44th Parl. 1st Sess.
September 18, 2023 11:00AM
Mr. Speaker, I listened with interest to my colleague's speech and I think it is important to underline where the fault line actually is in this debate. I think there would be agreement throughout the House that a young person who makes a mistake should have a second chance. Of course, there are many cases where it is legitimate for a person to have bail.
We have highlighted these cases of repeat violent offenders who continue to get bail. Somebody who commits a violent crime is on bail for that violent crime and then goes out and kills someone. Clearly, there is a problem in those cases of extremely violent offenders getting bail and committing those offences again. It is a problem that owes a great deal to a decision made by the government, supported by the NDP, to make changes to the bail system when it first took office.
We are not talking about the many instances where bail is legitimate. We are talking about these cases of repeat violent offenders.
I would like to hear from the member why he does not support our position of reversing those changes, to actually get back to somewhere we were previously on this.
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Mr. Speaker, once again, the member is mixing bail with all kinds of other questions in criminal justice and the Criminal Code. What I do have to say, and I want to emphasize it once again, is that while there are a few cases, and they are not very numerous, of repeat violent offenders reoffending, they are serious and we need to act and take care to make sure those do not happen again.
Bill C-48 addresses those. The police associations across the country say that it does. Premiers are satisfied that it does. I am not sure why the Conservative Party is not satisfied that it would deal with that problem.
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Mr. Speaker, I want to address something that the member said, which is that Bill C-48 would result in more people being in pretrial detention.
Precisely because it allows the option of community-based bail supervision, the opposite would be the case. This bill would actually result in fewer people being detained before their trials. That is the important aspect that New Democrats argued for and convinced the government to include in this bill.
If we are interested in public safety, as I said, yes, we need to deal with repeat violent offenders. We also need to deal with recidivism. The way one deals with recidivism is to keep people out of jail, keep them in their employment, keep them with their families and provide them the supports they need to be productive citizens in this country.
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Mr. Speaker, it is always a pleasure to rise on behalf of the people from Kamloops—Thompson—Cariboo.
We talk about reverse onuses and the member mentioned perhaps we should be looking at different things and different private members' bills if they are not in this legislation.
The issue of firearms and repeat firearms offenders is one of significant concern. Does he agree that those who have repeatedly used firearms should also be targeted by a differential reverse onus, perhaps one that is ramped up from the current one? As he said, those who go to acquire an illegal firearm are, themselves, going out of their way to commit crime.
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Mr. Speaker, I do not know if that lulled the volume, but let me go on with what Mark Baxter, the president of the Police Association of Ontario, had to say:
Police personnel haven’t just been asking for a “tough on crime” approach, we have been advocating for a balanced approach that includes prevention and rehabilitation, but also recognizes that a small number of repeat, violent offenders need to be held accountable for their actions. Bill C-48 is a step in the right direction, and we sincerely hope the Courts will use these new measures that are being introduced by the government in cases where circumstances warrant.
The last quote I would like to refer to is from Jon Reid, the president of the Toronto Police Association. He said:
Our members recognize that our Charter ensures we all benefit from a presumption of innocence, but for too long the current balance has put the rights of an accused well above the rights our communities have to public safety and security. Ensuring the public maintains its confidence in the administration of justice is paramount, and I believe 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.
I believe that reinforces the messages we are hearing from politicians of all political stripes and at all levels of government that recognize we want our communities to be a safe environment for our constituents. Bill C-48 is a progressive piece of legislation that has had extensive consultations. It would make a profound and positive difference by ensuring the communities in which we live are safer. That is why I believe we should look to the Leader of the Opposition and hold him to his word when he spoke of it having a quick passage.
I believe the intent of the House of Commons is to see this legislation passed in a quick fashion to allow it to go to committee. I have not heard anyone say that the principle of this legislation is something they cannot support. With that type of support for Bill C-48, I would conclude that it is the type of legislation that should get passed through the House to allow the committee to do the fine work that it does.
We need to remember that this is all about keeping the communities that we represent safer. To me, that is so very important. That is why I stand today with my colleagues in support of the legislation with the hope of seeing it passed in a relatively quick fashion.
