44th Parl. 1st Sess.
September 18, 2023 11:00AM
Madam Speaker, I would like to ask the hon. member from the area of Ottawa about the importance of Bill C-48 for him and his constituents.
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Madam Speaker, it is obviously wonderful to rise after the unanimous consent motion was passed here in this House of Commons on a very important bill for all Canadians, including the wonderful residents in my riding of Vaughan—Woodbridge.
This past summer, I met with many of the York Region police officers in my area, including the deputy chief of police. It was clear how important bail reform is to our police officers and our policing authorities. I have a sibling who has been a member of a police agency in Canada for over 25 years. I have heard a number of times from him how important bail reform was to him and his colleagues. Therefore, I am so glad that unanimous consent was received with respect to Bill C-48. I have a few comments.
It is wonderful to see all my colleagues here. With respect to the member of Parliament for Etobicoke—Lakeshore who usually sits in front of me, I wish to acknowledge his appointment as the parliamentary secretary. He is a great friend and has been a great friend for decades and I was very happy to see his appointment as the Parliamentary Secretary to the Minister of Justice and Attorney General.
I am grateful for the opportunity to speak in support of Bill C-48, an act to amend the Criminal Code, bail reform. It proposes targeting amendments to the bail regime with the aim of enhancing community safety and reinforcing confidence in the administration of justice. Canadians have spoken and we have listened. All parliamentarians have listened.
Crime is a serious concern for communities across this nation and it must be addressed. That is why the Liberal approach is to pair legislative reform like Bill C-48 with programs that stop crime at its roots. We want to both hold criminals to account and prevent crime from happening in our communities in the first place.
At the onset, I want to highlight the positive reactions we have seen to Bill C-48 from law enforcement agencies.
The president of the Canadian Police Association called to say it is “common-sense legislation that responds to the concerns that our members have raised”.
The president of the Toronto Police Association said that “the introduction of Bill C- 48, and the clear message being sent by the government that public safety remains a top priority, will help victims of crime, as well as all Canadians know serious, repeat violent offenders can and will be held accountable for their actions”.
The Saskatoon Police Service deputy chief of police said, “It is encouraging to see the voices of the community and the policing community across Canada are being heard.”
Members need not just take my word for it. They can take the word of those law enforcement experts. Bill C-48 is an excellent piece of legislation that would make positive change in our communities and, yes, keep our communities safer. I hope that the members opposite will help us pass this bill as soon as possible.
In essence, the proposed amendments in Bill C-48 would make it more difficult for those engaged in repeat violent offending to get bail. In order to accomplish this objective, the bill proposes, among other important amendments, to, first, create a reverse onus to target serious repeat violent offending involving the use of a weapon; make certain firearms offences subject to reverse onus at bail; and broaden existing reverse onus to target repeat offenders of intimate partner violence, or IPV. This point number three is very important as intimate partner violence usually means that women are being impacted by their partners. We as a government, since day one, have been working on these issues to ensure all citizens feel safe, especially women, in their homes, in their neighbourhoods and on the streets and I applaud this.
Before elaborating on the proposed amendments, I am going to take a moment to situate these reforms within the existing bail regime. As members know, bail is when a person charged with a criminal offence is released from custody while awaiting their trial or the outcome of their case. Accused persons are presumed innocent until they have been found guilty of the offence charged and have a constitutional right not to be denied reasonable bail without just cause. This is why typically the prosecutor bears the burden of showing why the accused person should be denied bail and detained in custody. The prosecutor must show that the detention of the accused person is necessary to ensure their attendance in court, for the protection or safety of the public including a victim or witnesses, or to maintain confidence in the administration of justice. A reverse onus shifts the burden from the prosecutor to the accused person. It requires them to show why pretrial detention is not justified. This is an exception to the general rule and reflects Parliament's intention that it be more difficult to obtain bail in certain circumstances or for certain kinds of serious offences.
Through these reverse onuses, Parliament signals the importance of considering certain offences by accused persons differently at bail to advance the critical purposes of the bail system including the protection of public safety and maintaining confidence in the administration of justice.
Bill C-48 would create a new reverse onus for accused persons charged with an offence that is punishable by at least 10 years of imprisonment, which involves violence and the use of a weapon if the accused was previously convicted in the last five years of an offence for the same criteria. In addition, the bill would make certain firearms offences also subject to reverse onus at bail. These offences are unlawful possession of a loaded, prohibited or restricted firearm, breaking and entering to steal a firearm, robbery to steal a firearm and making an automatic firearm. These amendments are the product of significant collaboration among federal, provincial and territorial engagement, collaboration and co-operation. For instance, the offence of unlawful possession of a prohibited or restricted firearm is proposed to be added to the list of offences that will be subject to a reverse onus at the request of all the province and territories outlined in an open letter to the Prime Minister of Canada.
