- Member of Parliament
- Member of Parliament
- Bloc Québécois
- Joliette
- Quebec
- Voting Attendance: 68%
- Expenses Last Quarter: $132,165.46
- Government Page
Madam Speaker, as I was saying, Bill S-205 essentially seeks to amend the Criminal Code in order to enable judges to order an accused to wear an electronic monitoring device at the request of the prosecutor; make it easier for the victim to obtain a copy of the order against the accused and require the judge to check with the prosecutor to ensure that the victim has indeed been informed; and enable the victim to report their assailant if they have reasonable grounds to fear for their physical safety or that of their child or children. If the fear is justified, the judge can then order that the accused enter into a recognizance. Refusal to do so will result in imprisonment.
The bill also seeks to give judges the power to set conditions in the recognizance to ensure good conduct. For example, the judge can require the accused to attend a psychosocial treatment program; move to a region other than the area where the informant lives; refrain from going to a specified place; and abstain from communicating directly or indirectly with a child, the informant or the child of the informant, or any relative or close friend of the informant. The bill also seeks to enable the judge to prohibit the accused from using social media and from using drugs, alcohol or other intoxicating substances. The judge can also require the accused to provide a sample to ensure that they are meeting that condition. Finally, the bill seeks to enable the informant to provide submissions in writing to help the judge determine the conditions in the recognizance.
Bill S‑205 has three main components: the obligation to consult the victim before making a conditional release order; the addition of the concept of domestic violence, allowing a victim to apply to have the accused enter into a recognizance to keep the peace, under sections 810 and following of the Criminal Code; and the preponderance of the victim's submissions, which can influence the choice of the conditions included in the recognizance issued to the accused.
Bill S‑205 therefore expands the scope of section 810 of the Criminal Code to allow the court to impose a good behaviour recognizance if the victim fears that the accused might cause personal injury or property damage to them, their child or their intimate partner. Relatives and close friends have been added to the list of potential targets.
Let us not forget that release, with or without conditions, allows an accused person to be released into the community while awaiting trial. In Quebec and Canada, criminal law and penal law have a duty to punish crimes and protect the public. With femicide and domestic violence on the rise, it is important to strengthen mechanisms to protect victims, their children and their loved ones. Modernizing the Criminal Code is an essential part of that, and that is exactly what Bill S-205 does.
More specifically, the Criminal Code sets out the conditions under which it would be justified to detain an accused person pending trial. The decision to detain a person awaiting trial depends on a number of factors specific to each situation. When it is in the public interest to detain an accused person, it is important to remember that the accused is deprived of the exercise of fundamental rights. These include the presumption of innocence and the right to life, liberty and security of the person.
Allowing the victim to be more involved in the court case is a welcome improvement that the Bloc Québécois can support unreservedly. Victims should not have to fight for justice to be served. The bill will help reduce the obstacles that victims might encounter and that might dissuade them from taking the brave step of filing a complaint against their attacker.
The Bloc Québécois will always stand up for women and victims of domestic violence. One victim is one too many. Quebec is one of the most progressive nations when it comes to protecting victims of intimate partner and domestic violence. In fact, Quebec's department of public safety launched a Quebec-wide electronic monitoring device pilot project. In December 2022, more than 650 offenders on parole were fitted with such a device. Let us not forget that these are people being prosecuted for offences for which they could be sentenced to incarceration in a Quebec prison.
Those who end up in federally run prisons, and therefore who have longer and harsher sentences, are not subject to the same conditions. It is time to settle this discrepancy and make offenders subject to the same restrictions.
If the bill passes, these legislative changes will represent an added value for the victims, including female victims of domestic or sexual violence. The justice system has to be more effective and transparent, not just to facilitate the legal process and ease the long-term effects on victims or their family, especially when a decision is made about releasing the assailant, but also to strengthen public trust in the justice system so that no other victim of a crime will hesitate to report it to the police.
Statistics show that there has been a spike in femicide and domestic violence. Between 2009 and 2019, there was an increase of 7.5%. The idea is to bring these numbers down. They are currently on the rise. As parliamentarians, we have a responsibility to help reverse this troubling trend. The reality on the ground highlights the gaps, including the status quo in the justice system: Many victims continue to fear their assailant, even while that person is being detained.
We can only welcome an initiative that aims to improve the victim's experience of the justice system throughout the entire process, from the moment he or she decides to file a complaint.
Bill S-205 may contain loopholes that could jeopardize certain fundamental rights, such as the obligation to provide biological samples to prove compliance with a recognizance to be of good behaviour. This all must be studied in committee.
However, as I have said and will say again, as my colleague will say later, and as my colleague from Rivière-du-Nord put it so well—better than I can—the Bloc Québécois unequivocally supports the principle of the bill. This is a laudable principle that aims to make our communities safer, which is a win-win situation for all Quebeckers. A sense of security within a community strengthens a nation's well-being. Finally, in committee, as I said and as we will say again, the Bloc Québécois will work constructively to improve this bill.
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Mr. Speaker, I thank the member for Vancouver Centre for her bill.
Bill C‑295 seeks to amend the Criminal Code to create an offence for long-term care facilities, their owners and their managers to fail to provide necessaries of life to residents of the facilities.
Furthermore, it would allow the court to make an order prohibiting the owners and the managers of such facilities from being, through employment or volunteering, in charge of or in a position of trust or authority towards vulnerable adults. It would also allow the court to consider as an aggravating factor for the purpose of sentencing the fact that an organization failed to perform the legal duty that it owed to a vulnerable adult.
According to the logic in this bill, filling the Criminal Code with offenses is a way to help people. We will need to take the time to study this in committee.
In practical terms, this is what the bill would do.
