44th Parl. 1st Sess.
February 2, 2023 10:00AM
- Feb/2/23 10:42:02 a.m.
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Mr. Speaker, in Bill C-5, the mandatory penalties for serious gun crimes were eliminated. House arrest was prohibited for certain offences, including sexual assault, under the Criminal Code, thanks to changes that were made during our years in government as Conservatives. We said that arsonists who burn down someone else's house and individuals who commit sexual assault should not serve their sentence from the comfort of their own home in the same community as their victims. All Canadians understand that. However, Bill C-5, which recently passed in the House, allows for sex offenders who commit sexual assault to get house arrest. That is wrong and we need to change that.
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- Feb/2/23 10:43:02 a.m.
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Mr. Speaker, I will be sharing my time today with the hon. Minister of Public Safety.
I am pleased to have an opportunity to speak to the important issue of bail and a possible reform in Canada. I know that Canadians are concerned about this issue. Making sure that our laws are effective and fair and that they protect Canadians is certainly a priority for my government.
First, I would like to express my condolences to the families of Constable Greg Pierzchala and Michael Finlay and Katie Nguyen Ngo, and of all victims of the disturbing incidents of violence across this country that we have seen in recent months. Each has been a personal tragedy and a blow to our communities.
Canada has a strong and effective criminal justice system, including its bail laws, but we all know that things could always be improved. Canadians deserve to be and to feel safe, and we have a role to play in protecting our communities. I want to reassure Canadians that, if someone poses a significant threat to public safety, the law tells us they should not be released on bail.
I am disappointed that the official opposition is using tragedies to try to score political points. Canadians know that these are serious and complicated issues, and there are no quick or easy solutions. That is why we have been working hard for months, in collaboration with our provincial and territorial counterparts, to find solutions that would ensure the long-term safety of our communities.
Canada is not broken, despite what the Leader of the Opposition would like people to think. Indeed, data from Toronto shows that between 2019 and 2021, there was a decrease, both in the percentage of individuals granted bail and the number of people rearrested while on bail.
That being said, our government is always looking for ways to improve public safety and the efficiency of our justice system. At the federal-provincial-territorial meeting in October, the Minister of Public Safety and I committed to continue working with our counterparts on the issue of bail. This work is well under way. We also received a letter from the premiers about bail and we are carefully reviewing their proposals and other options.
Yesterday, I had the pleasure of meeting with my B.C. counterpart, Minister Sharma. Minister Sharma and I agreed that the best way to address the complicated issue of bail reform is by working together. I am hopeful that all of my provincial and territorial counterparts will agree.
Unfortunately, there is a lot of misinformation out there on the old Bill C-75. Bill C-75 is the result of a lengthy collaborative effort with the provinces and territories. It codified the bail principles set out in binding Supreme Court of Canada rulings.
I want to reiterate that Bill C-75 did not make any fundamental changes to the bail system. It did not change the criteria under which an accused can be released by the court. On the contrary, Bill C-75 made it harder to get bail for certain offences, such as violence against intimate partners, by reversing the onus of proof.
I trust that the hon. member for Fundy Royal will also be reassured to learn that there is already a reverse onus where an accused subject to a weapons prohibition is charged with a firearms offence, exactly as his motion calls for. That means the accused would be denied bail unless they can prove to the court that their release would not pose a significant risk to public safety or undermine the public's confidence.
I also know the hon. member for Fundy Royal well enough to be sure he was not deliberately trying to mislead the House on the recent Supreme Court decision, which actually confirmed everything we did in Bill C-5. The minimum mandatory penalty we struck down, the court struck down as unconstitutional, and the minimum mandatory penalties we chose to retain in that bill have been upheld by the court. I would suggest the member read the Supreme Court decision a bit more closely.
One of the calls in the letter from the premiers is to establish a reverse onus for additional offences. I can assure the House that I am giving this serious consideration, and the work is well under way. We have also heard calls for law enforcement reform. I am grateful for their recommendations based on frontline experience. Work is under way to develop legislative and non-legislative options to address the particular challenges of repeat violent offenders.
