House of Commons Hansard #76 of the 45th Parliament, 1st session. (The original version is on Parliament's site.) The word of the day was c-16.

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This summary is computer-generated. Usually it’s accurate, but every now and then it’ll contain inaccuracies or total fabrications.

Protecting Victims Act Second reading of Bill C-16. The bill C-16 amends criminal and correctional matters, addressing child protection, gender-based violence, and court delays. It includes provisions for criminalizing coercive control and banning deepfakes. While Conservatives support many measures, they contend the bill undermines mandatory minimum penalties by allowing judges to impose lower sentences. Liberals argue it reinstates mandatory minimums with a safety valve and accuse Conservatives of filibustering crime legislation. 15500 words, 2 hours in 2 segments: 1 2.

Statements by Members

Question Period

The Conservatives blame the Liberal government's failed economic policies for the food inflation crisis, citing the industrial carbon tax and fuel standard tax. They highlight housing unaffordability and minimal disposable income for young Canadians, also criticizing new spending and project delays.
The Liberals prioritize making life more affordable for Canadians through the groceries and essentials benefit, increased GST credit, and tax cuts. They highlight their strong fiscal policy, positive inflation trends, and investments in dental care and building affordable housing. They also mention modernizing government services and promoting clean energy.
The Bloc condemns the government's inaction on the Cúram software issues causing seniors to miss pension payments and creating "financial nightmares." They also criticize the Liberals for failing to adequately address Driver Inc. victims' concerns despite their testimony.
The NDP criticize cuts to public sector jobs risking food safety and the expiration of friendship centre funding, urging stable support.

Petitions

Relieving Grieving Parents of an Administrative Burden Act (Evan's Law) Second reading of Bill C-222. The bill aims to amend the Employment Insurance Act and Canada Labour Code to allow parents to continue receiving maternity or parental benefits and maintain leave if their child dies during the benefit period. Members across parties support this compassionate measure to relieve grieving parents of an administrative burden. Some criticize the government's delays in addressing this long-standing issue and highlight broader gaps in the EI system. 7000 words, 45 minutes.

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Questions on the Order PaperRoutine Proceedings

12:20 p.m.

Questions on the Order PaperRoutine Proceedings

12:20 p.m.

Some hon. members

Agreed.

Questions on the Order PaperRoutine Proceedings

12:20 p.m.

The Assistant Deputy Speaker (Alexandra Mendès) Alexandra Mendes

[For text of questions and responses, see Written Questions website]

The House resumed consideration of the motion that Bill C-16, An Act to amend certain Acts in relation to criminal and correctional matters (child protection, gender-based violence, delays and other measures), be read the second time and referred to a committee.

Bill C-16 Protecting Victims ActGovernment Orders

12:20 p.m.

Conservative

Helena Konanz Conservative Similkameen—South Okanagan—West Kootenay, BC

Madam Speaker, I will split my time with the member for Cowichan—Malahat—Langford.

I am speaking today on Bill C-16, the government's proposal to address the serious issue of rising violent crime and the growing lack of public safety. Residents in communities across Canada and my riding, including those in Penticton, Oliver, Princeton and Castlegar, tell me things do not feel as safe as they used to. I am hearing this constantly. While our region is the most beautiful in Canada and a place I feel proud to call home, many do not feel safe walking our streets, shopping in our downtowns, visiting our hospitals or clinics, or even at night in their homes.

Within just the last few months, we have had a firebombing in Castlegar, an attempted break-and-enter with a shotgun in Osoyoos and a shootout in Princeton. These are things we never used to see before, especially in rural towns. Residents have good reason to be concerned. There is a growing and fundamental issue of violent crime in this country that has gone unaddressed by the Liberals for years, but I am not telling the House anything new. The time for change is long overdue. Bill C-16, I hope, can do some good here, but some concerns remain.

