the government has said that it is putting forward the importance of training in every case with an appointment being made. That is valuable. Given the time that has elapsed, it is valuable that the government is taking the steps that it can in the meantime. The value of acting in legislation in particular is that it is an opportunity for us to collectively communicate an awareness of these problems and a desire to resolve them.

It is to try to restore what has been, I think for a long time, a lack of confidence, and to try to create the conditions in which, if someone experiences horrific acts of sexual violence, they feel intuitively that if they bring those issues forward to the police and judges, they will be heard and responded to in a way that is empathetic, that treats them with justice and that seeks to treat the perpetrator with justice as well. We need to not only fix the problems that have existed, but we need to be seen to have fixed the problems that existed and thus restore a sense of confidence in the system.

Other members have cited these statistics before, but it is important to underline them again. The vast majority of sexual assaults in Canada, over 80%, do not get reported to police. We know that one in three women has been a victim. Many men have been victims as well, and the vast majority of victims do not come forward. I suspect that in many cases it is because of a lack of confidence in the kind of response that they will receive. This is something that we need to change not only by passing this bill, but also by speaking about these issues, by participating in this education and seeking to communicate the messages about the challenges and the need for change, as we are doing in the House today.

What I have seen as well in the last few years is the #MeToo movement. The willingness of people to speak out about their experiences has helped to contribute to a willingness on the part of others to speak about it. It has helped to build this sense of confidence. When people speak out and tell their stories and see that others are listening to them, it builds confidence and makes it easier for others to come forward.

Conversely, if people speak out and are not heard, if there are instances where complaints are made and there is not a proper process or is not meaningful accountability, that detracts from people's confidence. We have seen a lot of these issues play out in real time and it speaks to the importance of people being held accountable in every case, including, and perhaps especially, in very public cases. Not that there is not due process, but the processes are engaged in seriously, victims are treated with respect and justice is sought and achieved in an equal way that applies in every case.

About nine years ago, I was on the board of a local organization in my community called Saffron, which did and continues to do incredible work on education dealing with sexual assault and other forms of violence and bullying. It offers education to young people and parents about these issues. It also provides counselling to victims. The social context has changed a bit in the time since I was on the board for about four years prior to getting elected and now.

At the time, we would discuss as a board how we could raise awareness in the community about these issues, and maybe sensed that there was a real need for greater awareness. Today, there is much more awareness, and that has concrete impacts for organizations such as Saffron in my community that are doing this work. What it means is that more people are coming forward and seeking help.

Right after the #MeToo movement started, what I heard from people who were still involved with this organization in my community was that so many more people were coming forward and seeking counselling and support for events that had happened long in the past. In some cases these were decades and decades ago. People speaking out, being heard and listened to, gave others the confidence to seek counselling, seek support and try to work through and understand things that had happened to them that they maybe had not spoken with anyone about before.

When we do things like debate and pass this legislation, and when people speak out about their experiences, that can have a positive ripple effect of giving others confidence to come forward, to seek counselling, to make complaints and so forth. We can work toward ensuring that a greater proportion of victims of sexual violence is coming forward and that there is meaningful accountability. Ultimately, the result of more people coming forward will be a reduced sense of impunity and less victimization going forward.

It is important for us to acknowledge, in the context of this debate, that our justice system will never be perfect, that we work toward improvements and that we have the end goal in mind, which is ending all violence against women and against all people in general. However, we do not give people the false sense that we are ever going to pass one, or two or three bills and then have a perfect justice system that will respond perfectly in every case.

We should be impatient in our pursuit of reform and improvement, but we should also recognize that this work will never be completely finished, that those of us as members of Parliament, the people who work on these issues throughout the system, will continue to be engaged and work on these things for a long time going forward.

I always think it is important to underline, as we talk about combatting sexual violence, the fact that more and more young people, especially young boys, are accessing very violent sexual images on the Internet. Our country needs to have measures in place, things like meaningful age verification online, to address this issue. When we have very young boys learning about sexuality in a context which is very violent and absorbing images that shape their sense of what is normal, this has major implications with respect to subsequent acts they may commit and acts they may perceive as being normal.

I hope to see government action on that issue as well, that we will see greater exploration of the negative health effects that come from early exposure to violent sexual images online and appropriate legislative responses to that.