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moved for leave to introduce Bill C-351, An Act to amend the Corrections and Conditional Release Act (maximum security offenders).
He said: Madam Speaker, I am proud to rise in the House today to introduce a private member's bill.
Canadians were shocked to learn that Paul Bernardo, a dangerous criminal, had been transferred from a maximum-security prison to a medium-security prison. This bill amends the Corrections and Conditional Release Act to require that inmates who have been found to be dangerous offenders or convicted of more than one first-degree murder be assigned a security classification of maximum and confined in a maximum security penitentiary or area in a penitentiary.
A similar bill was introduced in the spring by my colleague from Niagara Falls, whom I would like to thank for his work. My bill includes a coming into force provision that, once the bill is passed, will speed up the process and ensure that such a situation never happens again. I would also like to thank my colleague from Charlesbourg—Haute-Saint-Charles for his contribution and hard work in support of a justice system that puts victims first. I look forward to discussing this further at second reading.
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- Sep/18/23 4:10:27 p.m.
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Madam Speaker, I rise for the ninth time on behalf of the people of Swan River, Manitoba, to present a petition on the rising rate of crime.
The common people of Swan River are demanding a common-sense solution to repeal the Liberal government's soft-on-crime policies that have fuelled a surge in crime throughout their community. A surge of robberies by repeat offenders has forced nearly every business to install bars on their windows and buzzers on their doors, and now many local businesses are considering closing their doors for good. To say that crime has significantly impacted the local economy is an understatement.
The people of Swan River demand that the Liberal government repeal its soft-on-crime policies that directly threaten their livelihoods and their communities. I support the good people of Swan River.
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Madam Speaker, I hope my hon. colleague from Kamloops—Thompson—Cariboo had a good summer. I know his area was also affected quite heavily by smoke.
I heard the exchange with the hon. member for Esquimalt—Saanich—Sooke. I know it is tempting in this place to paraphrase what another member has said, and in some way, make their comments seem less responsive to public will.
I just know that when my colleague from Esquimalt—Saanich—Sooke commented about offenders who were shoplifting, it was not to trivialize what they were doing. Rather, it was to clarify a statistic used earlier in this place by a different member, who categorized a large number of offences as due to violent crimes. The member for Esquimalt—Saanich—Sooke was merely providing a factual context that a lot of those crimes were not violent. I do not think he trivialized them.
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Madam Speaker, in response, I do not believe that my hon. colleague who mentioned this was providing any sort of evidentiary basis or any sort of statistics to prove that.
Whether something is trivialized is obviously in the eye of the beholder. My point was that, when we talk about different things, it is my view that these types of offences can become very serious. We are not talking about dealing with people who have one-off offences. Nobody is asking to lock people up and throw away the key for somebody who messes up.
We are looking at a subset of serious offenders who disproportionately commit a significant number of offences. I believe our leader will be the next prime minister. When he says we should be targeting these people who have committed a disproportionate number of crimes, that is not something to trivialize. Those are the people we should be addressing in our legislation.
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Madam Speaker, I will be sharing my time with the member for Vaughan—Woodbridge.
I would like to speak to the bail reform bill, Bill C-48, an act to amend the Criminal Code.
Canadians deserve to feel safe and be safe. We have a critical issue that affects the safety and well-being of our communities. It is the need to strengthen our bail laws and tailor them to focus on violent repeat offenders and intimate partner violence. It is an issue that strikes at the very heart of public safety and the preservation of justice. That is why we introduced the bill, which is a targeted reform to our bail laws and is designed to focus on violent repeat offenders, gun and knife violence and intimate partner violence.
Bail laws, at their core, exist to strike a delicate balance between individual rights and the collective safety of society. They ensure that individuals accused of crimes are not unjustly incarcerated before trial, upholding the cherished principle of “innocent until proven guilty”. However, this balance can be challenging to maintain, especially when dealing with violent repeat offenders and those accused of gun and knife violence or intimate partner violence.