When I first joined municipal politics, people in the community were concerned about many issues, but crime was not top of the list. They worried mostly about parks, about job security and about taxes. In a decade, things have changed drastically. Now, it is a regular occurrence for people to say they are concerned, cautious or even afraid. In a place like Penticton, residents no longer feel safe to take a summer night stroll on our iconic Lakeshore Drive. The business associations there are clear that “crime is what we are hearing about, every single day.”

Just this month, I had a conversation with a mother who lost her son in Penticton to violence. This young man was swarmed, assaulted and beaten until he died. Many residents of Penticton will remember this vicious murder, but what they might not realize is that we are mere months away from a statute of limitations issue. Delays in getting this complex case to court could mean this case, like many others in Canada, is never going to be properly heard, and the victim's family and friends and our small town will never have proper closure or see justice. This is not just justice delayed; it is no justice at all. I urge the courts to provide full and fair proceedings to this horrific case.

Sadly, it is not the only one. Why? What has changed in this decade? I suggest it is reflecting a chronic, years-long failure to uphold public safety, the first responsibility of any government. It is reflecting a failure to demonstrate consequences, a failure to provide a swift and fair application of justice for the accused, a failure to provide closure for victims of crime, a failure exasperated by a sluggish court system, and a failure to address a broken bail system.

I appreciate that Bill C-16 tries to find solutions, finally. How does Bill C-16 address this? It is by taking on many of the ideas that the Conservatives have called for, for years. These measures are long overdue in our criminal justice system. After a decade in office, finally, the Liberals have acted.

I give credit to my Conservative colleagues for their work throughout these years to finally get the Liberals to sit up and listen. I am glad to see the Liberals take up the proposal of my Conservative colleague, the member for Kamloops—Thompson—Nicola, which would make the murder of an intimate partner automatically a first-degree offence. After the horrific murder of Bailey McCourt last summer, this is a proposal that I know the people of my riding and all of Canada can get behind.

I also see that a new Criminal Code offence has been put forth, prohibiting engaging in a pattern of coercive or controlling conduct toward an intimate partner. I spoke about the importance of considering coercive control in the House just yesterday in my speech on Bill C-223, and I welcome it here as well, but the Liberals have also undermined key policies that matter for public safety and for public confidence that justice will be served, like mandatory minimum sentences. This is a policy that the public, historically this Parliament and the Conservatives have been supporting.

In my recent survey to my constituents, almost everyone who responded said they wanted violent criminals held responsible for their actions and wanted them to serve mandatory time. Instead, to appeal to soft-on-crime supporters, mandatory minimums in sentencing are undermined again in Bill C-16. Bill C-16 would amend the principles for sentencing, imposing on judges and courts the requirement to impose a sentence below a mandatory minimum sentence, as adopted by Parliament as law, where applying the minimum would amount to cruel and unusual punishment for the offender. This change would enable a path to lower sentences than mandatory minimums require, even for crimes such as human trafficking, weapons trafficking and offences committed with firearms, such as extortion or drive-by shootings.

Mandatory minimum sentences for violent offenders are not cruel or unusual punishments. A violent crime itself is a cruel and unusual punishment to its victims, their families and the entire community. This cannot be forgotten. Someone who is convicted of a drive-by shooting or armed extortion deserves to be jailed with a clear sentence set by a democratic body of the House representing the desires of all Canadians. In practice, this bill, as drafted, means that mandatory minimums would no longer be mandatory. That is unacceptable to me. Too many residents, families, seniors and small businesses in my riding and throughout Canada have been victimized and do not feel safe. Canadians have had enough.

I do not come to the House to say “no”, but to offer a better way forward. I hope that, across parties, we can recognize the positive measures that I have highlighted and split them into their own legislation that stands apart from these sentencing measures. Doing so would allow us to quickly implement positive changes to the Criminal Code while taking these ill-conceived sentencing proposals for fuller debate and study at the committee level.