I know there was a motion from my colleague, the member for Peace River—Westlock, in the last Parliament for a study on this issue at the health committee. I understand he may be speaking later on this evening. That motion received unanimous consent, but the health committee could have gone further. It ultimately comes down to the government needing to act on these issues.

We need to think about the kind of socialization that contributes to what many people have called “rape culture”. Some of that response has to include addressing this issue online.

In the remaining time I have, I want to speak a little about the international dimension. I have the honour of serving in our opposition shadow cabinet as the shadow minister for international development and human rights. For a long time, a big part of Canada's engagement internationally has been seeking to advance the rights of women and girls.

Members have spoken about Rona Ambrose's involvement in putting forward this bill in the last Parliament. She was also a big part of working with former Prime Minister Harper and others on advancing the rights of women and girls internationally as part of our development assistance. That approach got a bit of a name change under the Liberal government.

Frankly speaking, although not in every area, there has been a great deal of continuity in terms of initiatives that were started under Stephen Harper and have continued, with some modifications but not that many in the scheme of things, under the current government.

Part of our engagement internationally on the rights of women and girls should be promoting reforms to justice systems, helping to facilitate the development and strengthening of justice systems around the world. The quality of justice systems, the protection of young women from violence is a key part of achieving larger development objectives in countries that are struggling around the world.

There may be cases where parents are reluctant for their daughters to go to school if they feel they are not safe on the way to and from school or if they are not safe at school. These are the kinds of issues that are linked to questions of education and access to health care, if justice systems and safety are in place for women around the word.

I also am regularly contacted by people in Canada who are concerned about cases of sexual violence involving abduction of women from minority communities also associated with forced conversion. There have been a number of prominent cases of this in Pakistan recently where women from the Christian community have been abducted and there have been instances of forced conversions as well as forced marriages.

We see these cases in a number of different contexts and require a strong response, recognizing the linkages that exist between violations of religious freedom and the rights of minorities as well as sexual violence. Often, we see cases where women specifically from minority communities are targeted in countries that have relatively weak justice systems.

Canada's engagement in understanding the linkage between different human rights issues around the world is important. That is part of why I was a champion for leaving in place the Office of Religious Freedom. It was working in this space, recognizing the linkages that exist, for instance, between violence against women and violence targeting minority communities.

Also, we need to do more in Canada to recognize how online sexual exploitation is a growing problem in certain countries around the world, how the sexual exploitation of people, often of children, happens in a way that is linked to the demand for that kind of material in other countries, perhaps in Canada. It is so important for us in Canada to be willing to work with justice systems in other countries, building capacity to work together to combat online sexual exploitation where the perpetrators may be here—

Judges ActGovernment Orders

6 p.m.

Liberal

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Liberal Alexandra Mendes

We now go to questions and comments, the hon. member for Yukon.

Judges ActGovernment Orders

6 p.m.

Yukon Yukon

Liberal

Larry Bagnell LiberalParliamentary Secretary to the Minister of Economic Development and Official Languages (Canadian Northern Economic Development Agency)

Madam Speaker, the member always has very erudite speeches. Like the member, I am very passionate in my support of this bill. I will probably not ask a question, but let him carry on because I know he always has a lot of very important input. However, I want to make a couple of comments.

One was mentioned earlier this afternoon. Over and above the bill, which is very important, Bill C-51 added some very important steps. I want to ensure that all the elements of Bill C-51 are implemented so we can get the full benefit of the bill to deal with this.

The second point I want to make is that I am very strongly in support of indigenous involvement in designing the training. Indigenous women and girls, who are often the targets and victims, come from a different culture and a different history of their own unique legal systems. They are different social structures of which we just cannot understand—

Judges ActGovernment Orders

6 p.m.

Conservative

The Deputy Speaker Conservative Bruce Stanton

I will have to leave it there to permit some other interventions.

The hon. member for Sherwood Park—Fort Saskatchewan.

Judges ActGovernment Orders

6 p.m.

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, I thank the member for Yukon for his kind words.

He mentioned Bill C-51, which was an omnibus justice bill from the last Parliament. If I recall rightly, it contained many different elements about many different issues. To the member's point, sometimes when we have these kinds of omnibus bills, there are particular elements of it that get relatively less discussion.

What the member is pointing out with respect to indigenous communities is something I was talking about in a slightly different context. I was talking a bit about our engagement internationally and the link we sometimes see between violence against women and violence against minority communities and that women from minority communities are sometimes particularly targeted. The member is speaking about something in a similar context in Canada. That is an important complement to some of the points I was making more broadly, that we need to understand human rights and the dignity of the person in an integrated way.

