44th Parl. 1st Sess.
April 17, 2024 02:00PM
- Apr/17/24 6:30:44 p.m.
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Mr. Speaker, I would like to commend the hon. member for Edmonton Mill Woods for bringing this bill forward.
When it comes to extortion, B.C. is one of the provinces he mentioned. In fact, all orders of government, irrespective of their political stripe, and all police forces in Canada have to come together to find a smart and tough solution to deal with these situations.
I wonder if the hon. member would agree that we, as one party irrespective of political stripe, all orders of government and all police forces have to come together to find a smart and tough solution to deal with this situation.
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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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Mr. Speaker, I stand today before this House to address a grave concern that has escalated into a crisis under the watch of the NDP-Liberal government. Extortion, a severe crime threatening the safety and security of Canadians, has surged alarmingly, particularly in Alberta. We have seen a staggering 283% increase in reported cases after eight years of the current government. This epidemic of crime has sown fear across our communities, demanding a robust response that the current policies fail to provide.
In recent years, our nation has witnessed a troubling escalation in extortion rates, driven by inadequate responses and lenient policies from the government. Its approach to crime, especially to serious offences like extortion, has been characterized by a disturbing leniency that has allowed criminals to thrive. Notably, the repeal of mandatory minimum sentences for extortion-related offences under Liberal Bill C-5 has directly contributed to this increase, emboldening offenders with the knowledge that consequences will be minimal.
The impact in Alberta has been particularly severe. Families and business owners face daily threats, and entire communities live in heightened anxiety. A glaring example of the government's failure to protect its citizens occurred recently in Edmonton, where a criminal network targeted the South Asian community. Home builders and construction business owners were extorted for large ransoms via threats communicated through digital platforms like WhatsApp. When their demands were not met, the criminals resorted to arson, destroying properties and livelihoods. This case is not isolated but is indicative of a broader pattern enabled by the Liberals' soft-on-crime policies.
This surge in extortion is mirrored nationally, with Canada's overall extortion incidents having increased fivefold over the past decade. These numbers are damning evidence of the failure of the NDP-Liberal coalition's approach. Its soft-on-crime stance has not only undermined the effectiveness of our police forces but also eroded the trust between the Canadian public and the justice system. The promise of safety and security, a fundamental responsibility of any government, has been forsaken, leaving Canadians to bear the consequences. The consequences of the government's policies extend beyond the immediate victims of extortion. They ripple across the economy, deter investment and stifle the growth of communities, particularly those most vulnerable to such crimes.
In Alberta, where the extortion rate has skyrocketed, we see a clear correlation between rising crime and a faltering community confidence. This erosion of security is the direct result of policies that prioritize criminal leniency over effective public safety. In the face of rising extortion threats and the palpable failure of the current government, the Conservative deputy leader and hon. member for Edmonton Mill Woods has taken decisive action by introducing a common-sense bill, Bill C-381, the protection against extortion act. This legislation marks a critical shift towards restoring the rule of law and providing substantial deterrence against the crime of extortion.
Bill C-381 is carefully crafted to address the complexities of extortion crimes, ensuring that penalties are both appropriate and effective. The legislation proposes to re-establish mandatory minimum sentences, which were unwisely removed by the Liberals, weakening our justice system's ability to deter serious criminal activity. Under this new law, anyone found guilty of extortion would face a minimum of three years in prison. This firm stance is essential to communicate that extortion will not be tolerated and the justice system stands ready to impose significant consequences.
The bill specifically addresses the escalated risks involved when firearms are used in extortion. By restoring a mandatory four-year penalty for extortion involving firearms, this bill aims to counteract the increased danger to victims and to send a strong message to criminals about the seriousness of using deadly weapons in the commission of crimes. Additionally, the legislation targets the organized crime networks that often orchestrate these extortion schemes.
Recognizing the sophisticated nature of these criminal enterprises, the bill sets a mandatory five-year sentence for any act of extortion carried out for the benefit of, or in association with, a criminal organization. This provision is particularly crucial as it strikes at the heart of organized crime, aiming to dismantle the groups that profit from extortion activities.
