Vic Toews

[Safe Streets and Communities Act, September 22nd, 2011]

Mr. Speaker, last year, there were 2.1 million reported crimes. Statistics Canada indicates that the rate of reported crimes is going down. Reported crimes dropped to about 31% from about 34%.

The point is that many people have simply given up trying to deal with the justice system. What we are doing, as opposed to what the opposition is trying to do, is restoring faith in the criminal justice system. Every individual should be entitled to walk down the street ,not just during the day but 24 hours a day. It is our right as Canadians. We have a right to be safe from criminals.

[Safe Streets and Communities Act, September 22nd, 2011]

Mr. Speaker, only a socialist would say that bringing a dangerous prisoner back to Canada and putting that individual back on the street would be great for public safety.

We are concerned about that relationship with the United States. I had a long conversation with the homeland security secretary and she was not aware of the kind of prisoners the Americans were holding there. Prisoners spend 85% of their time doing federal time and, when they get federal time, as some prisoners might know, it is a long period of time, and they spend most of it down there. The reason they want to come back to Canada is that they can get out on parole after one-sixth or one-third of time spent and then they are back out on the street where they commit more offences and victimize more Canadians.

Appropriate criteria is set out in the bill. I would point out that the Federal Court recently came out with a whole series of decisions saying that the minister has a broad degree of discretion in making these decisions. However, we want to put some more guidelines in place. This legislation would give the exact guidelines that the member is looking for.

[Safe Streets and Communities Act, September 22nd, 2011]

Mr. Speaker, I note with some interest that members of the NDP laugh when we talk about the issue of crime. They think crime is funny. They may live in safe, secure, gated communities where they do not have to worry about that kind of thing but most people are concerned about crime.

For example, in 2009, in Winnipeg, the violent stuff, sexual assaults, robbery and murder, jumped by 11%. That same category of crime in 2008 went up by 14%. That is 25% in those two years. It is no wonder that an NDP government came to us and asked if we could do something about the legislation.

Those individuals who sit in the luxury of their seats here and perhaps in the luxury of Ottawa may be insulated from crime, or maybe not. Maybe they are insulated from the reality that their constituents are facing. Let them laugh, but it is their premiers who have been asking for this type of legislation. They should go back to their premiers and ask why they wanted this legislation and why we are bringing it forward.

[Safe Streets and Communities Act, September 22nd, 2011]

Mr. Speaker, let us be clear. Every single province supports this legislation. These legislative provisions, including the Truth in Sentencing Act passed last year, were asked for and passed by provincial governments of every political stripe. Therefore, I suggest to those individuals who now stand up and pretend to be speaking on behalf of the provinces to ask their premiers what they said to us in terms of bringing this forward.

In respect of two or three for one credits, lawyers were telling their clients to stay in remand to receive those credits so that once sentenced they would basically be free and out on the streets. The provincial authorities realized this was clogging up their system. For example, 70% of all prisoners in Manitoba were in remand.

This legislation gives no incentive for offenders to remain in provincial institutions. Rather, they would go to trial quickly or plead guilty and receive sentencing so that appropriate programming could be delivered to these sentences.

I would advise the hon. member to ask his premier why that province supports this legislation.

[Safe Streets and Communities Act, September 22nd, 2011]

Mr. Speaker, let me deal with the issue of mandatory minimum prison sentences.

We know that an offender in prison is not out committing offences. It is called incapacitation to commit offences. It is a very important aspect of criminal justice.

The American studies indicate that for every year dangerous offenders are out on the streets they commit at least 12 serious offences. Having mandatory minimum prison sentences for dangerous offenders ensures they will not be out victimizing another 12 people.

My colleague fails to understand that while some of the American states do not have mandatory minimum prison sentences they do have sentencing guidelines that are actually used by judges who adjust them up or down accordingly under very strict conditions. Therefore, they in fact do have mandatory minimums.

Another point made to me by the homeland security secretary was that the reason Canadians want to come back to Canada is that they are released on parole after serving one-sixth or one-third of their sentences, whereas when serving sentences in an American federal institution, they receive 15% off for good behaviour. Therefore, time served in the United States is actually real time as opposed to the sentences being imposed here.

