- Member of Parliament
- Member of Parliament
- Conservative
- Stormont—Dundas—South Glengarry
- Ontario
- Voting Attendance: 64%
- Expenses Last Quarter: $135,225.85
- Government Page
- Jun/16/22 5:15:55 p.m.
- Watch
- Re: Bill C-9
Mr. Speaker, as always in the House, it is a pleasure to rise to speak and raise the voice and the message from my constituents in the eastern interior riding of Stormont—Dundas—South Glengarry. I will be splitting my time here this afternoon with our opposition House leader, the member for Barrie—Innisfil.
I want to start my intervention and notes on Bill C-9 today with a bit of a personal parliamentary perspective.
We are hearing a lot of criticism here today on this bill. I will say at the forefront that I agree with this specific piece of legislation on the need to modernize our judicial system and to improve confidence in it in a timely fashion. We will hear from our Conservative colleagues some reasonable questions, comments and perhaps amendments to strengthen it. At the end of the day, when we talk about a general intent and the high level of opportunities for us to build strength and confidence in our judges and a process for removal if necessary, we would be deeming that appropriate.
As a bit of context on this piece of legislation, it was tabled six months ago, and this is the first opportunity to discuss it. It is not as if it had been debated for weeks and months on end here in the House of Commons. This is the first time we have had a few hours to discuss it. In my limited time here of two and a half years as a member of Parliament, I have seen that we have to learn how we can most effectively find ways to get our voices onto the floor of the House of Commons on issues that are important to our constituents.
I will take some time and note a bit of the background on the bill, but I will talk as well in general about some of my concerns and frustrations with the government's direction or tone or intention or narrative when it comes to building confidence in our Canadian judiciary.
The bill before us would update a piece of legislation. When I was looking at the background, I had to go online, and it was kind of interesting. The current process for complaints of misconduct against judges was introduced in 1971. Pierre Elliott Trudeau was our prime minister, and the minister of justice and attorney general at that time was future prime minister John Turner. I think we could agree in the year 2022 that there have been amendments over the years but that we are going to need to tweak and change and edit legislation over the course of time.
I will give credit to the member for Saanich—Gulf Islands, who just spoke for a few minutes and gave some very tangible examples of how we need this reform to go. Right now, one of the issues is that if a serious complaint is made through the process of the judicial council and if the misconduct is deemed less serious, the individual member may negotiate a resolution to the process. That lacks accountability and transparency, and I think there is agreement that we need to reform that process.
The proposal in Bill C-9 would change that so that if it is deemed less serious, there still is an opportunity. A member would review it and could either dismiss the complaint if it was wholly without merit or refer it to a three-member review panel. This would provide an opportunity to make sure all reasonable and credible allegations of misconduct, and their severity level, would go through a proper process, which again would give Canadians confidence.
I will also note from my colleague from the Green Party's intervention that there have not been many of these over Canadian history. That speaks to the integrity, the ethics and the strength of the bench in Canada for decades, but I also think we need to update this to make sure that, again, the cases that are deemed “less severe” would still require a review in a public, transparent process in terms of the review panel, the hearings and so forth.
One of the things I want to raise when we talk about building confidence in the judiciary is the government's intention when it comes to mandatory minimum sentencing. One of the pieces of legislation we have debated here is Bill C-5. That can relate to, and the government is proposing to remove, several mandatory mandatory minimum penalties. The government is saying that if we oppose the removal of those mandatory minimum penalties, we do not support the Canadian judiciary and the discretion of judges. That is not the case. We believe, as Conservatives, in victims' rights and in supporting those who have gone through trauma or issues and have gone through being a victim of a crime. There deserves to be a minimum punishment.
One of the things we talk about when we talk about removal is that this is not for simple things like simple possession. I want to list the things that we have been standing up for, as I believe confidence can still be maintained in our Canadian judiciary and individual judges.
A number of mandatory minimums are being removed related to gun crimes. Mandatory minimums are gone for robbery with a firearm; extortion with a firearm; weapons trafficking, importing or exporting, knowing it is unauthorized; and discharging a firearm with intent. The mandatory minimum in all of these cases is gone, and the list goes on.
