Mr. Speaker, it is always a pleasure and a privilege to rise on behalf of the good people of my riding.
This is now the third, or possibly the fourth, substantive intervention I have made on Bill C-16, not to mention the numerous interventions during our study at the justice committee and our extensive discussions during clause-by-clause consideration. I want to take this opportunity to pivot in a new direction. I want to take this opportunity to explain to Canadians the truth behind the bill, not the fiction and not the utopian world that the Liberal government is trying to portray.
We have heard so often that it is like Chicken Little. The new Liberal government says that it is so serious about community safety and victim rights and that it is taking its responsibilities seriously. I have always said, during the numerous town halls I have conducted across this country, that the number one responsibility for the tired Liberal government is to keep Canadians safe. Why is it that after the 2025 election, there are three pieces of criminal legislation that would only move the needle so far but would not complete what is necessary to restore balance in our criminal justice system?
We could take, for instance, Bill C-9. Everything was progressing reasonably at committee on Bill C-9 until a backroom deal was brokered between the justice minister and the Bloc Québécois to remove a 52-year-old statutory defence in the Criminal Code and potentially criminalize preachers and faith leaders who read out passages from their religious texts. That is Bill C-9.
On Bill C-14, the government heard from all major stakeholders in this country for years. They were pleading and begging the government to give them the tools to keep violent repeat criminals off the streets. They were terrorizing communities and terrorizing victims. The government claims that it listened to those calls. It introduced Bill C-14. We talked about the principle of restraint in Bill C-14, which the government introduced under Justin Trudeau in 2019. It mandated that all accused were to be released at the earliest opportunity on the least restrictive conditions. We Conservatives said that we needed to put the appropriate brakes on those who would terrorize our communities repeatedly. We needed to replace the principle of restraint with the principle of protection of the community.
Hence, the member for Oxford, my colleague, brought the jail not bail act, a reasonable piece of legislation supported by major police associations and chiefs across this country. The government rejected it, and now we are debating Bill C-16.
Again, I want to separate fact from fiction. The fiction the government is trying to demonstrate and argue is that Conservatives were always obstructionist when it came to debating Bill C-16 in committee, when we were looking at and studying the bill. The fact of the matter is that 99% of Bill C-16 was always supported by the Conservative Party of Canada. There was a poison pill and a red line, which is contained in clause 63 of the bill, that would completely upend the effectiveness of our criminal sentencing regime. It would cause mandatory minimum penalties to no longer be considered mandatory minimum penalties by allowing judges, of their own accord or through application by the accused or their defence counsel, to argue that the application of a mandatory minimum penalty would result in cruel and unusual punishment.
Where did this discussion come from? It came from that disastrous decision by our highest court just a few blocks down from this hallowed House, the Supreme Court of Canada. It ruled in Senneville that a one-year mandatory minimum penalty for the collection and the accessing of child sexual abuse material is contrary to section 12 of the charter.
These two individuals who brought their case to the Supreme Court of Canada had amassed hundreds and hundreds of still images and videos of victims as young as three years of age engaged in the most grotesque form of sexual activity with adults. Our learned justices down the road deemed that it would be cruel and unusual punishment to subject those two sadistic perverts to serve a one‑year mandatory minimum penalty. If I were the justice minister, I would say one year is not enough. Lock them up for five years, because that is where they belong, or longer. If we were talking about a similar case a few hours away from the Ottawa region in the United States, in New York state, those two sadistic perverts would be looking at double digits in prison. That is the difference between our two justice systems. What is even more appalling about that decision, and this is the problem with Bill C‑16, is that the trial judge on their own determined that notwithstanding the size of the collection and the content, as disturbing as it is, a one‑year mandatory minimum penalty was too harsh. That trial judge gave those two perverts a 45‑day weekend sentence.
What was our reaction? The collective will of Canada was shaken at its core. What is going on with our judges? What is going on with our justice system? It is no small wonder that Canadians and victims have a lack of confidence in our criminal justice system, when they see the highest court in this country ruling in the fashion that it did. We urged and pleaded with the government to come up and deal with this and use the notwithstanding clause. Section 33 of the charter has been enshrined in our charter since 1982. We would not have a charter but for section 33, but no, the government cannot do that. No, we now have to give judges that ultimate discretion to determine on their own whether a mandatory minimum penalty is appropriate in the circumstances, and there are only a few guardrails. Condition number one is that the only two offences they cannot touch are murder and treason. Condition number two is that they have to impose a jail sentence. However, in that regard, there is nothing stopping judges across this country from imposing a one-day jail sentence or a time-served jail sentence. Under Bill C‑16, that would be a lawful sentence.
I asked the justice minister repeatedly in this House and repeatedly at committee, if they wanted to bring back mandatory minimum penalties that have been struck down, why can they not go further and include everything that was eliminated by Bill C‑5? Bill C‑5 is that disastrous piece of legislation that I warned David Lametti, then justice minister, would lead to adverse consequences. Now we have drug traffickers of fentanyl and other kinds of synthetic opiates, whom the judges across this country are calling the merchants of death, enjoying conditional sentences. They were once to be locked up for years, but now they can make an argument for a conditional sentence. Our justice minister shamelessly refused to bring back mandatory minimum penalties for all the drug offences and the majority of the weapons offences, including extortion with a firearm, which is raging across this country.
For all those reasons, as indicated, I would encourage this entire House to vote against Bill C‑16.