We also know that it will take more than a legislative reform to completely fix this problem. The police need the necessary resources to monitor offenders who are out on bail and to arrest those who breach their release conditions.
We have already provided significant funding and we are open to providing more where it is needed. There has to be support and care for mental health, as well as for addictions treatment. There needs to be a social safety net. The previous government cut social programs and now we are seeing the very real and serious consequences of those cuts. As a government, we have made unprecedented investments in mental health, including $5 billion for the provinces and territories to increase access to care.
I commend our partners in B.C. for the action they took on bail in November as part of their safe communities action plan. I encourage all provinces to use the many existing tools at their disposal to ensure bail laws are applied safely, fairly and effectively. Yesterday I was happy to see the Premier of Ontario commit to action in this space, and I will reach out to my counterpart in coming days to discuss how we can collaborate.
Addressing the particular challenges posed by repeat violent offenders requires a comprehensive approach that crosses jurisdictions and levels of government. We will be acting at the federal level, and I hope my provincial counterparts will do the same. The only way to solve this problem is by working together. To this end, as has been planned since our last meeting in October, in the coming days I will be reaching out to justice and public safety counterparts to convene an urgent FPT meeting to continue our important work on bail.
I am hopeful that together we can review the product of months of joint work by federal and provincial officials and agree on a comprehensive path forward.
We know there is no easy solution to such a complex problem. We strongly believe that we need to protect Canadians.
At the same time, we must ensure that any measures taken will not exacerbate the overrepresentation of indigenous peoples and Black and racialized Canadians in our jails. We must not further marginalize vulnerable people, including those struggling with mental health issues and addiction, and we must also ensure that everything we do is compliant with the charter.
I look forward to sincere debate in this House today, and I will happily take any good-faith suggestions made by members of Parliament. I discourage members from wasting this opportunity with empty rhetoric designed to inflame the fears of Canadians. Let us debate real solutions and focus our energy on offering ideas for how the system can be changed to better keep Canadians safe while respecting our fundamental rights and values.
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- Feb/2/23 10:52:54 a.m.
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Mr. Speaker, I would recommend to the hon. member that he reread not only the Supreme Court decision, but also Bill C-5. I realize the problem was the inflammation of rhetoric during the debate on Bill C-5. We did not remove all the minimum mandatory penalties with respect to those gun offences. We only did it in a very narrow band, and it mirrored exactly what the Supreme Court did.
We have been on this question for a long time, since at the very least the federal-provincial-territorial meeting of last October. As I mentioned in my speech, Bill C-75 basically reframed the Supreme Court of Canada jurisprudence that had evolved over previous years. It added reverse onuses with respect to intimate partner violence. There are some reverse onuses that already exist.
We are working with the provinces to find other ways to improve the law while remaining charter compliant. These discussions have been going on, particularly at a technical level with our experts. We are going to continue to do this.
We have a responsibility to do this. We have exercised that responsibility. We do not wait until inflammatory rhetoric drives us. We have been doing this for a long time in a prudent way in collaboration with our partners.
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- Feb/2/23 12:00:18 p.m.
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Mr. Speaker, I think it is a concern that we sometimes do not pay enough attention to. A large number of Canadians who are never found guilty of anything have ended up spending a long period of time in detention before they were found not guilty of those offences. In particular, this falls heavily on indigenous people, racialized Canadians and Canadians who have low incomes. Unfortunately, it also falls heavily on new Canadians and on immigrants and refugees.
The first solution to that, of course, is to have adequate funding for the justice system, so that we do not have such large delays before cases get dealt with in court. That is probably the easiest thing we could actually do. For a long time the appointment of judges was slow. The Liberal government took a long time to get going on this, but it has now been filling those vacancies more regularly. This will help cut those delays before people reach trial.
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- Feb/2/23 1:26:49 p.m.
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Madam Speaker, things always get emotional when we talk about crime, but facts are facts.
The streets of Montreal would be safer had Bill C-5 not been passed, for example.
