44th Parl. 1st Sess.
November 30, 2023 10:00AM
- Nov/30/23 3:12:53 p.m.
- Watch
Mr. Speaker, I have two points. First of all, the only senators who are managed by anyone in this chamber are Conservative senators who sit in the caucus of the Leader of the Opposition.
The second point is that if members opposite were so concerned about food affordability, I would urge them to take a look across the pond at the instability that Vladimir Putin's illegal war is causing to food and supply chains around the planet. Ukraine is traditionally known as the bread basket of the planet. Food supply issues and the cost of food are directly related to that illegal war.
It would be great if the members opposite got behind supports like the Canada-Ukraine Free Trade Agreement.
122 words
- Hear!
- Rabble!
- add
- star_border
- share
- Nov/30/23 3:42:41 p.m.
- Watch
Mr. Speaker, I rise very seldom on these kinds of matters, but I think it is really critical to appreciate the importance of freedom of expression not only in this country, but also in this chamber.
In this chamber, we attempt to critically reflect the views of our constituents. There are times when I have heard things, on both sides of this chamber, and I have been here for eight-plus years now, that I do not agree with and that I am sure others do not agree with.
However, the notion of shouting down an individual, not once, but five times, and preventing them from actually being able to deliver their S. O. 31 is something I have not seen before. I think it merits reflection on your part, Mr. Speaker.
132 words
- Hear!
- Rabble!
- add
- star_border
- share
moved the second reading of, and concurrence in, amendments made by the Senate to Bill C-48, An Act to amend the Criminal Code (bail reform).
He said: Mr. Speaker, I thank the hon. members. I am very pleased with the progress of Bill C‑48 in both Houses, and I am happy to be speaking to it again here.
This bill will strengthen our bail laws so they continue to protect our communities and maintain public confidence when it comes to violent repeat offenders and weapons offences.
I will start by briefly reiterating the bill's intent. I will then describe the amendments proposed by the Standing Senate Committee on Legal and Constitutional Affairs. Lastly, I will lay out the government's position on these amendments.
This bill demonstrates our government's commitment to public safety and my commitment to public safety. We will always fight to ensure that our communities are protected from violent crime. Families have been forever changed because of senseless killings.
I want to take this moment to express my sincere sympathies to victims of violence and their loved ones. A 16-year-old, Gabriel Magalhaes, was fatally stabbed at a subway station in my own riding of Parkdale—High Park. This terrible act should never have occurred. We need to do address crime, as well as what causes crime, to stop future violence from occurring.
Bill C-48 is the culmination of extensive collaboration with provinces and territories, with which I have been working very closely. All 13 premiers came together and called for bail reform. We responded to this call and went even further in Bill C-48.
In addition to the premiers, Bill C-48 has received support from municipal leaders, police groups and victims' organizations right across the country, from coast to coast to coast. I am pleased to see such incredibly widespread support for a measure that would ensure Canadians can live free from fear of violence.
I am also grateful for the discussions we have had with national indigenous organizations on the topic of bail reform. Their views help us better understand how we can keep indigenous communities, and all communities, safe. I look forward to continuing my collaboration with representatives of these important organizations.
I also want to take a moment to acknowledge and recognize that members from all parties passed Bill C-48 unanimously in the House back on the first day of the fall session, on September 18. It was clear then that all of us recognized the importance of these measures. I am very hopeful that we can maintain the same unanimity of purpose today.
Public safety is paramount. It is fundamentally why all of us were elected to this chamber. Every member of this chamber wants the communities that we represent to be free from violence. I thank my colleagues for their support to date and I hope I can count on it today and going forward.
On this side of the House, we also commit to maintaining public safety while looking also at tackling the root causes of criminality. We need more mental health resources so that people in crisis do not resort to violence. I say this on a day when we have just launched the 988 suicide helpline. We need social services to help offenders reintegrate safely into their communities after serving their time. We need treatment options for those struggling with addiction so that they do not get mired in conflict. Investing in long-term solutions to crime is a core belief of mine and of our Liberal government.
Too often, I have heard fearmongering for political gain from people in this chamber. We need solutions; we do not need finger pointing. We need investments in long-term safety. We need evidence-based legislation. I challenge my colleagues to join me in supporting community investments so we can stop crime at its root.
I will now discuss the substantive changes proposed in Bill C-48. Canadians expect laws that both keep them safe and respect the rights enshrined in the charter. In Bill C-48, I believe we have struck that balance.
Bill C-48 is a targeted approach to stopping repeat violent offenders. The bill proposes amendments to the reverse onus bail provisions in the Criminal Code to make it more onerous for certain accused persons to receive bail. A reverse onus does simply this. It shifts the burden of proof at a bail hearing from the Crown to the accused. This means that there is a presumption that the accused will be detained unless they can demonstrate to the court that they should be released because they do not pose a significant risk to public safety, are not a flight risk or that their release would not undermine the confidence of the public.
