44th Parl. 1st Sess.
April 17, 2024 02:00PM
moved that Bill C-381, An Act to amend the Criminal Code (extortion), be read the second time and referred to a committee.
He said: Mr. Speaker, crime is wreaking havoc in our neighbourhoods and communities right across this country. We see extraordinary crime statistics in almost every single category. We continue hearing about incidents that are committed by the same repeat offenders. They get arrested, get released and commit more crimes, and the cycle repeats.
This is a result of the last nine years of the Liberals' soft-on-crime policies. After nine years under the Prime Minister, our nation faces a full-blown crisis that demands urgent action. Each day, Canadians wake up to the news of more gun violence, gang shootings, extortion, auto thefts, robberies and arson. That was not the case nine years ago.
What happened nine years ago? Canadians got a new Prime Minister, a Prime Minister whose soft-on-crime policies unleashed chaos in our once peaceful towns and suburbs, a Prime Minister who made Canada a safe haven for organized crime and gangs, a Prime Minister who makes life easier for criminals, not Canadians, with his broken catch-and-release bail system.
According to the Liberal government's own news release, auto theft in Toronto has skyrocketed by an alarming 300% since 2015. In just nine years, there has been a terrifying increase in extortion across the country. In fact, the rate of extortion was five times higher in 2022 than a decade prior. In 2022, the rate of police-reported extortion increased for the third consecutive year. Extortion has skyrocketed in Ontario, Alberta and British Columbia, where it has risen 263%, 284% and 386%, respectively, since 2015. These numbers are extremely alarming. In the GTA alone, extortion has increased by 155% since 2015 and, in Vancouver, by 228%.
I would like to remind my colleagues in the House that, behind every number and every statistic, there is a real family, a business owner who fears for their safety and their family's well-being. Canadian's lives and their livelihoods are at stake. There are examples of terrified families right across the country. I met one such family in the GTA, who ran a very successful business. They worked hard to get where they are today, but earlier this year they started receiving extortion threats. Soon after that, their house was shot at. The family had to stay separately in different hotels. They wore bullet-proof vests to go outside, and they had to purchase a bullet-proof vehicle as part of a long list of security measures. That was all because they ran a successful business.
I also want to tell colleagues about Mr. Buta Singh Gill. He moved to Edmonton from Punjab, where he was a trained lawyer. Like many new Canadians, he worked in a meat processing plant when he got to Edmonton, and then he went on to drive a bus for the Edmonton transit system. Then he followed up on his dream to become an entrepreneur. He started building homes, first with single-family homes and then multi-family homes. Eventually, he started building apartments for Canadians to live in. He also gave back to the community. In fact, he and his family were heavily involved in revitalizing one of the gurdwaras in Edmonton.
His family also received extortion threats. His family home was shot at. Houses that he had under construction were burned down. He and his family also had to take extraordinary security measures, which would obviously be extremely expensive for any family or business to undertake, but Buta would not let thugs slow him down.
Last week, Mr. Buta Singh Gill, a prominent Edmonton businessman, a family man who had just welcomed his first grandkids, twins, and a community leader, was murdered in broad daylight at one of his construction sites. It seems the murder had nothing to do with the extortion letters. Regardless, he is another tragic victim of violent crime in our country.
I went to his home and met with his family. His sister-in-law and brother said they cannot believe that this is happening in Canada and that they moved to Canada for a better life for their family, a safer life for their family. They are right that this is not the Canada they moved to. Things have been very different in the last nine years.
Mayors in British Columbia and Ontario have written to the Prime Minister's top government officials asking them to take concrete action to combat extortion in their once-peaceful communities. Despite this, we continue to see the government's complete inaction.
Extortion is a federal problem. The Criminal Code that allows these criminals to openly operate freely is federal. The RCMP, which is responsible for catching these criminals, is also federal, yet our neighbourhoods are grappling with the reality of the Prime Minister's indifference to their suffering. Law enforcement continues to catch and release the same individuals, who terrorize our communities and continue to commit crimes, because of soft-on-crime Liberal policies.
Of course, it is not just extortion. Auto theft continues to rise across Canada. Statistics Canada paints a grim picture, with auto theft up by 190% in Moncton, 122% in the Ottawa-Gatineau area, over 100% in Montreal and 62% in Winnipeg. These staggering statistics underscore the urgent need for action to address this growing threat to our communities.
