Rob Nicholson

[Criminal Code, June 15th, 2017]

Mr. Speaker, I am pleased to rise in the House to speak to this latest bill introduced by the Minister of Justice, an act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act. Our colleagues are right when they call this the justice omnibus bill, and this is one of the discussions I have had with my colleague, the member for St. Albert—Edmonton, on all the different areas that are covered by this bill.

One of the things I have notice in question period is that any time Liberal cabinet ministers get up, they always thank the members of the Liberal Party for all their hard work and support. I wanted to use that precedent to thank the hon. member for St. Albert—Edmonton for all the work he has done in the justice area.

He is correct, and my colleagues are correct when they call this an omnibus bill. I believe it was in March of this year, the government House leader introduced a paper on the whole subject of omnibus bills, and stated:

Omnibus bills can be defined as a bill that contains separate and unrelated themes packaged into one bill. Members are then forced to vote for or against a bill that could have elements that Members would support or oppose. The only recourse for Members has been to seek to divide omnibus bills in committee, but these motions rarely come to a vote or are agreed to by way of unanimous consent.

Bill C-51 fits that description, because rather than dealing with one issue, the bill proposes to tackle at least four different matters at once. First, the bill sets out to clarify and strengthen certain aspects of sexual assault, relating to consent, admissibility of evidence, and legal representation for the complainant; second, the bill repeals a number of provisions in the Criminal Code that have been found unconstitutional by appellate courts, and other provisions that, in their opinion, might likely be found unconstitutional; third, the bill repeals several obsolete or redundant criminal offences; and fourth, it introduces a requirement of a charter statement to go along with any new government bill proposed by the Minister of Justice in the future.

In addition, as the government House leader's paper reads, “Members are then forced to vote for or against a bill that could have elements that Members would support or oppose.”

The bill has elements that we support, but there are some elements that we oppose. First, let me be very clear. We strongly support what Bill C-51 does in terms of clarifying and strengthening the sexual assault provisions. I appreciate the comments from the parliamentary secretary when he said that Kim Campbell introduced these in the early nineties, when I had the privilege of being her parliamentary secretary. It was great to work with her. There were so many different elements that we had to move on in the Criminal Code, and of course, this had the support of the Right Hon. Brian Mulroney throughout, and our efforts to stand up for victims and to protect law-abiding Canadians.

We support the provisions that the government has put in, among other things: to clarify that an unconscious person is incapable of consenting; to clarify that the defence of mistaken belief in consent is not available if the mistake is based on a mistake of law; to expand the rape shield provisions to include communications of a sexual nature or sexual purpose; to provide that a complainant has a right to legal representation in rape shield proceedings, that is an excellent idea; to ensure that an individual's previous sexual history has no bearing on questions of consent; and to create a regime to determine whether an accused can introduce a complainant's private records at trial that are in their possession. These are all very important. I believe they are all changes that we as Conservatives support.

In addition, we are supportive of Bill C-51 where it repeals and amends a number of provisions of the Criminal Code that have been found unconstitutional by appellate courts . We have seen before the risks and hurt that can be caused when sections of the Criminal Code have been ruled unconstitutional and are not removed.

One does not have to look any further than the Travis Vader murder in Alberta, during which the judge convicted the accused under an unconstitutional provision. Consequently, and unfortunately, the case had to be re-tried, causing difficult hardship, and unnecessary pain for the victims' families. Removing provisions that had been ruled unconstitutional by the courts is an important measure to take.

With that said, we take issue with some parts of this legislation. For one, we disagree the government needs to introduce a charter statement for every new piece of government legislation that is introduced by the Minister of Justice and Attorney General of Canada. Although the required charter statement sounds like it might be a good idea, Canadians know that many safeguards already exist. First and foremost is the Charter of Rights and Freedoms itself. Coming into effect 35 years ago, the charter's objective is laid out in section 1:

The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

The Canadian governments, both Liberal and Conservative, have been introducing justice legislation since 1982, after the charter came into effect. It has never been a requirement that the government create a charter statement for every justice legislation. It is simply not necessary.

Any legislation that is controversial can be challenged by citizens or groups in court. This will always happen regardless of this new charter statement. I have no problem with the idea of charter statements in general. In fact, if this minister so desires, I would welcome her attaching this to all the legislation that she puts forward. However, to require these as statements by law is another matter. I think it is unnecessary.

If she wants to put out a statement that she believes it complies with the Charter of Rights and Freedoms, she should also include that it complies with the Canadian Bill of Rights that has been in place in this country since 1960, since John Diefenbaker was prime minister. She could do that, but it is unnecessary to bind all future governments and justice ministers by putting that in.

Lastly and most importantly, the Conservatives disagree with some of the sections that the government claims are obsolete. In particular, I want to bring to the attention of the House our opposition to clauses 1 and 14 in Bill C-51.