Last week, we saw one of the harmful effects of Bill C‑5, which was passed before Christmas. An individual who committed aggravated sexual assault eight years ago was sentenced last week. There were many delays related to the court process, and Bill C‑5 was passed in the midst of all that. The sentence that the judge handed down was 20 months to be served in the community, whereas, in the past, that individual would have been jailed. Seeing what the judge had done, the Crown prosecutor said that the Prime Minister and the Minister of Justice had a lot to answer for to the victims.
Ever since this government took office eight years ago, I have been astounded by its total lack of sympathy for victims.
The Canadian Victims Bill of Rights was enacted during the Conservative era. My colleague, Senator Pierre-Hugues Boisvenu, then prime minister Stephen Harper, then minister of justice Peter MacKay, and Steven Blaney, who was also a minister, created the Canadian Victims Bill of Rights as a way to give victims of crime the right to be protected and informed. We know victims have been totally overlooked in recent years. Criminals are laughing at the justice system because they know that justice is much weaker now and they can commit crimes over and over without fear of prison time. It is victims who are living in fear, too scared to even file a complaint anymore because they know that nothing will come of it. The Liberals can say what they want, but facts are facts.
On this day of debate on our motion, we are not addressing the problem in a partisan way at all. When the premiers of all 13 provinces and territories ask for exactly the same thing and the police associations in Canada all ask for exactly the same thing, I would say it is because there is a problem.
I hope my colleagues in the Bloc Québécois will understand the approach we are taking today. As I said earlier, if anyone reads our motion carefully, they will clearly see that we are specifically targeting firearms offences, among others.
Say a criminal who commits an offence and is charged with a firearms offence is able to get parole easily and goes on to commit another firearms offence. If we asked Canadians if they thought that was okay, they would all say no. One of the problems with Bill C-75 is that it allows criminals to be released too easily. That is what we want to be fixed. We are asking that the situation that was created by passing Bill C‑75 be resolved to prevent recurring crimes.
As I said earlier, in British Columbia, 40 individuals were arrested 6,000 times in one year. That is unbelievable. In Canada, the group we are targeting amounts to a few hundred individuals. We are talking about 1,000 criminals at most. We are not talking about applying a law to every person in Canada who is facing any kind of charges. Rather, we are focusing specifically on the problem of criminals who commit firearms offences and dangerous repeat offenders. That is all we want, and we would like the Liberal government to show some understanding.
After eight years, this Liberal government needs to understand that we need more rules and that what we are talking about right now is a very valid issue. As I said, it is not a partisan issue when 13 provincial and territorial premiers from all parties are saying the same thing. These premiers are Liberals, Conservatives and New Democrats. I think it is perfectly reasonable.
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- Feb/2/23 3:32:58 p.m.
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Mr. Speaker, I wish to inform the House that I will be splitting my time with my colleague, the member for Barrie—Innisfil.
It is always a privilege to stand in this House to speak on behalf of my constituents of Brantford—Brant. After eight years, the Prime Minister and his government are solely responsible for our failing justice system. This is pressing and urgent; bail reform is needed now. Far too often, we are hearing Canadians use language such as “catch and release”, “a revolving door” and “an unequal justice system” to describe the state of affairs in Canadian bail courts.
In my almost two decades of prosecuting in the trenches of our criminal justice system, I have repeatedly witnessed dangerous criminals being released on bail. I am honoured to add my experience working in the criminal justice system to such an important debate. A major concern during my lawyer years was our inability to keep violent repeat offenders off the streets and in custody where they belong. I was unable to vocally criticize the lenient bail system as a Crown attorney, so I made the decision to become a politician to effect change.
The Liberal government wants Canadians to believe it has crime under control with its justice policies and that it is on the right track. I thank our Conservative leader and all my Conservative colleagues for bringing this debate into the House and for showing Canadians that this Liberal soft-on-crime agenda has broken our bail system and eroded confidence in our judicial institutions.