Judges ActGovernment Orders

6 p.m.

Bloc

Alexis Brunelle-Duceppe Bloc Lac-Saint-Jean, QC

Mr. Speaker, I would like to begin by thanking my hon. colleague for his speech.

It is always a pleasure to listen to him. He tends to build solid arguments and is glad to share ideas. I would even say I found the first part of his speech rather dazzling, but perhaps more because of its delivery than its substance.

We are here to exchange ideas. Most members of the House agree with this bill, and we will be supporting it. However, it is important to remember that there has been some criticism, particularly from the Quebec bar, which believes that this bill jeopardizes the independence of the judicial system. I would like to hear my hon. colleague's point of view on that, and I will put on my sunglasses to listen to him.

Judges ActGovernment Orders

6 p.m.

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, I thank my colleague for his remarks.

The member is asking about the issue of judicial independence and how that interacts with this bill. The mechanisms that would be put in place with this bill would respect judicial independence. They involve a person committing to undertake training, but they preserve a level of autonomy in pursuing that training. The decision they make is ultimately still up to them, the things they say, how they make those determinations and so forth. They have to commit to the training, but in practice there does not seem to be a way of compelling them to do it.

In some respects that is a limitation, but it may well be a necessary limitation in that it preserves the independence of judges to act independent of the legislature even though we are going as far as we can within the balance of judicial independence to very strongly recommend the value of this particular training.

Judges ActGovernment Orders

6:05 p.m.

Liberal

Ruby Sahota Liberal Brampton North, ON

Mr. Speaker, my colleague made some references to the per cent of reporting in Canada and also some of the incidents that happened overseas in different countries and victims who were in minority groups.

I often hear of the need for protecting women or to provide them a safe place. I can completely relate and understand that, and it is necessary. However, would the member also think it is necessary to perhaps do a better job at educating our men, ensuring they are not committing these types of offences against women. We know nine out of 10 incidences involving sexual assault are female victims. We are also not doing so well in the country when we look at the statistics. We have a very low conviction rate.

Does the member think our system is also one that is broken? Perhaps we do not have as strong of a judicial system as we may think compared to other countries.

Judges ActGovernment Orders

6:05 p.m.

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, this bill is about providing training to judges in Canada. It is one that I strongly support because I think it is absolutely necessary. I completely agree as well with the member's comment that education as well as character formation for men is critically important. Most of the victims of sexual violence are women. Most of the perpetrators, statistically, are men. Absolutely, that is important and complementary to the point I made.

With respect to the international context, as we seek to make reforms in our system, we can see the need to strengthen the effectiveness of justice systems as being an important part of our international development assistance as well. Just as I do not think we should wait until poverty is fully solved at home before addressing poverty overseas, I do not think we should wait until this problem is fully solved at home before we engage overseas.

We also need to recognize the issue of online sexual exploitation means, unfortunately, in these crimes there may be links. There may be victims overseas who are being victimized by perpetrators in Canada. It speaks to the need for an international perspective and for that collaboration.

Judges ActGovernment Orders

6:05 p.m.

Conservative

Chris Lewis Conservative Essex, ON

Mr. Speaker, I am thankful for the recognition in the House this evening. Bill C-3 is a vital bill to speak to. I want to thank my hon. colleague for his remarks and his speech. I echo his remarks about celebrating Rona Ambrose and her being such a vital aspect to this proposed legislation.

I know that each and every member of this House is responsible for certain training. As a matter of fact, just this upcoming Monday I will be taking the House of Commons harassment training, so training is vital. It does not matter if one is a member of Parliament, or what profession one comes through, it is absolutely vital.

The previous speaker, the hon. member from the Liberal party, said that this legislation cannot come too soon. My hon. member, with as much passion, said it is time to speak out. How detrimental was shutting down the government to allowing people to speak out?

Judges ActGovernment Orders

6:05 p.m.

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, I agree with the point that my colleague is making. The prorogation of Parliament was a mistake. We can identify many vital areas of work that were either halted or put on hold as a result of that, including the important study being done at the Canada-China committee on Hong Kong, the work on this bill and other legislative items. There were certain aspects of the fiscal response to COVID-19 that were also delayed as a result of prorogation.