First of all, in clause 1 of Bill C-51, the government is proposing to repeal section 49 of the Criminal Code. This is what that section currently says:

Every one who wilfully, in the presence of Her Majesty,

(a) does an act with intent to alarm Her Majesty or to break the public peace, or

(b) does an act that is intended or is likely to cause bodily harm to Her Majesty, is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

I do not really get why the Liberals are doing this. I was thinking about this on Sunday. I was in Niagara-on-the-Lake for the 225th anniversary of St. Mark's Church. The sermon was given by Bishop David Ralph Spence, who said there were three themes he wanted to talk about. One was the 225th anniversary of St. Mark's Church, and all the good that this church has done, and all the good that has come from the people who attend that church, and what an asset that has been. That church goes right back to when Governor Simcoe was the Governor of Upper Canada, back in 1792. That was one of the themes he wanted to talk about.

Then he said he wanted to talk about the 150th anniversary of Canada, and what an asset our country has been since Confederation in 1867. Then he also made a very interesting point. He said that this year is also the 65th anniversary of Her Majesty Queen Elizabeth's accession to the throne. He talked about, and I was thinking about it at the same time, what a wonderful individual she has been in terms of public service to this country as our head of state. Why would the Liberals decide in her 65th anniversary on the throne that it is a good idea to get rid of the section that specifically protects our head of state against anyone threatening or attacking her? It makes no sense to me.

I am also disappointed about the proposed clause 14 in Bill C-51, which would repeal a number of sections and replaces them with something entitled “Trespassing at night”. In short, that clause would get rid of section 176. One of my colleagues raised this matter with the parliamentary secretary.

This section does nothing other than protect the safety and well-being of religious clergy and ministers against dangers and threats. This section also deters someone from disturbing or interfering with a religious worship and ceremony. By repealing this section, the government would be removing the only provision in the Criminal Code that directly protects the rights of individuals to freely conduct the practice of their religion, whatever that religion may be. At a time when news stories are increasingly reporting attacks on religious communities, this concerns me. I have to stand up for the rights of my constituents and all Canadians to practise their religion without fear, recrimination, violence, or disturbance.

The irony of this is that we had a number of debates in the House when the Liberals were telling us how concerned they were about people's right to practise their religion without fear, intimidation, hatred, or prejudice. That is what they said. I did not get into the debate with the parliamentary secretary. This is not obsolete, it is not unconstitutional, it is very important. It is important enough, I can tell the House, that just this year a woman was charged under this offence for allegedly breaking the statue of Jesus at Saint Patrick's Basilica in downtown Ottawa. That section is being used right now, so I cannot imagine why the Liberals would want to repeal it.

I suggest to the Liberals that when they go home this summer, they should tell members of their clergy and people in their ridings that they are removing the section that protects people's right to conduct religious ceremonies, and getting rid of the section that specifically outlaws people who disrupt a religious service. I would be very interested in the feedback they will get on this.

I will be talking to my constituents about this, because they have a right to know that this is the proposal from the Liberal Party. In September, I am going to ask my colleagues what their constituents said and whether they thought it was something they have to get rid of, that anybody who causes a disturbance or threatens somebody is the same thing as a fight in a bar somewhere. I am willing to bet that their constituents will say that it is very serious for anybody to threaten a member of the religious community, or in any way disturb a religious service.

I am hoping the Liberals will reconsider both of those provisions. They are both important to continue. In keeping with the comments I made earlier with respect to this omnibus legislation about how we support some sections and do not support others, I move that notwithstanding any Standing Order or usual practices of the House, when Bill C-51, an act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another act, is referred to the Standing Committee on Justice and Human Rights, it be an instruction to the committee that during its consideration of the bill, the committee be granted the power to divide the bill into three pieces of legislation, one bill containing clauses 1 and 14, one bill containing sexual assault provisions, and one bill containing the remaining provisions of Bill C-51.

[Business of Supply, June 14th, 2017]

Mr. Speaker, I wonder if the member could help out with this from his discussions with his colleagues, particularly those who were here in the previous Parliament.

This was a bill that was introduced by my successor, the Hon. Peter MacKay. The bill did one of the things that gets talked about here a certain amount of time, such as increased mandatory penalties for certain sexual offences against children, and increased maximum sentences for violations of prohibition orders and peace bonds. A big part of the bill addressed what we are talking about, and that is the public sex offender registry.

Here is where I want to get some assistance from the hon. member. When this bill came up for second reading, I still remember to this day that it was supported by the Conservatives, Liberals, and the NDP at second reading to send it to committee. Believe me, it sticks out in my mind when the NDP and Liberals were supporting a bill that we presented to get tougher on crime. I am sure it may have happened some other time, and maybe it will happen again in the future. That being said, the bill was sent to committee, and when it returned here at third reading, it was carried by a voice vote here. Therefore, we had support all the way along. It was not something that came up three days before the election that the Conservatives were going to put in. As my colleague for St. Albert—Edmonton pointed out, it was consistent with what we were doing.

