Mr. Speaker, I rise on behalf of the good people of Similkameen—South Okanagan—West Kootenay to speak to the legislation before us, Bill C-14, an act to amend the Criminal Code, the Youth Criminal Justice Act and the National Defence Act.
Today, the House debates the very urgent and serious subject of Canada's broken bail laws. The member opposite just spoke about Bill C-14 alleviating problems. Let there be no mistake about who broke these bail laws. The Liberal government broke them. The government's bill today is to amend its own laws that broke our bail system. Conservatives have continually spoken across our country of the disastrous catch-and-release, revolving-door policy that the Liberal government used to turn our bail system into what we have today.
In my riding, I think of a notorious case in Penticton, where a local Toyota dealership was set on fire a couple of years ago. This week, the same arsonist was charged in a second case for aggravated assault. He was intimidating the witness for his first trial, and he kicked the victim in the face with a steel-toed boot. This continues on and on in a community that used to be considered incredibly safe and in communities across Canada.
I am also in the process of surveying my own constituents on public safety matters and have received many responses from constituents. The number one issue across my riding, and I believe across Canada, is safety.
A constituent in Oliver named Angela wrote, “There is a repeat offender that lives a block away from my house who is a known drug dealer, who is also well known for break and entries/theft. He’s sent to jail at least once a year and let out the next day. He’s on probation but it doesn’t stop him. How is this protecting the community if he’s constantly released. This isn’t fishing, why the catch and release? Why would he stop if he never has to face any consequences.”
Angela is right: Catch and release is a failure to uphold public safety and Canadians' rights. It also does nothing to reform the behaviour of offenders if they do not face any consequences. These days, even the Liberal government now acknowledges a 41% increase in the violent crime severity index in the last decade, as well as increases in homicide, sexual assault and extortion offences. It is in its own press releases.
Without Conservatives, the Liberal government would still be proceeding with the disastrous past policies outlined in Bill C-5 and Bill C-75, which prioritized repeat violent offenders instead of victims, with too often deadly consequences.
Residents in my region of the Okanagan were shocked by the failure of our bail system to protect the public and victims in the case of Bailey McCourt. Bailey was a young woman, a mother and a survivor of intimate partner violence. This past summer, her former partner was convicted of abusing her. However, within hours of that sentencing, he had left the courtroom, tracked her down in broad daylight and murdered her in public with a hammer. With Bailey at that time was one of her friends, who survived but was left with serious physical and mental traumas that she will now have to live with for the rest of her life.
I know the member for Kamloops—Thompson—Nicola and I have been in contact with both families, and they are clear in their cause that the government must change our laws to protect victims of intimate partner violence so this never happens again.
The McCourt family said in a joint statement:
Bailey deserved to live her life free from fear and violence. She sought help from a system that was supposed to protect her, yet that system repeatedly failed to take the necessary actions to keep her safe. This is not just a tragedy, it is a preventable injustice.
It is a broken system and a preventable injustice. Too many Canadians have lost their lives to a violent repeat offender who should never have been free to kill, harm or traumatize again. Our bail system has failed them. All Canadians should support the McCourt family's calls to fix our federal laws, which we know the Prime Minister has seen because it was given to him in a letter by Premier Eby this past summer. Does the legislation before us match what the McCourt family is calling for? Unfortunately, it does not.
I will again quote the McCourt family:
We are deeply concerned about the lack of clarity surrounding reverse onus provisions as there are simply not enough details outlining what hurdles an accused must meet in order to be released.... The ambiguity in these measures risks undermining public confidence and safety.
For those without a law degree, reverse onus is a legal provision that shifts the burden of proof from the accuser to the defendant. While this legislation makes some shifts in this category that would help to deny bail to repeat violent offenders, it would not go as far as we need it to. Stronger restrictions should make these offences ineligible for bail all together and prevent automatic release.
This legislation would also not repeal the disastrous Bill C-5 or Bill C-75. It merely tinkers with them. It was the Liberal government that brought in the principle of restraint, which caused judges to provide bail to even repeat violent offenders. Judges were required to apply the least onerous conditions to many criminals charged with violent offences. While this legislation now confirms that restraint does not require release, it would still provide a pathway to release and still retain the directive to apply the least onerous conditions. There is still much risk of release for violent offenders.
There is also nothing in this legislation that would return Canada's criminal justice system to the principle of mandatory minimums to ensure consistent sentencing outcomes for serious crimes. Violent offences committed with firearms, the mass production of deadly hard drugs and sexual violence should come with consistent sentencing. A predictable and fair justice system is one that Canadians can have much more confidence in.
Lastly, house arrest would remain an allowable sentence for those convicted of armed robbery and drug trafficking. This is particularly wrong because the victims of these crimes are often living in the same neighbourhoods as their assailants. It is an insult to public safety to say assailants should be able to serve their sentences in the same neighbourhoods as their victims.
In speaking with the public safety officials in my community, they tell me the Okanagan Correctional Centre is only 20% full. I think it would be better if convicted criminals were placed there than left in their communities on house arrest. The RCMP in our communities are losing faith in the system.
Lastly, I will mention that Conservatives also have Bill C-225, introduced by the member for Kamloops—Thompson—Nicola, which I seconded, to address the serious issue of intimate partner violence, which the McCourt family wishes to be known as Bailey's law. I am proud to support the law and would call on all members of the House to support Bailey's law as well so that we can pass it as quickly as possible.