Across the board, on all of these issues, we have had a situation where the government prorogued Parliament, which caused a big delay, and then we came back and it said that we needed to rush.

I think it was very clearly a mistake. It was a mistake that was aimed at addressing political controversy around the WE scandal, as opposed to the public interest.

Judges ActGovernment Orders

6:10 p.m.

Vaughan—Woodbridge Ontario

Liberal

Francesco Sorbara LiberalParliamentary Secretary to the Minister of National Revenue

Mr. Speaker, it is great to be here today, back in our nation's capital again for another sitting week.

I rise today in support of Bill C-3, An Act to amend the Judges Act and the Criminal Code. This bill is a key step to ensuring that each individual who interacts with our justice system is treated with the dignity, respect and compassion they deserve. I am eager to see this important bill continue to move through the legislative process.

Bill C-3 would amend the Judges Act to ensure that all newly appointed provincial superior court judges take part in training on social context and sexual assault law. This bill would also propose that when the Canadian Judicial Council develops seminars on sexual assault law, it does so following consultations with groups that the council considers appropriate, such as sexual assault survivors and organizations supporting them.

Bill C-3 also seeks to have the council report to the Minister of Justice on the seminars offered related to sexual assault law and social context. Finally, this bill would require judges to provide reasons for decisions under certain sexual assault provisions of the Criminal Code.

I am proud to note that Bill C-3 continues to be an example of parliamentary collaboration on key issues that have an impact on Canadians. The bill before us today is identical to Bill C-5, which was referred to committee before Parliament was prorogued.

Like Bill C-5, Bill C-3 reflects the private member's bill introduced by the former interim leader of the Conservative Party, the Hon. Rona Ambrose. I want to thank her for her work and her commitment to these important issues. I look forward to continuing our collaboration to ensure that this bill is brought before the other place and that Canadians can benefit from the important changes it seeks to make.

This evening I would like to focus my remarks on the importance of social context training for judges. In particular, I would like to address how the social context education provisions in Bill C-3 would help ensure an inclusive justice system that is free from systemic racism and system discrimination.

Each individual who appears in court is more than a claimant, respondent or witness. They are not just a name on a legal document or a face in a courtroom. An individual's engagement with the justice system is deeply intertwined with their life outside of court. They bring with them to court their experiences, their stories and their context. To ensure that all people who engage with the justice system are treated respectfully, fairly and equally, judges need to understand the realities of these individuals who appear before them. Bill C-3 recognizes this need.

By requiring candidates to superior court benches to participate in continuing education on social context, Bill C-3 would help ensure that new judges are aware of the many factors that can affect a person's involvement in the justice system.

Bill C-3 would amend the Judges Act to restrict eligibility for judicial appointment to a provincial superior court to persons who undertake to participate in continuing education on matters related to social context after their appointment. This means that every new provincial superior court judge would begin their tenure on the bench with this important training.

Social context refers to a range of factors that impact an individual's reality and experiences, including experiences leading up with their interaction with the justice system, their first contact with the justice system and their experiences before a judge. The factors that make up social context intersect an individual's life. Social context includes systemic racism and systemic discrimination.

Bill C-3 reflects this reality. During the clause-by-clause study of this bill, the member for Hull—Aylmer proposed an amendment to specify that systemic racism and systemic discrimination are part of social context. I was pleased to support this critical amendment and see it pass at committee.

For too many Canadians, notably indigenous peoples, and Black and racialized Canadians, systemic racism and systemic discrimination are lived realities. We see this in health care, access to economic opportunity and our justice system. We know that indigenous, Black and racialized Canadians are overrepresented in the criminal justice system. We also know that Canadians who experience systemic racism and systemic discrimination face structural barriers to access to justice, barriers that have sadly been worsened by the pandemic.

Amending Bill C-3 to specify that social context includes systemic racism and systemic discrimination reflects where we are as a nation, where we are as a country. We have work to do.

Our government is committed to doing that work. We released Canada's anti-racism strategy for 2019 through 2022. We are investing in economic empowerment for racialized communities. We are combatting online hate, and we are creating a unified approach to better collect disaggregated data. Through these and other actions, we are taking concrete steps to combat systemic racism and systemic discrimination in their many incarnations, including in the justice system. Bill C-3 will help us achieve this critical goal.