The NDP supported us on this on the registered vote at second reading. We got it passed easily at third reading. What happened in the meantime? Does the member have any theories as to why the Liberals have changed their minds on this?

[Business of Supply, June 14th, 2017]

Mr. Speaker, the hon. member has summed it up very well the challenges parents face under the present law. I believe the law previous to Bill C-26 was helpful. I believe these are important steps. All we are trying to do is to increase that protection that will be available to parents, because we have all heard stories, and I appreciate my colleague raising the question of a particular individual. Parents and people have the right to know if their safety is at risk, and particularly the safety of their children.

I should be clear, it is not just confined to children. There are obviously sexual predators who attack people of all ages. That being said, we have passed that law in Parliament, and I ask my colleagues on the other side to have a look at it, study it, but let us get moving on it.

[Business of Supply, June 14th, 2017]

Mr. Speaker, it would be very specific as to where these individuals are. There would not be some broad definition or announcement that this individual has moved into a particular area. Rather, people would be able to go online themselves and check it out. If they missed the warning the community had been given, they would be able to check that for themselves. That is what we want to do. It is the next logical step in better protecting our children. That is what the bill is all about.

The bill received royal assent. It is the law of this country. Therefore, I am asking the Liberals to go ahead with it. Members should ask parents in their community if they think this would be the next best step to help them, so they are not caught by surprise. We see incidents of this all the time, where some individual has been convicted, and many times the public was unaware or did not hear the announcement that the person had been released from jail. This is just one more step, and that is the way we have to look at it. I am not in the business of criticizing all of the efforts that have been made with respect to this, but we can make the system better. That is exactly what this bill would do. It was passed by Parliament. Therefore, I am asking the Liberals to do the right thing and implement it.

[Business of Supply, June 14th, 2017]

moved:

That the House:

(a) acknowledge that Bill C-26, Tougher Penalties for Child Predators Act, received Royal Assent on June 18, 2015;

(b) acknowledge that through two federal budget cycles, the current government has failed to fund and implement this Act, as passed two years ago;

(c) agree on the public safety importance of a publicly accessible high risk child sex offender registry database; and

(d) re-affirm that Canadian citizens have the right to know about dangerous and high risk child sex offenders living in their community and neighbourhood for the purpose of protecting their children, families, and loved ones;

accordingly, the House call upon the Minister of Public Safety and Emergency Preparedness to fully implement Bill C-26, Tougher Penalties for Child Predators Act.

Mr. Speaker, I have the honour of sharing my time with the member for St. Albert—Edmonton.

Under our Conservative government, Bill C-26, also known as the Tougher Penalties for Child Predators Act, received royal assent on June 18, 2015. That was just a few days before the election was called.

I rise in this House to address a recent access to information report in which it states that the Liberal government is considering not releasing the publicly accessible registry names of persons found guilty of sexual offences against children to communities where these individuals reside.

Canadians are disturbed and perplexed by this report. Parents across Canada have the right to know if convicted sex offenders are living in their neighbourhood, so that they can better protect their children. Taking away this tool from parents puts children across the nation at a greater risk.

Under our Conservative government, I am proud to say that Canadian children were fully protected. If the Liberals do not make public the names of these high risk child sex offenders, it will increase the jeopardy under which Canadian children can be exposed.

The Conservative government put that law in place to safeguard children. As I indicated, in June 2015, it received royal assent. A day later, the parliamentary session ended for the summer. The Conservative government, though, set in motion a directive to the RCMP to take the necessary steps to implement the program.

It is two years later, and we have yet to see this database made public. Parents across Canada are justified in wanting to know why the Liberals have not acted on this. If a dangerous sex offender has been released or has moved into a neighbourhood, people should have the right to know. Parents, regardless of their political affiliation, want to be informed. It is the only way to ensure we are doing everything possible to safeguard our kids.

The question really is, why has the government not implemented it? Its legislative priorities, I would suggest, are skewed. It has introduced a bill that ensures that individuals do not pretend to practise witchcraft, and it has banned duel challenges. I do not know about other members, but the last time I checked my neighbourhood, fake witchcraft and duelling in the streets were not an issue.

What would be an issue is if a convicted sex offender moved into the house next door, and that information was not made accessible to neighbourhood parents through our high risk child sex offender database.

The Liberals need to explain this to Canadians. I am at a loss. Again, I pose the question to the government, does the government plan to make this publicly accessible high risk child sex offender database public, and if not, why not?

