- Member of Parliament
- Minister of Justice
Attorney General of Canada
- Liberal
- Parkdale—High Park
- Ontario
- Voting Attendance: 64%
- Expenses Last Quarter: $120,537.19
- Government Page
- Dec/11/23 11:01:45 p.m.
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Mr. Chair, I appreciate the member opposite's comments in this House over many years, including in tonight's debate.
I would just point out, for the purposes of tonight's debate, that in terms of long-term boil water advisories, none exist any longer in her home province of British Columbia, which is important. In downtown Vancouver, an area that she represents, we are working with the Squamish Nation to build 3,000 new homes with a $1.4-billion loan program, which is really critical.
The question that I would put to her is as follows. We have heard in this chamber, particularly from the official opposition, a lot of attacks on a specific issue that affects the community that she represents, attacks on things like harm reduction and safe supply. For a member of Parliament who represents the community that includes the Downtown Eastside, I wonder if the member could comment on that, and how that connects to this debate about indigenous communities and indigenous services in Canada.
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- Dec/11/23 10:35:55 p.m.
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Mr. Chair, I thank the member opposite for his contributions to this House and for his very sincere remarks this evening about his personal and lived experience.
I believe sincerely that on this side of the House we have made progress. However, I know we need to make faster progress and do more with respect to various aspects of reconciliation, particularly with respect to water. We inherited a situation with 105 drinking water advisories and there are now 28.
In the spirit of absolute openness, in my current role and portfolio, we are working on rolling out an indigenous justice strategy to cure the overrepresentation of indigenous communities in the justice system in Canada. I wonder if he could offer me some commentary with respect to his own lived experience and the experience of others with whom he is in contact regarding indigenous experiences in the justice system and how we can cure and improve issues for all Canadians.
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- Dec/11/23 10:20:04 p.m.
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Mr. Chair, I thank the member opposite for his contribution to tonight's debate, and I do not doubt his sincerity about addressing the needs of his constituents, particularly the first nations that he represents. I also do not doubt the factual accounting that he outlined tonight about the severe climate events that are plaguing everyone in this country, particularly in his riding.
However, emergency preparedness is critical for all Canadians, particularly for indigenous Canadians suffering from the effects of climate action. There is an emergency management assistance program that is administered by Indigenous Services Canada. There was $216 million dedicated to that very program in the fall economic statement, which is the same statement that the member and his entire caucus voted against on Thursday and Friday morning. When $260 million was on the table to support his constituents, why did he not vote for it?
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Mr. Chair, I was listening to the member's speech. I want to, first of all, thank the NDP for initiating this take-note debate today. Given where we are in terms of access to water and clean water, today was a momentous day with the tabling of legislation in this House. Bill C-61 talks about clean drinking water for generations to come. It talks about ensuring that first nations, Inuit and Métis communities have the tools to control water systems and protect the lakes and rivers that they source their water from. It commits investments, ensuring that we do not return to Harper-era cuts, to freshwater systems. It is based on years of consultations and is the process of a co-developed system.
I wonder if the member opposite could comment upon the bill that was tabled today and how it turns the page on the legacy of the previous Conservative government.
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moved that Bill C-48, An Act to amend the Criminal Code (bail reform), be read the second time and referred to a committee.
He said: Mr. Speaker, I rise today to speak to Bill C-48.
As this is my first time rising in this chamber as Minister of Justice and Attorney General, I want to first thank the Prime Minister for placing his confidence in me and appointing me to this position. I want to thank the constituents of Parkdale—High Park for their faith in me over the past three elections. I look forward to continuing to earn their support in this new role. I also want to thank my parents and my sister for always empowering me to dream, and I want to thank my wife and children for supporting me in realizing my dreams.
There is another person in this chamber without whose work I could not be engaging in this, and that is the hon. member for LaSalle—Émard—Verdun. The work he has done over the past four and a half years has made Canada a better place and the justice system more fair. His work will continue to inspire me in the work that I do in this role.
Lastly, I want to congratulate my parliamentary secretary, the member for Etobicoke—Lakeshore. I have the pleasure of having him as a riding neighbour in Toronto, and I am very excited to work with this excellent lawyer and parliamentarian to improve Canada's justice system.
Bill C-48 will strengthen Canada's bail laws to address the public's concerns relating to repeat violent offending and offences involving firearms and other weapons. It is a response to direct requests we have received from provinces, territories and law enforcement.
I know that these issues are of top concern for all parties in this chamber and indeed all Canadians. I look forward to seeing everyone in this chamber, across party lines, help pass this bill quickly in order to make Canadians safer. We have heard support for this package from provincial and territorial counterparts across the country of all political stripes as well as municipal leaders, police and victim organizations.
I want to begin by expressing my sincere condolences to the families of those we have lost recently in senseless killings. My mind turns to the family of Gabriel Magalhaes who was fatally stabbed at a subway station in my very own riding of Parkdale—High Park. The country mourns with them. This violence is unacceptable and we cannot stand for it. Canadians deserve to be safe in their communities from coast to coast to coast.
As a father, I am personally concerned about crime and violence. I want to make sure that my two boys are protected, as are all Canadian families. That is one of my goals as justice minister. This bill will help advance that goal.
Our government is working to ensure that these crimes cannot be repeated, which means tackling crime as well as what causes crime. We are the party of the Canadian Charter of Rights and Freedoms. Canadians expect laws that both keep them safe and respect the rights that are entrenched in the charter. In Bill C-48, we have struck that important balance. This legislation recognizes the harms posed by repeat violent offenders and would improve our bail system to better reflect this reality.
I will take a moment to remind my colleagues about the values we hold on this side of the House. Public safety is paramount for our Liberal government. This means ensuring that serious crimes will always have serious consequences. It also means improving mental health supports and social services that will prevent crime in the first place and help offenders to get the support or treatment they need to reintegrate safely into communities after they have served their sentence. We believe that investing in our communities ensures safety in the long term.
I was dismayed by the comments made by the Leader of the Opposition in the spring. He would rather engage in fearmongering for political gain instead of doing what is right: coming up with real solutions. He advocates for measures that would limit Canadians' charter rights. He points fingers instead of acknowledging the root causes of crime. The Leader of the Opposition has ignored evidence; he has voted against progress. I am dismayed, but I am not surprised. The Conservative approach to criminal justice has been short-sighted. We cannot return to Harper-era policies of clogged prisons, court delays, wasted resources and increased recidivism.