Bill C-3 focuses on the importance of providing training for judges that addresses racism and systemic discrimination. When appointed, judges should be aware of the reality lived and experienced by the people who will come before them. The requirement for social context education set out in Bill C-3 would ensure that new judges have this awareness.

Learning about social context will ensure that newly appointed judges are aware of systemic racism, systemic discrimination and the ways these pervasive problems impact individuals' experiences with the justice system. When judges have this fundamental awareness, courtrooms are more sensitized, hospitable and inclusive. A judge who is aware of social context is, for example, better prepared to ensure that a racialized young woman with a disability appearing in court experiences a justice system that is respectful and responsive to her reality. Social context training supports understanding, empathy and appropriate judgements for all Canadians.

By bolstering judges' awareness of the context in which they fulfill their functions, social context training ensures myths and stereotypes or personal societal biases do not play a role in their decisions. Social context shapes the experiences of all individuals who interact with the justice system, whether they are before a judge, in superior court, or in provincial or territorial court. That is why our government is also working with our partners to improve the availability of training on social context for provincially and territorially appointed judges.

We must ensure that our justice system treats everyone with respect and dignity. The team work involved requires the collaboration of all parties and potential stakeholders in the justice system.

Together, we must work to ensure that Canadians have access to a justice system that is responsive, inclusive and free from systemic racism and systemic discrimination. This bill is an important step toward these goals, and I am eager to continue to work with my colleagues to move Bill C-3 forward.

Judges ActGovernment Orders

6:20 p.m.

Bloc

Louise Charbonneau Bloc Trois-Rivières, QC

Mr. Speaker, I thank my colleague for his excellent speech.

The Bloc Québécois believes that passing this bill serves the interest of Canadians. As the member stated, this is about trust, awareness, emotions and social context. Bill C-3 touches on our beliefs, our values and our emotions. Victims, just like judges, have their own value systems, which vary greatly from one person to the next.

Does my colleague believe that the training given to judges will truly have an impact on the decisions they will have to make in sexual assault cases?

Judges ActGovernment Orders

6:20 p.m.

Liberal

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

Mr. Speaker, my answer, quite simply, is that, yes, this will have a positive impact on our justice system. It will have a positive impact, once the law is put in place and implemented, for judges to be more sensitized to the needs of Canadians who face systemic discrimination and racism. Bill C-3 would also reaffirm the principle judicial independence for our legal community and judges, and rightly so.

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6:20 p.m.

Bloc

Maxime Blanchette-Joncas Bloc Rimouski-Neigette—Témiscouata—Les Basques, QC

Mr. Speaker, I thank my colleague for his speech.

Of course it is necessary to train judges to ensure they have increased knowledge and awareness when dealing with cases of sexual assault. That is something that the Bloc Québécois supports.

However, there is another skill that is important when becoming a judge in the highest court in this country, and that is language skills. Right now, there is no legal obligation for judges to be bilingual.

I want to give some background. In 2006, Stephen Harper's Conservative government appointed a unilingual anglophone judge to the Supreme Court of Canada, which caused quite an uproar. Many francophones in Canada, particularly in Quebec, were appalled by this insulting decision. Then, in 2010, Commissioner of Official Languages Graham Fraser stated that bilingualism should be an essential criteria for becoming a judge, particularly in the Supreme Court. Nevertheless, in 2011, Stephen Harper's Conservative government appointed another unilingual anglophone judge.

Today, the Minister of Official Languages, the member for Ahuntsic-Cartierville, very strongly suggested that French was declining in Quebec and Canada.

Does my colleague believe that Supreme Court judges should be officially required to be bilingual?

Judges ActGovernment Orders

6:20 p.m.

Liberal

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

Mr. Speaker, bilingualism is a very important factor for me and my family, but I would generally state that Bill C-3 would improve the confidence in our justice system for all Canadians, especially sexual assault survivors, and that is the intent of the bill.

I also wish to thank the hon. member who brought forward the original incarnation of the bill, the Hon. Rona Ambrose.

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6:20 p.m.

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the President of the Queen’s Privy Council for Canada and to the Leader of the Government in the House of Commons

Mr. Speaker, I am wondering if the member could provide his thoughts on how encouraging it is to see all political entities in the House of Commons get behind the legislation, which will ultimately see it passed.

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6:20 p.m.