The other day in question period, the Prime Minister cited that the government was not left with any money from the previous government to implement the registry. This is completely inconsistent with its messaging. The government has been telling Canadians for the last 20 months it has billions of dollars to spend on everything. It would have us believe it has been struck by fiscal conscience, and it cannot justify the expenditure?

It would seem the Liberals have plenty of money to spend on staff junkets to Paris, Washington, and other extravagant trips. It does not seem to have any difficulty spending billions of dollars, and running a huge deficit that will ensure the budget will not be balanced until well after 2055.

The argument that it simply cannot afford to spend money on the high risk child sex offender database does not hold water. How is it the government can defend not budgeting these monies which would better protect our children? Is there a price that can be placed on the safety of our most valuable resource? I think not.

Had the Liberals employed the database after they formed government in 2015, how many children would have been spared such a nightmare? This is the whole idea of putting this forward.

We hear stories all the time of somebody having been picked up and, for whatever reason, the police had not made it known to them. I am the first one to compliment the members of the police and support them, but we have to take this added extra precaution. That is what we are talking about, so we are not reading stories in the newspaper about some convicted sexual predator, who has moved into a neighbourhood and the parents did not know about it. That is what we are saying.

I am not saying the police do not often notify communities, but I want parents to have the ability to go right into the database themselves to make sure these individuals are being watched, and they have the opportunity to know exactly who is moving into their neighbourhood. It is a step in the right direction. The database has been around for some time, but to make it publicly accessible was something new under our Conservative government. I challenge anybody in this House to argue that children will not be better protected if they have this. I challenge them to explain how children would not be better protected if people have the opportunity to check the registry.

I am not in the business of criticizing police members. We support them. They have been a tremendous support for everything we have done, and certainly everything we did as a government. However, this is one more protection we want to put in place. With respect to the question of how this would affect those individuals, I want to see those individuals get help. There is no question they should get help, and I am completely supportive of that.

I do not accept what the Liberals have said, namely, that there was no money for this. First, the election was called a couple of days after it passed. Second, the RCMP is given funds to put these things together, which it has been doing over the last couple of years. Perhaps the Liberals have moved on from the argument that they have no money for this. However, I challenge them to answer this question. Would children, the most vulnerable in our society, not be better protected with a public child sex offender database?

[Public Safety, June 14th, 2017]

Mr. Speaker, the Liberals are going to end any prospect of the public child sex offender registry that was passed by this House two years ago becoming a reality. First they said they did not have any funds; now they just want it cancelled.

I am asking the Prime Minister to make the rights and interests of innocent and law-abiding Canadians the number one priority. What is the problem with that?

[Public Safety, June 13th, 2017]

Mr. Speaker, in June of 2015 our Conservative government passed the high-risk child sex offender registry, and since then, the RCMP have been working to implement this publicly accessible database. However, now the Liberals are telling us that they have no money to fund it. That is ridiculous. The Liberals have been telling us they have billions of dollars for anything, so no one is buying this argument.

This database would help protect the safety and well-being of children against dangerous high-risk child sex offenders living in their neighbourhood. I say to the Liberals, do the right thing. It is not that hard.

[Public Safety, June 7th, 2017]

Mr. Speaker, I do not understand why this concept is so difficult. The registry was created by the Conservative government, and it was there to give the public information they need to remain safe. I can appreciate that the subject of victims, innocent Canadians, is not a priority for the government, but nonetheless, I am hoping that the Prime Minister will look at this and say, regardless of the Liberal record in this area, that we must and should protect our children. Will the Prime Minister do the right thing, yes or no? Canadians deserve to know.

[Public Safety, June 7th, 2017]

Mr. Speaker, we are seeing reports that the government is considering stopping public access to the national sex offender registry. We are all familiar with the Liberal record with regard to vulnerable Canadians. They voted against the recent motion to support people living with autism, and they voted against Wynn's law, whose only purpose was to protect innocent Canadians. That is why we want to know if the government is now prepared to keep secret from the public that dangerous and high-risk sex offenders are living in their neighbourhoods.

My question for the Prime Minister is straightforward. Does he believe Canadians have the right to know, yes or no?

[Cannabis Act, June 6th, 2017]

Mr. Speaker, I really do not get the Liberals' rationale whatsoever on this. I just heard one Liberal member of Parliament say that the highest consumption of cannabis in the world was in Canada. Does he think it will go down once we legalize this, that we will get some statistics, that everybody will say to forget it, that now that it is legal they will not use it. I do not think we will see this, but this is part of the rationale.

The other thing the Liberals keep telling us is that they are doing it to protect children. The minister must have heard the same thing people have said to me. Could there be any greater access for children than to have four three-foot plants in one's kitchen, have a mini grow-op in one's house, and somehow we are protecting children? Surely she has had that same criticism directed toward this legislation. This is why we are so vehement in our opposition to it.

Has she heard what people say? Children will get it if it is growing in the kitchen?