However, I was heartened to hear the Leader of the Opposition, on August 18, just about a month ago, say, “I am happy to bring back Parliament today and will pass bill reform by midnight” tonight. Well, Parliament is back. We are here. I am willing to put in the work to have this bill pass by midnight tonight. I hope the Leader of the Opposition will stay true to his word and is ready to do the same along with his caucus colleagues. Premiers around the country want this. Police around the country want this. Canadians around the country want this. Let us get this done; the clock is ticking.
What are the specific measures we are speaking about in Bill C-48? According to existing Canadian law, bail can be denied in three circumstances: to ensure the attendance of the accused in court, to protect the public and to maintain public confidence in the administration of justice.
Justice ministers across Canada agree that the bail system functions properly in most cases. However, at the same time, we heard there are challenges with the bail system when it comes to repeat violent offenders. Circumstances change and our justice system should reflect those changes. We are always open to making the system better. When we see a problem, we act. That is what Bill C-48 is about.
The targeted reforms in this bill would improve bail in five regards, as follows: first, by enacting a new reverse onus for repeat violent offending involving weapons; second, by adding certain firearms offences to the provisions that would trigger a reverse onus; third, by expanding the current intimate partner violence reverse onus, fourth, by clarifying the meaning of a prohibition order for the purpose of an existing reverse onus provision; and last, by adding new considerations and requirements for courts regarding the violent history of an accused and community safety.
Let me start, first of all, with the newly proposed reverse onus. A reverse onus at bail starts with a presumption that an accused person will be detained pending trial unless they can show why they should be released. The onus is on the accused. It sends a strong message to the courts that Parliament believes bail should be harder to get when there is an increased risk to public safety or because a release in these cases would undermine confidence in the system. Importantly, the decision and the discretion to deny bail rests with the courts, which are best placed to make such determinations.
This new reverse onus would apply in the following situations: when violence was used, threatened or attempted with the use of a weapon in the commission of the offence; when the offence is punishable by a sentence of 10 or more years in prison; and when the accused has been charged with another offence that meets these criteria in the past five years.
Bill C-48 targets repeat violent offending. My provincial and territorial counterparts and the police have told us this is what we need to address. We are delivering in terms of that specific request.
The new reverse onus targets the use of dangerous weapons. What am I speaking about? I am talking about firearms, knives and bear spray, which I know has been a particularly acute problem in the prairie provinces, thus the direct ask that was made of me and my predecessor.
In the second category, we are cracking down on firearms offences. Bill C-48 would create a reverse onus for additional indictable firearms offences. When the premiers of the country came together in January and wrote to the Prime Minister, they said a reverse onus was needed on unlawful possession of a loaded or easily loaded prohibited or restricted firearm. This bill would deliver that.
On top of what they asked us for in January, we added additional provisions. Those are if one is charged with breaking and entering to steal a firearm, if one is involved in a robbery to steal a firearm and if one is charged with making an automatic firearm. In all those additional instances, the onus would be reversed, which would make bail much more difficult to receive.
Gun crime is a serious threat to public safety. We heard this from coast to coast to coast in this country. We heard about this in this chamber. We have seen too many lives lost and innocent people hurt because of guns. Our government knows when a gun is involved the risk is so much greater. That is why we are expanding the reverse onus provisions to make it harder to get bail in those circumstances.
These reforms respond directly to the calls of the 13 premiers across this country, some who share my political party stripe, many who share the Speaker's and Conservative Party's political stripe, and some who share the NPD's political stripe. What is important is it is a multipartisan approach. The reforms also reflect the perspectives of law enforcement partners to make bail more onerous for accused persons charged with serious firearms offences.
My third category is that this bill would strengthen the existing reverse onus that applies to accused persons charged with an offence involving intimate partner violence where they have a previous conviction for this type of offence. As members may recall, this particular reverse onus was enacted through former Bill C-75, which received royal assent in June 2019. It makes it more difficult for an accused person to get bail where a pattern of violence against an intimate partner is being alleged. The goal is to provide further protection to victims from the escalating nature of this type of violence. Our Liberal government, under the direct leadership of the Prime Minister, has always taken the issue of intimate partner violence seriously and will continue to protect victims of such violence.
The fourth key element of this bill is that it clarifies the meaning of a prohibition order at the bail stage.
Right now, the reverse onus applies at the bail stage when a person has allegedly committed a firearm-related offence while subject to a firearms prohibition order.
The bill clearly states that the reverse onus will also apply in cases of bail orders that carry a condition prohibiting the accused from being in possession of firearms or other weapons. This amendment serves to strengthen the existing reverse onus provision by making it clearer and easier to apply.
The final key proposal among the group of five that I mentioned at the outset relates to what considerations a court must make and take when deciding whether to release someone on bail. In 2019, the former Bill C-75 amended the Criminal Code to provide that before making a bail order, courts must consider any relevant factor, including the criminal record of the accused or whether the charges involved intimate partner violence. That very provision would now be expanded to expressly require courts to consider whether the accused's criminal record includes a history of convictions involving violence. This would help strengthen public confidence and public safety, because bail courts would now be specifically directed to consider whether the accused has any previous violent convictions and whether they represent an increased risk of reoffending even when the proposed reverse onuses do not apply.
The bail provisions would be further amended to require a court to state on the record that it considered the safety and security of the community in relation to the alleged offence. Let me repeat that: This bill, once it passes, and indeed I hope it passes today, would require a court to state on the record that it considered the safety and security of the community in relation to the alleged offence when making a bail order. That is listening to communities and responding to their needs directly through parliamentary action. It would complement the current requirement that the court consider the safety and security of any victim.
This amendment would address specific concerns I have heard from municipalities, indigenous communities, racialized communities and marginalized communities. Our collective safety matters critically in bail decisions. This is an important change. Members of small rural communities have told us that the release of an accused on bail can have significant implications for their residents. This change would require the courts to explicitly consider the wishes of those very communities.
It is our government's responsibility to ensure that legislative measures are consistent with the Canadian Charter of Rights and Freedoms. I am confident that the proposed measures are compliant. More information is provided in the charter statement for this bill, which is available on the Justice Canada website.