This bill also addresses concerns about the use of bear spray and blade weapons expressed by some jurisdictions and is consistent with the recommendations of key stakeholders, including police organizations. These amendments also complement the federal government's ongoing efforts toward gun control and reducing gun violence. All 13 premiers and law enforcement groups across this country support Bill C-48. If Conservatives care more about the public safety of Canadians than about petty political games, they will help us pass this bill today.
Mr. Ron Liepert: We did. You did update it.
Mr. Francesco Sorbara: I know. I would now like to turn to Bill C-75, which has been the subject of much debate recently. My thanks to the hon. member from Calgary.
Hon. members may recall that the former Bill C-75 made the most recent set of amendments to the bail regime, amendments that were informed by extensive consultation with the provinces and territories and that were debated and voted on in Parliament.
The former Bill C-75 did not change the law on bail. It codified binding Supreme Court of Canada decisions and sought to reduce the number of accused persons in pretrial custody for low level, non-violent offences. It also enacted a reverse onus for accused persons charged with an offence and involving intimate partner violence if they have a prior conviction for violence against an intimate partner. This amendment effectively made it harder for those accused of repeat intimate partner violence, or IPV, to obtain bail. This bill would again strengthen this reverse onus by ensuring that it applies not only to previously convicted persons, but also to those previously discharged of an IPV-related offence. Offenders who are discharged of an offence are found guilty but are not convicted, in appropriate circumstances, in order to avoid the implications of having a criminal conviction. Again, it is so important that intimate partner violence be reduced in Canada. We know that every year countless numbers of women are killed by their partners and we must put a stop to it with all the tools we have available. Through Bill C-48, we are acting on that.
I am going to take a moment to remind hon. members of the systemic discrimination inherent in Canada's criminal justice system. In developing Bill C-48, the federal government was mindful of the potential impacts on indigenous people, Black persons and members of all vulnerable groups, such as accused persons facing mental health or substance abuse challenges who are already overrepresented in pretrial custody. That is why this bill proposes targeted amendments to the bail regime and addresses violent offending specifically.
Any reform to the current bail regime must seek to promote community safety and reinforce public confidence in Canada's bail system, while also considering and attenuating any potential disproportionate or negative impacts on these groups.
Ministers of justice and public safety across the country have agreed that both legislative and non-legislative action is required to ensure that our bail system operates as intended. We know from key stakeholders that enhancing public safety requires non-legislative solutions such as improving reintegration programming, allocating our resources to community-based bail supervision and enforcing bail conditions. I am pleased to see that all levels of government are stepping up to take action within their respective areas of responsibility.
In conclusion, I firmly believe that Bill C-48 as a direct action taken at the federal level strikes the appropriate balance in promoting community safety, reinforcing public confidence in how Canada's bail system deals with repeat violent offenders and in respecting the Charter of Rights. I am glad to see that all members have come together to pass this bill with unanimous consent.
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Madam Speaker, as a government, we have collaborated and acted in unison with provinces, territories and police organizations to come up with a bill, Bill C-48, that is charter compliant. It also brings in a number of provisions to make sure that our streets, our communities and our families feel safe. We want them to know that they are safe, the law is on their side and they can enjoy their livelihoods and their families. Kids can be in their communities, and their families will know they are safe.
We have three daughters at home and lots of kids in our neighbourhood. We understand the issue of property crime. We want to make sure that all Canadians feel safe in their communities, and this bill is one large step in that direction. It is great to see that unanimous consent was received from all parties regarding Bill C-48.
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Madam Speaker, it is great to see the hon. member for Kamloops—Thompson—Cariboo back here in Ottawa. Our families have known each other for approximately six decades, if I am not mistaken.
As a government, we are always taking action to protect the citizens of this country, as well as to ensure that our streets are safe and our families are even safer. That is a very important priority for all 338 members of Parliament here. Our citizens sent us here to ensure that we do the right thing. Bill C-48 is a great piece of legislation that will keep Canadians even safer.
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Madam Speaker, I would like to congratulate the Minister of Crown-Indigenous Relations on his appointment; it is well-deserved.
We want to see the Senate deal with this bill effectively and efficiently, as all 338 members in this House did by providing unanimous consent for it. We would like to see the same thing done in the Senate as expeditiously as possible.
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