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House Hansard - 222

44th Parl. 1st Sess.
September 21, 2023 10:00AM
Context: House Hansard - 222 - Sep/21/23
Mr. Warren Steinley
  • Sep/21/23 1:54:30 p.m.
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  • Re: Bill C-33 
Yes, Mr. Speaker, we will be bringing some of our ideas to committee, either by me, if I can sub in, or through my wonderful colleagues who are on the committee that this bill will be going to. I appreciate the ability to add to the witness list because there are a lot of agriculture stakeholders who need to be consulted about this legislation and amendments need to be proposed to make it better. My hope is that when the witnesses and experts in the field of transportation come to committee to talk about what was missed in this bill, our colleagues from the Liberals and NDP will listen and not just shoot down their ideas.
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Context: House Hansard - 222 - Sep/21/23
Mr. James Maloney (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada, Lib.)
Madam Speaker, I am pleased to join the second reading debate today of Bill S-205, an act to amend the Criminal Code and to make consequential amendments to another act, interim release and domestic violence recognizance orders, which was passed in the Senate this past April. I think all members would agree that the objective of Bill S-205 is laudable. The proposed amendments aim to better protect victims of intimate partner violence, which is the most common form of police-reported violent crime against women, particularly against indigenous women and increasingly against those who have other intersecting identities. Overall, the government supports the bill, as I believe its objective is important. However, as I will discuss further below, I am concerned about some of the proposed changes. Bill S-205 seeks to address the issue of intimate partner violence through changes to the bail and peace bond regimes in the Criminal Code and by making consequential amendments to the Youth Criminal Justice Act. In particular, Bill S-205 would require courts, prior to making a bail order for an offence involving actual, threatened or attempted violence against an intimate partner, to ask prosecutors if the victim had been consulted about their safety and security needs. The courts would also be required to ask the prosecutor whether victims have been informed of their right to request a copy of the bail order made by the court. Bill S-205 would also expand the existing intimate partner violence reverse onus for bail so that it would apply not only to accused who were previously convicted but also to those previously discharged, conditional or absolute, for an intimate partner violence offence. The government has done this exact change in Bill C-48, which received unanimous consent in the House earlier this week, and I hope will pass the Senate very quickly. In a reverse onus situation, the accused has the responsibility to demonstrate that detention in custody while awaiting trial is not justified. In addition, Bill S-205 would require a justice to consider, on request by the Crown, whether the accused should wear an electronic monitoring device as a condition of release. Earlier this year, Bill C-233, an act to amend the Criminal Code and the Judges Act, violence against an intimate partner, received royal assent. My colleague, the member for Dorval—Lachine—LaSalle, brought forward that important legislation, and I was very proud to support it. The bill also included a provision related to electronic monitoring that could apply in cases involving intimate partner violence. Bill S-205 would undo this change, which is one of my concerns. Undoing my colleague's bill would mean that, if this bill were passed, electronic monitoring would be identified as an explicit condition of bail that could be imposed in all cases and not just in cases involving violence against an intimate partner, as is now the case because of the changes enacted through Bill C-233. This is something that we would need to review at committee to ensure that the two pieces of legislation work together. Last, the bill would create a new peace bond specific to cases involving intimate partner violence with a duration of up to two years, or three years if the defendant was previously convicted of an intimate partner violence offence. I want to reiterate that I support the objective of this bill, but I believe the changes should be considered by the status of women committee to better align the proposed amendment with its objective. These changes could also minimize the potential for unintended negative impacts on groups who are already overrepresented in the criminal justice system and ensure coherence with the existing criminal law. For instance, the requirements for courts to ask if an intimate partner has been consulted about their safety and security is duplicative of existing provisions. The Criminal Code already requires courts to take into consideration the safety of any victim of an alleged offence when crafting a bail order and to include in the court record a statement that they did so. Duplicating provisions always carries the concern of creating confusion with prosecutors and judges, and we want to avoid that at all costs. Other concerns centre around the proposed amendments regarding electronic monitoring. As I mentioned, Bill C-233 amended the Criminal Code to explicitly provide that a court consider the imposition of electronic monitoring as a condition of release for an accused charged with an offence involving the use, attempt or threat of violence against their intimate partner. In contrast, the current provisions of Bill S-205 would explicitly list electronic monitoring as an optional condition for any offence, which has much broader application. If we want to focus on protecting victims of intimate partner violence, we need to be clear about the intention on whom the courts should be focusing on for use of electronic monitoring. Available data shows that the poverty rate for indigenous people living off reserve and for racialized individuals far exceeds that of non-indigenous and non-racialized populations. I am worried that this broad application of electronic monitoring will negatively impact these groups who, as we know, are already overrepresented in the criminal justice system. There is also cause for concern that should electronic monitoring be explicitly added to the Criminal Code as a potential condition for release on bail, it could become more routinely imposed, even in cases where it may not be warranted. For these reasons, I do not support the electronic monitoring changes as drafted in Bill S-205. I am, however, generally supportive of the changes to enact a peace bond specific to intimate partner violence. At the same time, I see ways in which this provision can be improved. For example, consideration should be given to amending the provision that states who may apply for the peace bond. Currently, the provision is drafted so that the person who fears that injury would be caused to them, or their children, can apply for the peace bond. I believe that it might be more appropriate to broaden this so that anyone can apply, for example, a police officer. I also think it is worth considering whether the proposed duration, conditions and procedures of the new peace bond should be amended so that they are consistent with peace bonds already contained in our Criminal Code. About a month ago, our government called gender-based violence an epidemic, as have a number of municipalities, including my own in the city of Toronto. It is important that we work to combat gender-based violence in all its forms, including intimate partner violence. I know that we are all committed to taking action to address intimate partner violence. This was demonstrated by the passing of my colleague's bill, Bill C-233. I look forward to working with all parliamentarians to continue advancing this important objective, while remaining mindful of the unintended consequences some provisions of this bill may cause.
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