I am deeply committed to ensuring that any measures taken in the chamber by this Parliament would not exacerbate the overrepresentation of indigenous, Black and racialized persons in our criminal justice system. We must not further marginalize and disadvantage vulnerable people, including those struggling with poverty, homelessness and mental health and substance use issues.
The government is committed to addressing systemic discrimination in Canada's criminal justice system. I believe that the approach taken in this bill, which makes narrow but important changes, is evidence of that.
The measures proposed in the bill are the result of extensive collaboration among federal, provincial and territorial governments. Members may be aware that the previous ministers of justice and of public safety convened an urgent meeting on March 10 of this year with their provincial and territorial counterparts to discuss ways to strengthen the bail system. This was a productive meeting. The ministers agreed that law reform was necessary but was only part of the solution. The provinces and territories expressed willingness to take action in various areas themselves, including improved data collection, policies, practices, training and programs in the area of bail support and bail enforcement.
I am very encouraged by the efforts by these provincial and territorial partners that are already taking place to improve the bail system in Canada. They are our partners in this issue. They will be our partners in rendering Canada more safe. For example, Ontario and Manitoba have announced commitments to enhance bail compliance measures, among other things, to increase public safety and to address concerns posed by those engaged in repeat violent offending. In British Columbia, the premier has also stepped up and made significant investments to strengthen enforcement and improve interventions in relation to repeat violent offending. I believe that any criminal law reform enacted by Parliament will be even more effective because of such actions taken by the provinces I have just listed, and I am hoping that every province follows suit.
The position I am taking and pronouncing here in the chamber, which is entrenched in Bill C-48, is backed up by law enforcement. Brian Sauvé, president of the National Police Federation, said this on this very issue:
We also see the federal government's tabling of Bill C-48 in June 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.
Apart from the Criminal Code reform, our government is also fighting crime through non-legislative means. For example, the Minister of Public Safety announced $390 million in funding to help fight gangs and gun crime. This kind of funding will support provincial government initiatives related to the bail system and will complement our efforts to crack down on firearms through Bill C‑21.
Ultimately, we all have a role to play in keeping our communities safe. I would be remiss not to acknowledge the dedication and service of law enforcement personnel across our country in doing exactly that: protecting the safety of our communities, sometimes jeopardizing their own personal safety in doing so.
We are pleased that the police associations across the country have come out in support of Bill C-48. This past weekend, in my very own riding of Parkdale—High Park, I hosted the Toronto chief of police, Myron Demkiw, for a festival. He personally expressed to me his hope that Bill C-48 would become law as soon as possible. When I told him it would be debated first thing on Monday, he said, “Dyakuyu”, which means “thank you” in Ukrainian.
We have also discussed bail in meetings with representatives from national indigenous organizations. Their views were and continue to be welcomed. This helps us to better understand what is needed in relation to criminal justice system reform and keeping all communities safe.
Our government takes cases of repeat violent offending and offences involving firearms or other weapons very seriously. Our goal of protecting public safety and victims plays a major role in our analysis of how the bail system operates and whether it is performing as planned.
Bill C-48 demonstrates our commitment to taking action at the federal level to strengthen the bail system in response to the challenges raised over the past several months. Provinces, territories and law enforcement have all lauded this legislation. They come from political parties of varying stripes. This is not a partisan issue. It is about safety, and it is now our turn to pass this bill swiftly.
I started off by acknowledging some people who have been important in my life, and I want to return to that message right now. I talked about my parents and my sister. When those three people and I came here from Uganda as refugees in 1952, we were fleeing the persecution of General Idi Amin. We came here for one thing above all else: safety. We came here because Canada offered that safety and the prospect of a better life. That concern remains alive and well 51 years later for me and everyone who has the ability, honour and privilege of calling this country home. We have the ability today to do something that promotes and advances safety. I hope we can all do it co-operatively and collegially, and can get this done today.
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Madam Speaker, it is an important issue, as I mentioned in my earlier intervention, that is being discussed today, and it was raised at the trade committee prior to this.
When we talk about the Xinjiang integrity declaration, we are speaking about the issues regarding goods whose provenance originates in a particular part of the People's Republic of China, known by locals as East Turkestan and by the PRC government as Xinjiang. The notion of the integrity declaration is to ensure that the provenance of goods that are coming from that particular area does not originate in forced labour or even slave labour, as has been mentioned by some members opposite, specifically on the part of Uighurs. This is a significant concern, not just for the Government of Canada but for our allies and many liberal and democratic nations around the planet, as it should be. I think the awareness of Canadians and folks around the planet has been accentuated in recent years with the rise of more strident policies on the part of the People's Republic of China and the Communist Party of China.
That is the scope of what we are discussing right now. It is about the declaration itself and what actions are being taken under the declaration.
In order to contextualize the discussion, we need to understand the evolving approach to the People's Republic of China itself. The People's Republic of China is under President Xi, who, as we speak, is visiting with Vladimir Putin, of all people, in an effort to address and shore up the alliance between Putin and Xi. That is a cause of concern for all right-thinking and democratically oriented governments around the planet, particularly those that oppose an illegal and unjustified invasion.
That gives us a sense of where President Xi is in terms of overtly aligning himself with the policies of Vladimir Putin. Those policies include policies of aggression. We are seeing Putin's aggression vis-à-vis Ukraine. We are seeing an aspiring, more aggressive, imperial-based Chinese policy, in terms of potential ambitions with respect to the island of Taiwan, the way China has treated Tibetans in the last 63 years, and the treatment that is being meted out toward Uighurs.
With respect to our policy as a government and as a Parliament regarding this part of China and the position we are taking, I would say we need look no further than the things that have been passed on the floor of this chamber. I am speaking of a motion, about 12 to 18 months ago, with respect to labelling what is transpiring in Xinjiang with the Uighurs as a genocide. That is a very significant conclusion to be drawn by parliamentarians. It is something that parliamentarians voted on in this chamber, and it is an accurate depiction, if the evidence is borne out from what we have thus far. We know that those factual elements that have been laid out, if proven, would demonstrate genocide in terms of international law. That is a significant aspect to consider.
