- Member of Parliament
- Member of Parliament
- Liberal
- Nepean
- Ontario
- Voting Attendance: 66%
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Madam Speaker, we have come to this stage after seeing how repeat violent offenders can get bail easily and recommit violent offences. The main purpose of this particular legislation is to strengthen our bail system so that repeat violent offenders do not get bail easily and that there is a reverse onus on them to prove that they should get bail.
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Madam Speaker, I will be sharing my time with the member for Vaughan—Woodbridge.
I would like to speak to the bail reform bill, Bill C-48, an act to amend the Criminal Code.
Canadians deserve to feel safe and be safe. We have a critical issue that affects the safety and well-being of our communities. It is the need to strengthen our bail laws and tailor them to focus on violent repeat offenders and intimate partner violence. It is an issue that strikes at the very heart of public safety and the preservation of justice. That is why we introduced the bill, which is a targeted reform to our bail laws and is designed to focus on violent repeat offenders, gun and knife violence and intimate partner violence.
Bail laws, at their core, exist to strike a delicate balance between individual rights and the collective safety of society. They ensure that individuals accused of crimes are not unjustly incarcerated before trial, upholding the cherished principle of “innocent until proven guilty”. However, this balance can be challenging to maintain, especially when dealing with violent repeat offenders and those accused of gun and knife violence or intimate partner violence.
We developed this bill by obtaining expert advice and adopted an evidence-based approach to put Canadians first and address public safety concerns in our bail system. We have a legitimate concern that violent offenders may pose a significant risk to the community if they are released from custody while awaiting trial.
Bill C-48 would strengthen the law by targeting repeat violent offenders who use weapons when committing crimes and those who have a history of violent offending and firearms-related crime. Violent repeat offenders are individuals who have shown a pattern of engaging in dangerous and harmful behaviours repeatedly. They pose a clear and present danger to our communities. Strengthening bail laws in those cases is not about denying their rights but about prioritizing public safety.
By focusing on comprehensive risk assessments that take into account an offender's history and propensity for violence, we can ensure that these dangerous individuals are held accountable for their actions, while respecting the rights of others. We also need a stricter approach to bail for violent offenders to act as a deterrent. This would discourage individuals from engaging in violent criminal behaviour in the first place, as they may be less likely to receive pretrial release. This bill would send a strong message that judges ought to seriously consider the public safety risk posed by repeat violent offenders at the bail stage, while ensuring that the fundamental charter right to bail remains intact.
Bill C-48 would also strengthen the government response against intimate partner violence offences by expanding the reverse onus on these offences. The harrowing reality is that countless individuals suffer in silence, trapped in abusive relationships. Strengthening bail laws to protect victims and potential victims of intimate partner violence is not just a legal obligation; it is a moral imperative. We must provide a safe path to justice for survivors, ensuring that those accused of such heinous acts are not released to perpetrate further harm.
The bill would create a new reverse onus for accused persons charged with a serious offence involving violence and the use of a weapon where the accused was previously convicted of an offence of the same criteria within the past five years. A reverse onus for bail presumes that the accused should be detained pending trial and requires them to demonstrate why they should be released. A reverse onus does not mean that an accused will not be able to obtain bail. It means that the onus of proof has shifted to the accused, reflecting our intent that it ought to be more difficult to obtain bail in these circumstances.
One of the provisions of this bill is new considerations and requirements for courts regarding an accused’s violent history and community safety. Bill C-48 would add a requirement that courts consider whether an accused person has a history of convictions involving violence when making a bail order. It would also require courts to state on the record that the safety and security of the community were considered when making a bail order.
Bail reform has long been the subject of federal, provincial and territorial collaboration because of shared jurisdiction over bail laws and their implementation. Bill C-48 responds directly to calls for reform from the provinces and territories. This bill is the product of collaboration with the provinces and territories. Hence, we have wide and unanimous support for this legislation from all provinces and territories.
The bill has benefited from input from mayors, police, parliamentarians, indigenous leadership and the legal community. Bill C-48 is part of our broader strategy to ensure the safety of all Canadians and is an example of what we can achieve when we work together.
Let me put on record the support this bill has received from key stakeholders.
The Premier of British Columbia said, “From the British Columbian perspective, this is a huge priority. We need this bill passed. This is something that has wide support, all-party support, all-premier support, and action needs to be taken.”
The Premier of Ontario, Doug Ford, said, “I'm urging the federal government to use this time to quickly pass their bail reform bill.”
The Canadian Association of Chiefs of Police stated:
We commend the federal government for acting on the urgency for legislative change and for recognizing that our...amendments were not calling for a complete overhaul of Canada's bail system....
We are convinced that the legislative changes put forth in Bill C-48 will go a long way to help eliminate the preventable harm and senseless tragedies attributable to violent and repeat offenders across Canada.
The president of the Canadian Police Association stated:
Front-line law enforcement personnel have been asking the government to take concrete steps to address the small number of repeat violent offenders who commit a disproportionate number of offences that put the safety of our communities at risk. We appreciate that [ministers] have worked collaboratively with stakeholders and introduced this common-sense legislation that responds to the concerns that our members have raised.
The Ontario Provincial Police Association stated:
Our members appreciate the virtually unprecedented consensus that formed calling for concrete action on bail reform, and we’re glad to see the government has responded with the introduction of Bill C-48. We look forward to working with all stakeholders and Parliamentarians to see this legislation pass quickly.