In 2022, the insurance industry spent over $1 billion on car theft. Where does that extra $1 billion come from? It comes from the pockets of hard-working Canadians. They pay the cost of auto theft crime. With insurance premiums skyrocketing, some Canadian drivers are facing a staggering 25% increase in premiums this year alone. Again, the responsibility to combat auto theft lies squarely with the federal government. In fact, all primary prevention tools, such as the Criminal Code, the RCMP, the CBSA and our port systems, are at the Prime Minister's disposal.
Liberal catch-and-release, soft-on-crime policies, Bill C-75 and Bill C-5, have allowed crime to thrive in our country. Liberal Bill C-5 eliminated mandatory prison time for drug traffickers and those who commit acts of violence. It allows criminals who commit violent acts to serve their sentences at home, in the same communities they have terrorized.
According to a recent report published by the Macdonald-Laurier Institute, violent crime is only getting worse and Canada's violent crime severity index is at its highest level since 2007. This means that the overall severity of crime has risen significantly in Canada.
To put things in perspective, under the previous Conservative government, the violent crime severity index decreased by almost 25%. Under the Liberal government, it has increased by 30%. According to Statistics Canada, the rate of firearms-related violent crime in 2022 was at the highest level ever recorded. This is a 9% increase from 2021 alone. Because of Liberal catch-and-release policies, criminals who get caught are able to walk away and are back on our streets terrorizing our neighbourhoods, sometimes within hours. Just talk to local police officers and they will say that. In addition, an increasing number of criminal cases are being stayed or withdrawn thanks to the Liberal justice minister, who has simply failed to appoint enough judges.
What does the government have to say to the victims of these crimes or to our hard-working police officers, who are sick and tired of catching the same criminals over and over again? Not surprisingly, Canadians are losing faith in our justice system. After eight years of Liberal catch-and-release policies letting crime and chaos run rampant on our streets, only 46% of Canadians still have confidence in our justice system.
For Conservatives, combatting crime is a top priority. What we want to tell Canadians today is that they do not have to live like this. Conservatives have a common-sense plan to protect our businesses and neighbourhoods, with common-sense legislation that would prioritize the safety of Canadians.
My private member's bill, the protection against extortion act, Bill C-381, is a common-sense bill that addresses extortion and those who terrorize our communities with demands for protection. First and foremost, this bill would undo the serious damage caused by the government's reckless crime policies, such as Bill C-5. Bill C-5 eliminated mandatory jail time for committing extortion with a firearm. On top of this, the government also brought in catch-and-release bail policies in Bill C-75, which make it easier for extortionists to get back onto our streets.
Bill C-381 would establish a mandatory prison sentence of three years for a criminal conviction of extortion. In addition, we would bring in a mandatory five-year prison sentence for any criminal convicted of extortion who is acting on behalf of a gang or organized crime. This mean that not only would the criminals who carry out these crimes go to prison, but also that prosecutors and police would have another tool to go after the ringleaders of these organized crimes.
We would restore mandatory four-year prison sentences for the offence of extortion with a firearm. We would make arson an aggravating factor. Finally, we would reverse the damage done by Bill C-75 and restore jail, not bail, for repeat offenders. Conservative Bill C-381 would ensure that extortion crime means mandatory jail time. It would go after the criminals, their gang leaders and anyone who participates in threatening our community members with arson or violence.
With Bill C-381, common-sense Conservatives would send a clear message to criminals and their organized criminal bosses that, if they do the crime, they will do the time. My colleagues and I will not tolerate the exploitation of our citizens for financial gain, and we will not allow organized crime rings to terrorize our communities.
Canadians deserve safe streets and secure communities. They deserve a government that will listen to them and take their safety concerns seriously. It is our duty to deliver on this fundamental promise. Common-sense Conservatives would fix the damage and the chaos that the government's nine years in power has created. We would ensure that the extortionists who scare and intimidate our neighbours will stay longer in jail. We would go after the leaders of these organized crime rings to make sure they get shut down once and for all.
Extortion has no place in Canada. Conservatives would bring home safe streets for all Canadians. Let us bring it home.
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- Apr/17/24 6:33:07 p.m.
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Mr. Speaker, the fact of the matter is that, since the government has been in power, over the last nine years, and the NDP member and the NDP-Liberal government have brought in these soft-on-crime policies, crime has gone up. Every statistic across the country on violent crime has gone up.
We have made a commitment to Canadians that we would put these criminals behind bars. A repeat, violent offender who is behind bars cannot commit crimes again because they are in jail.
