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House Hansard - 152

44th Parl. 1st Sess.
February 2, 2023 10:00AM
  • Feb/2/23 10:41:04 a.m.
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Mr. Speaker, this is the Conservative Party and these are parliamentarians. We are going to take action through every avenue at our disposal as an opposition for now. We are going to take every avenue in the House, at committee and everywhere to ensure that the government listens to the police, to victims, to communities and to the 13 premiers in this country who are calling for bail reform. We make no apologies for that. We will take every action we can to get the job done.
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  • Feb/2/23 11:06:57 a.m.
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Mr. Speaker, I appreciate the remarks of the Minister of Public Safety today, although I did not hear specific, concrete changes that he or his colleague, the Minister of Justice, would like to make concerning the Criminal Code. Therefore, I am assuming there are no changes coming. We have heard from every premier in the country, asking for changes to the Criminal Code concerning bail. We have heard from the Toronto police, proposing three proposals concerning bail reform. Again, this is all in light of the fact that a young new police officer was killed over the holidays by a violent repeat offender who was out on bail and also had a firearm prohibition. He shot and murdered a young police officer, and I did not hear anything to satisfy me that the government would be doing something in the next few months to bring forward some change. What concrete steps is Minister of Public Safety going to take, working with the Minister of Justice, to ensure that this is the last police officer who is murdered by a violent repeat offender?
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  • Feb/2/23 11:23:18 a.m.
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Mr. Speaker, the member has done tremendous work on the public safety committee. She is concerned, as we all are, about the increase of gun crime and gang violence in cities across this country. This motion is a call to action. Never before have I seen, and I am sure my colleague has not seen this either, a coming together of so many organizations, individuals, big city mayors, police chiefs across the country, police associations, community groups and advocates talking about the need for bail reform. This motion is more of a call for action, reflecting what those organizations are telling us. They are on the ground. They are seeing it. If we talk to police officers, and my colleague likely has, they are telling us that the system is broken and it needs to be fixed. My question to my hon. colleague is as follows: What are some of the solutions that she would propose to fix the broken bail system in this country?
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  • Feb/2/23 11:24:36 a.m.
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Mr. Speaker, my colleague raises an interesting point. It is indeed a call for action. That is a good thing, because we are talking about this issue today. Premiers and police associations across the country have also sounded the alarm. However, I have doubts about the means the Conservatives are trying to use today to take action. Is today's motion the right way to resolve the issue or to provide solutions? Would the ideal way not be to introduce a bill to amend certain provisions that were in Bill C‑75? Perhaps that would be a better way to take action. Obviously, we, the parliamentarians, are not really the experts. We invite experts and listen to them. If certain police associations are saying one thing or another, it is our duty to listen to them. I am not sure that today's motion is the right way to move forward. I understand why the Conservatives are putting this issue on the table. It provides us with an opportunity to discuss it. However, if they really want to change the provisions included in Bill C‑75, I think that they should introduce a bill.
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  • Feb/2/23 12:35:20 p.m.
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Madam Speaker, I am happy to hear that my hon. colleague believes there is a problem in our bail system and that she is willing to support some reform. That is exactly why we are here today, and I hope that she supports this motion. There is no disagreement that it needs work. This is not about a young person who made a mistake who we are putting away forever. That is not what Conservatives do, so any suggestion of that, frankly, is just false. I know that there are bigger problems, but it starts here and it starts with bail reform. There are hundreds of frontline police officers out in the streets who have said that this will save lives, so I hope that she supports that.
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  • Feb/2/23 12:37:05 p.m.
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Madam Speaker, it is really disappointing and sad, quite frankly, to hear the other members of the House talk about this motion in terms of rhetorical or playing to a base. These are very real problems happening in our country. There are organizations, police chiefs, big-city mayors and police associations that are all coming together to ask for bail reform in a non-partisan manner. I am wondering if the hon. member could comment a little more on that.