What Bill C-48 would do is add a reverse onus provision to ensure greater scrutiny of cases involving repeat violent offending with weapons. For this reverse onus to apply, the accused must, one, be charged with a violence offence involving the use of a weapon. Two, they must have been convicted in the last five years of a violent offence involving the use of a weapon. Three, both the offence charged and the past offence must have a maximum term of imprisonment of 10 years or more. This threefold criteria would encourage courts to focus their attention on those who present a higher risk of reoffending at the bail stage of criminal proceedings.
Second, four firearms offences would be added to the reverse onus provisions that currently exist. This proposal has the broad support of law enforcement agencies right across this country, from literally every province and territory. It would implement the call from all 13 premiers of three different political stripes to add a reverse onus for the offence of possessing a loaded prohibited or restricted firearm. What we would be adding to the premiers' request is unlawful possession of a loaded or easily loaded prohibited or restricted firearm, breaking or entering to steal a firearm, robbery to steal a firearm and making an automatic firearm. Anyone involved in those offences would be subject to the same reverse onus.
This bill would also clarify the meaning of a prohibition order at the bail stage. A reverse onus at bail currently applies to accused persons charged with offences involving firearms or other weapons where they are subject to a weapons prohibition order. This bill would make absolutely clear that a prohibition order includes a bail condition prohibiting an accused from being in possession of firearms or other weapons.
The other changes proposed by Bill C-48 relate to considerations that courts must make in their bail decisions. This bill would require bail courts to consider if the accused person's criminal record includes a history of convictions involving violence regardless of whether the accused is subject to a reverse onus.
In addition, Bill C-48 would add a further requirement that bail courts expressly consider the safety and security of the community in relation to the alleged offence when making a bail order, in addition to the safety and security of any victim who is involved. This would ensure that specific concerns from smaller municipalities, indigenous communities and racialized or marginalized communities are taken into consideration at the bail hearing. That directly responds to what we heard, particularly from small communities in Canada's north, including small indigenous communities in the north, which wanted their needs reflected and views heard at such bail hearings.
Let me now turn to two changes the Senate is proposing to make to this bill.
The first proposal of the Senate relates to an amendment that would require a statement in the record of proceedings as to how a justice or justice of the peace considered section 493.2 of the Criminal Code. This section states that, when making a decision relating to bail, courts shall give particular attention to the circumstances of indigenous accused and accused who belong to a vulnerable population that is overrepresented in the criminal justice system and that is disadvantaged in obtaining bail.
This is a mandatory provision that requires courts to turn their minds to these circumstances anytime they make a bail decision. What the Senate is doing is doubling down on that provision and emphasizing its importance. In terms of the overrepresentation of Black Canadians and indigenous persons in the criminal justice system, overrepresentation is a critical problem and I welcome this amendment.
The provision being cited by the Senate was originally enacted in 2019. Since then, many cases on the application of this provision have developed guidance for bail courts. It is clear from these cases that failing to adequately consider section 493.2 is an error of law that is a reviewable error. That said, the Senate heard from some witnesses that section 493.2 is not always considered and not always applied consistently despite there being a requirement to do so.
What the proposed amendment from the Senate would do is ensure that bail courts are fulfilling their obligations to consider these particular circumstances in every applicable case and recording that they have done so. This amendment would also be consistent with the preamble of Bill C-48, which currently reiterates “the need to consider the particular circumstances of accused persons, including those from populations that face disadvantages at the bail stage and are overrepresented in the criminal justice system”. In light of this, the government and I support this amendment and invite all members of this House to vote in favour of it.
Tackling the overincarceration of Black, indigenous and marginalized Canadians remains a fundamental priority for me and the government. We cannot accept a status quo in which marginalized groups are disproportionally incarcerated on account of systemic factors, including systemic racism and discrimination. To date, we have made progress on addressing this problem, including by removing multiple mandatory minimum penalties in the form of Bill C-5, which has already passed in the House.
There is always more work to do. I am proud of the work we have done on implementing assessments of the impact of race and culture and relaunching the anti-racism action plan, as well as the work that is ongoing on the Black justice strategy and the indigenous justice strategy. This is all fundamental to the work that will continue to be done to address systemic inequalities in the justice system.
The second amendment adopted by the Senate specified that this legislation be referred to a standing committee of the Senate for review at a future date. The effect of this amendment is that both the House of Commons and the Senate would be required to review the legislation five years after the act receives royal assent. I support this change as well.
I am encouraged by the speed at which we were able to reach a consensus in the House of Commons last time we studied this bill on September 18. I would suggest that we do the same so that the bill can be passed as soon as possible.
I would like to conclude by pointing out that bail is a responsibility shared by the federal, provincial and territorial governments. Every level of government has a role to play to make sure that our bail system works as intended. The government is doing its part, but non-legislative changes such as access to permanent housing and mental health and addiction support services are also key elements in improving our bail system.
I commend the work recently done in these areas, and I will continue to collaborate with all levels of government to make sure that the objectives of the bail system are achieved. I also undertake to make sure that we collect accurate and complete data on the bail system in Canada, and I will continue to work with our partners to that end.
Data sharing is essential for monitoring our bail system and ensuring it functions properly. I call upon provinces and territories to collect and share enhanced bail data. This will allow us to make evidence-based changes to bail law in the future.