In 2019, to codify the principles outlined in the Supreme Court of Canada case Antic, the Liberals passed Bill C-75. Although it was intended to modernize the bail system, the effect of this legislation was to allow offenders arrested for violent crimes to be released back on the street fast enough to commit other crimes, sometimes on the same day. In fact, this was an occurrence that I routinely saw as a Crown prosecutor. I would often read Crown briefs noting the accused laughed and bragged to the arresting officers that they would be released in hours.
After receiving numerous calls and emails from my constituents, who shared their concerns about Canada's justice system, I met with the Brantford police chief, Rob Davis, and the president of the Brantford Police Association, Constable Jeremy Morton. It was important to learn directly from them what the root causes are and how we as parliamentarians can address them.
Chief Davis shared with me that it is disheartening to all police officers to see that they are doing their job, they are catching people, they are putting them before the courts, they are asking that they be held in custody but they are being released. He said that criminals are brazen and are laughing at the current justice system. He said oftentimes, they are getting back home before the officers do, and the next thing he knows, they are committing twice as much crime. It is a telltale sign of the level of brazenness among criminals. He also reflected on how the system has dramatically shifted and said that criminals' rights have now superseded the rights of victims.
For years, Canadian law enforcement worked hard to build trust in the police and give victims a level of security if they came forward, and the perpetrator was put into the justice system. Now, everything, according to him, is upside down. The Liberal soft-on-crime approach, he says, is bringing the justice system into disrepute, and the concern that law enforcement now has is that if society loses faith in the justice system, we may find ourselves in a situation where citizens will decide to take things into their own hands.
I never thought as a parliamentarian that I would be quoting Oprah Winfrey, but on her show, every Christmas, she would have giveaways. She would point to the audience and say, “You get a car”, or they got another gift. That is precisely what has happened with the Liberal government and the Prime Minister given their approach to the bail system in Canada. With the Prime Minister, for the last eight years we have said, “He gets bail. She gets bail. Everyone gets bail”, regardless of the fact that they have repeated criminal offences on their record, regardless of the fact that they have an outstanding charge and regardless of how serious the charge is.
It is a statistical fact that the majority of serious violent crimes committed in this country are committed by a handful of repeat offenders. For example, in Vancouver alone, 40 offenders were arrested 6,000 times in one year. That is 150 arrests per person, per year. Brantford Police Chief Davis further spoke on this issue and stated that we have entire neighbourhoods that one or two bad apples will terrorize as repeat violent offenders.
The data published by Statistics Canada clearly shows that between 2008 and 2014, under the Harper government, Canada witnessed an annual decrease in the crime severity index. From 2015 onward, this trend changed dramatically.
Since the Prime Minister took office, the number of crimes has grown year after year. Violent crime has gone up 32% in one year. Gang-related killings have gone up 92% since the Liberals formed government. In 2021, there were over two million police-reported Criminal Code incidents, marking an increase of 25,000 incidents since 2020.
Since the fall of 2022, tragically, five Canadian police officers have been killed while on duty. With hundreds of murders in 2021, one Canadian was murdered every 10 hours throughout the year. The 2020 data shows that Canada's homicide rate is roughly double that of the U.K. and France, and four times higher than that of Italy.
Even though the Prime Minister and his government are claiming that Bill C-75 was meant to clear the backlog of people waiting for bail hearings, experts say it has done much more than that. Essentially, the government has told judges dealing with bail applications that they need to make sure anyone accused of a crime is released at the earliest opportunity and on the least serious conditions. Let that sink in. Primary consideration is for the accused, not for the victim and not for society at large. Some judges and justices of the peace feel that the bill has put shackles on them and has resulted in an increase in releases, even by violent offenders.
Last month, all 13 premiers sent a letter to the Prime Minister calling for amendments to keep more people in custody as they await trial. This call was supported by police chiefs, police associations, mayors and provincial attorneys general from coast to coast to coast. Recently, the Toronto police chief opined on the issue of bail reform and argued that only judges and not JPs should be allowed to hear bail cases when serious gun charges are involved.
A multipronged approach to bail reform is required. According to the Supreme Court, everyone is entitled to a speedy trial. However, it can often take years to get to trial. We need to speed up the system so that when criminals show up in court, the judge knows they will get a speedy trial and may be less inclined to bail them out.
