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Hon. Marco Mendicino (Minister of Public Safety, Lib.)

Feb/2/23 10:56:47 a.m.
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Mr. Speaker, I want to thank my colleagues for the opportunity to have this important debate about bail reform. Before I come to the remarks that have been prepared for me in advance, I want to take a few moments to acknowledge the grief, trauma, loss and the sense of suffering being felt by communities across the country. I had the chance to visit with many communities, whether it was out west in Vancouver or out east in the Atlantic communities with the families and the victims in Portapique and Truro. More recently, it was in Quebec City, with all the families and survivors at the commemoration of the sixth anniversary of the mosque shooting. It is also in my hometown, where we are seeing a recent spate of violence in our public transit system. It is imperative that we have a thoughtful discussion based on a number of pillars. Yes, we need to take a look at our policies and our laws. I want to commend the Minister of Justice for many of the reforms he has advanced to improve the administration of justice so that we can focus on serious offenders who do, in many instances, need to be separated from the community for protection. Also, I want to underline the work that he and our government are doing to address many of the systemic challenges that have led to overrepresentation in federal incarceration facilities, as well as provincially, when it comes to indigenous peoples and racialized Canadians. We cannot have these discussions in isolation. I have grieved with families. I have grieved with the community of law enforcement officers who have lost five of their own. We owe it to them and to every single Canadian to make sure we are informing our discussion on the basis of principles that are underlined in the charter, but equally by the experiences of those who have suffered. It is in that spirit that I hope we can have this debate today. My colleague, the Minister of Justice and Attorney General of Canada, has spoken about an openness to receiving proposals with regard to the bail system. I have worked on the front lines of the criminal justice system. I have seen how these laws are applied in a very real, practical and tangible way. Even as we navigate the proposals being put forward by the various constituencies, including the law enforcement community, I hope all members will appreciate that there is no one cure-all for the challenges we face. We need to take a look at the entire suite of laws and policies, not only with regard to bail but also with regard to how we are tackling gun violence. There is a bill currently being studied by the Standing Committee on Public Safety and National Security, Bill C-21, which would equip law enforcement with additional tools to tackle gun violence by raising maximum sentences against hard traffickers and by giving law enforcement additional surveillance tools to interdict the organized criminal networks that would seek to traffic illegally firearms that make their way into our country, potentially to be used in violent crime to terrorize our communities. We also need to take a look at the other investments the government is making to support law enforcement in keeping our communities safe, including a $450-million allocation over the last few years for CBSA. That will enable law enforcement agencies to acquire the resources, the technology and the techniques that they need to build on the progress that they have made in the last two years where they have seized a record number of illegal firearms. Beyond those investments, I do think it is important as well to talk about prevention. One of the challenges I find around the debate on public safety is that we place great emphasis on laws and policies. We talk about Bill C-21. We talk about the acts that have been passed, and led and shepherded by my colleague, the Minister of Justice. We talk about Bill C-75, which, by the way, was a piece of legislation aimed at addressing the systemic and chronic backlogs in our court system so we could focus on the most serious offenders who commit the most serious crimes and pose the most serious risk to public safety. That was the genesis of Bill C-75. The purpose of Bill C‑75 was to reduce the case completion times. To hear some colleagues from the Conservative Party mis-characterize that bill as catch-and-release legislation does a disservice to this debate. We do not need slogans; we need concrete solutions. I would submit to the chamber that this is precisely what the Minister of Justice and this government have been doing. I would also say the same thing with respect to Bill C-5. We heard a colleague from the NDP point out that the last time the Conservative government had the reins of government, it introduced a number of policies that were reviewed and then struck down by the Supreme Court of Canada. We do not need a return to the failed policies and overreach, which detract and diminish from the independence of the judges to assess on the merits and based on the facts and circumstances of each offender who comes before them. What we need is a thoughtful, constitutional approach to this matter, and that was the point of Bill C-5. It was not to promote catch-and-release policies, which has been overly simplified and distilled. That may play well on YouTube or in social media, but, again, it does a disservice to the complexity of the challenges that are faced when it comes to keeping our community safe. As we focus on laws and policies, we do not talk enough about the underlying root causes. We do not talk enough about the need to provide additional support for mental health care, homelessness and poverty. We do not talk enough about the need to provide additional skills, experience and confidence to those who are most at risk of being exposed to criminal elements, which I have seen across the country and in my own community. When I had the chance to travel to James Smith Cree Nation and grieve with those families, community members told us that they knew their own, that they knew how to ensure they could take care of them and put them on the right footing. It is only through collaboration and partnership with those communities through initiatives like the building safer communities fund, a $250-million federal initiative that is administered out of Public Safety Canada, that we can start to address these challenges at the root cause so we can stop crime before it starts. In the context of the debate we are having today, we need to put as much emphasis on looking at preventative strategies, which we can work together on to advance, to see crime come down. No matter which side of the debate we are on, no matter which party we belong, no matter which constituency we represent in the chamber, the one thing I am assured of is that all Canadians are unified behind the common cause of wanting to reduce gun crime, wanting to reduce any kind of violent crime, which may find its stem in the systemic challenges that I have discussed. We need to come together to have that debate and not resort to slogans, bumper stickers or any of the other catchy phrases that we heard in the to and fro of the heated debate in the chamber, but have an actual and thoughtful debate that is based on facts and constitutional principles. That is precisely what I hope we can do today.