2042 words
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, I thank the member for Cypress Hills—Grasslands for outlining that important situation. It reflects the needs and concerns of communities right around this country, particularly with respect to firearms.
What I would identify for him is that we have firearms legislation that is currently in the Senate: Bill C-21 is geared toward promoting community safety.
I would also refer him to the specific provisions asked for by Conservative, Liberal and NDP premiers right around the country about ensuring that bail is not provided when people have violated the rules relating to having a loaded, prohibited or restricted firearm. We have added to those and have actually gone further than what was asked for by the premiers to include those who break and enter to steal a firearm, use robbery to steal a firearm or make an automatic firearm.
There is no doubt that ensuring that we get tough with firearms and those who use firearms to commit crimes is part and parcel of keeping our communities safe. This bill will help do that by ensuring those types of people do not get bail, as will Bill C-21.
193 words
- Hear!
- Rabble!
- add
- star_border
- share
- Nov/30/23 4:16:49 p.m.
- Watch
Madam Speaker, I would like to thank the Bloc Québécois member for his important question. We are trying to find that balance, as he pointed out. That is in fact the responsibility of every government when it comes to constitutional rights.
What I will stress is that this is indeed a delicate balance. If we promote reverse onus in the context of bail, we need to always respect paragraph 11(e) of the Canadian Charter of Rights and Freedoms, which protects the right to reasonable bail.
The Supreme Court of Canada has already ruled that the burden of proof can be reversed in certain specific contexts. In our opinion, this bill follows the Supreme Court of Canada’s instructions and advice. We respect the individual’s right to bail, as well as the collective right to be protected against violent crime.
147 words
- Hear!
- Rabble!
- add
- star_border
- share
- Nov/30/23 4:18:44 p.m.
- Watch
Madam Speaker, I thank the hon. member opposite for his work on the justice committee and for his dedication to this cause, as well as the dedication of the B.C. NDP government, in terms of promoting this.
With respect to the issue that he has raised, I would say that he is absolutely accurate. One cannot be addressing one facet without addressing some of the complementary features. I would point him to a couple of things.
First, in terms of the commitments we have made financially, in terms of health care supports throughout the country and in terms of the $190-billion 10-year deal that was struck by our government with various provinces, in that accord, we targeted certain sectors or certain categories of health care treatment, including mental health.
Second, I would also underscore that we have put money into the system to help with guns and gangs. That guns and gangs portion or envelope of money, which totals over $700 million over the last four years, is being used by law enforcement personnel around the country to ensure that the bail provisions we are putting forward are coupled with the tools necessary for law enforcement to ensure that they are keeping communities safe on the ground.
210 words
- Hear!
- Rabble!
- add
- star_border
- share
- Nov/30/23 4:20:38 p.m.
- Watch
Madam Speaker, I will say to the member that it has been quite remarkable in terms of the support that went into the development of this bill and in terms of law enforcement personnel and political leaders around this country, who are urging us to get this bill done.
I will say quite candidly that I took it as an opportunity when the leader of the official opposition said to get this bill done, to let us reconvene Parliament. He said on a radio show, in the middle of the summer, that we could do it on the same day Parliament was reconvened.
He was true to his word then. I would ask him to stay true to his word now. We were able to get this done with unanimity in this chamber because premiers, including Conservative premiers, and ministers were pushing us to get this done. They included Minister Bronwyn Eyre in Saskatchewan and Premier Doug Ford in Ontario.
That was amazing co-operation at the time. That goodwill still exists among political leadership and law enforcement leadership around Canada.
I would like to harness it and harness the goodwill of the parties opposite to, again, have these amendments passed quickly. Thus, we can ensure that Canadians are kept safe, particularly as we enter the Christmas season.
218 words
- Hear!
- Rabble!
- add
- star_border
- share
- Nov/30/23 4:22:22 p.m.
- Watch
Madam Speaker, I appreciate the member for Dauphin—Swan River—Neepawa in Manitoba raising this instance and talking about repeat offending. I would say that, if those offences involve violence and offences with a weapon, the rules that we are putting in place are certainly meant to be applied by judges and justices of the peace right around the country, including in Swan River. There should be a direct impact on situations such as that in terms of promoting community safety around the country.
I would say equally that we were able to get this bill done quickly the last time it was in the chamber, in a matter of hours on the same day. That kind of co-operation is critically needed. Unfortunately, we have not seen that level of co-operation in the Senate, particularly among Conservative senators. They have delayed this bill in some respects over the last three to four weeks.
I am glad the bill is now before us. We have two Senate amendments to deal with. We can deal with them today, get this passed today and get it to royal assent immediately. That would be a terrific outcome for Canadians, including those in Swan River.
204 words
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, on a point of order, I believe if you seek it you will find unanimous consent for the following motion: That notwithstanding any standing order or usual practice of the House, the motion respecting Senate amendments made to Bill C-48, An Act to amend the Criminal Code (bail reform), standing on the Notice Paper be deemed adopted.
60 words
- Hear!
- Rabble!
- add
- star_border
- share