[Safe Streets and Communities Act, September 22nd, 2011]

Mr. Speaker, I am delighted to have a chance to speak to Bill C-10.

The legislation before us today fulfills one of our government's strongest commitments made to Canadians, both in the Speech from the Throne and our 2011 election platform, a commitment that we would take action to make our streets and communities safe and to stand up for victims.

I am very proud of our government's strong record on making families safer. Not only is this what we were elected to do, but it is what we have made a point of doing from the first day we took office back in 2006.

Canadians have spoken loudly and clearly about their expectations from day one as well. They have told us that law enforcement agencies must have the resources they need to make our communities safe; they want the rights of victims, law-abiding Canadians, to be considered first; they want serious offenders to be held accountable by serving sentences that reflect the severity of their crimes; and they want to see action that will help to prevent crimes before they happen.

Our government listens to Canadians, which is why we have delivered in each of these areas.

Our government is making communities safer by giving our police the tools they need to strengthen the protection of victims and law-abiding Canadians. For example, we have hired over 1,000 additional RCMP personnel as part of our effort to combat crime.

We also said that we would provide funding to the provinces and territories to allow them to hire additional police officers. We delivered on that commitment with a one-time $400 million police officer recruitment fund. I am very pleased to note that Statistics Canada reported last December that the number of police officers across Canada is now at its highest point since 1981. From 2009 there was an increase of almost 2,000 police officers on our streets.

On the legislative side, our government has passed a number of laws to crack down on crime, especially violent crimes. For instance, we have taken steps to champion the rights of victims in the justice system by ensuring offenders serve sentences that reflect the severity of their crimes. Before we passed the Truth in Sentencing Act, serious criminals were receiving two-for-one or sometimes three-for-one credit for time served while in pre-sentence custody. Of course, this was clogging up our provincial remand centres in places like Manitoba, where 70% of the prisoners were in fact remand. Once we passed the two-for-one and three-for-one, that of course moved the people out of the provincial system and into the federal penitentiaries.

Our government has passed the Serious Time for the Most Serious Crime Act to ensure first-degree murderers serve their life sentences of 25 years without the possibility of early parole through the so-called “faint hope clause”. Our government also passed reasonable measures to ensure that convicted con artists, fraudsters, and drug traffickers cannot be released onto our streets after serving just one-sixth of their prison sentences. This was unacceptable to Canadians, and our government has taken action. I want to specifically point out the assistance that was provided by the Bloc Québécois in assisting us in passing that in a minority Parliament.

The measures I have listed thus far are but a few examples of our efforts to keep communities safer, give police the tools to fight crime, and assert the rights and interests of victims of crime. However, are we finished? Not by a long shot.

As stated in the Speech from the Throne, “Our government will be here for all Canadians—for individuals, for families and for all regions of the country—as together we move Canada forward”. We will continue to be “here for law-abiding Canadians” since “the Government of Canada has no more fundamental duty than to protect the personal safety of our citizens and defend against threats to our national security”.

Victims have a right to be safe from the people who have done them harm, and our children have a right to be safe from sex offenders, which is why I am very proud that our government passed legislation to strengthen the national sex offender registry and the national DNA databank so that all sex offenders are registered with the police. Of course, when the Liberals passed that legislation in 2002, they deliberately put administrative blocks in the way, additional hearings that would have to take place after conviction, with the result that over 40% of those who were supposed to be on the DNA registry and the sex offender registry were not there, simply because of the administrative burdens.

This is typical of Liberal legislation. The Liberals try to appease the voice of victims by bringing forward legislation while through the use of administrative hurdles ensuring that the legislation cannot accomplish what it was set out to do. Therefore, it discourages Crown attorneys, courts and police officers from actually proceeding with those additional hearings.

What we have done is made those registries automatic upon conviction, which is only proper. Anyone who has been convicted of a serious offence should be on the registry.

Tackling crime on all fronts remains a key priority for the government, as it is for all Canadians. This is why I am proud to support the legislation before us today as it builds upon our government's already impressive track record of cracking down on crime and standing up for victims. Indeed, one important component of Bill C-10 involves standing up for victims, and specifically victims of terrorism.