The president of the Toronto Police Association said:
Our members recognize that our Charter ensures we all benefit from a presumption of innocence, but for too long the current balance has put the rights of an accused well above the rights our communities have to public safety and security. Ensuring the public maintains its confidence in the administration of justice is paramount, and I believe the introduction of Bill C-48, and the clear message being sent by the government that public safety remains a top priority, will help victims of crime, as well as all Canadians know serious, repeat violent offenders can and will be held accountable for their actions.
I would like to end my speech by quoting Brian Sauvé, president of the National Police Federation, who said:
We see the federal government’s tabling of Bill C-48...as a good first step, but this cannot be the only solution. Provincial and territorial governments must now look at their own justice systems and make needed improvements. Our justice system is complex, with many interrelated challenges and flaws that cannot be addressed through legislation alone.
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Madam Speaker, it is an honour for me to rise today to speak to Bill C-321, which was introduced by our hon. colleague from Cariboo—Prince George. Before I proceed further, I would like, on behalf of 838,000 Hindu Canadians, to again acknowledge and thank the hon. member for his support for my private member's motion, which enabled November every year to be recognized as Hindu Heritage Month across Canada.
Bill C-321 seeks to denounce and deter violence against nurses, paramedics, firefighters, police officers, including transit officers or special constables, and other frontline health care staff. It would amend the Criminal Code to require a court to consider as an aggravating factor for sentencing purposes the fact that the victim is a health care professional or first responder who was acting in the performance of their duties.
As highlighted in the 2019 report of the House of Commons Standing Committee on Health, entitled “Violence Facing Health Care Workers in Canada”, health care workers have a four-times higher rate of workplace violence than any other profession, despite most of this violence being unreported. The report also noted that 61% of nurses who participated in a cross-country survey reported experiencing abuse, harassment or assault in the previous year, and 74% of the paramedics reported experiencing multiple forms of violence annually.
The men and women who serve as health care professionals and first responders play an invaluable role in our society. They are the heroes who rush toward danger while others flee, the ones who provide critical medical care in times of crisis and the ones who maintain law and order to keep our communities safe. They face countless challenges and risks, working tirelessly to protect and preserve life, often at the expense of their own well-being. It is deeply troubling to witness an alarming increase in assaults against these dedicated individuals. They are subjected to physical violence, verbal abuse and threats while carrying out their duties. These attacks not only pose a direct threat to their safety, but also undermine the integrity of our health care system and emergency services.
It is essential that we take a strong stand against such heinous acts and provide a higher level of protection for those who selflessly dedicated their lives to serving others. By amending the Criminal Code, we would send a resounding message that assaults on health care professionals and first responders will not be tolerated. We are acknowledging the unique challenges they face and recognizing the importance of their contributions to society. When passed, the bill would serve as a deterrent, discouraging potential perpetrators from engaging in acts of violence against these essential workers.
Furthermore, by considering assaults against health care professionals and first responders as an aggravating factor during sentencing, we would acknowledge the broader implications of such attacks. These assaults not only cause physical harm to individuals, but also have far-reaching consequences for public safety and the provision of essential services. By recognizing this as an aggravating factor, we would ensure that those who commit these crimes face more significant penalties, reflecting the gravity of their actions and the impact on society as a whole.
Some may suggest that existing laws already provide adequate protection for health care professionals and first responders. However, the stark reality is that assaults against these individuals are on the rise and we must respond with targeted measures that explicitly recognize the unique vulnerabilities they face. By enshrining their protection within the Criminal Code, we would send a clear and unequivocal message that their safety and well-being are of paramount importance.
Moreover, this bill reflects our commitment to creating a safe and supportive environment for health care professionals and first responders. It demonstrates that we value their selfless dedication and are committed to ensuring they can perform their duties without fear of violence or aggression. By enacting this bill, we are standing in solidarity with those who risk their lives to protect ours.
In addition to deterrence and enhanced protection, this bill has the potential to foster cultural change. It sends a powerful message to society, urging us to reflect on the value and respect we afford to those on the front lines of service. It encourages a broader shift in attitudes, promoting a collective sense of responsibility to safeguard those who dedicate their lives to safeguarding us.
The amendment proposed in Bill C-321 is similar to Bill C-3, an act to amend the Criminal Code and the Canada Labour Code, which included as an aggravating factor evidence that the offence was committed against a person who was providing health services. Bill C-3 received royal assent on December 17, 2021. Our government continues to show support to first responders, including with the recent passage of a private member's bill, Bill C-224, the national framework on cancers linked to firefighting act, which passed on March 8, 2023, at third reading.
Bill C-321 applies to the performance of any duty by a first responder or health care worker, not just to cases where the victim was providing health services at the time of the offence. Amendments will make the legislation consistent with the terminology used elsewhere and will provide broad protection so that it does not apply only to health care professionals. As citizens, it is our duty to advocate for the safety and well-being of those who dedicate their lives to caring for us in times of need.
In conclusion, the proposed amendment to the Criminal Code represents a significant step forward in ensuring the safety and well-being of our health care professionals and first responders. By recognizing assaults against them as aggravated offences, we are reaffirming our commitment to protecting those who selflessly serve our communities.
Let us come together as a nation to support this legislation, sending a strong message that we stand united against violence and aggression toward those who sacrifice so much to protect us.
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