After a decade of catch-and-release Liberal bail, repealing mandatory minimums and increasing violent crimes, Canadians want better from their government. They want their taxes and their government to deliver safer communities, to prioritize them and their families over criminals and to prioritize justice. Let us work quickly to meet the expectations that our communities are demanding.

Bill C-16 Protecting Victims ActGovernment Orders

12:30 p.m.

Liberal

Guillaume Deschênes-Thériault Liberal Madawaska—Restigouche, NB

Madam Speaker, the Criminal Code must meet the public's expectations and evolve with the times.

Bill C-16 proposes criminalizing the creation of deepfakes. When someone's face is manipulated to create deepfakes using tools such as AI and then disseminated, it can have a significant impact on the victim's life. Bill C-16 will criminalize that. It also criminalizes threatening to distribute non-consensual intimate images, because not only can distribution have an impact on victims' lives, so can the threat of doing so.

I think these are important changes to the Criminal Code. I would like to hear my colleague's opinion. Does she also think that this is an important change to ensure that the Criminal Code meets the public's expectations and reflects today's reality?

Bill C-16 Protecting Victims ActGovernment Orders

12:30 p.m.

Conservative

Helena Konanz Conservative Similkameen—South Okanagan—West Kootenay, BC

Madam Speaker, yes, I do appreciate that criminalizing deepfakes is in the bill and that there will be things we will work on in committee, things we agree on, but why has it taken this long to address crime when our communities have been crying for help for years? This is a move in the right direction, but why did it take a decade to get here?

Bill C-16 Protecting Victims ActGovernment Orders

12:30 p.m.

Bloc

Andréanne Larouche Bloc Shefford, QC

Madam Speaker, my colleague just mentioned that much of what is in the bill was requested a long time ago. I agree with her.

She addressed the issue of mandatory minimum sentences for serious crimes and that is something the Bloc Québécois had asked to be reinstated. From what I understand, to ensure that the bill is consistent with the charter and the many Supreme Court decisions that struck down minimum sentences, a notwithstanding clause was included.

As far as the issue of mandatory minimum sentences for serious crimes is concerned, the Bloc Québécois has proposed this amendment many times. I would like to know what that means to my colleague. Is that not something constructive that should be studied in committee?

Bill C-16 Protecting Victims ActGovernment Orders

12:30 p.m.

Conservative

Helena Konanz Conservative Similkameen—South Okanagan—West Kootenay, BC

Madam Speaker, mandatory minimums are extremely important. When a crime is committed, such as the one that was presented to me by a mother whose child, a young person, was beaten in a playground, or extortion or the crimes that have been happening especially of late, they need to have mandatory minimums. That is what we will be pushing for in committee.

Bill C-16 Protecting Victims ActGovernment Orders

12:30 p.m.

Conservative

Jeff Kibble Conservative Cowichan—Malahat—Langford, BC

Madam Speaker, my colleague's speech delved into some positive and constructive criticisms that will help improve this bill.

As it is written, Bill C-16 would allow judges to ignore every mandatory minimum prison sentence other than for murder and treason. Does my colleague feel that this will help reduce the increased crime rates, and violent crime rates specifically, that we have seen in the country?

Bill C-16 Protecting Victims ActGovernment Orders

12:35 p.m.

Conservative

Helena Konanz Conservative Similkameen—South Okanagan—West Kootenay, BC

Madam Speaker, without mandatory minimums there is really no way that crime can be specifically addressed in our communities. Right now, municipalities are buckling under the responsibilities and the downloading they have had to take on because of the crime that has hit. It used to be just cities, but now our rural communities are being hit hard. There is no safe place to go, and mandatory minimums need to be brought forward with this bill.

Bill C-16 Protecting Victims ActGovernment Orders

12:35 p.m.

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, I do not know if the member is aware, but Bill C-16 would reinstate mandatory minimums, which is something Canadians want to see. However, the Conservatives seem to want to oppose even that aspect of the legislation. They want to factor it out. Not only do they want to change the legislation, but they do not even want to see the legislation pass.