About six weeks ago, we passed yet another motion, entirely unanimously, in this chamber to again address the Xinjiang region. What I am speaking of is a policy and a motion that was presented by the member for Pierrefonds—Dollard, if I have that correct, who is also the chair of the Subcommittee on International Human Rights. It is the idea that, with respect to Xinjiang, what we need to be doing as a government and as a nation is ensuring that individuals who are fleeing that type of persecution have a safe haven here in Canada, and bringing as many as 10,000 Uighurs to this country by 2024. That is a very significant step in the right direction in terms of taking a position as a Parliament and as a government toward the human rights violations that are occurring in the Xinjiang region.
Members heard me outline in my original intervention that we have also taken a very significant orientation shift with respect to our foreign policy. I am talking about the Indo-Pacific strategy. We can talk about what the Americans are doing with their Indo-Pacific economic framework, the IPEF, as it is called in the United States. Canada, the United States and many other nations are veering their orientation and foreign policy that is geared toward Asia away from China and its strident, aggressive policies, including its human rights violations, and toward other nations. The Indo-Pacific strategy is a classic example of that.
Why do I raise this in the context of Xinjiang? It is because the Indo-Pacific strategy speaks directly to this very issue. What am I speaking of? There are several pages dedicated to Canada's eyes-wide-open understanding and approach to China as a strident and more assertive, disruptive nation. What the Indo-Pacific strategy outlines is that with respect to China, what we will do is be more clear, articulate and transparent about holding China accountable for various human rights violations.
I am speaking of the Tibetan Canadians whom I represent and their Tibetan counterparts who remain in the Tibet Autonomous Region, and the human rights violations that have occurred since 1959, and before 1959, with respect to that community for the last 64 years. That is important to underscore in terms of their religious freedom, linguistic freedom and cultural freedom. We are talking about things such as Hong Kong democracy protesters and what has been transpiring over the last two or three years in terms of Hong Kongers daring to rise up and speak out against legislative policy that would restrict their freedom of expression. We are talking about individuals, such as those on the island of Taiwan, who fear for their physical safety and their survival as an independent nation among the community of nations. We are talking about Uighurs who come from East Turkestan, also referred to as Xinjiang by the People's Republic of China, and their rights to physical safety, religious freedom, cultural freedom and cultural liberties, of which they are being deprived in the People's Republic of China as we speak.
Those positions, those components are articulated in our Indo-Pacific strategy, and I think that is important because it shows the orientation of the government vis-à-vis China, and Xinjiang in particular.
Some of the contributions to the debate thus far by the members opposite have included criticisms, indeed in some respects accusations, that the Government of Canada is not raising these concerns with sufficient alacrity, sufficient clarity or sufficient repetitiveness or comprehensiveness, including in international dialogue. Nothing could be further from the case. I know with absolute clarity that the issue of Chinese human rights violations, whether it is with respect to Uighurs, Tibetans or Hong Kong democracy protesters, is articulated at every instance and at every available opportunity by representatives of the Government of Canada, including at bilateral and multilateral meetings, and multilateral forums.
I will give a case-in-point example in which I participated. In February, the OECD held an annual forum on responsible business conduct, which is exactly what we are talking about in this context, and that is about the conduct and comportment of enterprises that operate outside of one's borders. At that forum, I was there as the head of the Canadian delegation, representing the Minister of International Trade, and I went to specific lengths to articulate the positions we are taking as the Canadian government with respect to responsible business conduct. I articulated, specifically, references to the Indo-Pacific strategy and the very Xinjiang integrity declaration that is the subject of this morning's discussion. That prompted a very strong and firm response by the Chinese delegation that was present at those Paris meetings, who effectively indicated as follows.
They told me, in good French, that I was telling lies.
They indicated that I was effectively lying about the state of play in the People's Republic of China.
I was not lying when I was articulating, in an open international forum at the OECD, China's track record of violating the human rights of Uighurs, Tibetans and others, particularly with respect to people who originate from Xinjiang. The fact that those instances are being articulated by the Canadian government should give some comfort to those in this chamber who would argue that we need to be doing more of this. We are doing it. We will continue to do it. We will continue to do it in as many forums as possible.
We have to understand the approach toward Xinjiang within the broader context of our approach to labour issues. This has come up about forced labour in the supply chains, a critical issue. The issue of potential slave labour being in supply chains is also a very critical issue. Canadians need look no further than the mandate letters, which we publish as a government, that are given by the Prime Minister to different members of cabinet.
Canadians who are watching right now could look clearly at the mandate letter that has been provided to the Minister of Labour. The Minister of Labour's mandate letter articulates and provides a direction from the Prime Minister for him to work on a comprehensive piece of legislation that would work to eradicate forced labour from Canadian supply chains. That is something that the minister has been mandated to work on, something that he, his political team and his departmental team are working diligently on. That would include things such as a due diligence standard, standards that Canadian enterprises need to operate under, and also repercussions for transgressing those standards, including for not rooting out forced labour in supply chains.
We have heard a little about Bill S-211, which is being sponsored in this chamber by the member for Scarborough—Guildwood, who has served in this chamber for about seven terms. It originates in the other chamber, in the Senate, from Senator Miville-Dechêne.
Bill S-211 and the mandate given for government legislation to the Minister of Labour demonstrate our government's commitment to eradicating forced labour from our supply chains. While we are looking at this, it is also important to understand the international context, and the international context is a wide one.
In meetings at the OECD, I talked to the actual governmental representatives of about four different nations that have launched into this area of eradicating forced labour from supply chains. People talked to me quite candidly about what is working in northern Europe, what is working with respect to the U.K. Modern Slavery Act and where things could be tweaked.
They talked about how the Dutch, the Germans and the French, for example, are approaching it. These are important conversations that we are having, because what we seek to do with our legislation in Canada is to adopt an international best practice, to pick and choose what works in different jurisdictions and to improve on where there may be obstacles, errors or challenges that those other jurisdictions are coming up with.
That is to indicate to Canadians who are watching today that the idea of eradicating forced labour in supply chains is an important one, but it is also a complex one in terms of getting it right. It dovetails with things such as the size of the company, what companies the due diligence standards apply to and what the penalties are on the back end with respect to those companies.
When we look at eradicating forced labour from our supply chains, we need to zoom out to see what we are doing to ensure proper and responsible business conduct. I will point to several things. We launched the responsible business conduct strategy in April 2022. On behalf of the Minister of International Trade, I was there to launch it with a whole host of civil society organizations. They were very keen to see what we were doing to ensure that Canadian entities working abroad are acting and behaving responsibly and that they are complying with the law and with Canadian values.
