Madam Speaker, it is obviously wonderful to rise after the unanimous consent motion was passed here in this House of Commons on a very important bill for all Canadians, including the wonderful residents in my riding of Vaughan—Woodbridge.
This past summer, I met with many of the York Region police officers in my area, including the deputy chief of police. It was clear how important bail reform is to our police officers and our policing authorities. I have a sibling who has been a member of a police agency in Canada for over 25 years. I have heard a number of times from him how important bail reform was to him and his colleagues. Therefore, I am so glad that unanimous consent was received with respect to Bill C-48. I have a few comments.
It is wonderful to see all my colleagues here. With respect to the member of Parliament for Etobicoke—Lakeshore who usually sits in front of me, I wish to acknowledge his appointment as the parliamentary secretary. He is a great friend and has been a great friend for decades and I was very happy to see his appointment as the Parliamentary Secretary to the Minister of Justice and Attorney General.
I am grateful for the opportunity to speak in support of Bill C-48, an act to amend the Criminal Code, bail reform. It proposes targeting amendments to the bail regime with the aim of enhancing community safety and reinforcing confidence in the administration of justice. Canadians have spoken and we have listened. All parliamentarians have listened.
Crime is a serious concern for communities across this nation and it must be addressed. That is why the Liberal approach is to pair legislative reform like Bill C-48 with programs that stop crime at its roots. We want to both hold criminals to account and prevent crime from happening in our communities in the first place.
At the onset, I want to highlight the positive reactions we have seen to Bill C-48 from law enforcement agencies.
The president of the Canadian Police Association called to say it is “common-sense legislation that responds to the concerns that our members have raised”.
The president of the Toronto Police Association said that “the introduction of Bill C- 48, and the clear message being sent by the government that public safety remains a top priority, will help victims of crime, as well as all Canadians know serious, repeat violent offenders can and will be held accountable for their actions”.
The Saskatoon Police Service deputy chief of police said, “It is encouraging to see the voices of the community and the policing community across Canada are being heard.”
Members need not just take my word for it. They can take the word of those law enforcement experts. Bill C-48 is an excellent piece of legislation that would make positive change in our communities and, yes, keep our communities safer. I hope that the members opposite will help us pass this bill as soon as possible.
In essence, the proposed amendments in Bill C-48 would make it more difficult for those engaged in repeat violent offending to get bail. In order to accomplish this objective, the bill proposes, among other important amendments, to, first, create a reverse onus to target serious repeat violent offending involving the use of a weapon; make certain firearms offences subject to reverse onus at bail; and broaden existing reverse onus to target repeat offenders of intimate partner violence, or IPV. This point number three is very important as intimate partner violence usually means that women are being impacted by their partners. We as a government, since day one, have been working on these issues to ensure all citizens feel safe, especially women, in their homes, in their neighbourhoods and on the streets and I applaud this.
Before elaborating on the proposed amendments, I am going to take a moment to situate these reforms within the existing bail regime. As members know, bail is when a person charged with a criminal offence is released from custody while awaiting their trial or the outcome of their case. Accused persons are presumed innocent until they have been found guilty of the offence charged and have a constitutional right not to be denied reasonable bail without just cause. This is why typically the prosecutor bears the burden of showing why the accused person should be denied bail and detained in custody. The prosecutor must show that the detention of the accused person is necessary to ensure their attendance in court, for the protection or safety of the public including a victim or witnesses, or to maintain confidence in the administration of justice. A reverse onus shifts the burden from the prosecutor to the accused person. It requires them to show why pretrial detention is not justified. This is an exception to the general rule and reflects Parliament's intention that it be more difficult to obtain bail in certain circumstances or for certain kinds of serious offences.
Through these reverse onuses, Parliament signals the importance of considering certain offences by accused persons differently at bail to advance the critical purposes of the bail system including the protection of public safety and maintaining confidence in the administration of justice.
Bill C-48 would create a new reverse onus for accused persons charged with an offence that is punishable by at least 10 years of imprisonment, which involves violence and the use of a weapon if the accused was previously convicted in the last five years of an offence for the same criteria. In addition, the bill would make certain firearms offences also subject to reverse onus at bail. These offences are unlawful possession of a loaded, prohibited or restricted firearm, breaking and entering to steal a firearm, robbery to steal a firearm and making an automatic firearm. These amendments are the product of significant collaboration among federal, provincial and territorial engagement, collaboration and co-operation. For instance, the offence of unlawful possession of a prohibited or restricted firearm is proposed to be added to the list of offences that will be subject to a reverse onus at the request of all the province and territories outlined in an open letter to the Prime Minister of Canada.
This bill also addresses concerns about the use of bear spray and blade weapons expressed by some jurisdictions and is consistent with the recommendations of key stakeholders, including police organizations. These amendments also complement the federal government's ongoing efforts toward gun control and reducing gun violence. All 13 premiers and law enforcement groups across this country support Bill C-48. If Conservatives care more about the public safety of Canadians than about petty political games, they will help us pass this bill today.