Sections 214 through 320.101 of the Criminal Code constitute part VIII, which deals with offences against the person and reputation. First, Bill C‑295 would add two definitions to section 214 of the Criminal Code, namely, “long-term care facility” and “manager”, for the purpose of establishing the following criminal offences.
Section 215 pertains to duties tending to preservation of life. The following would be added after paragraph 215(1)(b): “(b.1) as an owner or manager of a long-term care facility, to provide necessaries of life to residents of the facility; and”.
Paragraph 215(2)(b) of the act would be replaced by the following: “(b) with respect to a duty imposed by paragraph (1)(b.1) or (c), the failure to perform the duty endangers the life of the person to whom the duty is owed or causes or is likely to cause the health of that person to be injured permanently.”
Subsection 215.1(1), pertaining to prohibition orders, would be added. This subsection would enable the court to issue a prohibition order against any person convicted under paragraph 215(2)(b). The order would prohibit the individual from “continuing any employment, or becoming or being a volunteer in any capacity, that involves being in charge of or in a position of trust or authority towards an adult who is vulnerable by reason of age, illness, mental disorder, disability or frailty.” The court would decide the duration of the prohibition order and the sentence. There is no maximum or minimum.
The order can be varied by a court on application of the prosecutor or the offender if the circumstances change.
Whoever fails to comply with the order could be subject to “an indictable offence and...imprisonment for a term not exceeding two years” or to “an offence punishable on summary conviction.”
Finally, the bill introduces sentencing factors for organizations. The act is amended by adding the following after paragraph 718.21(a): “(a.1) whether the organization was under a legal duty that was owed to vulnerable adults and failed to perform that duty”.
The Bloc Québécois believes that it is relevant to determine whether including criminal negligence of seniors in long-term accommodation in the Criminal Code will help them get the care and services to which they are entitled. Seniors have obviously been the biggest victims of the COVID‑19 pandemic. They were overrepresented in the number of deaths and they suffered and continue to suffer the most from the aftershocks of the virus: isolation, anxiety and financial difficulties.
It should be noted that Quebec has legislation on elder abuse and the abuse of any vulnerable adult. This legislation provides for fines and protects informants who report mistreatment.
The Bloc Québécois believes that the federal government is exercising its prerogatives through this bill. It would give investigators additional tools. The Bloc Québécois will take the time to study the issue in committee to assess the pertinence of the bill.
However, beyond prosecuting managers who may have committed or may commit criminal acts, it is important that our seniors receive services that improve their quality of life. In that regard, the Bloc Québécois wants to underscore the other important role the federal government must play in health care, that is, to increase health transfers to 35% of the costs of the system, rather than sign the bargain-basement deal that has just been reached.
Finally, the Bloc Québécois would like to point out that these horror stories are not to be used as a pretext for the federal government to impose national standards on long-term care facilities. I would remind the House that the Quebec National Assembly has unanimously denounced the idea of imposing federal standards on long-term care facilities and is demanding a much more substantial increase in health transfers than what is provided for in the deal this government has managed to force down the throats of the provinces.
On December 2, 2020, the minister responsible for seniors and informal caregivers moved the following motion:
THAT the National Assembly reject the Government of Canada's desire to impose Canadian standards in Québec CHSLDs and long-term care facilities for the elderly, as this falls under exclusive Québec jurisdiction;
That it express its disappointment that the federal government did not include an increase in health transfer payments in its last economic update, while the provinces must cover significant health spending costs in the context of the COVID‑19 pandemic;
That it call on the federal government to commit to not imposing Canadian standards in Québec CHSLDs and long-term care facilities for the elderly and to increasing health transfer payments to an amount equal to 35% of healthcare network costs.
I think it is worth revisiting this motion. The Bloc Québécois supports the unanimous position of the National Assembly and condemns the centralizing vision that pervades the House.
I also want to remind the House that Quebec has already come up with solutions. In her report of November 23, 2021, the Quebec ombudsman identifies shortcomings and recommends measures that the Government of Quebec needs to take to ensure that this never happens again. For example, the report suggests a risk assessment and management policy, a detailed plan for strengthening long-term care homes' capacity, a personal protective equipment supply strategy, a Quebec plan for deploying emergency personnel, protocols for deploying extra staff under exceptional circumstances, a Quebec strategy for combatting labour shortages, updated computer systems, a national action plan developed by the Quebec department of health and social services to recognize the complexity of care and service provision in long-term care homes, the adoption of legislative measures that define the guiding principles that must be followed regarding living environment quality and organization, and the establishment of the procedure for applying them by regulatory means.
Quebec already has ideas for fixing this situation. The federal government knows nothing about the reality on the ground or about these specific hospital settings, so it is not likely to be able to improve things.
In response to this report, the Government of Quebec presented its plan for reforming the health care system. The plan includes an array of measures such as large-scale recruitment, better access to data, the construction of new hospitals, and increased accountability for executives.
Additionally, the coroner is still investigating, and some people are calling for a public inquiry into the situation at long-term care facilities. In any case, it is up to Quebeckers to take stock of the situation and to fix their system. The problems are not going to be fixed by the federal government blundering in with its standards, unwanted and unwelcome.
If the federal government truly wants to help the provinces and Quebec emerge from the pandemic and provide better care to our seniors, it should stop being so paternalistic. I hope that this know-it-all government has understood that. It should forget about imposing federal nationwide standards that are not a good fit for a range of different social and institutional contexts. It should actually increase health transfers, which would enable Quebec and the provinces to attract and retain more health care workers.
Unfortunately, the Liberals are pleased as punch to have shortchanged the provinces by offering them six times less than they said was needed to get the health care system working properly. These Liberals are puffed up with pride at the cheap deal they scored, but the problems and hardships in hospitals and long-term care homes will continue because of the government's negligence.
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