This bill also introduces arson as a recognized aggravating factor in extortion cases. This is a significant addition, reflecting the severe impact that arson has on victims and communities. It is often used as a tool for intimidation or retaliation. Enhancing penalties for extortion cases involving arson acknowledges the profound trauma and the destruction associated with such acts and bolsters the law’s response to them.
The introduction of Bill C-381 comes at a critical time, when the need to fortify our legal framework against extortion has never been more urgent. The recent rise in extortion cases, especially those involving severe tactics like arson and the use of firearms, underscores the need for legislation that can effectively respond to and curb these crimes.
By implementing these targeted measures, this legislation not only aims to deter individuals and groups involved in extortion, but also to restore public confidence in the justice system’s ability to protect them and to ensure their safety.
The differences between Conservative and Liberal approaches to addressing crime are stark. While the current NDP-Liberal coalition has favoured a soft approach that has seen penalties reduced and serious offenders quickly returned to the streets, Conservatives advocate for robust measures that prioritize the safety of all Canadians. Our approach is to enforce laws that deter criminals effectively and that provide real protection to our communities.
As we stand here today, faced with a significant rise in violent crimes and extortion, we must choose action over inaction. The protection against extortion act is not just another piece of legislation; it is a real solution for those who have been living in fear of criminals. This bill would restore necessary and effective penalties for extortion, particularly addressing the use of firearms, the involvement of organized crime and the destructive act of arson. We can no longer stand by as our communities suffer.
I urge all members of the House to support Bill C-381. It is time to send a clear message that we are committed to the safety and the security of our citizens. By passing this bill, we would demonstrate that we stand for justice and for security, and we stand for the peace of mind that every Canadian deserves.
Let us take decisive action today. Let us pass this bill and ensure that our streets are safe again. It is not just our duty; it is our responsibility to bring home safe streets for every Canadian, restoring trust in the justice system that protects, that deters and that delivers real justice.
I am thankful for the opportunity to speak on this crucial issue. Let us work together to make Canada a place where safety and security are not just ideals, but also realities.
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Mr. Speaker, I am happy to be able to add a few comments to this discussion tonight, which is a very important discussion. When we talk about community safety, safety for all Canadians, it is critically important that we all participate and that we ensure that we have given it our full attention.
On Bill C-381, I am going to read out what it is, so that anybody who is watching will get a better feeling and understanding.
Bill C-381 would amend the offence of extortion to create a mandatory minimum penalty of four years where a firearm other than a restricted or prohibited firearm is used in the commission of the offence, and a minimum sentencing of three years in any other case of extortion. There is already a mandatory minimum for when a restricted or prohibited firearm is used and the offence is committed in association with organized crime.
This bill, from my hon. colleague from Edmonton Mill Woods, would repeal the requirement that extortion committed for the benefit of, at the direction of or in association with a criminal organization be committed with a firearm, meaning that MMPs of five and seven years would apply to any case involving organized crime. This bill would add an aggravating factor at sentencing when the person convicted of extortion also committed arson.
It is an important bill and one that I am very confident my colleague from Edmonton Mill Woods thought about very carefully before presenting it as his private member's bill. Clearly his community, in particular, is the subject of a lot of extortion, according to what we read in the newspapers and so on. I think that the bill reflects his frustration and concern with our justice system overall, which many of us feel. It does not always play out the way we would like it to on a variety of different cases.
I do not think it deters anyone, but I know that it certainly makes the member who put this forward as his private member's bill very interested in trying to find the solution to an ongoing problem.
Extortion is illegal in Canada today. Perpetrators need to be apprehended and punished, without question. There is a mandatory minimum penalty of seven years for a repeat extortion with a firearm. These penalties show just how seriously the Criminal Code takes this behaviour of extortion. We do not want to see extortion happening in Canada and we do not intend to tolerate it.
