- Member of Parliament
- Member of Parliament
- NDP
- Esquimalt—Saanich—Sooke
- British Columbia
- Voting Attendance: 67%
- Expenses Last Quarter: $148,586.11
- Government Page
- Nov/30/23 4:59:57 p.m.
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Madam Speaker, I am a bit puzzled by the speech from the Conservative member, because, of course, his party was part of the House of Commons that unanimously supported the bill. His party was the one that called for swift action to deal with repeat violent offenders. Many of the groups the member cited in raising the problem now support the bill. It is a little puzzling to hear the tone of the speech, when I hope the Conservatives are still supporting a bill like this, which has been so broadly supported by the Canadian public, including premiers, police and victims associations.
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- Nov/30/23 4:17:57 p.m.
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Madam Speaker, I too am pleased to see this bill back before the House fairly quickly, with Senate amendments, which I think help improve the bill.
We can make the legislative changes around bail, but there is a concern about public disorder and low-level offenders. We know that one of the reasons people who might be on bail for low-level offences reoffend is that they lack access to mental health programs, adequate income and a lot of the things that would help them overcome the problems that lead them into conflict with their neighbours, friends, family and the legal system.
Will there also be a commitment from the government to provide the funding we need to help support people being a success when they are on bail?
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Madam Speaker, I am pleased to be speaking to Bill S-12 today, as it would address one of the recommendations of the Standing Committee on Justice and Human Rights report entitled “Improving Support for Victims of Crime”, which was tabled in the House in December 2022.
When the justice committee began its study on victims of crime more than a year and a half ago, the member for Victoria brought to my attention the bizarre and unjust situation that survivors of sexual assault face in their current circumstances, which is that survivors regularly suffer from restrictions on their ability to talk about what happened to them and sometimes even suffer penalties for violating court-ordered bans on the publication of information that would identify their own names. It is important to note that these bans are routinely imposed in sexual assault cases across Canada. Anecdotally, we know it approaches 100% of the time. It is also important to note that most of the time, this happens without survivors' being aware that the publication ban is in place.
Bill S-12 would fix that by requiring notification of survivors. There are many reasons a survivor might choose to or inadvertently violate such a ban. Some feel that such publication bans inadvertently protect the perpetrators by the necessity of protecting their identity in circumstances where the publication of the perpetrator's identity would identify the victim. Others feel the idea of publication bans itself is based on an archaic and misogynist idea that sexual assault victims are somehow responsible for what happened to them and should be ashamed.
To be clear, some survivors do want their privacy protected by having publication bans in place, but others believe that public safety requires them to let family, friends and members of the public know of a risk of sexual assault they might face, by identifying the fact they were assaulted and who the perpetrator was.
At this point, I want to express my thanks to the survivors of sexual assault, and in particular those from the group My Voice, My Choice, who risked retraumatization by coming forward to committee and talking in public about their own personal experiences, in order to get the legislative change they need, in the hearings before the justice committee on victims' rights that began in October 22, more than a year ago.
Again, I want to thank the member for Victoria, who brought this situation to my attention and then introduced a private member's bill on the topic in order to try to get the House to act. In addition, I want to thank the member for LaSalle—Émard—Verdun, the former minister of justice, who decided to include measures to restore agency to survivors of sexual assault by including it in Bill S-12.
The government did not choose a path, using a Senate bill, nor did it choose a timetable, at the last minute, that New Democrats might have chosen. This has left us with little time to meet the deadline for passage of Bill S-12 and therefore with little time to consider all of the important amendments suggested by My Voice, My Choice, without endangering the fate of this bill as a whole by causing a to and fro between the House and the Senate. Now, we have a bill that, had it been on a better path and a better timetable, could have been even better in meeting the needs of survivors of sexual assault. However, we still have a bill before us that, I am assured, would make the necessary fundamental changes to restore agency to survivors and to ensure that there would not be prosecutions for violating bans of those whom they were supposed to protect.
Let me turn briefly now to the other half of Bill S-12, which provided the original impetus for the bill. The Supreme Court of Canada decision requires revisions to the sex offender registry. The Supreme Court found that automatic lifetime registration for those convicted of listed offences was overly broad, and as a consequence, was capturing some who were very unlikely to reoffend. I know some argue that all must be listed, but it is important to remember that if we list people who are at very low risk to reoffend, we waste public resources that might better be used to monitor the higher-risk offenders.
Instead, Bill S-12 would meet the Supreme Court's challenge by implementing the presumption of registration of those convicted. This would mean that a very small number of those convicted of listed offences could ask a judge to use their discretion to exempt them from legislation. The estimates are that it would be probably far fewer than 10% who could ask for that exemption.
