SoVote

Mr. Gary Anandasangaree (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada, Lib.)

Dec/6/21 1:33:58 p.m.
Watch
Re: Bill C-3

Mr. Speaker, I will be sharing my time with the member for Kingston and the Islands. Let me start by acknowledging what an important day today is. It is a day of action to end violence against women, and I recognize all the women who have died in Canada and around the world and the incredible women who continue to fight each and every day. As a society, we have a long way to go to end violence against women, but it is a day for us to redouble our efforts in this regard. I am glad to speak today to Bill C-3, an act to amend the Criminal Code and the Canada Labour Code. I will be speaking primarily about the amendments to the Criminal Code of Canada. The last 19 months or so have been difficult for frontline workers, particularly those in the health care sector. They have been working around the clock to help Canadians get through the pandemic. In many ways they have been putting their families at risk and have been away from their families during this period. We are very grateful for their service. In my home community of Scarborough, I know that members of the Scarborough Health Network and those at the TAIBU Community Health Centre and many other local organizations have been instrumental in supporting us. However, sadly, the work of many of our frontline workers, especially those in the health care sector, has been the brunt of a great number of issues over the past few months, and I want to speak to that. I believe the amendments that are proposed today would address this. It should be a fundamental right to go to work free of harassment and free of any form of disruption by the public, but sadly, because of anti-vaxxers and many others, health care workers are scared to go to work. I have been able to speak to many nurses, PSWs and physicians who are at their wit's end. They are stressed and are going on leave or are considering it because they can no longer bear what is happening to them. I think all members would agree that it is unsettling to see reports in the media of bullying, threats, violence and intimidation directed toward health care workers and those seeking care. I was shocked to see reports of individuals in Canada using online platforms to incite others to shoot health care service providers who vaccinate children. Let me be clear: Such conduct is criminal and has no place in our society. This past weekend I was able to get my second daughter vaccinated. She had her first dose. It was administered by Dr. Jaya, who has been at the forefront of the fight against COVID. I know she and her colleagues want to work in an environment where they are free and safe. We are very thankful for what they have done so far. Bill C-3 seeks to provide enhanced protections to health care workers and those seeking care at a time when the fight against the COVID-19 pandemic is ongoing. Unimpeded access to health services is critical to moving Canada beyond the pandemic. As Ontario right now has reached the important 90% mark of vaccination for those over the age of 12, it is more important than ever that we extend these protections to all Canadians who are working in the health care sector. While Bill C-3 would create two new offences in the Criminal Code, namely a new specific intimidation offence and an offence of obstructing access to health care facilities, I want to focus my remarks today on the sentencing amendments advanced in the bill that relate to the proposed aggravating factors. In short, aggravating factors are facts present in any given case that increase the gravity of the offence or the offender's degree of responsibility. Existing Criminal Code examples include when an offence is motivated by hate or prejudice and when an offender abuses a position of trust. To arrive at a fit sentence when sentencing, the court must weigh all aggravating and mitigating factors present in the case at hand. Before speaking to these proposed legislative changes in more detail, I want to provide some additional context in relation to the sentencing amendments being advanced. In 2019, the House of Commons Standing Committee on Health studied the prevalence of violence faced by health care workers in Canada. It reported that the rate of workplace violence against health care workers was four times higher than any other profession. What is particularly alarming about this figure is that stakeholders in this area also reported that most of the violence that workers experienced remained unreported due to a culture of acceptance. In its report entitled “Violence Facing Health Care Workers in Canada”, the House of Commons Standing Committee on Health made several recommendations, including that the Government of Canada amend the Criminal Code to require courts to treat an assault against a health care sector worker as an aggravating factor for sentencing. In advancing this recommendation, the committee heard testimony from the Canadian Federation of Nurses Union that such an amendment would serve as a deterrent for individuals perpetrating violence against health care workers. The sentencing amendments in Bill C-3 would respond to the long-standing calls from health care sector stakeholders and to the recommendation of the committee to codify assaulting health care practitioners, who are acting in the course of their duties, as an aggravating factor at sentencing and would reflect the common law in this area. Let me take a moment to explain why. Existing sentencing laws already provide sentencing courts with the broad discretion to account for all relevant aggravating and mitigating factors in determining a sentence that is proportionate, having regard to the gravity of the offence and degree of responsibility of the offender. The list of aggravating factors provided in section 7(1)(a)(ii) of the Criminal Code is not exhaustive and courts can, and do, expand the list by recognizing new aggravating and mitigating factors at sentencing. In fact, reported cases in Canada have already recognized assaulting persons working in the health care system as an aggravating circumstance at sentencing. Consistent with this existing treatment by courts, Bill C-3 would create two new aggravating factors applicable in the health care context, which would apply when a person is being sentenced for any criminal offence. The proposed measures in the bill would include an aggravating factor where the offence was committed against any person who, in the performance of their duties and functions, was providing health services. The concept of health services would not be defined in the bill, but the courts would have the flexibility to apply it in appropriate cases. The aggravating factors also make clear that personal care services are captured within the concept of health services for aggravating factors. Personal support workers provide health services that are essential to the well-being of all patients. The House of Commons Standing Committee on Health reported that an alarming 89% of all personal support workers had experienced physical violence on the job based on a poll commissioned by the Ontario Council of Hospital Unions. Codifying this aggravating factor signals Parliament's view that criminal conduct directed at personal support workers must be recognized and denounced. There is a great deal more I could say on this issue, but I want to emphasize that this is important legislation that stands up for health care workers who are essential for Canadian society to recover and thrive, especially during a global pandemic. This bill is long overdue and delivers on an important commitment the government made to Canadians. For all the reasons identified above, I urge all members of the House to support the swift passage of Bill C-3.

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Context: House Hansard - 11 - Dec/6/21

Mr. Gary Anandasangaree

Dec/6/21 1:44:16 p.m.
Watch
Re: Bill C-3

Mr. Speaker, I want to emphasize the need to protect health care workers and facilities that are served by the health care sector. It is such an important aspect of the fight against COVID. Physicians, nurses, PSWs or any support staff going to work in the morning to help Canadians should not be facing intimidation, risk or threats to their lives. That is why we are bringing forward this important legislation. The matters that the hon. member is discussing can be put forward in other legislation, but for the purpose of today it is very important that we pass this as soon as possible.

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Context: House Hansard - 11 - Dec/6/21

Mr. Gary Anandasangaree

Dec/6/21 1:45:53 p.m.
Watch
Re: Bill C-3

Mr. Speaker, I would like to emphasize what is in the legislation, and that is to ensure health care workers and health care facilities are protected. During this pandemic, it is important that the federal government play an essential role in ensuring that our front-line workers, our essential workers, and our health care workers are protected against those who would intimidate and abuse them. That is exactly what we are doing in this legislation.

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Context: House Hansard - 11 - Dec/6/21

Mr. Gary Anandasangaree

Dec/6/21 1:47:16 p.m.
Watch
Re: Bill C-3

Mr. Speaker, I want to emphasize that the legislation in front of us does give judges the discretion and allows them to look at aggravating and mitigating circumstances in sentencing. It is an essential tool that judges are able to use. We believe the judiciary is well positioned to make those decisions and impart sentences at those points in time.

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