Serious crimes will always deserve very serious punishments. That said, it has been proven time and time again that overly harsh mandatory minimum penalties on first-time offenders do not deter crimes. I wish it did, but clearly the evidence is that it does not. I have been here quite a few years and was here when the previous Conservative government introduced mandatory minimums. I remember when we had that discussion and debate at committee and in the House. I was always a bit on another platform because I thought that if that is going to work, then way to go; that is what we need to have.
Over the years, we have seen, unfortunately, that it does not work. It does not work the way the Conservative Party, when it introduced it, thought it would. It has played out very differently. The previous legal adviser to former prime minister Stephen Harper has recently admitted that the harsh approach to criminal justice is ineffective. To quote him, he has said that the mandatory minimums “are a grave policy failure and cheap politics.”
Again, I go back to the fact that when it was introduced, I was very supportive. I thought it was going to be an answer to try to deter some of the crime, but it did not work that way. We ended up having people without the flexibility to be able to look for alternative sentencing opportunities to truly prevent recidivism from happening. We have seen that it is ineffective at reducing crime, and that it actually increases recidivism.
We have often been told that, once someone goes to jail, it does not matter what amount of time they spend there, repeat offenders are what follows so many times. It does not necessarily help.
I think people know my history. I have pretty strong feelings when it comes to guns. I had a first cousin who was a police officer who was shot to death. I signed petitions for the death penalty in those days. That was then and I have learned a lot since then.
On the fact that I was able to get I do not know how many thousands of signatures calling for the death penalty, a lot of that was because I was hurting and in pain as a result of having that terrible thing happen to my cousin and the killing of this young, 32-year-old police officer with three young children.
I have always taken a very strong stance when it comes to the justice issue, and I want to see our justice system stronger and better and more effective. Is this particular bill that has been put forward going to help with that? I do not think so, but that is what committees are for, which is to have further discussions and talk about the pros and cons of all of it. Any time we look at ways in which we can reduce recidivism and crime in our country, it is a good thing to do.
I will go back to Mr. Perrin, the previous legal adviser to Prime Minister Harper, who said, “If history is any judge, [the current Conservative leader's] MMPs 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.”
As my colleague from the Bloc mentioned previously, there needs to be meaningful innovation, ideas for different ways of handling things. We have not been awfully successful so far in finding ways to deter serious crime. We know we have organized crime happening in Toronto, Vancouver and Montreal when it comes to the stealing of vehicles, which are being shipped out through Montreal primarily. They arrested, I think, 19 people involved in that particular part of it. Thank God we have police officers who spend the hours they do out there on the streets, trying to ensure our cities can stay safe.
We are all looking for answers, but we need to be able to provide judges with the flexibility to make a decision on what they want to do. There are serious offenders out there who need to be dealt with appropriately. Plea bargains are not the way to go with most of these cases. With any of these things, especially if we are talking about extortion, we want to make sure offenders are dealt with. Right now, the Criminal Code calls for very serious penalties on that aspect, so we want to do whatever we can.
If the bill goes to committee, it will give us an opportunity to talk more about how MMPs do not appear to work, but are there other opportunities? What else can be done? Maybe this is a way we can really send a very strong message that Canada is not going to tolerate extortion happening to any community. In this case, as was referred to earlier, it was the South Asian community being subjected to extortion.
We have an obligation to stand up and push against that and to protect communities that are being intimidated, belittled and threatened. Members of those communities come to Canada to start a new life and to be able to have a successful business, and they should not have to worry about being extorted.
This has happened in other communities, not just the South Asian community. There are a variety of communities that are being extorted, and I have heard of it happening within the Italian community some time ago.
We need to have strong penalties. Extortion needs to have, and it does have, a very strong policy right now in the Criminal Code. We want to see that continue. This will be discussed at the committee if it gets to the committee level, and in further discussions it would be very interesting to hear whether there are any new ideas and ways in which we can make our Criminal Code even stronger than it currently is today.
I am thankful for the opportunity to speak to this bill.
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