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Context: Committee Evidence - JUST-75 (JUST) - Oct/3/23

05:13:36 p.m.
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Mr. Moore, this is where you and I will differ in terms of perceptions. I believe that Bill C-5—and I was the parliamentary secretary at the time that was implemented—was meant to do multiple things, including addressing delays in the court system that were being pointed out by the Supreme Court in R. v. Jordan. It addressed things like reverse onus on bail for intimate partner violence. That is something that we not only believe in as a government but have doubled down on in terms of expanding the scope of reverse onus provisions in the current bail reform bill, Bill C-48. What it also did was entrench certain principles about bail that codified Supreme Court jurisprudence. With respect to Bill C-5, Mr. Moore, again I will categorically disagree with you. Bill C-5 was about easing the overrepresentation of indigenous and Black persons in the Canadian justice system, in the criminal justice system. The effect of some of the mandatory minimum penalties that were enacted by the previous government under Stephen Harper was to overincarcerate indigenous folks on a sixfold basis and Black persons on a twofold basis. On a day on which we've elected, for the first time in Canadian history, a Black Speaker of the House of Commons, I'm going to stand by our efforts to reduce racism in our system and stand by the efforts to reduce overrepresentation.

241 words

Context: Committee Evidence - JUST-75 (JUST) - Oct/3/23

Mr. Larry Brock (Brantford—Brant, CPC)

05:50:05 p.m.
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Thank you, Madam Chair. Thank you to all the witnesses in attendance. Let me use my brief opportunity here to publicly congratulate you, Minister, on your new role. I'm looking forward to having you appear on many occasions. I want to start off by discussing the narrative of your government, sir, and some talking points that you have used and that your predecessor, David Lametti, used to justify and sell, in my view, Bill C-48 as an important piece of legislation not only to restore public confidence in the administration of justice but also to make our communities safer. I've heard repeatedly in the House that one of the hallmarks of Bill C-48 is that you've listened. You listened to stakeholders, you listened to premiers, and you listened to chiefs of police and presidents of police associations in forming the specific language to tighten up the reverse onus provisions in the Criminal Code and to add to the reverse onus provisions in the Criminal Code. However, you'll agree with me, sir, that it wasn't just additional reverse onus provisions as they relate to additional firearms offences that these stakeholders were asking for. There was actually a laundry list of other items they asked for that did not find itself in Bill C-48. Not knowing what the agenda is from your department, I don't think you're bringing forward any legislation to even contemplate encompassing the other asks. With that being said, the provincial governments and the police associations have asked for a thorough review and reform of Canada's bail system. They asked for a definition of “serious prolific offender” or “repeat violent offender” within the confines of Bill C-48. They specifically asked that bail hearings for serious firearms offences be heard by a judge of a provincial court or a superior court as opposed to a justice of the peace, that obligations be strengthened with sureties and that there be consequences for failing obligations. My ask of you, with the limited amount of time that I have, sir, is why this government, why your department and why you personally have ignored those significant additional measures that the stakeholders are asking for to improve community safety and to restore confidence in our justice system.

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C-48, An Act to amend the Criminal Code (bail reform)

Context: Committee Evidence - JUST-75 (JUST) - Oct/3/23

Hon. Arif Virani

05:52:49 p.m.
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Thank you, Mr. Brock, for the question. I'd put it to you simply that no one is being ignored by me or by my department with respect to the conversation about community safety. What I would underscore for you is that the conversation on bail reform started with a letter that came from the premiers to the Prime Minister after an FPT that occurred in October 2022. That letter had a very specific ask, and we added to that ask in terms of developing the legislation. To the one firearms offence listed there, we added another three. You and I share the same province, the province of Ontario. Doug Ford's government and Doug Downey, as the AG, have been very complimentary in terms of what we've been doing and very supportive in terms of what we've been doing. What I found unique about the situation is that we had the support behind that bill of all 13 leaders of the provinces and territories in this country, as well as all of the law enforcement community. That continued even as we saw it make its way through to the Senate. It's now in the Senate. David Eby's government continued to lobby for its quick passage even while it was being studied in the Senate. I think it's important, in terms of the list you're mentioning, to also underscore—and you as a former prosecutor will know this—that when it comes to setting in place the structure and the architecture, that's the Criminal Code and that's for federal parliamentarians. When it comes to the administration of justice and things like bail enforcement, that's the responsibility of the provinces, pursuant to the administration of justice under the constitutional division of powers. What we've seen is that we've put money in place, including $330 million for guns and gangs enforcement, that is helping provinces do exactly that. There's some complementarity there, but in terms of my willingness to explore other options for keeping communities safe, as a guy who represents a riding in Toronto that has seen violence, particularly on the TTC, I am committed to that. It is my fundamental duty to keep Canadians safe. Bill C-48 goes in a direction that will do just that. It's an important piece of legislation that got all-party support, which is a good thing. I think there are more areas of collaboration, and I'm willing to collaborate in those areas.

425 words

C-48, An Act to amend the Criminal Code (bail reform)

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C-48, An Act to amend the Criminal Code (bail reform)