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  • Feb/2/23 12:38:11 p.m.
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Madam Speaker, I am pleased to have the opportunity to speak to the motion brought by the hon. member of Parliament for Fundy Royal. I would like to split my time with the member for Kingston and the Islands. First and foremost, I would like to acknowledge the tragic and disturbing events involving the recent deaths of several police officers in this country. It is beyond words to describe how that profoundly shocks our communities when those who dedicate their lives to serve and protect others from harm become the victims of horrendous acts of violence. It is also unimaginable what grief the families of these officers must be experiencing, and my heartfelt thoughts and condolences go out to them. I recently had an in-depth and substantial conversation with our chief of police in Peel and his team to talk about what kinds of issues really concern our communities, especially mine in Mississauga—Erin Mills. The number one issues that we touched on and talked about were gender-based violence, the use of guns within our communities, car thefts and how we can prevent all of those. We talked about the limitations that the police force faces in terms of providing that support. One thing that really struck me was the conversation about what exactly we are trying to do when we serve and protect our communities. What perspective are we taking in terms of creating a legal framework and providing the administration of justice in our country at the base of our communities? Are we trying to punish offenders, casting a wide net and then take in all of them without keeping in mind what rehabilitation means in our communities? How are we going to, for example, impact young offenders and rehabilitate them to become fully functioning members of our society? Are we going to talk about how the indigenous community is impacted by access to justice, bail regulations and laws within our Criminal Code? This debate, this conversation, this topic of issue is a lot more substantial than the unfortunate fearmongering that we are experiencing with the opposition party. We have to talk about how it is that we are going to have a harm reduction principle embedded within our criminal justice system. More importantly, we have to also understand, in the context of the federal, the provincial and the regional governments, how justice is administered and how that whole bail regime is instilled within our communities and our societies. How do we protect our communities by working together with all levels of our government? Therefore, putting together an opposition motion and asking for certain things that just do not make sense, when we take in the full context of how it is that our justice system works, is a little disingenuous. I will take some time today to discuss the bail system in Canada and the critical role that it plays in promoting public safety, in maintaining confidence in the administration of justice, and in ensuring that our criminal justice system upholds the rights that are enshrined in our Charter of Rights and Freedoms. I will start by saying a few words about Canada's criminal justice system and the importance of that institution. It is a system that is the cornerstone of our democracy. It is a key component in maintaining law and order in society and the overall prosperity of Canada. The federal government continues to make efforts to ensure that Canada is a just and law-abiding society with an accessible, efficient and fair system of justice. Our criminal laws make and help Canadians feel safe in our communities and have confidence in their justice system, which in turn improves their quality of life as well as their contribution to Canada's prosperity. Unlike the opposition, I do not believe that our institutions are broken. Are they perfect? No, nothing is perfect. Our job is to attempt to improve them, but we should not give in to fearmongering rhetoric. Instead, we should seek constructive solutions the way that our government is doing, by working with all levels of government on this issue, as we heard our minister say earlier today. The criminal justice system is a shared responsibility among the federal, provincial and territorial governments, and the regional governments are involved. While the federal government is responsible for establishing the criminal law, which includes bail provisions in the Criminal Code, provincial governments are responsible for the administration of justice. That includes conducting bail hearings and enforcing bail conditions, as well as investigating and prosecuting most of the Criminal Code offences within their respective jurisdictions. A successful criminal justice system is dependent on each level of government successfully carrying out its areas of responsibility in co-operation and collaboration with one another. At the federal government level, we continue to work very closely with provincial and territorial partners to examine ways to further improve the criminal justice system, including the bail regime, and to make it stronger and more efficient. For example, our government is carefully considering the specific concerns raised about repeat and violent offenders and about bail. These have been identified by the premiers of Canada, and our government is actively working with provincial and territorial partners to make improvements to the bail system. When I was sitting on the justice committee, this was an issue that we did deeply dive into to see how we can better provide protection, support for communities and better