Those include things like an attestation clause, which is attached to our responsible business conduct strategy, for Canadian enterprises that are going to work abroad or in various parts of the planet. In order to avail themselves of things like the trade commissioner services and of the very hard-working Canadians who operate in 160 offices around the planet to help Canadian enterprises do business in all four corners of the globe, those entities need to attest formally, in documentation, that they will abide by Canadian values, norms and laws, and also abide by international norms, guidelines and statutes in the locations where they will be doing the work.
That is important and it should go without saying. However, by having a quid pro quo, meaning that without the attestation the entities do not avail themselves of trade commissioner services, we are putting teeth to the notion that Canadian enterprises must conduct themselves responsibly when they work abroad. These are very critical.
As part of the responsible business conduct strategy, we are also developing a due diligence standard, which also dovetails with the work that has been taking place at the Minister of Labour's offices.
There is also a whole host of legislative tools that we have implemented. The list of legislative resources is quite in-depth. We passed legislation that deals with the corruption of foreign officials. It should go without saying, but one cannot be engaged in corruption of foreign officials and in bribery acts when one is a Canadian entity operating abroad.
We passed legislation, the Extractive Sector Transparency Measures Act, that deals with one of Canada's great fortes, which is our mining expertise and our mining know-how in Canadian mining operations operating abroad. In the extractive sector, there must be transparency that is informing the conduct at all times of Canadian entities that are operating abroad.
We passed the Customs Tariff Act amendment, which deals with the entities that would be brought into the country. Directly relevant to the issue that has been raised in today's debate, it is about goods that are being brought into the country and that they must abide by the Customs Tariff regulations and amendments. We put this in place to guard against human rights violations on the part of goods that are entering into the country.
We created the Canadian Ombudsperson for Responsible Enterprise. We created this entity in our first Parliament as a government, circa 2018-19. This is the only office of its kind on the entire planet. To purport, as the members opposite have, that we are not showing leadership on responsible business conduct abroad is categorically false.
The creation of a Canadian Ombudsperson for Responsible Enterprise, whose annual report I tabled moments before this debate started this morning in this chamber, demonstrates what we are doing as a government. We put money where our mouth is to create, fund and staff that office with personnel so they can examine critically the conduct of Canadian enterprises abroad and the kinds of norms, rules and values that are being observed by those enterprises.
We heard interventions by the New Democratic member two or three times in this morning's debate about the garment industry. In regard to that, the Canadian Ombudsperson for Responsible Enterprise, pursuant to her own mandate, initiated a study of the garment industry and Canadian enterprises operating in locations like Bangladesh. That is specifically the work that we feel needs to be done. It is being done right here in Canada, by virtue of legislation that we passed, in an office that we created and that we staffed. Again, this is the only country on the planet that has such an entity. That is critical initiative and critical leadership.
Regarding legislative initiatives, we also legislated UNDRIP and passed it. We have abided by UNDRIP, we have ratified UNDRIP and we have passed legislation that relates to UNDRIP. Why is UNDRIP related to issues of conduct abroad? One cannot deal with responsible business conduct abroad without understanding the impact enterprises have around the planet.
Let us pick a continent, such as Asia, South America or Africa. There are indigenous communities all over the planet affected by the conduct of Canadian enterprises. Let us pick a sector, such as the mining sector, the garment sector, etc. When indigenous communities are affected, we have responsibilities, pursuant to UNDRIP, that inform what can and cannot happen vis-à-vis those indigenous communities. Those communities can and should be availing themselves of the benefits from the resources being extracted from the wealth that is on their land. That is an important legislative component that has not been mentioned by the member opposite in raising this issue of debate.
There are also international commitments that we have not only led on, in terms of signing onto, but that we have also worked to further. I will just raise four. There are the UN guiding principles with respect to responsible business conduct. There are the OECD guidelines on responsible business conduct, which were the subject of the conference I attended in Paris in early February this year, regarding how businesses must comport themselves when they are operating abroad.
My NDP friends will be keen to know that we are very active regarding international legal organization guidelines that dictate labour norms and labour conventions with respect to how businesses must operate and what kinds of protections they need to observe when they are operating abroad. We also have been in the forefront of advocating for sustainable development goals and meeting those sustainable development goals at an international level.
The last piece I will speak to is an industry component of industry leadership on the part of Canadian entities taking the reins themselves. I will point to, as one example, the Mining Association of Canada's “Towards Sustainable Mining”. It is called the TSM initiative, in the vernacular in the industry. TSM is something that has been adopted by nine countries around the planet, so far. It is looking at adding four more.
At the PDAC conference that I just attended in Toronto, which is the biggest mining conference of its kind in the world, that initiative was touted by all of the nations that were there. Many nations were expressing interest in participating in it. This is to demonstrate to Canadians that there is not only a component of what good government is doing and what Parliament is doing, but there is also a component of what industry is doing to ensure that the conduct of its enterprises operating abroad is clear, accountable and transparent with respect to human rights.
Let me bring this back to the Xinjiang integrity declaration. One thing that I agree on with the members opposite in raising this issue of debate is that it is an important declaration and an important. Expedited work needs to be done with clarity on this issue and act on the declaration itself. That is an important initiative, and we need to show leadership not just in creating the declaration but also in acting on the declaration and working to ensure that goods coming in from that part of China are not tainted by the scourge of forced labour, including Uighur forced labour.
That is one of the reasons I decided to run for office and stand in the House eight years ago. It is about taking a human rights lens and applying it to the various policies of the Government of Canada. I felt that it was something that was sorely lacking in the previous government. I will acknowledge that some of the legislative measures, including, I believe, the issue about the extractive sector transparency measures, were enacted by the previous government, so there were some good initiatives made by the previous government.
Since 2015, we have taken that ball and moved it significantly forward by creating the CORE, creating the customs tariff amendment, passing UNDRIP and launching a new responsible business conduct strategy. That is the work I am committed to continuing, with the help of all parliamentarians in the House, to ensure that initiatives like the Xinjiang integrity declaration are fully fulfilled.
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Mr. Speaker, I thank the member for that question, and I obviously note his advocacy on behalf of indigenous communities in his riding and generally in Canada. It is an important question.