The bill proposes a fair and balanced approach in allowing victims of terrorism to seek redress. First and foremost, the proposed legislation would allow any victim of terrorism to sue the perpetrators of terrorism and their supporters. The bill would allow these victims to seek redress for a terrorist act that occurred on or after January 1, 1985.

I also want to emphasize that Bill C-10 would allow victims to sue supporters of terrorism. This is crucial, because we all know that terrorist organizations rely on financial support to operate. By targeting such supporters, the legislation would become yet another important tool in our fight against terrorism.

Since the target of legitimate lawsuits could include certain states known to support terrorism, the proposed government legislation contains provisions to amend the State Immunity Act. Specifically, it would authorize the government to create a list of states that could be sued for their role in supporting perpetrators of terrorism.

Bill C-10 strikes the right balance. It addresses the needs of victims for redress against perpetrators and supporters of terrorism while preserving the important international relations that Canada enjoys.

From its first day in office, this government has been working to ensure that law-abiding Canadian families feel safe and secure in their streets and communities. With Bill C-10 it is taking the next logical step in the fight against terrorism. We are giving victims not only a voice but a legal means to seek justice against those who cause them harm.

In addition to proposing measures to stand up for the victims of crime, Bill C-10 would also introduce reasonable and balanced provisions to help ensure that offenders are fully held accountable for their crimes.

In 2010, our government passed important legislation to provide the Parole Board of Canada the discretion to refuse a pardon in some cases.

Bill C-10 would further strengthen reforms to the current system of pardons in this country in a number of ways.

First, it proposes to replace the term “pardon” with the more appropriate designation of “record suspension”. This would better reflect what is actually taking place.

We need to be clear about what this mechanism would and would not do. We believe the term “record suspension” better reflects the purpose of the legislation, that being to close off general access to a criminal record in appropriate cases as opposed to expressing forgiveness for the offence. After all, it is up to the victims to decide whether or not to forgive the criminals who have abused them, not the government.

This change in terminology is an important one in terms of reinforcing the role of this legislation and eliminating pardons for serious crimes.

Second, the government is clear in Bill C-10 that eligibility for a record suspension would be more restrictive. Bill C-10 would ensure that no one convicted of committing a sexual offence against a child would be eligible for a record suspension.

There are some crimes that should never have the opportunity to be sealed. We believe that sexual offences against children is one of them. Unlike members of the New Democratic Party, we do not believe that those who sexually abuse children should be able to hide their criminal records.

On top of this, individuals convicted of more than three indictable offences would not be eligible to apply for a record suspension if they have received a federal sentence for each of those offences. We believe this is a fair balance between those who have committed a few youthful indiscretions and repeat offenders with serious criminal histories.

In addition, the waiting period to apply for a record suspension for summary offences will be increased from three to five years and from five to ten years for indictable offences. However, the reforms we propose will better align the pardon system with the public's expectation for a fair system, yet one that distinguishes those who have committed serious crimes and whose records should not be sealed.

As well, Bill C-10 would help to enhance offender responsibility and accountability while strengthening the management of offenders during their incarceration and parole. It would also give victims access to more information about the offenders who have harmed them and modernize disciplinary sanctions for offenders serving their sentences.

Bill C-10 would amend the Corrections and Conditional Release Act to emphasize that the primary purpose of corrections and conditional release is the protection of society. As the House is aware, in 1971 solicitor general Jean-Pierre Goyer stated that rehabilitation would be the first concern of the state, rather than public safety. We have seen the justice system turned on its head by that pronouncement and subsequent legislation. Since 2006, our government has been working to turn the justice system right side up by ensuring that the interests of victims and the public are paramount to those of convicted criminals.

Unlike the NDP and the Liberals, the primary purpose we are expounding is in line with key recommendations from the independent review panel that our government established in 2007 to review Correctional Service Canada's operational priorities, strategies and business plan. It is also in line with our commitment to put the interests and safety of law-abiding Canadians first in the justice system.

The amendments before us today would require offenders to conduct themselves in a way that demonstrates respect for other people and their property. As well, they will require all offenders to obey all penitentiary rules and conditions governing their release while also actively participating in the setting and achieving of objectives in their correctional plans.