Liberal

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

Mr. Speaker, the collaboration that we are seeing on Bill C-3 is great to see and it reflects the reality of where we are as a nation. We want to move forward on breaking down barriers, especially for systemic racism and systemic discrimination, and we want to make sure that survivors of sexual assault have the confidence to come forward, and that their stories will be listened to in a manner that is appropriate. I wish to thank the justice committee for its great work on this and the Minister of Justice for his great work on Bill C-3.

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6:25 p.m.

Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Mr. Speaker, I am grateful for the opportunity to be here today to address Bill C-3. It has gone through committee and is now back in the House of Commons, and we once again get an opportunity to speak to it.

I want to point out that this is a pleasant departure for the Liberal Party in supporting the bill. In the past the Liberals have typically been odious, pointing out errors that the justice system gets. For them to give clear instructions to the justice system is refreshing. I am excited to see that they are supporting the bill, that they have moved it forward and that we have the Government of Canada pursuing education of judges.

We have seen in the past some horrendous crimes that have been committed in this country, and we have seen sentencing that does not seem to fit the crime. The sentencing does not provide an incentive to not do the crime again. I am talking particularly in the area that I know best, around human trafficking. I have a series of examples in which folks were convicted of trafficking people and the justice system was incapable, or folks in the justice system were rude about what was going on. It led to people being concerned and not willing to come forward when they had a crime perpetrated against them.

I remember one situation in which a gal was talking to me. She had come forward and pressed charges against an individual, but the guy was out on bail very quickly and was standing at the end of her driveway making threatening gestures such as slicing across his throat. This is a justice system that was supposed to be there to protect her. I am happy to see the government supporting the bill to provide judge training, and it is important that we get it right. The justice system should get it right.

I also want to note that I will share my time with the member for Mégantic—L'Érable, a great colleague of mine. I also had the opportunity to tour him across the promised land. He is from Quebec and I am from Alberta. I know there is a bit of rivalry there, although it is more imagined than real because when I had him, a Quebecker, in Alberta, I stuck him in a trench of a pipeline and showed him what pipelines were all about. He was impressed with the size of the farms that we have where I come from. He is the member of Parliament for the maple syrup capital of Canada, and I am the member of Parliament for the honey capital of Canada, which I think is pretty sweet, either way. I do take a little honey in my coffee because I think that makes me a little sweeter all the time.

We have seen human traffickers get off with sentences that were in many cases less time than they had spent trafficking their victims. We have seen traffickers who trafficked multiple girls for several years get months in prison. We also see traffickers, who have made hundreds of thousands of dollars trafficking people, get fines of $5,000. It is important to me that the justice system provides justice and deterrence. It says in the Bible that the law cannot save us, and that is true. The words on a piece of paper will not in the instant save someone, but we do try to rectify these situations after the fact. Our justice system is to bring justice to the situation. We see in the bill the acknowledgement that our justice system does not get it right all the time.

From time to time, things change, things come to light, society changes and society sees the need to shine a spotlight on particular issues. That is what this bill does. I am pleased to support the bill.

However, this is a departure from what we have seen in the past. We have seen the Liberals hesitate on bringing justice through the justice system for human trafficking victims. When it comes to consecutive sentencing, we saw a bill that was first introduced by a Bloc member, then was introduced by an NDP member and it was finally passed under a Conservative government. It was brought into force by the Liberal government.

However, before the bill was brought into force, the government waited for two years to pass Bill C-75. It could have been brought into force immediately when it took power back in 2015, but the government waited in order to pull out consecutive sentencing, because, lo and behold, if a trafficker had to go to jail for an extended period of time, that would not have been right.

The Liberals delayed the passing of that bill. While it had originally been introduced in 2013, it took all the way until 2017 to be reintroduced. We see that when the bill was finally brought, the Liberals had pulled the consecutive sentencing out and went back to concurrent sentencing, saying if someone had trafficked one girl, they were going to jail for a maximum of 10 years, and if they had trafficked 10 girls, they could serve those sentences concurrently. Regardless of how many people they had trafficked, they would serve the sentences concurrently.

That is not justice. That is not bringing people to justice. That is not providing any deterrent. Perhaps the Liberals will stand up and ask me questions about this, and maybe they will clarify whether they actually believe that deterrence should be something that is part of our justice system. Do Liberals believe that deterrence is part of our justice system?

At the end of the day, serious penalties for this type of sexual violence is important. However, it is more important to provide real protection for victims who endure years of trauma and take years to recover, knowing that their trafficker could be out and back on the streets before they have been fully integrated back into society.