With respect to the litigation, what I would simply say is that obviously any discrimination, whether it is in the child welfare system or not, is something that needs to be rooted out in this country. I think the litigation had various aspects to it. It went through various permutations and combinations, so to speak. What I am very pleased about is the final settlement reached. It is a historic settlement in Canada of $40 billion, $20 billion of which went to the litigants and $20 billion to communities for the entrenchment of programs that would seek to avoid ever having repetition of that kind of discrimination within the child welfare system.
As to his specific question about the timing of resolving the payment allocation, I do not have that information at hand, but as I mentioned to the Bloc MP, I am more than happy to follow up on that going forward.
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Mr. Speaker, the member for Repentigny asked a very good question.
This is my personal opinion, but I believe it is everyone's responsibility to fight discrimination against indigenous peoples, including federally regulated private corporations. I think this is a challenge that all companies, even private ones, should take up. However, I cannot provide a specific answer. I will follow up, and we can talk about it later.
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Mr. Speaker, I thank the member opposite for his work on the committee. I have reviewed the calls to action myself and I recognize what is in call to action 56. I could simply say, without having in-depth understanding of the genesis of the bill, that I presume it was probably deemed appropriate at that time for the Minister of Crown-Indigenous Relations, who led off debate yesterday at third reading, to be leading the response. That is the key ministry that was involved in generating the legislation.
However, I take at full value what is listed in call to action 56 and also the fact that the government has supported that very useful amendment.
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Mr. Speaker, I am very pleased to rise today to contribute to the debate on Bill C-29 at third reading.
This is quite critical legislation and I will start with some preparatory comments. Our government is committed wholeheartedly to pursuing all avenues possible in the advancement of reconciliation in this country. It goes without saying that when we speak about reconciliation, a cornerstone of this concept is the idea about accountability, that the government, the country, needs to be held accountable for historical wrongs that have been perpetrated against indigenous peoples for literally centuries on this land.
Residents in my riding of Parkdale—High Park in Toronto have spoken to me regularly over the past seven years about the importance of reconciliation, the need to advance it and to address the TRC calls to actions. I am very pleased to note that the TRC calls to action, five of them in particular, are really at the heart of this legislation.
What my constituents and people around the country have told me is that we need to ensure we are doing everything in our power as a government and as a Parliament to remedy the wrongs that were inflicted upon generations of indigenous people, particularly indigenous children who, through the residential schools program, were robbed of their families, their culture, oftentimes their language and, indeed, their history.
Going back seven years to 2015 before we came into power as government, we campaigned on a platform that called for a renewed relationship with indigenous peoples, one that would be based on the recognition of rights based on respect, co-operation and partnership. An important cornerstone of any nation-to-nation relationship as it is being advanced is basic respect for the autonomy and self-determination of the various indigenous peoples that we engage with, being first nations, Inuit and Métis peoples. This is important on the international stage, but it is also important right here in Canada.
The reconciliation process that I am speaking of has to be guided by the active participation and leadership of indigenous peoples. I will digress for a moment. We had an example of that in the legislation I was privileged to work on, which, if memory serves, was either Bill C-91 or Bill C-92 two Parliaments ago. However, the important piece is not the number of the bill that we advanced at the time, but the indigenous languages legislation that we advanced and passed in this Parliament, which is now firmly part of Canadian law.
In that context, we co-developed the legislation in that spirit of reconciliation, in terms of giving full participation and leadership in the development role to indigenous communities, first nations, Inuit and Métis. That is an important aspect of reconciliation and how it manifests, but so too is this bill. With this bill, we would put in place institutional mechanisms that are called for in the TRC calls to action for indigenous peoples, so they can hold Canada and the Canadian government to account for meeting goals on the path toward reconciliation.
What is Bill C-29 about? It is called “an act to provide for the establishment of a national council for reconciliation” and, like the indigenous languages bill that I was privileged to work on two Parliaments ago, it has been driven by the active participation of first nations, Inuit and Métis communities, organizations and individuals right across the country. What it would do is establish a permanent, indigenous-led, independent council with a mandate to monitor and support the progress of reconciliation in this country, including progress toward the full implementation of the TRC calls to action.
Let us talk about those calls to action. I mentioned them at the outset of my comments. The calls to action call on the government to create a non-partisan body that would hold the Government of Canada to account on the journey toward reconciliation. Specifically, calls to action 53 and 54 call for the establishment of this national council for reconciliation and for permanence of funding, which is very critical. We need to not only create the body, but adequately resource it.
Call to action 55 calls on the government to provide relevant information to the council in support of its mandate, providing it with the tools so it can execute its functions. Call to action 56 calls on the government to publish an annual report in response to the national council's annual report covering what the government is doing in terms of advancing reconciliation, another key component.
I will digress for a moment. I know there were some very useful amendments proposed at the committee stage, which I believe were universally adopted and it was unanimous coming out of committee. One of the components was for the government's response to be led by the Prime Minister himself, which is really critical in terms of emphasizing the prioritization and importance of this issue about advancing reconciliation. It is critical to not underestimate the impact that this kind of council will have on fostering the type of relationship with indigenous peoples I mentioned at the outset of my comments.
Through the annual response report, Canada would be consistently required to account for progress being made and also progress that has not yet been made, including identifying challenges, hurdles and obstacles.
It would be the people most impacted by such policies, the first nations, Inuit and Métis people on this land, who would have the power and wield that power to hold the government of the day to account.
That is really important. This is not about partisanship. This is not about what the Liberal government will be held to account for. This is what any government in the country would be held to account to do, going forward, with respect to advancing reconciliation, which is very critical in terms of such a pressing matter.
It is clearly only the beginning of some of the work we need to be doing. We know that, in Ontario, in my province, the median income of an indigenous household is 80% of that of a non-indigenous household. We know that the life expectancy of an indigenous person is over nine years shorter than a non-indigenous person on this land.
We know that while fewer than 5% of Canadians are indigenous, indigenous women represent over half of the inmate population in federal penitentiaries. We know that when we account for male participants, while indigenous men represent 5% of the population, they represent 30% of the prison population. Those are really chilling statistics.
I can say, parenthetically, that TRC call to action 55 has several subcategories. Two of the subcategories, and I will just cite from them, talk about the council ensuring that it reports on the progress on “reducing the rate of criminal victimization of Aboriginal people” as well as, in call to action 55, subsection vii, “Progress on reducing the overrepresentation of Aboriginal people in the justice and correctional systems.”