Since a corrections plan plays a key part in offenders' rehabilitation, Bill C-10 proposes amendments to ensure that a correctional plan is completed for each offender, who sets out objectives for behaviour, program participation and the meeting of their court-ordered obligations, such as restitution for victims. As well, Bill C-10 would modernize the system of discipline in federal penitentiaries by addressing disrespectful, intimidating and assaultive behaviours by inmates, including the throwing of bodily substances.

Bill C-10 also proposes to strengthen the management of offenders in their reintegration into society by allowing police officers to arrest without a warrant offenders who appear to be in violation of their parole. Our government is delivering on these changes asked for by police and other criminal justice partners.

Victims have also long requested access to more information on offenders and to have a greater say in the justice system. Bill C-10 would deliver on this in a number of ways. The bill would allow victims to obtain information on the reasons for a temporary absence, offender transfer, offender program participation and any offender convictions for serious disciplinary offences.

Also, a victim's right to attend and make statements at a Parole Board of Canada hearing would be enshrined in law. As well, in most cases offenders would be prevented from withdrawing their parole applications 14 days or less before a hearing date, which routinely happens and often causes further suffering to victims.

These proposed amendments are balanced and fair. They respect victims and hold offenders accountable.

Finally, Bill C-10 proposes important amendments to the International Transfer of Offenders Act in order to expressly include public safety as a purpose of that act. This would provide a more flexible decision-making framework and would ensure that the protection of society is paramount when the minister is considering an offender's request to be transferred.

I find it amazing that opposition members continually talk about how terrible Canada's prisons are. However, Canadian prisoners convicted abroad continually want to come home, and foreigners who are incarcerated in Canadian prisons do not want to leave. That should give the opposition an indication of the relative benefits of being in a Canadian prison.

Bill C-10, the Safe Streets and Communities Act, will further strengthen our government's already impressive track record of protecting families, standing up for victims and holding offenders to account for their actions. These reforms respond to the needs of Canadian families, victims, law enforcement agencies and many Canadians.

I therefore urge all hon. members to work with the government to ensure that these proposed reforms receive the speedy passage they deserve.

[Justice, September 21st, 2011]

Mr. Speaker, I do not understand where the member is getting his information from. This type of outrageous claim that lawful access would not be appropriately enacted by our government is simply that, outrageous.

The legislation will come. It will provide for appropriate judicial oversight in respect of access to private conversations.

Rather than repeating fabrications, the member might want to come and talk to me about what we are actually planning.

[Justice, September 21st, 2011]

Mr. Speaker, outrageous claims like that one, that private communications will be intercepted without a warrant, are a complete fabrication. Our proposed approach of linking an Internet address to subscriber information is on par with the phone book linking phone numbers to an address. What this will not allow for is access to private communications without a warrant.

Our message is clear. If someone wants to commit a crime, we will ensure that laws are in place to ensure that individual is apprehended, and those laws will be done in an appropriate lawful manner.

[Justice, September 20th, 2011]

Mr. Speaker, our government's mandate from Canadians is to keep our streets and communities safe by moving quickly to reintroduce comprehensive law and order legislation.

The government is taking action to protect families, stand up for victims and hold criminals accountable.

I would ask that the member really reconsider whether she thinks that those who sexually abuse children should in fact be entitled to a pardon. Our government believes that is inappropriate. They are a danger to children, and she should be protecting children.

[Questions on the Order Paper, September 19th, 2011]

Mr. Speaker, in response to (a), there are currently three dedicated training facilities for the CBSA duty firearm course, as well as modular firing ranges in Ottawa, Ontario, and Chilliwack, British Columbia, and 72 private and public ranges across Canada that the CBSA can lease for arming practice and recertification activities.

In response to (b), the training facilities are located in Chilliwack, British Columbia; Ottawa, Ontario; and Summerside, Prince Edward Island.

In response to (c), the training facilities in Chilliwack and Summerside have accommodations on site. The training facility in Ottawa does not have accommodations on site, so employees stay at a local hotel in close proximity to the training facilities. Trainers who are engaged locally do not require accommodations.

In response to (d), the duration of the duty firearm course for employees is 15 days.