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Context: House Hansard - 152 - Feb/2/23

Mr. Mark Gerretsen

Feb/2/23 1:04:25 p.m.
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Madam Speaker, the member said he has been listening to the debate all morning. I am assuming he listened to the speech I just gave. I talked at great length about bail reform and how the Minister of Justice has committed to working with those leaders. He met with them in the fall, and he is meeting with them again in February. He is committed to ensuring that we can bring forward the proper legislation and the reforms necessary. By the way, this is not a bill. This is just a motion. I am very critical of the intent of this and what is behind it. I do not believe that any of the resolved clauses in here would actually make changes that were constitutional, or that would benefit anybody. I think it is necessary for the conversations to happen at the local levels, the provincial and territorial levels, so the proper reforms can come in.

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Context: House Hansard - 152 - Feb/2/23

Mr. Majid Jowhari (Richmond Hill, Lib.)

Feb/2/23 1:36:02 p.m.
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Madam Speaker, at the outset, I would like to inform the House that I will be sharing my time with the member for Sudbury. I am thankful for the opportunity to join today's debate relating to the criminal justice system, focusing on bail and repeat violent offenders. I would like to thank the hon. member for Fundy Royal for his motion and his long-standing commitment to public safety. His motion provides me with an opportunity to discuss recent reforms to the Criminal Code, specifically former Bill C-75, and reflect on what is happening in my community and what we are doing in Richmond Hill. Bill C-75 was introduced on March 29, 2018, in the House of Commons and subsequently received royal assent on June 21, 2019. The changes enacted by the bill came fully into force in December 2019. While the reforms were enacted principally to address delays and criminal justice system efficiencies related to the concerns raised by the Supreme Court of Canada in its 2016 Jordan decision and 2017 Cody decision, they also modernized and streamlined Canada's bail regime. These reforms represented the most significant changes to Canada's bail regime since the Bail Reform Act of 1972. Bill C-75 also reflected the reasoning of Canada's top court in the 2017 Antic decision. It was a product of significant consultations with the provinces and territories. It was a thoughtful and broad-ranging reform. With respect to the bail amendments in Bill C-75, they were designed to specifically streamline the bail process by increasing the types of conditions police can impose on accused in order to avoid sending unnecessary cases to court and to reduce the need for unnecessary bail hearings, and by no means were they designed to reduce the conditions assigned during bail; codify a principle of restraint to ensure that release at the earliest opportunity is favoured over detention when appropriate, and I will go into detail on that later; provide guidance so the bail conditions imposed are reasonable, relevant to the offence and necessary to ensure public safety; and finally, require that the circumstances of indigenous accused and of accused from vulnerable populations be considered at bail to better address the disproportionate impact that the bail system has on these populations. My colleagues suggest that Bill C-75 has broken Canada's bail system, that its reform forces judges to release violent repeat offenders back onto the street, and that receiving bail is easier now than ever for violent repeat offenders. By no means does the data support this. These claims are, at best, ill-informed and, at worst, very misleading. We have the data to prove that. In the past 15 years, more than half of the admissions to adult provincial and territorial facilities were for remands to await trial instead of admissions to sentenced custody. A lot of people were waiting to be sentenced or were waiting to be heard. According to Statistics Canada, the proportion of admissions to remand has increased from 54% in 2006-07 to 67% in 2020-21, despite a constant decrease in the number of adult admissions during the same period. This increase in the remand population has disproportionately affected