Also, some of the legislation we have been dealing with would eliminate mandatory prison time for drug dealers by eliminating six mandatory minimums in the Controlled Drugs and Substances Act: trafficking or possession for the purpose of trafficking, importing and exporting or possession for the purpose of exporting, and production of a schedule 1 or 2 substance. What does that mean? It means heroin, cocaine, fentanyl, crystal meth. There would be a removal of those mandatory minimums.
This, again, is the first time we have been dealing with the bill in this Parliament, as it was over in the Senate. The government prorogued at one point, and then it called the election, so it has been stalled several times. This is the first time that we have an opportunity.
I have advice to the Bloc and the NDP, which are complaining that I would like to stand up and have a 10-minute intervention on confidence in our Canadian judiciary: It is that I do not believe in the direction the government is going when it comes to eliminating mandatory minimums. We may agree on the need for reform; there is what is in the legislation, but, most importantly, it is what is not in the legislation, and we have an opportunity to stand up here in the House of Commons and raise those concerns.
It also gives me the opportunity to be the voice for my constituents as well when we talk about the process. Bill C-9 is one example, and Bill C-5, which is terribly flawed, in my opinion and in the opinion of our caucus and in the opinion of many members of law enforcement as well. One of the things that we are not seeing, among the easy things to do, is a whole bill dedicated to reforming this. It means that they are not putting in legislation to address some of the other things. We are calling it out when we see it.
A perfect example is the lack of services for those in the Canadian justice system who are dealing with addiction or battling addiction. We are seeing changes in an effort, through legislation, to try to distract us from the lack of investment in mental health and addictions treatment for those who truly need it. We are taking mandatory minimums away from people who are trafficking and preying on some of the most vulnerable in our society, yet we are not providing the resources to get them the help that they truly need.
When we have a bill like this, it is an opportunity to talk about the views from our community on the portfolio of the Attorney General, the Minister of Justice. It is an opportunity to perhaps find agreement on this, yes, but I can also find time to join the floor of the House of Commons and say what is not in forthcoming legislation, what is perhaps not in budget bills to address some of the flawed aspects of the government's intentions.
I will just say this as we wrap up, and I have always said it: Somebody who is battling addiction does not need prison time. That is a universal agreement in our country, of law enforcement, I believe, and of the House. We need to target our resources and our criminal justice system on those who are preying on these people and victimizing them. At the same time, we need not only pieces of legislation like Bill C-9 to increase confidence in our justice system; we need investments that can actually get victims, those who are dealing with addiction, out of our justice system and into proper help to get back into a better trajectory in life and a more positive future for themselves.
I will say in review of this bill that it is time for an update. I look forward to questions and comments and I appreciate the opportunity to speak broadly about confidence in our justice system.
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- Dec/14/21 3:47:56 p.m.
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- Re: Bill C-5
Mr. Speaker, let me start with this. Someone who is battling an addiction does not need a jail cell: they need treatment. They should not be judged. They should be helped. I think there is universal acceptance of that statement. There is not a Canadian or a member in the House who does not know, by a degree of separation, somebody who has been impacted by battling addiction.
Here is the sad part of where we cannot agree. Violent criminals, drug dealers and traffickers should be held accountable with mandatory jail time for preying on vulnerable people. I had the opportunity to speak to Bill C-5 in the last Parliament, and in my opinion it is a terrible bill that protects drug dealers and people who are trying to profit from and prey on those battling addictions as opposed to protecting the victims of crimes.
Here is what Canadians are not being told by the government in this legislation. There is not mandatory jail time for simple drug possession. That does not exist. Sadly today, what also do not exist are anywhere near enough treatment beds to get people who are battling addiction the help they truly deserve.
The government called an unnecessary election a couple of months ago. It took 62 days for the House to come back, and one of the government's first bills here does not give more beds or a program to create more beds across this country to help those battling addiction. Rather, on page 10 in the Speech from the Throne, there is a simple line that says, “there is more work to be done on mental health and addiction treatment”. That is it. There is no plan or strategy, but rather eliminating mandatory jail time for very serious crimes.
The Minister of Justice said earlier in question period, and I heard my colleague from the NDP say a little while ago, that there are still serious consequences for serious crimes. I think they have a very warped definition of what a serious crime is in this country.