Will the member make a personal commitment that she would like to support Bill C-16, in some capacity, to pass before the end of February?

Bill C-16 Protecting Victims ActGovernment Orders

12:35 p.m.

Conservative

Helena Konanz Conservative Similkameen—South Okanagan—West Kootenay, BC

Madam Speaker, the member has been in his seat for many years, and I wonder why it has taken so long to address these very serious issues.

Yes, we will work on this in committee.

Bill C-16 Protecting Victims ActGovernment Orders

12:35 p.m.

Conservative

Jeff Kibble Conservative Cowichan—Malahat—Langford, BC

Madam Speaker, it is an honour to stand in the House to represent the great people of Cowichan—Malahat—Langford on beautiful Vancouver Island.

I would like to take a quick moment to pay tribute to Wanda Wetteland, a 31-year navy veteran. She was a much-loved and long-time member of Branch 134 Malahat Legion. Sadly, she passed earlier this month, just the night before her wedding. We will remember her.

Before us today is Bill C-16, the protecting victims act. On January 5, Laura Gover-Basar, a 41-year-old mother from Vancouver Island, was found dead in her home. Her ex-husband has been arrested and charged with her murder. Laura held a Ph.D. and was an instructor at Camosun College, not too far from where I live. She leaves behind two young daughters who will now have neither parent around to raise them.

Allegations suggest that Laura was a victim of intimate partner violence and that her death was the result of this violence. Her ex-husband was supposed to appear in court for failing to follow a court order in a separate matter the very same day that her body was found.

Nearly 200 people gathered in Victoria to bring attention to Laura's death and highlight the long-standing problem of domestic and gender-based violence. They are calling for government action, and I believe that Bill C-16 is a good start to bringing justice for victims. Among the positive steps are changes that would make the murder of an intimate partner automatically a first-degree murder charge. This is a measure first proposed by my Conservative colleague, the member for Kamloops—Thompson—Nicola, in his private member's bill, Bill C-225, Bailey's law.

Right now, Laura's ex-husband has been charged only with second-degree murder. Under Bill C-16, the law would ensure that her alleged murderer would be charged to the fullest with a first-degree murder charge and also be sentenced to the fullest, as it would come with a mandatory life sentence, life in prison, with no parole eligibility for 25 years.

Laura's tragic case is not an isolated one. As activists pointed out when they gathered in Victoria, this is a decades-long issue that needs to be—

Bill C-16 Protecting Victims ActGovernment Orders

12:35 p.m.

The Assistant Deputy Speaker (Alexandra Mendès) Alexandra Mendes

I am sorry; I have to interrupt the hon. member.

Bill C-16 Protecting Victims ActGovernment Orders

12:35 p.m.

Bloc

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

Madam Speaker, I rise on a point of order.

Do we have quorum?

Bill C-16 Protecting Victims ActGovernment Orders

12:35 p.m.

The Assistant Deputy Speaker (Alexandra Mendès) Alexandra Mendes

That is an excellent question. I will check.

And the count having been taken:

We did not have quorum, but we do now.

The member for Cowichan—Malahat—Langford may continue his intervention.

Bill C-16 Protecting Victims ActGovernment Orders

12:35 p.m.

Conservative

Jeff Kibble Conservative Cowichan—Malahat—Langford, BC

Madam Speaker, Laura's tragic case is not an isolated one, as activists pointed out when they gathered in Victoria. This is a decades-long issue that needs to be solved.

By making femicide automatically a first-degree murder charge, we would see a vitally important step being taken to bring justice to victims like Laura and their families. It is worth noting that the term “femicide” is a little misleading, as the law would apply to intimate partner violence committed by either gender.