The Liberals said they were open to discussions, but that has been their position since the provincial justice ministers raised that issue last March, almost a year ago. Instead, the government has been busy passing Bill C-5 and Bill C-21.
This January, a judge in my riding of Brantford—Brant said that my hometown community is “plagued by gun violence—murders caused by guns and people walking around with firearms. It never used to be as prevalent as it is today.” She said, “Now it’s an epidemic”, and that the Crown should get tougher on offenders.
To put it into perspective, the Liberals and the NDP have ignored the real way that most criminals get their guns under Bill C-21. They eased bail conditions for serious violent crimes under Bill C-75 and decided to put the safety of victims at risk with Bill C-5. The Conservatives have been calling for a balance to the justice system and bail reform for years, but the Liberal Minister of Justice and Attorney General of Canada continues to defend the current system.
I have a very quick primer on bail. Bail legislation reflects the fundamental principles outlined in Canada’s charter that attempt to balance the rights of the accused by upholding the presumption of innocence with public safety and confidence in the system. The law allows for people who are deemed risky to be detained for certain indictable offences, or when confidence in the administration of justice would be undermined by releasing a person into the community.
Canada needs bail reform now to pull back from the failed views put forward by the government. We cannot continue to endanger our communities by letting repeat violent offenders walk freely on our streets and simply wait before they harm somebody. How much more blood needs to be spilled on our streets? How many more police officers need to lose their lives before the government finally acts?
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- Feb/2/23 4:34:35 p.m.
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Mr. Speaker, I will be sharing my time with the member for Haldimand—Norfolk.
I want to talk about a word that seems to have escaped the Liberal government since it took office eight years ago and that is “consequence” or being accountable for one's actions. The Liberals seem to have a really hard time being accountable for their actions. Even though it has been eight years, they seem to have a really hard time taking responsibility for being in power. They seem to have a really hard time owning up to the mistakes they have been making for the eight years that they have been in office. Perhaps that explains why they have hard time asking others to be accountable for their own actions, which is even more serious when it comes to crime.
Let us look at this government's track record when it comes to failing to be accountable. It will likely explain the Liberals' position on today's opposition motion.
In 2016, the Conflict of Interest and Ethics Commissioner found the Prime Minister guilty of breaking ethics laws. The Prime Minister apologized, but suffered no consequences. In 2018, the Minister of Fisheries, Oceans and the Canadian Coast Guard was found guilty of violating the Conflict of Interest Act. He apologized, but suffered no consequences. Just apologize and move on.
In 2019, the Prime Minister once again violated the Conflict of Interest Act, this time in the SNC‑Lavalin case. The Prime Minister says he took responsibility for his actions. However, he suffered no consequences. In 2021, again, the Prime Minister and, this time, the then Minister of Finance, Bill Morneau, were charged under the Conflict of Interest Act and Mr. Morneau was found guilty of violating the Conflict of Interest Act. Mr. Morneau suffered no consequences.
In 2022, in a file currently before us, the Minister of International Trade, Export Promotion, Small Business and Economic Development was found guilty of violating the Conflict of Interest Act for giving a lucrative contract to her best friend. The minister suffered no consequences. She rose in the House, said that she apologized and that she would take responsibility for her actions. What does taking responsibility for one's actions mean to this government? What does ministerial responsibility mean? It means absolutely nothing.
This week, I asked the Prime Minister a question about the case of a rapist who received a 20-month sentence to be served at home. The Prime Minister stated that it was none of our business and that it was not the responsibility of we, the politicians, to manage the law. The Prime Minister has forgotten one thing: He and his government created the law that resulted in this individual receiving a 20-month sentence to be served at home. That is the reality. Those are the facts, and I want to present them to my Liberal colleagues and even my colleagues who belong to other parties. I encourage them to listen carefully to the meaning and the words of the motion that we moved today. I will read the motion, which is important.