Today we see that judges are still handing down human trafficking sentences that do not reflect the seriousness of the crime. The government refuses to send a message to traffickers by mandating serious penalties.

I propose that the government, at the very least, consider adopting a similar approach to human trafficking as it did on this bill. Judicial training on human trafficking law would be unprecedented. Maybe we could go beyond this. Maybe we could look at special courts. I know there are a number of special courts in Canada. We see drug courts where there are two doors. If someone is convicted of a drug crime, there are two doors. One is rehabilitation; the other is jail. People can choose which door they want to go through. If they do not abide by the conditions set when they cross the first door, then they are switched to the second door.

Those kinds of things have been successful in Canada. I think Ontario is the province that has been pushing that the most. I think that is great. In Alberta, we have the child advocacy centre. It is not a special court, but it is a centre where children of sexual abuse come. There are complete wraparound services. It is not a sterile institutionalized facility. There are puppy dogs wandering around. There are nice trees. The whole place is a place to put people at ease.

All of the government services that come into play in a case of child abuse come to the child, rather than sending the child through multiple different institutions. That, again, has been a great model and is something that we could see across Canada, in terms of dealing with human trafficking victims.

While I support the government's initiative around the bill, I hope that we can see some of these other things that Conservatives are pushing for that get our justice system to provide justice but also, on the front end, prevent these crimes from happening by providing a deterrent.

It is always an honour and privilege to rise in the House of Commons.

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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the President of the Queen’s Privy Council for Canada and to the Leader of the Government in the House of Commons

Mr. Speaker, one of the things that has been talked about in the third reading and a bit in second reading is how wonderful it is to see the unanimous support for a good idea. What would make the idea even better is if we were to see more and more provinces look at their appointments.

Could the member share his thoughts on what role we could have in encouraging this? I believe Ontario has moved forward and possibly another province has. What are his thoughts on that?

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Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Mr. Speaker, I know appointments are a very important part of the judicial system. What I always say about the judicial system is that we have to get it right. If the average Canadian thinks the case is being judged fairly, then we are getting it right. If we are not getting it judged right, then we have a problem and we need to have a chat with the judges, which is what the bill would do.

As to provincial jurisdiction, I am always concerned about treading on provincial jurisdiction. I have close colleagues who work in provincial legislatures and I talk to them about the bills I am working on, the ideas I have and they do the same. On appointments and training for judges, we should be working hand in glove with the provinces.

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November 16th, 2020 / 6:35 p.m.

Bloc

Martin Champoux Bloc Drummond, QC

Mr. Speaker, I congratulate my colleague for his excellent speech.

The Quebec bar has expressed some concerns about Bill C-3, particularly because the vast majority of criminal offences are handled in provincial courts.

Training for judges is a good idea, but the Quebec bar has pointed out that many of these cases will be handled by provincial judges and not federal ones.

Does my colleague think that this could create some irregularities or lead to an uneven administration of justice across Canada?

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6:35 p.m.

Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Mr. Speaker, no, I do not think that will be a problem at all. The bar association can step up for sure. I believe it represents both federal and provincial lawyers. The bar associations could provide this training, which would be more useful than us having to pass bills on that.

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Conservative

Rob Morrison Conservative Kootenay—Columbia, BC

Mr. Speaker, I want to thank the member for his work on human trafficking, which is so important.

My question is on accountability. We seem to have an issue with accountability. He mentioned some of it with the sentencing. With respect to Bill C-3, which I support, how does the member propose there will be accountability for the justices so they actually follow through with what we want them to do in the bill?

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6:35 p.m.

Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Mr. Speaker, that is exactly the issue all the time. If we go back to the appointments, which the member from Winnipeg talked about, this kind of training sends a message to the judicial system as to our expectations in this place.

As for accountability, there is an independence between this place and the judiciary which we must always appreciate. There can be a conversation about it, but that is always going to be a challenge. I do not see a great accountability structure at this point, so we really just send a message and hope that is the case. It goes back to appointing the right people. Appointments are very important.

I know the member for Kootenay—Columbia is right next door to Alberta. I like to call him an honorary Albertan. Any time that part of the province wants to join Alberta, come on down. However, I want to point out that the Alberta government has aggressively pursued anti-human trafficking measures. It has come out with a great strategy on ending human trafficking in Alberta. I hope the federal government can get behind this and bring in a national strategy that works for all Canadians.