- Member of Parliament
- Member of Parliament
- Bloc Québécois
- Shefford
- Quebec
- Voting Attendance: 66%
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Madam Speaker, I rise today on behalf of the Bloc Québécois to speak to Bill C‑325. I would like to say from the outset that we will be voting in favour of the bill so that it can be studied in committee. I am confident that my colleague from Rivière-du-Nord will make a constructive contribution. I will begin my speech with a summary of the bill. I will then go over Quebec's requests. Lastly, I will briefly go over some highly publicized cases, such as the one involving Marylène Levesque.
First, the bill would create a new offence for the breach of conditions of conditional release for certain serious offences with a maximum sentence of two years, or at least in relation to a summary conviction. It would require the reporting of the breach of conditions to the authorities, and it would amend the Criminal Code to preclude persons convicted of certain offences from serving their sentence in the community.
The reality is that judges have the discretion to impose a community-based sentence, but are not obligated to do so. Judges must weigh a series of factors before handing down a sentence. Crown prosecutors could also agree with the defence on a community-based sentence if they felt that the circumstances warranted it.
The bill is short. It contains only three clauses and amends two acts, namely the Criminal Code and the Corrections and Conditional Release Act.
Clause 1 of Bill C‑325 adds a subsection to section 145 of the Criminal Code. It adds a criminal offence after subsection 5 for the breach of conditions of conditional release; for the breach of a condition of parole; and for breach of a condition of a release on reconnaissance. As mentioned in Bill C‑325, schedules I and II of the Corrections and Conditional Release Act include a wide range of offences, from child pornography to attempted murder. The intention is to tighten up the legislation for breaches of conditions of parole or statutory release, which is the almost automatic release after completion of two-thirds of a sentence. However, there is no evidence that Bill C‑325 is necessary, since the Parole Board of Canada, or PBC, already has the power to revoke parole. For example, a sexual predator in Montreal recently had his parole revoked by the PBC for breach of his conditions.
Subclause 2(1) of Bill C‑325 replaces paragraph 742.1(c) of the Criminal Code, which specifies that a sentence may be served at home for certain offences, to simply disqualify a sentence from being served in the community for any offence that carries a maximum sentence of 14 years or more. The current paragraph 742.1(c) of the Criminal Code states that a community-based sentence cannot be handed down for the following offences: attempt to commit murder, torture, or advocating genocide. Bill C‑325 is therefore much broader than paragraph 742.1(c), since many offences now carry a maximum sentence of 14 years, such as altering a firearm magazine once Bill C‑21 receives royal assent.
Subclause 2(2) adds two new paragraphs after paragraph 742.1(d) to specify that a conditional sentence, that is, a sentence to be served in the community, cannot be imposed for an offence that resulted in bodily harm, that involved drug trafficking, or that involved the use of a weapon. In addition, a community-based sentence cannot be imposed for the following offences: prison breach, criminal harassment, sexual assault, kidnapping, trafficking, abduction of a person under the age of 14, motor vehicle theft, theft over $5,000, breaking and entering, being unlawfully in a dwelling-house, and arson for a fraudulent purpose. That is a pretty broad list, and we will have to see in committee whether certain offences need to be added or removed.
Clause 3 amends the Corrections and Conditional Release Act. It states that, if a parole supervisor discovers that an offender on conditional release has breached their parole conditions, they must inform the Parole Board, the Attorney General and the police force with jurisdiction where the breach occurred of the breach and the circumstances surrounding the breach.
It is important to note that, contrary to what the Conservatives suggest, judges have discretionary power to give individuals community-based sentences. It is not automatic, and judges must factor in the risk of reoffending and the consequences of a sentence served at home.
Second, the Bloc Québécois intends to introduce a bill that addresses problems with Bill C‑5. The member for Rivière-du-Nord talked about the upcoming introduction of a bill to close some of the gaps in Bill C‑5. According to my colleague, conditional sentences should be not be allowed for most sexual assault cases and gun crimes, and he will be introducing a bill in the coming weeks to reinstate minimum sentences for those crimes. While Bill C‑5 was up for debate, the National Assembly unanimously passed a motion condemning its controversial provisions. My colleague's bill is based on that motion.