access to justice across the country. We learned from witnesses and experts from across the country that we need to take an approach that is contextualized by all of those equity-seeking groups to ensure that whatever system we are trying to improve is fair for everybody. Hence, this goes back to our Charter of Rights and Freedoms and the importance of it within our criminal justice system. Canada's bail system contributes to enhancing public safety and confidence in the criminal justice system by allowing the pretrial detention of accused persons in cases where there is just cause to do so. I emphasize that the bail system, as set out in Canada's Criminal Code, is intended to ensure that the accused persons charged with a criminal offence will attend court to answer the charge and will not pose a risk to public safety prior to their case being heard or being tried, and that confidence in the criminal justice system is maintained with respect to whether the accused is detained. If there are concerns that an accused person who is released after being arrested would compromise those objectives, police can detain the accused and bring them before a justice, where they will have the right to a bail court hearing to determine whether they should be released. Pretrial detention of an accused person is justified where it is necessary for the protection or safety of the public, including if there is a substantial likelihood that, if released from custody, the accused would commit a criminal offence. Where an accused person is released, police or courts are empowered to impose certain conditions that the accused is required to follow until their case has been resolved or the end of their trial. For example, the court can impose any reasonable conditions it considers desirable or necessary to ensure the safety and security of any victim or witnesses to the offence. For certain specific offences, largely offences involving violence, the court is required to impose a condition prohibiting the accused from possessing a firearm, a prohibited or restricted weapon or ammunition, unless it considers that such a condition is not required in the interests of the safety of the victim, the accused or any other person. In order for us to tackle the issues of a just, viable and fair justice system, we have to take into account our Charter of Rights and Freedoms. We have to take into account how the administration of justice by provinces is taking place. Also, importantly, we need to take into account how we are supporting those on the front lines. Do they have the resources they need? For example, in my region, for Peel police we are trying to ensure that the officers have the ability to access mental health supports. How does that play into it? I would appreciate it if colleagues in the House, from all aisles, were able to work on that full context of what a bail reform looks like with all levels of government.
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  • Feb/2/23 12:50:30 p.m.
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Madam Speaker, I had a conversation with our chief of police and many other chiefs of police across the country with respect to how we are protecting our borders. I know that our government has made hundreds of millions of dollars of investments to ensure we have more restrictions at our borders with respect to how firearms are coming across. I have talked to chiefs of police who tell me exactly how they are brought in. That feedback has been taken in, and our government has made those investments. Again, I really think this is a complex issue. It is something we need to work on within a more fulsome context. I would have hoped that the opposition, when it was in power, would have invested more, but according to my readings, it had actually cut funding to our borders by about a third by the time it was done with its governance.
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  • Feb/2/23 1:32:11 p.m.
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Madam Speaker, my colleague is doing his job of trying to defend the indefensible. Thirteen premiers are calling for the same thing we are, as are all the associations representing the police officers who are out on the street, working to protect citizens across Canada. These people are not asking for legislative reform for nothing. They see that the status quo is not working. Our motion targets the most dangerous criminals and violent repeat offenders. Why do the Liberals insist on allowing these people to go free so easily? I cannot understand it.
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  • Feb/2/23 4:01:16 p.m.
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Mr. Speaker, there is no question that there are other measures that need to be taken in terms of mental health, drug addiction and all of that stuff. We are talking right now. I think most of those stakeholders I referenced earlier such as those police chiefs, are talking about those violent criminals who are let out on bail after committing violent crimes with guns and who oftentimes, as we have heard and seen through the stats, will get out on bail to repeat those violent crimes. That is what we are talking about. There needs to be a whole approach to dealing with violent activity and violent crimes in this country, not the least of which is dealing with mental health and other related issues as well. For the safety and security of our communities and of the police officers we charge with looking after our communities, we need to fix the bail system that has been broken since 2015.
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