Hon. Salma Ataullahjan: Honourable senators, I rise to speak in oposition to the government’s motion to introduce the time allocation on Bill C-21.

The more one looks at the actual provisions of Bill C-21, the more one realizes how many issues have been given short shrift in the Senate’s review of this legislation.

One major issue that has been ignored is the total inadequacy of the current bill when it comes to the spike in violent crime — in particular, gun crime — that is plaguing some of our most vulnerable communities.

As a Toronto senator, I have seen the horrendous rise in gun violence. I have been asked repeatedly by community members who worry about their friends and family, what is being done to protect their loved ones.

In fact, I was at a community event this weekend, and the one thing everyone was talking about was how unsafe they are feeling in their homes. They were asking, “What are we going to do?” and “What is the government prepared to do?”

We have already had some idea about how the government’s ill-considered measures in Bill C-5 and Bill C-75 have ensured a spike in violent crime in urban Canada.

We know, for example, that under Bill C-5, the government repealed several mandatory sentences for gun crime, including using a firearm or imitation firearm in the commission of an offence; possession of a firearm or weapon knowing its possession is unauthorized; possession of a prohibited or restricted firearm with ammunition; possession of a weapon obtained by commission of offence; discharging a firearm with intent; robbery with a firearm; and extortion with a firearm.

The government argued that none of these specific measures related to bail would “. . . ensure that release at the earliest opportunity is favoured over detention . . . .”

The impact of that has been nothing short of devastating.

In British Columbia, one study examined 425 bail hearings involving a suspect accused of a violent crime and with a breach of bail conditions on their file. Of those 425 hearings, the Crown sought detention orders in only 222 cases or 52% of the time. That meant that in nearly 50% of the cases, violent criminals with bail breaches on their files were back on the streets.

My province of Ontario has experienced a 57% increase in serious violence and weapons cases before the courts between 2018 and 2021.

There is no question in my mind that our courts are already overburdened, and some cases are often years behind in being heard. For example, the Toronto Police Service reports that in the last two years, 17% of those charged in Toronto with shooting-related homicides were already out on bail at the time of the alleged fatal shooting.

Therefore, every decision we take in this chamber matters. It will have a ripple effect throughout the country and impact the communities we live in.

When we pass legislation that is ill-considered, it is Canadian communities and often the most vulnerable in those communities who suffer the most. Now the government is intent on doing that once again by cutting off debate on Bill C-21.

However, I believe the fact that the Standing Senate Committee on National Security, Defence and Veterans Affairs dedicated 12 meetings to this bill is indicative that we too must be diligent in our debates. Senators, we are here to debate and listen to each other’s views whether we agree or disagree.

Honourable colleagues, I urge you to reject this motion, if only to ensure that vulnerable communities do not pay the price of a speedy adoption of Bill C-21.

You only have to look at cities like Mississauga and Brampton, where people are feeling unsafe in their homes, where we’re having home invasions, and guns are used. People are being pistol-whipped. The fear is real. I worry when my own daughters go out in Toronto. I worry about what they will be facing because there are so many shootings. Young people go to clubs; we can’t stop them. I am up the whole night until they get home. For some of us, especially parents in Mississauga and Brampton who have spoken to me, this fear is real. Thank you.

Senator Ataullahjan: I do. Senator Gold, biases exist. I think back to the day when my mother-in-law, who happened to be one of the first female doctors of the Indian subcontinent, came to visit and, because she was in traditional clothes, one of the guards said, “Oh, dear. I wonder if she can speak English,” to which she retorted, “And how!”

An American Civil Liberties Union report showed that 96% of individuals apprehended by American border guards were identified as being of a racialized background. Three customs and border protection officials filed a lawsuit against the agency alleging they were required to profile racialized persons. As The Washington Post stated, “Driving while Brown or Black is a key reason for being stopped by the Border Patrol. . . .”

Why is our government extending greater search authorities to an organization already known to indiscriminately target racialized persons? That is my last question to you, Senator Gold.