We developed this bill by obtaining expert advice and adopted an evidence-based approach to put Canadians first and address public safety concerns in our bail system. We have a legitimate concern that violent offenders may pose a significant risk to the community if they are released from custody while awaiting trial.
Bill C-48 would strengthen the law by targeting repeat violent offenders who use weapons when committing crimes and those who have a history of violent offending and firearms-related crime. Violent repeat offenders are individuals who have shown a pattern of engaging in dangerous and harmful behaviours repeatedly. They pose a clear and present danger to our communities. Strengthening bail laws in those cases is not about denying their rights but about prioritizing public safety.
By focusing on comprehensive risk assessments that take into account an offender's history and propensity for violence, we can ensure that these dangerous individuals are held accountable for their actions, while respecting the rights of others. We also need a stricter approach to bail for violent offenders to act as a deterrent. This would discourage individuals from engaging in violent criminal behaviour in the first place, as they may be less likely to receive pretrial release. This bill would send a strong message that judges ought to seriously consider the public safety risk posed by repeat violent offenders at the bail stage, while ensuring that the fundamental charter right to bail remains intact.
Bill C-48 would also strengthen the government response against intimate partner violence offences by expanding the reverse onus on these offences. The harrowing reality is that countless individuals suffer in silence, trapped in abusive relationships. Strengthening bail laws to protect victims and potential victims of intimate partner violence is not just a legal obligation; it is a moral imperative. We must provide a safe path to justice for survivors, ensuring that those accused of such heinous acts are not released to perpetrate further harm.
The bill would create a new reverse onus for accused persons charged with a serious offence involving violence and the use of a weapon where the accused was previously convicted of an offence of the same criteria within the past five years. A reverse onus for bail presumes that the accused should be detained pending trial and requires them to demonstrate why they should be released. A reverse onus does not mean that an accused will not be able to obtain bail. It means that the onus of proof has shifted to the accused, reflecting our intent that it ought to be more difficult to obtain bail in these circumstances.
One of the provisions of this bill is new considerations and requirements for courts regarding an accused’s violent history and community safety. Bill C-48 would add a requirement that courts consider whether an accused person has a history of convictions involving violence when making a bail order. It would also require courts to state on the record that the safety and security of the community were considered when making a bail order.
Bail reform has long been the subject of federal, provincial and territorial collaboration because of shared jurisdiction over bail laws and their implementation. Bill C-48 responds directly to calls for reform from the provinces and territories. This bill is the product of collaboration with the provinces and territories. Hence, we have wide and unanimous support for this legislation from all provinces and territories.
The bill has benefited from input from mayors, police, parliamentarians, indigenous leadership and the legal community. Bill C-48 is part of our broader strategy to ensure the safety of all Canadians and is an example of what we can achieve when we work together.
Let me put on record the support this bill has received from key stakeholders.
The Premier of British Columbia said, “From the British Columbian perspective, this is a huge priority. We need this bill passed. This is something that has wide support, all-party support, all-premier support, and action needs to be taken.”
The Premier of Ontario, Doug Ford, said, “I'm urging the federal government to use this time to quickly pass their bail reform bill.”
The Canadian Association of Chiefs of Police stated:
We commend the federal government for acting on the urgency for legislative change and for recognizing that our...amendments were not calling for a complete overhaul of Canada's bail system....
We are convinced that the legislative changes put forth in Bill C-48 will go a long way to help eliminate the preventable harm and senseless tragedies attributable to violent and repeat offenders across Canada.
The president of the Canadian Police Association stated:
Front-line law enforcement personnel have been asking the government to take concrete steps to address the small number of repeat violent offenders who commit a disproportionate number of offences that put the safety of our communities at risk. We appreciate that [ministers] have worked collaboratively with stakeholders and introduced this common-sense legislation that responds to the concerns that our members have raised.
The Ontario Provincial Police Association stated:
Our members appreciate the virtually unprecedented consensus that formed calling for concrete action on bail reform, and we’re glad to see the government has responded with the introduction of Bill C-48. We look forward to working with all stakeholders and Parliamentarians to see this legislation pass quickly.
