- Member of Parliament
- Member of Parliament
- NDP
- Esquimalt—Saanich—Sooke
- British Columbia
- Voting Attendance: 67%
- Expenses Last Quarter: $148,586.11
- Government Page
Madam Speaker, I thank the member for bringing forward this private member's bill, which directs our attention to some really important problems.
Is the member familiar with the report from the Department of Justice on cyber-bullying and non-consensual distribution of images from just a year ago, which takes quite a different approach from his bill and says we need to rewrite the existing offence so it is easier to prosecute and include measures, which are now in Bill C-63, to allow forfeiture, seizure, restitution and peace bonds in connection with these kinds of things?
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- Sep/20/23 5:44:46 p.m.
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Madam Speaker, there are two parts that I did not talk about, which I think are significant improvements in the sex offender registry. There would be two more offences added to a list for automatic registration.
One of those is sextortion offences where so-called revenge porn is used by an ex against their partner who has left them and they are angry, so they post intimate images without consent. The second is that any posting of intimate images without consent would result in automatic registration as a sex offender.
I think those are two very important steps. They are already in the bill. I just did not have time to mention them in my speech.
There were some changes made to the original text of the bill in the Senate. I think it is important that we look at those closely. I think it is important we hear from My Voice, My Choice once again to make sure this bill meets their objectives.
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- Mar/10/23 12:35:48 p.m.
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Mr. Speaker, I think one of the important aspects of this whole issue is making sure that we, as a society, clearly condemn coercive and controlling behaviour, like the attempt to deprive women of their autonomy and their ability to escape from harmful relationships. The fact that this has not been considered a criminal offence, in many ways, condones that kind of behaviour.
I look forward to the day when we make that very clear statement, as a Parliament, that this is unacceptable behaviour and we can provide support to those survivors.
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- Mar/10/23 12:27:11 p.m.
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Mr. Speaker, I think what we are trying to get across as a justice committee and as members of Parliament is that there is a failure to recognize that coercive and controlling behaviour is, in and of itself, a form of violence.
As I said in my brief remarks, this is really not about creating a new criminal offence. It is about moving that goalpost to where people can get assistance when they are in problematic relationships instead of making them wait until there is physical harm before social service agencies, law enforcement or whoever else can step in to assist them in escaping coercive and controlling behaviour.
I think that this is where we are starting, by recognizing this as a form of violence and doing so explicitly in the Criminal Code of Canada.
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- Feb/2/23 12:00:18 p.m.
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Mr. Speaker, I think it is a concern that we sometimes do not pay enough attention to. A large number of Canadians who are never found guilty of anything have ended up spending a long period of time in detention before they were found not guilty of those offences. In particular, this falls heavily on indigenous people, racialized Canadians and Canadians who have low incomes. Unfortunately, it also falls heavily on new Canadians and on immigrants and refugees.
The first solution to that, of course, is to have adequate funding for the justice system, so that we do not have such large delays before cases get dealt with in court. That is probably the easiest thing we could actually do. For a long time the appointment of judges was slow. The Liberal government took a long time to get going on this, but it has now been filling those vacancies more regularly. This will help cut those delays before people reach trial.
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- Dec/9/22 11:28:41 a.m.
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Madam Speaker, every single month we lose a member of the Canadian Forces to death by suicide. Clearly, more needs to be done to prevent these tragic losses for the forces and for the families. One of the barriers to serving members getting the mental health supports they need is the fact that self-harm remains a disciplinary offence under the military code of conduct. For more than six years, the families have been asking this government to act.
Will the Minister of National Defence support my proposal to remove self-harm as a disciplinary offence so that serving members can get the mental health supports they need and deserve?
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Mr. Speaker, I am really pleased to rise to speak on Bill C-5 today.
Sometimes the debate strays away from what is actually in the bill and goes into a lot of other things. I would just like to remind everybody what the bill is doing.
It is attempting to attack systemic racism in our criminal justice system by eliminating 20 mandatory minimum penalties, all of those in the Controlled Drugs and Substances Act and a few relating to firearms and tobacco offences. It also expands access to conditional sentences through things like house arrest and serving time on weekends, which is important in rehabilitating people who, for whatever reason, became involved with the criminal justice system. The third thing it does is provide more discretion for police to provide warnings and diversion instead of charging people, who then end up in jail. All of these three things are key steps in reducing the impact of systemic racism.
In our corrections system, nearly 35% of those who are imprisoned are indigenous, but indigenous people make up less than 5% of our population. We know that about 7.5% of those in prison are Black Canadians, but they only represent 3.5% of the population. Something is clearly going on here in a systematic manner that produces these much worse outcomes for racialized and indigenous people.
Who is in favour of this bill? This is something nobody else has really been talking about here. I know why some people do not raise this point. Most important to me is that the Canadian Association of Chiefs of Police is in favour of this legislation, because they know that mandatory minimums do nothing to make communities safer.
Two other organizations I want to mention that are very much in favour are the John Howard Society and the Elizabeth Fry Society. These are two very valuable non-profits that work with those who have served time to help re-integrate them back into the community. They gave very powerful testimony at committee about the impacts of mandatory minimums.