indigenous people and persons from vulnerable populations. As a result, Bill C-75 enacted in the Criminal Code a requirement that the circumstances of indigenous accused and of accused from vulnerable populations be considered at bail in order to address the disproportionate impact that the bail system has on these populations. The amendments in the bill sought to reduce the imposition of bail conditions that are unreasonable, irrelevant and unnecessary, which was also a codification of the rules developed by the Supreme Court of Canada. However, the criteria for when accused persons can be released by police or justices were not changed. The law remains clear that detention of an accused person is justified if it is necessary to protect the safety of the public. We hear so often about the repeat offenders. It is in the hands of the justice system to ensure that it has the tools to be able to detain them. We have not changed that. Moreover, police are required to detain an accused person if there is a risk of reoffending. The Bill C-75 amendments significantly expand protection for victims of intimate partner violence, particularly within the bail regime. The bill created a definition of “intimate partner” that applies throughout the Criminal Code to clarify that it includes a current or former spouse, common-law partner and dating partner. It also created a reverse onus provision in the Criminal Code for an accused person charged with an intimate violence offence if the accused has an prior conviction for an offence involving violence against an intimate partner. This reverse onus applies regardless of whether it is the same partner, a former partner or a dating partner. What this means is that the presumption that the accused should be released pending trial no longer applies. The accused, not the prosecutor, would have to justify their release to the court. All the tools needed to prevent recidivism are there. The change to impose a reverse onus reflects what we know about the heightened risk to safety that victims of intimate partner violence face. It also signals to bail court the seriousness of the alleged offences, as well as the increased risk of reoffending in this context. Bill C-75 also added two new factors a judge must consider before making an order to release or detain an accused person. First, in an important change, bail courts now have to consider an accused's criminal record, something that may have occurred but was not mandated by the legislation. Second, the court needs to consider whether an accused has ever been charged with an offence that involved violence against an intimate partner. These two factors help ensure that courts are better informed and have a more a complete picture of prior history of violence that could threaten the safety of a victim or the public at large. As a result of these changes, bail courts are now required to take these factors into account when making a number of different possible bail-related determinations, including the decision to impose an order not to communicate with a particular victim, witness or other person, a detention order or an order to release the accused on bail. If the accused is to be released on bail, the court would have to consider whether the alleged offence was against an intimate partner in determining whether bail conditions are necessary and, if so, what type of conditions are appropriate, such as a condition prohibiting contact with the victim. Requiring bail courts to consider the safety of intimate partners before releasing an accused on bail affords increased protection to victims of intimate partner violence. Bill C-75 made changes to the bail system that respond to guidance on bail-related charter rights of the accused as found in the decisions of the Supreme Court of Canada. These changes aimed to help address the overrepresentation of indigenous people and vulnerable populations in the criminal justice system, while also increasing the efficiency of the bail system. I emphasize that Bill C-75 did not change how the bail system should respond to violent or repeat offending, and it made some admirable changes to bail for those charged with offences relating to intimate partner violence. In closing, contrary to the hon. member's suggestion, Bill C-75 has strengthened our bail system and helped protect victims of intimate partner violence.

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