I think one important facet of what the council will be doing, and also how the government will be responding, is highlighting some of the initiatives we have already started to take.
I am very pleased to say that, about two weeks ago, we secured passage and royal assent of Bill C-5. The bill addresses mandatory minimum penalties in the country, which have been in place for far too long, and how those mandatory minimum penalties served to take low-risk, first-time offenders and overly incarcerate them, disproportionately impacting indigenous men and Black men in Canada.
That is an important facet, in terms of how we advance this fight for reconciliation and how we advance some of these terms that are specifically itemized in the calls to action. That is exactly the type of thing I would like to see reported on by the council and included in the responses by the Canadian government, as to what further steps we can take to cure such instances, such as overrepresentation.
There are lasting effects. All of these statistics I have been citing demonstrate the lasting effects of the intergenerational trauma in Canada that has been inflicted upon first nations, Inuit and Métis communities. They are the result of enduring systemic discrimination and systemic racism in this country. That is critical to underline. It should be an issue that is really incontrovertible in the chamber.
We cannot begin to address such serious issues until we put into law a mechanism for holding the government of the day accountable, consistently accountable, for the actions, both past and present, and for what we are doing to remedy these historical injustices.
I was quite pleased to see this bill get the support of all parties at second reading. I am very confident that, hopefully, it will get support, once again, of all of the parties in the chamber.
I note, again, some of the important amendments that were made. I mentioned one of them right at the start of my comments. Other useful amendments presented by a multi-party group at committee included having elders and residential school survivors and their descendants populate the board of directors for this council. That would be a really critical feature.
I will say, somewhat subjectively, that I was quite pleased to see the fact that the importance of revitalizing, restoring and ensuring the non-extinction of indigenous languages also forms part of the amendments that were suggested by the committee, something we have wholeheartedly adopted already in Parliament.
As I mentioned earlier, the response to the annual report will be led by the Prime Minister himself.
That being said, this bill would do more than place obligations on the government. It would compel the government to continuously hold a mirror to itself, to urge us to never stop striving to do the best job we can vis-à-vis reconciliation. It would urge us to take ownership of the wrongdoings of the past and of the challenges of the present, and to work toward a commitment to do better going forward.
I think this type of honesty and accountability has been long sought after, and Bill C-29 is a step in the right direction.
I commend the bill and I urge all of my colleagues to do the same and ensure its passage.
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- Jun/1/22 2:13:55 p.m.
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Mr. Speaker, June marks National Indigenous History Month. My constituents, including Anne Hines, the minister of Roncesvalles United Church, care deeply about understanding indigenous contributions to our community. When Anne considered what her congregation could do to support indigenous reconciliation, she looked no further than Phil Cote.
Phil belongs to the Moose Deer Point first nation and is a celebrated Anishinabe artist. Anne commissioned him to create a soaring indigenous mural, some 60 feet high and 70 feet wide, that now adorns an entire wall of the church.
The mural is the first of its kind in a church in Canada. The significance is clear, given the historical role of the church in administering the residential school system. Now all those who enter Toronto's Roncesvalles United Church are struck by this towering work of art and the creation story it depicts.
As opposed to working to take the Indian out of the child, Roncevalles United is now celebrating the indigenous presence that surrounds all of us.
The path toward reconciliation is a shared one. Thanks, Phil Cote and Anne Hines, for demonstrating that for all of us.
Chi-meegwetch.
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Madam Speaker, I think that is a critical question. When we carve out the promotion of indigenous culture and particularly indigenous languages in the legislation, which has explicitly been done, we create an opening to address the exact problem the member has highlighted.
We know that we need more indigenous voices and indigenous content online. We also know that supporting this sometimes costs more money. However, having the legislation crafted as it is right now, with that specific exception and specific prioritization, allows us the opportunity to dedicate some of the funds coming in from the Amazon Prime's of the world specifically to the promotion of Inuktitut and about 90 other indigenous languages in this country.
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- Feb/19/22 10:02:57 p.m.
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Madam Speaker, I welcome the member for Edmonton Griesbach to the House. I admit to some extreme concern when members of the official opposition have actually belittled the concerns of other parliamentarians who do not share his particular demographic and the fears that they might be experiencing.
I want to ask the hon. member something, as a man who is an indigenous advocate and as a man who is indigenous himself. When he sees people who are being arrested assaulting the police officers, throwing bikes at police horses and attempting to remove weapons from police officers, can he contemplate how that kind of response would have been met had those protesters been Black, indigenous or people of colour? Could he perhaps discuss, with some further clarity, how the response would differ?
I firmly believe it would have differed. We need to move forward and really rethink how we are doing policing, notwithstanding the tremendous work that our law enforcement officials are attempting to do in this country right now.
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- Dec/13/21 1:31:15 p.m.
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- Re: Bill C-5
Madam Speaker, I welcome the member for Edmonton Strathcona to the House after her re-election.
It is critical that this gets studied thoroughly at committee. That is very important. Having served on the justice committee for many years, I believe it is one of the best committees in Parliament in terms of its scrutiny of legislation that comes before it. Considering the timing of when it goes to committee, we have already commenced second reading debate, so the stage at which it would go to committee has already been addressed, and it would be following this second reading debate.
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- Dec/13/21 1:17:45 p.m.
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- Re: Bill C-5
Madam Speaker, I am rising to join this important debate on Bill C-5. I am speaking today from the unceded territory of the Algonquin and Anishinabe people in Canada's House of Commons.
This bill that is being debated today, and the changes it proposes to make to the Criminal Code of Canada, are critical to addressing systemic racism and systemic discrimination in the criminal justice system. Anyone who has been listening to this morning's debate knows quite clearly at this point that we are facing a very serious issue. That issue is the overrepresentation of Black and indigenous persons in our criminal justice system, primarily Black and indigenous men.
How did we get to this situation? We have prepared legislation, tabled it in the last Parliament and retabled it in this Parliament because we have fundamentally listened to experts I had the privilege to consult with in my capacity as parliamentary secretary to the minister of justice in the last Parliament. We have also listened to Canadians, among whom are my constituents in Parkdale—High Park. We have been seized with certain issues that relate to challenges not just with individual acts of discrimination, vis-à-vis one particular person or group of people, but rather norms and rules that embody our systems and our institutions. There is no more robust place to do the hard work and the heavy lifting that goes into addressing systemic racism than the criminal justice system of Canada.