The motion accused Ottawa of setting back the fight against sexual assault. The member for Rivière‑du‑Nord had already moved an amendment to the bill that would have retained minimum sentences while giving judges discretion to depart from them in exceptional cases, with justification. This amendment was defeated, but the Bloc Québécois ended up voting for Bill C‑5 anyway, since it also provided for diversion for simple drug possession offences. As justice critic, the member for Rivière-du-Nord intends to call for the government to go back to the drawing board and come up with a new bill that, in his opinion, could satisfy both the Liberals and the Conservatives. I know that he has spoken about this a few times.
Third, I will talk about a few cases to provide some food for thought in this debate. A man who assaulted a sleeping woman benefited from the leniency of a judge who sentenced him to serve his sentence in the community, even though he himself was prepared to go to jail.
On Monday, a Crown prosecutor expressed outrage that, after eight years of legal proceedings, a sex offender was let off with a 20-month sentence to be served in the community. In his words, the federal Liberals “have a lot to answer for to victims”. Since the passage of Bill C‑5 in June, it is once again possible to impose a conditional sentence, or a sentence to be served in the community, for the crime of sexual assault, which had not been allowed since 2007. The Crown prosecutor blames Parliament for passing Bill C‑5, which reintroduced conditional sentences.
The other highly publicized case is that of Marylène Levesque. Coroner Stéphanie Gamache determined that an electronic bracelet with geolocation could have prevented Ms. Levesque's murder in January 2020 in a Quebec City hotel room. The coroner recommended that all offenders convicted of homicide tied to domestic violence should be required to wear the device upon release as part of their correctional plan. As a result of pressure from Quebec, the matter has now made its way to Ottawa. I even had an opportunity to study the bill on the device at the Standing Committee on the Status of Women following pressure from Quebec. It was a recommendation in the report entitled “Rebâtir la confiance”, on rebuilding trust in the justice system. Some progress has been made on advancing the issue in Ottawa through the work of the Standing Committee on the Status of Women.
Following Marylène Levesque's murder, Correctional Service Canada and the Parole Board of Canada reviewed their practices and adopted a series of measures to ensure better monitoring of offenders. However, the coroner ruled that this is not enough. It is not just a question of electronic bracelets, either. According to the coroner, the correctional plan of the murderer, Eustachio Gallese, should also be reviewed in order to identify what elements may have led to his lack of accountability.
This could help prevent another similar tragedy. In her report, coroner Gamache wrote that the comprehensive correctional intervention plan prepared for this offender was a resounding failure. Marylène Levesque's murder occurred less than a year after he was granted parole. At the time, Eustachio Gallese was on day parole for the 2004 murder of his ex-wife. His parole officer had given him permission to visit erotic massage parlours once a month, but in reality, according to the police investigation, he was going up to three times a week. In short, an electronic bracelet with geolocation would at least have made it possible to detect these lies and subterfuges and to take action before it was too late. That is what the coroner argued. This bracelet allows for better monitoring, but that is not all.
In conclusion, for all these reasons, this bill must be referred to committee. We need to go back to the drawing board and rise above partisanship. The Bloc Québécois intends to make a constructive contribution to this debate.
We have made a lot of progress in Quebec, and we have done a lot of thinking. I hope to have the opportunity to come back to this, but on Thursday evening, I celebrated the 50th anniversary of the community organization Joins-toi, which works to help people who have committed crimes re-enter society. Working to reintegrate people and offering them alternatives to the criminal lifestyle is an intrinsic value that we cherish in Quebec. At the event, we heard about all the progress that has been made thanks to the community and to dedicated stakeholders who believe in restorative justice. This is a model that Quebec has done a lot to develop. I would like to pay tribute to the entire Maison Joins-toi team. I hope that I will have another opportunity to commend its members and highlight their work, as I was able to do on Thursday on the occasion of this milestone anniversary.
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Mr. Speaker, I want to ask my colleague about an interesting aspect of the bill that warrants further study. It is also a request from women's groups who have been thinking about a specific issue.
The bill reads in part:
expand the reverse onus provision for offences involving intimate partner violence to ensure that it applies to an accused person who has been previously discharged for such an offence;
This has been debated a lot in Quebec. There was a report entitled “Rebâtir la confiance” about rebuilding trust in the justice system.