(i) violent crime has increased by 32%, (ii) gang-related homicides have increased by 92%, (iii) violent, repeat offenders are obtaining bail much more easily, (iv) increasing daily acts of crime and violence are putting Canadians at risk, (v) five Canadian police officers were killed in the line of duty in just one year
We are not asking for anything major. We are asking that something be done to help victims and to help Canadians feel safer. Here is our first request:
(a) fix Canada's broken bail system by immediately repealing the elements enacted by Bill C‑75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts, which force judges to release violent, repeat offenders onto the streets, allowing them to reoffend;
I want to repeat those last few words: “which force judges to release violent, repeat offenders onto the streets, allowing them to reoffend”. That is one of the effects of the legislation from Bill C‑75 that we are talking about today. Our second request is this:
(b) strengthen Canada's bail laws so that those who are prohibited from possessing firearms and who are then accused of serious firearms offences do not easily get bail;
In all honesty, how can anyone oppose this? Someone explain to me how the Liberals, the NDP and the Bloc Québécois could disagree with that. Our last request is as follows:
(c) ensure that Canada's justice system puts the rights of law-abiding Canadians ahead of the rights of violent, repeat offenders.
It is just common sense. We know that the Liberals will vote against it, but I do not understand why the NDP and the Bloc will vote against it. There is absolutely nothing partisan about this motion, absolutely nothing negative for Canadians in general. It is meant only for violent criminals, who unfortunately are too often released and commit crime after crime. This is a direct consequence of Bill C‑75 and Bill C‑5.
I know the parties supported Bill C‑5 and Bill C‑75. Unfortunately, it is now time to make amends. Past mistakes can be corrected. Why are the NDP and the Bloc Québécois not voting for this motion in order to correct this situation?
We are not the only ones saying this. The premiers of all the provinces, including Quebec, have signed a letter calling on the federal government to do better on bail to prevent tragedies from occurring, dangerous criminals from being put back on the streets, and women, children, men and families from being sadly affected by violent crimes committed by individuals who should be behind bars and not on the streets.
That is exactly the point of the motion we moved. It is entirely consistent with the letter that Canadian provincial and territorial premiers sent to the federal government. Unfortunately, the government seems to have chosen to turn a deaf ear.
I get that the Liberal government does not want to admit the Conservatives are right, so let us listen to someone else. I am talking about the famous case I mentioned earlier, the individual who sexually assaulted a woman and was sentenced to 20 months to be served at home with his cellphone and Netflix. That kind of sentence for that kind of crime is totally unacceptable.
Here are some quotes from the article in La Presse:
A Crown prosecutor chastised the [Liberal] government for its recent law opening the door to house arrest for sex offenders.
Right now, [the Prime Minister] and [the Minister of Justice] probably have some explaining to do to victims of sexual assault, said Crown prosecutor Alexis Dinelle after the hearing.
This is a direct consequence of Bill C‑5 becoming law, and I am asking the NDP and the Bloc Québécois to make amends for that today.
The article goes on to say the following:
Until last November, a judge could not impose a sentence to be served at home for sexual assault. Hard time in prison was the norm for such crimes, and sentences ranged from 12 to 20 months for assaults similar to this one.
Without any fanfare, the Liberal government's Bill C‑5 made it possible for offenders to serve a sentence in the community for sexual assault.
It is not me or the Conservatives who said that. It is a Crown prosecutor who has to live with the consequences of the passage of Bill C‑5.
For these reasons, because I hope that my colleagues from all parties want to protect Canadians who have been the victims of violent crime and prevent new crimes from being committed, I encourage them to help us make the necessary changes to ensure that violent repeat offenders stay behind bars and not in our communities.
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- Feb/2/23 4:44:38 p.m.
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Mr. Speaker, today's motion calls on our government to ensure that those who are prohibited from possessing firearms and who are then accused of serious firearms offences cannot easily get bail. That is already the case. It is also the case for organized crime offences, arms smuggling and trafficking, sexual assault, robbery, extortion with a firearm and drug trafficking.
I would like my opposition colleague to tell me what the motion would change.
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