We know that Canadians in every riding in this country were seized by the videos we saw of George Floyd. Things were also occurring here in Canada with respect to indigenous populations. We could talk about the response of law enforcement to the Mi'kmaq fishers on the east coast. We could talk about RCMP officers and the overuse of violent force with Inuit individuals in Canada's far north. These images, stories and issues really captivated our nation. That is why we are here today acting and mobilizing on that sentiment. We are here to listen to those voices and act upon them.
We have also consulted the statistics, and they are startling. In 2020, despite representing 5% of the Canadian adult population, indigenous adults accounted for 30% of federally incarcerated inmates. That is a sixfold increase. That is reprehensible. I think I heard that from across the way. Although Black individuals represent 3% of the Canadian population, in 2018-19 they represented 7.2% of the federal offender population. This was more than a twofold increase.
What I have heard from my constituents in Parkdale—High Park and from people right around this country is that we need to act. That is why we are taking action now, specifically as it relates to Black and indigenous persons and other persons of colour. There is a unanimous sense I have heard that there is a need to take action.
Today, we are talking about a bill that would do so in three areas. Before I touch on those, I want to outline two broad themes that underlie the points I am making today. The first point is that we need to tackle systemic racism. The second point is that on this side of the chamber, we are a government that believes in judicial discretion. That is fundamental because it will underpin what I am going to speak about.
First, Bill C-5 would repeal mandatory minimum penalties or imprisonment for certain, but not all, offences to address the disproportionate impact on indigenous and Black offenders as well as those struggling with substance abuse and addiction, as appropriately raised by the member for Vancouver East. Second, it would allow for greater use of conditional sentence orders, or CSOs in the legal parlance, when an offender faces a term of less than two years' imprisonment and does not pose a threat to public safety. Third, it would address issues dealing with drugs, opioids and addiction in this country by requiring police and prosecutors to consider measures other than laying charges or prosecution for simple possession of drugs, such as diverting individuals to addiction treatment programs.
In terms of the first category, we heard about mandatory minimum penalties ad nauseam during this morning's debate: why they exist and whether they are useful, etc. I rest on the side of the evidence. The evidence has shown us clearly that regardless of how they are imposed, who imposed them or how long they had been in place, mandatory minimums have only served to disproportionately impact men of colour in particular, but also indigenous women, by having them be overrepresented in our criminal justice system.
These are for crimes such as simple possession of narcotics, simple possession of a firearm, or a first-time offender using a firearm. More likely than not, people of colour are entrapped in the criminal justice system based on these charges, and more likely than not, because of the mandatory minimums they face jail time.
This is problematic because it eschews judicial discretion. We heard about this from the member for Whitby. He spoke about his family's experience, including his father's, and about what we need to do to ensure people are not sent down a certain path for the rest of their lives. The way we do that is by not putting people into a revolving-door situation of incarceration after incarceration where people are habituated to a life of criminality behind bars.
The way we do that is by ensuring there are other options available. One of those options is to give judges the tools they need to craft sentences that are appropriate for particular individuals. As a minor digression, that is what informs our motivation behind the impact of race and culture assessments, which we are also funding. We want to be able to look hard at accused individuals and understand their life circumstances, what got them to this place and how we can ensure they do not reappear in front of a court six months or six years from now on a repeat offence.
We want to get them out of a cycle of potential criminality and toward a cycle of productive life, contributing to our communities. By binding the hands of judges, we have seen exactly the opposite. The exact law and order methodology that is professed by members of the official opposition is turned on its head by this kind of blanket prohibition. All it does is produce more criminality, not less. That is why we are standing up against it.
Secondly, judges have spoken out against these types of penalties. Decision after decision rendered by courts as high as the Supreme Court of Canada has found these types of penalties unconstitutional. They violate the Charter of Rights and Freedoms. That is why we are taking action: We believe in the Charter of Rights and Freedoms, and adhering to it particularly when guided by the judiciary.
The impacts of these penalties have been legion. In terms of worsening over time, we know that in 1999 indigenous peoples represented approximately 2% of the adult population, but accounted for 17% of admissions to federal penitentiaries. By 2020, after a series of mandatory minimums were added to the Criminal Code by the previous Conservative government, 30% of the federal inmate population was indigenous. That is a trend in the wrong direction, and it is a trend we need to correct.
I do not want this bill to be mis-characterized. Canadians are watching, and I know it is not just our mothers and fathers who watch in the middle of the day. Other people watch the House of Commons in the middle of the day. They need to know that we are not purporting to get rid of mandatory minimum penalties for serious offenders. Mandatory minimums involving cases of firearms, and those who traffic, smuggle, commit repeated violent assault or murder using firearms, are not being targeted. We are targeting single, first-time offenders in low-level offences. That is who we do not want destined for lives of criminality.
The other serious issue that needs to be addressed concerns conditional sentencing orders. I want to emphasize that this is the old-fashioned notion of house arrest. It goes back to the point I made at the outset of my remarks today. If we want to ensure that individuals are not subjected or destined to lives of criminality, or lives interacting with the criminal justice system, one good way to ensure that is to ensure that they do not spend time behind bars for their first offence.
Instead, when they are not a significant threat to public safety and when they are not likely to reoffend, at that point in time we would subject them to a conditional sentence order. This would allow them to serve their sentence outside of incarceration, subject to certain restrictions. This is critical, because we need to ensure there is a penalty applied. However, by not having them placed behind bars, we do not subject people to lives of criminality.
We have seen that conditional sentence orders entrenched by Allan Rock, who was the Minister of Justice 26 years ago, were eroded over time by the previous Conservative government. We are trying to return to the status quo.
My last point is on drug diversion. This is critical. The reason we are doing this is simple: We are listening to the evidence in the city of Toronto and the city of Vancouver. We are listening to the Canadian chiefs of police who have advocated for this type of drug diversion, and we are listening to the director of public prosecutions. They have said that not having diversion clogs our system and renders it less effective in addressing the true cause of criminal behaviour.
These are important initiatives. They are threefold within this legislation. I hope all members will stand behind this important bill.
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