Given this mention of intimate partner violence, would this bill not be a good way to send victims of domestic violence a message that we care about the issues they are facing? Would that not be an important first step?
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Mr. Speaker, I will begin by saying I will be sharing my time with the always incisive member for Rivière-du-Nord.
Some debates are complex, difficult and delicate. They elicit strong reactions, and even divide us and help create rifts in our society. The debate on Bill C-21 is a striking example.
I remember that this is the first file I commented on publicly after I was elected for the first time in fall 2019, and here we are at the end of the session in my second term, in June 2022, and we are still talking about it.
I would like to point out that the Bloc Québécois will still be voting in favour of Bill C-21 at second reading, but we believe that the bill should be improved in committee. My colleagues can rest assured that the Bloc will try to be as constructive as possible, but our now-famous dynamic duo, namely the hon. member for Rivière-du-Nord and the hon. member for Avignon—La Mitis—Matane—Matapédia, could explain it better than I can, since they have asked the Minister of Public Safety many questions on the issue. I will begin my speech by addressing certain aspects of Bill C-21, then certain points more specifically related to femicide and, lastly, other points focusing on domestic violence.
First, given the numerous events in the news in Montreal lately, Bill C-21 is a step in the right direction, but it will have little effect in the short term and change practically nothing in the streets of Montreal. The most important new feature in this bill is a complete freeze on the acquisition, sale and transfer of handguns for private individuals. Legal handguns will therefore disappear on the death of the last owner, since it will be impossible to bequeath or transfer the guns to others.
However, the bill includes exceptions for people who need a handgun to perform their duties, such as bodyguards with a licence to carry, authorized companies, for filming purposes for example, and high-level sport shooters. The government will define by regulation what is a “sport shooter”.
Those who already own a handgun will still be able to use it legally, but they will have to make sure to always renew their licence before the deadline or lose this privilege. The bill freezes the acquisition of legal handguns, but we will have to wait many years before all of the guns are gone, through attrition. In contrast, the number of illegal guns will continue to grow.
The federal government estimates that there are more than one million legal handguns in Canada and that more than 55,000 are acquired legally every year. The federal freeze would therefore prevent 55,000 handguns from being added to the existing number, but it does nothing about the millions of guns already in circulation. The Bloc Québécois suggests adding handguns to the buyback program in order to allow owners to sell them to the government if they so wish. In short, we are proposing an optional buyback program.
However, one of the problems is that, according to Montreal's police force, the SPVM, 95% of the handguns used to commit violent crimes are purchased on the black market. Legal guns are sometimes used, as in the case of the Quebec City mosque shooting, and it is precisely to avoid such mass shootings that the Bloc Québécois supports survivor groups in their demands to ban these guns altogether.
Bill C‑21 does nothing about assault weapons either, even though manufacturers are custom designing many new models to get around the May 1, 2020, regulations. The Bloc suggests adding as clear a definition as possible of the term “prohibited assault weapon”, so that they can all be banned in one fell swoop, rather than on a model-by-model basis with taxpayers paying for them to be bought back. The government wants to add to the list of prohibited weapons, but manufacturers are quick to adapt.
Also, Bill C‑21 will have no real impact on organized crime groups, which will continue to import weapons illegally and shoot people down in our streets. The Bloc Québécois has tabled Bill C-279 to create a list of criminal organizations, similar to the list of terrorist entities, in order to crack down on criminal groups that are currently displaying their gang symbols with total impunity while innocent people are dying in our streets. My colleague from Rivière-du-Nord will discuss this bill in more detail, since he is the sponsor.
The most important thing for getting to the heart of the problem is reducing the number of guns available. Bill C‑21 increases prison sentences for arms traffickers, from 10 years to 14, and makes it an offence to alter cartridge magazines. It was already illegal to possess cartridge magazines that exceed the lawful capacity, but the government is now making altering cartridge magazines a crime.
Second, as the Bloc Québécois critic for status of women, I am regularly asked about this type of bill. What is interesting in this case is that Bill C‑21 incorporates the red- and yellow-flag system from the former Bill C-21. With the red-flag provisions, the Criminal Code will allow any individual to ask a judge to issue an order to immediately confiscate firearms belonging to a person who could be a danger to themselves or others, and even to confiscate weapons belonging to a person who might make them available to a person who poses a risk. The order would be valid for 30 days, and judges could take measures to protect the identity of the complainant.