Another positive measure that Bill C-16 would bring forward is the banning of deepfake images of intimate partners. This would keep Canadians, especially women, safe from non-consensual intimate images' being created and shared. This proposal originally came from my colleague, the member for Calgary Nose Hill, and her private member's bill, Bill C-216. From that same bill, provisions that would bring mandatory reporting for child sexual abuse material have also been added to Bill C-16, which would help keep our kids safe from the most despicable of crimes.

Bill C-16 would also introduce an aggravating factor for sextortion. This is a step in the right direction, although in my opinion it does not go far enough. My Conservative colleague, the member for Edmonton Gateway, had proposed a three-year mandatory minimum sentence for all forms of extortion, which I would also have liked to have seen in the bill.

Further, Bill C-16 would affect the National Defence Act, and as a member of the Standing Committee on National Defence, I strongly recommend that we get to study this part of the bill in greater detail. The bill would enable victims to receive information from authorities in the military justice system without being required to make official requests. These changes would allow victims the ability to receive information about their rights and available protection measures, and to receive information from the military justice authorities without being required to make the request. This is a shift from the current on-request framing of the National Defence Act's declaration of victim rights for certain categories of information.

With CFB Esquimalt, the third-largest military base in Canada, neighbouring my riding on Vancouver Island, these changes are especially important to many members of my community. I believe that these measures would work hand in hand with Bill C-11, which we are currently dealing with at committee.

I am glad to see that Bill C-16 is utilizing some great Conservative concepts, and I hope that my colleagues across the aisle will also incorporate our amendments for Bill C-11, without which there would be reduced justice for survivors of military sexual trauma. We need to ensure that our responses are victim-centred and trauma-centred. Any steps that lead us in that direction are good steps.

Unfortunately, some steps are missed in Bill C-16. As it is written, Bill C-16 would allow judges to ignore every mandatory minimum prison sentence in Canada's Criminal Code, other than for murder and treason. Parliament sets mandatory minimums for heinous crimes, as is the prerogative of elected officials, but if the Liberals allow judges to ignore mandatory minimums, there would effectively be nothing mandatory about them.

Aggravated sexual assault with a gun, and human trafficking, would not have mandatory sentences. Multiple violent firearms offences, including extortion with a firearm, weapons trafficking, drive-by shootings with a restricted or prohibited firearm, and many other crimes would not have mandatory minimum sentencing under Bill C-16. This simply does not make sense. Are we seriously talking about extremely violent and heinous crimes without a minimum penalty?

This part of Bill C-16 is a significant step backwards for victims and their families. This is not a victim-centred approach. Since 2015, human trafficking has increased 84%, sexual assault is up almost 76% and violent crime is up almost 55%.

Canadians need Parliament to co-operatively take real steps to make our streets safe again. Simply put, removing mandatory minimums would not do that. As elected officials, we must do everything we can to keep our communities safe. It is our job as parliamentarians to set consequences for serious crimes like these. Bill C-16, as it stands, would undermine that outright authority. Canadians deserve to feel safe in their neighbourhood, and victims and their families deserve to see justice served.

There are many aspects of the bill that I agree with. The aspects that are victim-centric and the aspects that are trauma-informed are steps in the right direction that I support in the spirit of collaboration. My concern with the bill lies where victims stop being the focus. I believe that if we bring the focus back to the victims and do not take away parliamentary authority to set mandatory minimum sentences, C-16 could bring some extremely important and needed changes to our justice system.

I hope that my colleagues across the floor will embrace the spirit of collaboration we always offer and be open to our improvements to strengthen the bill to keep mandatory minimum penalties for heinous crimes. We can all agree that we collectively face significant increased crime. With some improvements to Bill C-16, we could work together to bring forward a positive solution for Canada. The ball is in their court.

Bill C-16 Protecting Victims ActGovernment Orders

12:45 p.m.

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, I believe that the member has it wrong. Bill C-16 would reinstate numerous mandatory minimum penalties, something Canadians want to see, yet the Conservatives are opposing it.