Let me specifically say that Bill C-5 would eliminate a number of mandatory jail time provisions relating to gun crimes: robbery with a firearm, extortion with a firearm, discharging a firearm with intent, and using a firearm in commission of offences. There is also the expansion of conditional sentencing, where the bill would allow greater use of conditional sentencing orders such as house arrest.
Some of the new eligible offences in the bill would include arson for fraudulent purposes. Somebody who commits arson by burning somebody's home or property down may be eligible for house arrest in their own home. The height of irony of that knows no bounds.
The bill does not help people in this country who are battling addiction to opioids or other drugs, whatever they may be. What we know is that police officers already have the ability to use their discretion when determining whether to lay charges. One of the most profound and impactful opportunities I have had in my two-and-a-bit years as a member of Parliament has been to do ride-alongs with the Ontario Provincial Police and the Cornwall Police Service in my community of Stormont—Dundas—South Glengarry.
I saw first-hand, late on a Friday night and early into the morning, the amazing work that our front-line police officers do. I also saw, thankfully and confidentially, their ability to use that discretion on the front line. I saw that discretion was being used. What was not there was the availability and ease of getting treatment for somebody who clearly had an addiction issue, so they could get past their problem. Over and over again, we talk to law enforcement about tackling this issue and getting better service for treatment. Getting people the help that they deserve needs to be top priority, not letting off drug traffickers for gun crimes or violent criminals with the opportunity for more lenient sentences after they have been convicted.
The Public Prosecution Service of Canada has previously issued a directive to prosecutors to avoid prosecuting simple drug possession cases unless there are major public safety concerns.
That is clear. This bill would do nothing to change all of that rightful practice that is in place. Instead it would give breaks and the opportunity to provide breaks to people who are trying to destroy the lives of people battling addictions and profiting off it.
In my riding, there have been several news stories of how the opioid and addiction battles, not just in eastern Ontario but across this country, have unfortunately only gotten worse during the pandemic. I look at a news release that came from the Cornwall police service and the Eastern Ontario Health Unit, warning about increases in drug-related overdoses in Cornwall and area from April of this year.
Inspector of field operations for the Cornwall police services, Chad Maxwell, says, “Opioids are endangering the lives of vulnerable members of our community and we are dependent on everyone to take this messaging seriously.”
I look at the headline in the Cornwall Standard-Freeholder, “A hidden pandemic in the Cornwall region—opioid overdoses and deaths”; or the headline in the Morrisburg Leader, “Opioid overdose numbers rise during pandemic in EOHU region.” The Seaway News shared the same news back on April 9.
As we wrap up Parliament in the next few days for the year, having been back for a few weeks, when I go back home, I have the opportunity to liaise, as I mentioned, with the Ontario Provincial Police, the RCMP, the Cornwall police service and the Akwesasne Mohawk Police. I also have the tough job of having to hear the stories of parents who have lost a child or sibling to addiction. I go back to them this week to tell them that there is no more money for residential treatment beds for people battling addictions, that there is no plan to address it or to fill that massive gap we all heard about in the recent election and that we know exists. However, I will have to tell them that there is a bill on the table that would lower the bar for convicted violent criminals.
Whether it be in Morrisburg, or Cornwall or Crysler, addiction impacts every community in the country. I would encourage members from the Liberal and NDP side, who are strongly promoting this bill, to ask their constituents if they want an increased number of residential treatment beds as a priority for this Parliament or if they want the list that I exhausted earlier of all the mandatory jail times where leniency can be given upon conviction for these serious crimes.
I will wrap up today by quoting something that was in our Conservative platform earlier this year, “Canada’s Conservatives will treat the opioid epidemic as the urgent health issue that it is.” The last thing those suffering from addiction should have to worry about is being arrested. Any interaction the government has with them should be focused on keeping them safe and helping them recover. We believe that law enforcement should focus on dealers and traffickers.
We need more residential treatments. We need a better plan at the federal level and in every part of our country to get people the help they need and deserve. Bill C-5 would not go after dealers and traffickers appropriately. It would lower the bar and open the door. That is wrong. Our opposition will stand every step of the way against this terrible, misguided bill.
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