The president of the Toronto Police Association said:
Our members recognize that our Charter ensures we all benefit from a presumption of innocence, but for too long the current balance has put the rights of an accused well above the rights our communities have to public safety and security. Ensuring the public maintains its confidence in the administration of justice is paramount, and I believe 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.
I would like to end my speech by quoting Brian Sauvé, president of the National Police Federation, who said:
We see the federal government’s tabling of Bill C-48...as a good first step, but this cannot be the only solution. Provincial and territorial governments must now look at their own justice systems and make needed improvements. Our justice system is complex, with many interrelated challenges and flaws that cannot be addressed through legislation alone.
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Madam Speaker, my question to the hon. member is about how we deal with repeat offenders. One of the proposals in the bill is to make the option of community-based bail supervision available in all cases for the judge to select. That means that people could get bail who would otherwise end up in detention before trial. What we really need is the commitment of resources from the federal government to get that program under way, because it is far cheaper than detaining people and has much better outcomes, in terms of public safety.
Is the member prepared to commit the government to support community-based bail supervision?
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Madam Speaker, we have come to this stage after seeing how repeat violent offenders can get bail easily and recommit violent offences. The main purpose of this particular legislation is to strengthen our bail system so that repeat violent offenders do not get bail easily and that there is a reverse onus on them to prove that they should get bail.
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Madam Speaker, the member left out of his remarks that, under the government over the past eight years, we have seen the reversal of a decades-long trend of lower rates of crime and lower rates of incarceration. We have also seen the emergence of chronic, repeat violent offenders running amok in Canadian cities and burdening local police, who repeatedly arrest the same people. They arrest them over and over again. This bill is, in part, damage control; it is undoing what the government did in its first Parliament.
Will the member take this opportunity to admit that the Liberals' approach has been wrong and that they will be reversing the approach that got us to this point?
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Madam Speaker, it is always a pleasure to rise on behalf of the people of Kamloops—Thompson—Cariboo.
One of the things my hon. colleague highlighted is the fact that what we are dealing with is really a small piece of the overall crime pie. The pie itself, and the difficulty that we are in, really lies with the Liberal Party, whether it be Bill C-75 from the last Parliament, Bill C-21 or Bill C-5. We now have sexual offenders or people who have committed serious gun crimes who can serve their sentence from the comfort of their home.
I would ask my hon. colleague this: How much further do we need to go, and is this going to help in a meaningful and significant way?
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Madam Speaker, my question for the member for Thornhill has to do with solving the large number of repeat offenders who are not involved in violent crime. I wonder if she would agree with me that part of the solution for most of the people who cause most of those cases the Conservatives like to talk about is to get people into substance abuse treatment and mental health programs and lift them out of poverty so they can truly become more productive members of our Canadian society.
Instead, the Conservatives have been arguing against a lot of the decriminalization of drugs that would lead to better treatment programs. Which is it for the Conservatives? Are we going to put money into resources and treatment so we can reduce this incidence of crime in our local communities?
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Madam Speaker, the reference to the horrific murder outside the Starbucks is about the rise in violent crime generally in Canada, and in my province of British Columbia, which we see unfortunately playing out, including on social media where people, and it is hard to even say, tape and send the videos out of actual murders of Canadian citizens.
That was one such situation. It is horrific. It has been brought about by an overall attitude of the Liberals and NDP in their coalition that is soft on crime and that does not deal with the most prolific repeat violent offenders. That is who we want to see targeted in our Criminal Code legislation. We will take the steps to do what is needed to get that job done.
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Madam Speaker, it is always a pleasure to rise on behalf of the people of Kamloops—Thompson—Cariboo.
Before I begin, I just want to recognize a constituent who passed away, Ms. Anna Russo. I know that she leaves behind a daughter, Pina Russo. Her daughter Susie Russo, who was beloved in the Italian community, predeceased her. I send my condolences to the family.
My question to my hon. colleague is this: The member for Vancouver Kingsway just mentioned that people can be detained on their record. I recently spoke to a prosecutor who told me that somebody was in court for a bail hearing with 12 open files. Would my colleague agree that this is out of control, given those circumstances, and that we are not just dealing with one or two times of repeat offenders?
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