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Decentralized Democracy

Hon. Arif Virani

  • 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
  • Sep/18/23 12:28:57 p.m.
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  • Re: Bill C-48 
Mr. Speaker, I thank the member opposite for her continued collaboration. I think she knows, after my last eight years in this place, that advancing equality and curing systemic overrepresentation have been a hallmark of all of the work I have always tried to do. This bill would not impugn that objective. This bill is targeted. It has been called for by indigenous communities and Black communities around the country. Those communities need to be safe from violence exactly the same as everyone else, and the work that we continue to do to cure overrepresentation is represented by Bill C-5, by the impact of race and cultural assessments, by dealing with anti-hate strategies and by the work we will continue to do on curing online harm.
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  • Sep/18/23 12:00:37 p.m.
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  • Re: Bill C-48 
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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  • Nov/30/22 4:24:50 p.m.
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  • Re: Bill C-29 
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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  • Nov/30/22 4:10:55 p.m.
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  • Re: Bill C-29 
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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  • Apr/25/22 5:13:00 p.m.
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Madam Speaker, I will be sharing my time with the member for Sackville—Preston—Chezzetcook. I am rising today to participate in this very important debate. On an annual basis, when we have a chance to speak about the budget and the plan the government has going forward for the people of Canada, it is a critical time to participate in debate in this chamber and discuss some of the issues contained in the budget and some of the policies that are being focused on. There are about five or six areas that I am going to touch upon, but I am going to start with one that is very close to the residents I represent in Parkdale—High Park. It is the issue of Ukraine. We are now past the second month of the conflict in Ukraine, and we heard the Minister of Finance deliver a budget that she was very emotional about as a woman of Ukrainian heritage. What we have done to support Ukraine with sanctions, humanitarian aid and military aid is extensive. What this budget included very specifically is something that a lot of my constituents have talked to me about. They talked about further military aid and further economic aid to prop up the economy as it comes out of and exits this period of Russian unlawful and illegal aggression. Those are very significant initiatives, and I wanted to start by highlighting them. The second piece dovetails with a commitment we made going back to the campaign and that we concluded just before the tabling of this budget. It is what we are doing to assist people who are raising families in this country. The people who are raising families in my province of Ontario unfortunately had to wait a little longer than the rest of the country because of the obstinacy in some respects on the part of the Government of Ontario. However, lo and behold, even the Government of Ontario got across the finish line, and now we have concluded a deal that will allow affordable child care to be provided to families with children under six in licensed facilities in every province and every territory in this country. This is a terrific day for Canada and a terrific day for families. What does this mean for my constituents? It means direct assistance. Already, in the month of April alone, the cost of child care has been reduced by 25% in licensed facilities. This is just in the past month. By the end of this year, it will go down 50%. The Speaker's riding is in the beautiful province of Montreal and my riding is in Toronto. All of us have very expensive child care, particularly those of us in cities. The cost of child care is between approximately $1,500 and $2,200 per child per month in my riding. That is staggering. To take that in half by the end of this year is equally staggering. To take it to $10 a day by the end of four years is dramatic. That is what we are doing to help serve Canadians. Who does this help? It helps children with their early childhood development, but it also helps women. I specify women because we know the choice is still made in 2022 that one parents has to stay home, and too often and more often than not, it is the woman who is compelled to stay home. It is the woman who is deprived of the ability to stay in the workforce or return to the workforce. That does not help women, does not help their empowerment and does not help Canada's economic bottom line. This policy will, and it is contained in this budget. We are also addressing what we have heard about, rightly, regarding the growing income disparity we have seen during the pandemic and even after the pandemic between the haves and have-nots. What I am talking about is large financial institutions. This is about banks in particular, but includes large insurance companies. There are provisions in this budget that address exactly that. We have proposed that where profits of over $1 billion were made, there will be a 15% tax on any profits above $1 billion in the 2021 taxation year. On top of that, we proposed, and are implementing through this budget, an increase in the corporate income taxation rate from the current 15% to 16.5% on banking income that is above $100 million. That is critical because it helps produce some of the fairness we are seeking to achieve in Canadian society, since some have done very well during this pandemic and some have done very poorly. We are also initiating more investigations and prosecutions of those who use aggressive tax planning to exploit loopholes. There is $1.2 billion dedicated to the CRA to promote just that. Who else are we helping? We are helping people with their broader