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Mr. Speaker, I appreciate the opportunity to speak today to Bill C-381, the protection against extortion act.
As we all know, extortion is increasingly impacting Canadian communities. We recognize and acknowledge that extortion is a very serious crime that can impact multiple facets of a person's life. Bill C-381 proposes amendments to the Criminal Code that the sponsor believes will combat extortion by reinstating a mandatory minimum penalty. I will focus my remarks today on the proposed amendments related to the penalty regime and sentencing.
As it currently stands, we have a robust criminal law framework to address the crime of extortion. The offence of extortion is covered under section 346 of the Criminal Code, and it is a straight indictable offence that carries significant penalties. These penalties are intended to reflect the seriousness of the offence and the responsibility of the offender. If an individual is convicted of extortion, they will be subject to the maximum penalty of imprisonment for life. I want to emphasize this: The maximum penalty for extortion is life imprisonment.
Bill C-381 also proposes to direct courts to consider, as an aggravating factor, if that offender, in committing the offence of extortion, also committed arson. We recognize that arson is a serious crime that poses a danger to a community and the public, and there is unquestionable intent to cause damage to property. While there is no doubt that the combination of extortion and arson is damaging and dangerous, I question whether this change would have any meaningful effect.
It seems to me that, if there is evidence that someone committed arson and extortion, then a prosecutor would seek convictions for both. If they do, then the proposed aggravating factor becomes meaningless. Moreover, treating an element of an offence for which an offender was convicted as aggravating at sentencing was found to be an error in principle in the Supreme Court of Canada's decision in R. v. Lacasse in 2015.
Arson can have devastating impacts to individuals and businesses. As with cases of extortion, the seriousness of the offence of arson is reflected in the current criminal framework to address crimes of this nature. Individuals convicted of arson are subject to maximum terms of imprisonment ranging from five years to life, depending on the circumstances.
Along with the offences contained in the Criminal Code, the sentencing regime addresses the seriousness of extortion and arson as it relates to organized crime. Section 718.2 of the Criminal Code sets out aggravating factors that a sentencing judge must take into consideration when crafting an appropriate sentence. One of the codified aggravating factors is evidence that the offence was committed for the benefit of, at the direction of or in association with a criminal organization. Given that extortion crimes often imply a level of sophistication that suggest the workings of criminal enterprise, this factor gives sentencing judges the ability to impose penalties that fall on the higher end of the spectrum in cases where organized crime is involved.
A court must also consider the victim's extortion when crafting an appropriate sentence. The sentencing regime sets out that it would be particularly aggravating if an offence has a significant impact on the victim, considering their age and other personal circumstances, such as their financial situation.
I would also note that Bill C-381 proposes enacting more mandatory minimum penalties. We have had ample evidence over the years that MMPs do not work. I do not want members to take my word for it, either. They can listen to Ben Perrin, legal adviser to former Conservative prime minister Stephen Harper. He has stated that “[mandatory minimum penalties] are a grave policy failure and cheap politics.”
Mr. Perrin goes on to say, “If history is any judge, [the Leader of the Opposition's mandatory minimum penalties] may not be worth the paper they're printed on. What's worse, even if they do pass constitutional muster, they will only exacerbate the existential challenges facing the criminal justice system.” Mr. Perrin also said that the Leader of the Opposition's “idea may actually backfire, leading to more crime in the long term.”
Again, these are not my words. Those are the words of the former legal adviser to Stephen Harper. This is the man who advised Stephen Harper on justice policy, who has now seen the problems caused by reckless Conservative Party criminal justice policy.
Our government believes in evidence-based policy, and we know this is simply not that. The Leader of the Opposition likes to throw around such phrases as “stop the crime”, but he has no real plan to do that. As we often see from him, it is just a series of slogans.
On this side, we actually believe in policies that will reduce crime. We also know that mandatory minimum penalties have a disproportionate effect on Black and indigenous people in the justice system.
Data from Correctional Service of Canada shows that the disproportionate impact of MMPs on indigenous peoples and Black Canadians has also been reported in admissions to federal correctional institutions. Specifically, of all admissions to federal custody between 2007-08 and 2016-17, 39% of Black offenders and 20% of indigenous offenders were admitted for an offence punishable by a mandatory minimum penalty. Here, the proportion for indigenous offenders increased from 14% in the same year, 2007-08, to 26% in 2016-17.
The proposal brought forward by the hon. member is unlikely to result in higher sentences being imposed, given the serious penalties already associated with arson and extortion and the corresponding aggravating factors I referenced earlier.