The yellow-flag provisions would allow chief firearms officers to temporarily suspend a person's firearms licence if they have information that casts doubt on the person's eligibility for the licence. This suspension would prevent the person from acquiring new firearms, but it would not allow for the firearms they currently own to be seized. However, the person would not be allowed to use those firearms, for example at a firing range.
A new measure in this version of Bill C-21 is the immediate revocation of the firearms licence of any individual who becomes subject to a protection order or who has engaged in an act of domestic violence or stalking. This measure has been lauded by many anti-femicide groups, like PolyRemembers. There are several such groups, far too many, in fact.
This includes restraining orders and peace bonds, but also, and this is interesting, orders concerning domestic violence and stalking, including physical, emotional, financial, sexual and any other form of violence or stalking. A person who was subject to a protection order in the past would automatically be ineligible for a firearms licence.
However, there is another problem in relation to gun smuggling. The bill contains only a few measures and, I will say it again, it does not mention a buyback program for assault weapons or even the addition of a prohibited assault weapons category to the Criminal Code, two things that are absolutely necessary.
It is important to point out that 10- and 12-gauge hunting rifles are not affected by the ban. The gun lobby tried to sow doubt with a creative definition of a rifle's bore, which is now limited to under 20 millimetres. The bill therefore does not affect hunters. I know that many hunting groups are concerned about the new measures, but we need to reassure them that assault weapons are not designed for the type of hunting they do.
Getting back to assault weapons, the government as already planning to establish a buyback program through a bill in order to compensate owners of newly prohibited weapons, but it did not do so in the last legislature. If the government persists in classifying guns on a case-by-case basis, the number of models of assault weapons on the market will continue to rise. That is why the Bloc Québécois suggests adding a definition of “prohibited assault weapon” to the Criminal Code so that we can ban them all at once.
The Liberals keep repeating that they have banned assault weapons when there is nothing preventing an individual from buying an assault weapon right now or going on a killing spree if they already have one, since a number of models remain legal. Having already come out against this in Bill C‑ 5, the Liberals are also sending mixed messages in removing mandatory minimum sentences for certain gun crimes.
Third, I know that this bill will not stop all cases of femicide, but it is significant as part of a continuum of measures to address violence. There is still much work to be done, for example in areas such as electronic bracelets and health transfers, to provide support to groups that work with victims and survivors.
On Friday, the Standing Committee on the Status of Women tabled its report on intimate partner and family violence in Canada, and that is essentially the message I wanted to convey in my supplementary report. I hope it will be taken seriously. We will also need to work on changing mindsets that trivialize violence and try to counter hate speech, particularly online.
To talk a little bit about the bill, it relates to cases of violence, and we mentioned electronic monitoring devices. The bill would provide for two criminal offences that would qualify for electronic monitoring, including the authorized possession of a prohibited or restricted firearm or ammunition. That is a good thing. Something worthwhile came out of the work that we did at the Standing Committee on the Status of Women.
In closing, we are not the only ones who are saying that this bill does not go far enough or that it needs more work. The mayor of Montreal herself said that this bill does not go far enough. She said, and I quote:
This is an important and decisive measure that sends the message that we need to get the gun situation under control. The SPVM is making every effort to prevent gun crime in Montreal, but it is going to be very difficult for police forces across the country to do that as long as guns can continue circulating and can easily be obtained and resold.
There is still work to be done, and we must do it. We owe it to the victims. Enough with the partisanship. Let us work together constructively to move forward on this important issue. We cannot stand idly by while gunshots are being fired in our cities, on our streets and in front of schools and day cares. Let us take action to put an end to gun culture.
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- Jun/9/22 8:13:05 p.m.
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- Re: Bill C-5
Madam Speaker, I thank my colleague for his speech. As my colleague already said, the issue is with when this bill was introduced. There is an increase in gun crimes. Yesterday we learned that 173 women and girls were killed in Canada in 2021 alone. That is a lot.
People are conflating Bill C‑21, which has to do with firearms, with this one. They are conflating serious gun crimes with simple drug possession. They are conflating everything and making questionable associations. There is an important distinction between these two bills and between gun crimes and the simple possession of drugs. This needs to be simplified. The timing of this bill is strange, however.
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