We have a series of crime legislation. We can talk about Bill C-29, Bill C-9 and Bill C-14, which were popular pieces of bail reform legislation, or about the legislation we have today. The Conservative Party continues to deny the passage of this type of legislation, and then the Conservatives try to say they are not filibustering. That is just not true. The reason we do not have bail reform legislation passed in Canada today is the Conservative Party of Canada. That is the truth; they cannot change the facts.

Will the member not agree that it is time that the Conservative Party started listening to Canadians, those in Conservative ridings too, and allow important legislation of this nature to pass through the system? The legislation needs to get to the committee. Will the member commit to having the entire legislative agenda in terms of the crime file pass before the end of February?

Bill C-16 Protecting Victims ActGovernment Orders

12:45 p.m.

Conservative

Jeff Kibble Conservative Cowichan—Malahat—Langford, BC

Madam Speaker, the member opposite seems to be quite angry, but I must say that the Liberals have had almost 11 years to resolve this. The committee tried 19 times to put it ahead of Bill C-9, and it was refused. That was our positive, collaborative way to try to bring this forward in a timely way.

However, the bill would take away mandatory minimum penalties for aggravated assault with a gun and for human trafficking. It would take them away for multiple violent offences, including extortion with a firearm, weapons trafficking, drive-by shootings with a restricted or prohibited firearm, and many others.

The point of my speech, and my answer for the member opposite, is that we would ensure that those mandatory minimum penalties, which are focused on the victims, are in the legislation.

Bill C-16 Protecting Victims ActGovernment Orders

12:45 p.m.

Bloc

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

Mr. Speaker, a part of this bill purports to address court delays, more specifically, the harmful effects of the Jordan decision. This is something the Bloc Québécois has been calling for for quite some time.

My colleague is familiar with that part of the bill. Does he believe that passing this part of the bill as drafted will negate the harmful effects of the Jordan decision?

Bill C-16 Protecting Victims ActGovernment Orders

12:45 p.m.

Conservative

Jeff Kibble Conservative Cowichan—Malahat—Langford, BC

Madam Speaker, the bill is not about the Jordan decision; although it could have impact, the bill is about mandatory minimum penalties, and certainly it is worth exploring the potential impact of the Jordan decision that the bill could have. That is why I have suggested that we need to look further into it and make improvements, including consideration for the Jordan decision.

Bill C-16 Protecting Victims ActGovernment Orders

12:45 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, my colleague raised the case, and I raised it earlier in the debate on Bill C-16 because it is so fresh in our minds: Laura Gover was murdered on January 5. It is a very recent case. We operate under the principle of innocent until proven guilty, but her former partner is under arrest and charged with the murder. It certainly appears to be a case of intimate partner violence, in fact a murder, that took the life of Laura Gover, a much-loved mother and educator.

I want to thank the member for Cowichan—Malahat—Langford for raising this case. I part company with him at that point just to ask whether he has looked at the vast literature and research that show that mandatory minimum penalties do not work. They do not deter crime. They do not deter violent crime. There are many places we need to work, and Bill C-16 would deal with some of them in terms of fighting coercive control and doing more in a preventative fashion.

I just ask my friends across the way, including those on the government benches who brought forward the legislation, to look at the evidence before assuming mandatory minimum penalties work.

Bill C-16 Protecting Victims ActGovernment Orders

12:50 p.m.

Conservative

Jeff Kibble Conservative Cowichan—Malahat—Langford, BC

Madam Speaker, I know that the terrible murder that we speak of happened in or very close to her riding. There is much research that shows that mandatory minimums do reduce the impacts and effects of, specifically, very violent and heinous crimes. It is worth looking at all sources and information as we look to improve the bill. I certainly believe that mandatory minimums are a key part of the prevention of—

Bill C-16 Protecting Victims ActGovernment Orders

12:50 p.m.

The Assistant Deputy Speaker (Alexandra Mendès) Alexandra Mendes

We are out of time.

Resuming debate, the hon. member for Shefford.