Our existing legal framework provides judges with the tools and discretion needed to tailor sentences that reflect the gravity of the offence by the offender. While there is no doubt that extortion is a serious crime, our current legal framework is such that extortion is being addressed in a way that reflects its severity and harmful effects.
We need to focus on serious policies rather than empty slogans and policies we know will not work. I encourage all hon. members to work together on policy that will combat crime rather than failed policies and slogans.
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Mr. Speaker, I want to start tonight by stating something that is particularly obvious to most people, which is that “tough on crime” is a slogan and not a policy that contributes to keeping communities safe. Dealing effectively with crime requires a laser focus on the reality before us. Exaggerating crime statistics to promote fear brings us no closer to solutions; in fact, it often leads us to counterproductive measures.
As such, I would ask everyone to beware of those who cite percentages when we are talking about crimes. It is an easy way to distort the situation we are facing, and the most basic example of that is that two is, of course, 100% greater than one. I am not in any way saying we do not have a problem with extortion. We clearly do, but to combat it, we must understand what is actually going on with extortion in this country.
Last month, media reports identified 74 active investigations of extortion in three provinces. What do all these investigations have in common? All the extortion cases targeted South Asian businesses. Whether they were restaurants, laundries, bakeries or convenience stores, they were all owned by members of the South Asian community. All these cases used the same methods: letters, phone calls and social media messages threatening arson, drive-by shootings and even kidnapping if protection money is not paid. All the included messages threatened bullets, rather than future messages, if the police were contacted.
Clearly, there is no coincidence here. This is organized crime at work, targeting the South Asian community.
There were incidents last November in White Rock and Abbotsford of threatening letters that gave a month to pay up. In December, shots were fired into at least one home in White Rock, while there were two shootings at homes in Abbotsford and one case of arson.
In Ontario, Peel Regional Police opened 29 investigations in November and, as in B.C., Peel Regional Police reported several shootings in which multiple shots were fired at homes and businesses. There were 34 identical incidents in Edmonton.
Some arrests have been made, including two in Surrey, seven in Edmonton and five in the Peel region. The RCMP has created a task force, which it calls the RCMP national coordination and support team, to share information and coordinate efforts to combat what is clearly a targeting of the South Asian community by organized crime.
Delivering resources to those local police forces and the RCMP, so they can share information and coordinate their efforts, is key to combatting extortion.
In February, in the midst of these instances in Surrey, the Conservative leader delivered a speech where he laid out the three things proposed in the bill before us: imposing a mandatory minimum of three years for extortion and four years if using a firearm, as well as adding arson as an aggravating circumstance. He called these additional tools for police to use.
Here is the problem with this proposal and the reason the NDP will be voting against Bill C-381: The evidence is clear that mandatory minimums are not effective as a deterrent. As a tool, mandatory minimums do not deter people from committing crime. No criminals sit around at home thumbing through the Criminal Code to see what possible penalty they face, before deciding whether to commit a crime. What they do evaluate is how certain they are to be caught and prosecuted, so devoting resources to enforcement and prosecution are the keys to deterring offences such as extortion, which are clearly premeditated and planned.
There is another problem with this, of course, and that is the unintended consequences. The member for Kingston and the Islands clearly identified that mandatory minimums disproportionately impact those most marginalized in society: the poorest in our society, indigenous people and racialized people. However, there is a second unintended consequence that is often missed, and I know about this from my experience as a police board member and from teaching criminal justice.
If we have a mandatory minimum, then the prosecutor cannot really plea bargain.
That is important in extortion, because the people who most often get arrested in extortion investigations are the ones who do the drive-by or throw the firebomb. These are most often young men who have been pressed into service by gangs. If we want to get at the organizers, the people who hired them, in effect, to carry out these crimes, we have to be able to use plea bargaining. However, with a mandatory minimum, where they know they are sure to go to prison, we have no way of getting at the people who actually organize these crimes.
As such, it is an unintended consequence of mandatory minimums that obstructs the investigation and prosecution of crimes such as extortion.
I will not go on at great length here, because we have had to make these arguments many times. It is clear that mandatory minimum sentences do not work to deter crime. It is clear what works, and that is the devotion of resources to enforcement and to prosecution. We have to understand that although the Conservatives like to situate us in some great, huge crime wave that is sweeping the country, extortion is a particularly focused campaign by organized crime to target the South Asian community in this country, and we have to respond appropriately.
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