health care. I am talking about oral health and dental health, which are also contained in this budget. It is momentous. We know that today 33% of Canadians do not have dental insurance. I, like every other member of this chamber, benefit from the fact that we are provided dental benefits, along with other benefits, as members of this chamber. Not every Canadian is so lucky. What we are doing is correcting that situation via a significant financial investment that will go toward the dental health of Canadians and helping with their overall health. How are we doing this? Children under 12 are targeted in 2022. By 2023, it will be children under 18, seniors and those living with a disability. By 2025, there will be full implementation. What does that mean? It means that $5 billion will be spent over five years to ensure the dental health of families with an annual income of less than $90,000. We are targeting this help to those who need it the most. Members have heard me speak many times in this chamber over the past seven years and know that I am committed to a basic premise, which is about promoting equality and combatting discrimination. It is something that I spent 15 years doing as a practising lawyer. It is something I continue to do as a member of Parliament. I am very pleased that this document, this budget that has just been tabled, outlines the next steps in that important fight. How are we doing this? We are reinvigorating the anti-racism strategy, which was launched in my riding by the former minister of heritage during the 42nd Parliament. That national anti-racism strategy is getting another funding injection of $85 million over four years. That will also include a national plan on combatting hate, hate that we have seen too much of, not just during this pandemic but even prior to the pandemic. It has spread online through things like misinformation and disinformation. We are also dedicating two special representatives: one on combatting Islamophobia and one on combatting anti-Semitism. Both roles are critical. Both roles will continue, in perpetuity, going forward with the funding we have announced. Last is something that is very germane to my riding, because one of the lead proponents of this initiative is a U of T law professor who is my constituent. That man is named Anver Emon. He started something called the Muslims in Canada archives. What is that all about? Why am I talking about the Muslims in Canada archives in the middle of a budget speech? I am talking about it because if we want to address Islamophobia, we need to do short-term things, like promoting people's safety at mosques, and we also need to do medium- and long-term things. How do we do that? We change the narrative. We disabuse the stereotypes. We change the perceptions and generalizations, giving positive imagery to replace negative imagery. We get rid of the tropes and stereotypes, and we replace them with positive history about Muslims and their contributions in this country. That is what the Muslims in Canada archives will do. That is what is being funded by this budget, to the tune of $4 million, so that, whether Muslims live in Quebec, Alberta, the Maritimes, Ontario or anywhere else in this country, their stories can be told, shared and spread throughout the community so we can cure the pernicious impacts of Islamophobia. It is something I am very proud to stand by, and that is what is in this budget. There are two large components to this budget: the housing component and the environmental component. In the last couple of minutes I have, I will just draw on a few specific points under each heading. On the housing front, I am very pleased to represent six different co-ops in my riding of Parkdale—High Park. What I am even more pleased by is that in this budget, for the first time in several decades, we are injecting new funding to further expand the breadth of co-op housing that exists in this country. This is critical for people who desperately need and deserve adequate housing. That is on top of the rapid housing initiative investments and on top of the housing accelerator, which will build more units. It is a critical thing to address a very basic need. On the environment, we are talking about a number of things that dovetail with our emissions reduction plan, but what I will focus on in the brief time remaining is ZEVs. I am pleased at this point that when we turn on the television, we see things like Ford trucks being advertised that are going to be electric. I am pleased that people are talking to me more about charging stations and vehicle charging infrastructure. That shows that the idea is taking hold. We are transforming an industry. We are transforming work for those who work in the industry through things like the just transition. We are also transforming things in terms of the quality of air in the environment that we all have for our families, for our children and for our children's children's families. That is critical in terms of getting to net zero. We are doing that with yet another commitment to furthering zero-emission vehicles in terms of providing the critical minerals for the batteries that they need, providing the charging infrastructure and continuing the rebates for those cars. I started off by talking about the Government of Ontario. I will return to talking about the Government of Ontario. On June 2, there is an election coming up. What is unfortunate is that there was a previous government that coupled our rebate on zero-emission vehicles with its provincial rebate, but that was summarily dismissed by the government of Doug Ford during his first couple of months in office. It has not been restored, and he is not even campaigning on restoring it. We all need to get to net zero. Doug Ford's constituents, like mine, are longing to purchase a zero-emission vehicle but could use some help in doing so. I think it is incumbent upon all provincial governments to join us in providing similar rebates so that we can get to that net-zero future together. That is what is contained in the budget. I am happy to defend it in this House.
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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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