Who is opposed to them? The Conservatives and the Bloc are clearly opposed to this bill that would reduce mandatory minimums. They often fly off into what I would call a fantasy world, where the idea is that if we take away mandatory minimums, somehow people would not get prison sentences and somehow serious criminals would not end up in jail. That is not what would happen with mandatory minimums or their removal. Judges would still assign serious time for serious crime. That is not what we are talking about here.
The fact is that mandatory minimums—and most of those that would be removed are of less than two years—would result in people going into provincial corrections systems, which have very limited rehabilitation programs. It also means, when we take into time served for good behaviour and other facets of our criminal justice system, that people would serve only a few months. Even if there was an addiction treatment program, even if there was a skills training program, the time is too short for those to be successful.
However, the time is not too short to make sure that people lose their housing. The time is not too short to make sure that people lose their job. The time is not too short to make sure that people's families are put at risk. Often the people who go under mandatory minimums are the sole providers for their families, so their kids are at risk of apprehension while they are in prison. All of this contributes to huge social problems that are not necessary.
If we do not have a mandatory minimum, we could use conditional sentences. Someone could stay in their own home, maintain their job, serve their time on weekends, and actually become a productive member of society again, rather than having their whole life turned upside down, which would put them on a path that only leads to further addiction and further crime.
We know that is the record of mandatory minimums. The academic studies all show the same thing: Mandatory minimums, if they do anything at all, actually make recidivism worse, because people have fewer options as a result of serving those mandatory minimums. The evidence is quite clear: They do not work.
Should the government have done more? Yes; as a New Democrat, I agree it should have done more. The government should have done more earlier today when it had the chance to vote on our bill, Bill C-216, which would have decriminalized personal possession of drugs. That would have helped to address systemic racism, because we know that Black Canadians and indigenous Canadians are overcharged and charged at much higher rates for personal possession of drugs when their rates of drug use are not in fact higher. It would have helped tackle that.
I do not think it is enough to say that we are going to reduce mandatory minimums; the government should have voted for Bill C-216. We should have made better progress.
I am happy to see the government grant an exemption to British Columbia under the Controlled Drugs and Substances Act and I think it will lead to great success in tackling the opioid crisis, but I just do not understand why the government was not prepared to do that for the more than 70% of Canadians who live outside of British Columbia. I was glad to hear the Prime Minister say, in answer to a question, that the Liberals are prepared to consider other exemptions, and certainly New Democrats will be asking them to step up when that time comes.
What was in Bill C-5, as I said, was modest, and so I wish the Liberals had done more on Bill C-216, but I also wish they had done more on the bill, and that is why I proposed two amendments at committee, which I thank the government for accepting.
The first of those, to me, is the most important. It is an amendment that says not only do mandatory minimums cause problems in racial injustice, but the resulting criminal records make things much worse.
There are 250,000 Canadians who have a record for personal possession of drugs. What does this mean? It means that sometimes this record affects someone's hiring. Very often it affects their housing, whether it is social housing, which does not allow people with criminal records, or whether it is landlords who refuse to rent to them. It prevents people from getting bank loans and mortgages. It forces them into the hands of what I call loan sharks, otherwise called payday lenders. It prevents people from travelling.
However, the one I have heard the most in my community is that a criminal record prevents someone from volunteering with kids or seniors, even though it may have been a personal possession charge from 20 years ago and has nothing to do with the way the person has turned their life around. In fact, some of those people might be the perfect people to volunteer with youth and show them a positive way forward.
I thank the government for agreeing. What we agreed on is what it calls a sequestration of records, meaning they will be held separate and apart and will not show up in criminal records. Within two years, we will be wiping out the records of 250,000 people, and I think that is enormously important for rehabilitation and building safer communities.
The second amendment I moved had to do with the expanded discretion for police. Here, New Democrats had a worry that was shared by many in the community, because discretion by the police is often subject to that very same systemic racism. The bill originally did not require record-keeping at all for the use of discretion; my amendment suggests that the police have to keep records on who they grant diversion to and who they warn. Then we will be able to see if this discretion happens just to privileged white folks or is being used fairly among all Canadians.
The second part of that amendment says we will keep records, but those records cannot be used in future proceedings against individuals. Why say that? It may seem counterintuitive. If it is really a warning, then it is a warning, not a conviction, and so it should not be used in future criminal processes. It will make warnings much more powerful for people who get them and diversions much more powerful for people who get them.
If someone successfully stays out of trouble with a warning or they successfully complete drug and alcohol counselling as part of their diversion, then this will never come back to haunt them again. It will encourage success in those programs. I thank the government for supporting those two measures. I fail to understand why the Conservatives and Bloc oppose those two amendments, but I also fail to understand why they are opposing this bill altogether.
I know time is running short, but I want to go back to what I think is most important here.
I have to say that I know people like to put forward their records as prosecutors and as police when they are talking about these things. I taught criminal justice for 20 years and I worked very closely with the John Howard Society and the Elizabeth Fry Society on the question of rehabilitation of people, and we know what works.
We know that when people can stay with their family and when people can have a job and maintain their employment, all of those things push them out of the criminal lifestyle and into the community. This is an important initiative in making all communities safer.
Despite people saying that the bill removes mandatory minimums on serious crimes, I say no, the judges will still give out serious time for serious crime. What it does is take away the injustice of those mandatory minimums falling most heavily on indigenous people and racialized Canadians.
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