The bill would also strengthen the sex offender registry in a couple of important ways. Most importantly, to me, it would add the offences of non-consensual distribution of intimate images and so-called sextortion to the list of offences that would result in registration as a sex offender.
In our modern world of overuse of social media, overuse of the Internet and overexposure of everyone to everything, these offences sometimes may seem trivial. However, we must remember that with non-consensual distribution, intimate images last forever on the Internet, and I think those who perpetrate this need to understand that these offences will be taken very seriously and that they will be monitored as sex offenders on the registry to make sure they do not engage in this kind of behaviour again.
I would like to conclude with thanks to all the parties that have worked together to get this legislation here today in time to meet the Supreme Court of Canada's deadline. I know that some parties still have reservations and I know that some of the victims would like to have had more amendments made to the bill. However, I do believe that we have it in a form in front of us today that will help restore agency to survivors of sexual assault in the future. I think that is a very important reason for us to act promptly.
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Madam Speaker, I am pleased to rise in this debate on Bill C-325 today, and I am going to be brutally honest: It is disappointing to see the Conservatives bring forward a private member's bill that builds on their campaign to exploit public fears about crime and public safety by emphasizing tragic incidents and tragic impacts on victims and continuing to ignore the evidence about what actually works in criminal justice. Of course, members of the House will know that I spent 20 years working in the criminal justice field before I came here. We know what reduces crime and what improves public safety, but the Conservatives seem to have no interest in any of those measures.
They repeatedly refer to the opinions of victims. I will, of course, agree with them that some victims are looking for harsh punishment for the perpetrators of crimes, but it is not all victims. The one thing that all victims of crime are looking for is that what happened to them does not happen to anyone else. If we look at all the scientific studies and academic studies of victims, we see that this is the one thing that all victims share in common. This means that instead of harsher measures, we need more effective measures to make sure that we do not have additional victims of crime in the future.
The main impact of Bill C-325 is to undo the reforms that were made in Bill C-5. Those were aimed at squarely attacking the problem of high rates of incarceration among indigenous and racialized people, those living in poverty and those living with mental health and addiction issues in Canadian prisons. The overincarceration of marginalized Canadians is not only unjust but also ineffective at improving public safety. Even short periods of incarceration cause major disruptions in people's lives when it comes to loss of employment, loss of housing, loss of custody of children and stigma, all of which make involvement in anti-social and criminal behaviour more likely in the future, not less likely.
The New Democrats have always supported measures that will be effective in improving public safety. This was true when we were talking about bail reform, which, again, is not the subject of Bill C-325, even though people would be surprised to find that out when listening to some of the Conservative rhetoric around it. We supported adding a reverse onus for bail in crimes involving handguns. We supported making community-based bail supervision programs more widely available in all communities, including in rural, remote and northern communities.
Community-based bail supervision will require upfront expenditures, and we have been calling on the Liberals to fund those programs. The John Howard Society runs three of those programs now in Ontario, and they have a 90% success rate. What does that 90% success rate mean? It means 90% of people in community-based bail supervision programs showed up in court when they were supposed to, and 90% did not reoffend in the period before they appeared in court. Why is that the case? It is because they had support and supervision. This is in the bill the Conservatives voted for, and now the Liberals need to come forward with the funding.
Community-based bail supervision programs are not the subject of Bill C-325, but I have to address them because Conservatives continue to act like they are. They save money in the long run because they are far cheaper: Putting people into community-based bail supervision programs is one-tenth the cost of putting them in incarceration. The problem in our federal system is that the federal government would bear the costs upfront of starting these programs, while the provinces would benefit from the savings in provincial correction systems.
Again, Bill C-325 is trying to undo the reforms that were in Bill C-5. What Bill C-5 did was to eliminate mandatory minimum sentences for all drug offences and for certain tobacco and firearms offences, none of which are classified as violent crimes in the Criminal Code. Also, Bill C-5 widened the sentencing options available to judges by allowing them to use diversion programs and house arrest as penalties for a wider number of crimes. Why is this important? It is because there are direct victims of crime, but there are also the families of the perpetrators of crime. What we are talking about there is often spouses and children. The importance of diversion programs and house arrest means that oftentimes families are not deprived of the sole income earner in the family, or they are not deprived of the person who can provide supervision for children.
By using diversion programs and house arrest in additional offences, we can help keep families together and prevent crime in the future by keeping people's ties to the community and the wider family active and alive. This is particularly important in rural, remote and northern communities, where the sentence to incarceration means not only serving time in an institution but serving it in an institution many hundreds of kilometres away from the family and supports people need to prevent them from falling back into the problems that caused them to end up as convicted criminals.
According to the Conservatives' press release, Bill C-325 would “put a stop to the alarming number of convicted violent criminals and sex offenders who are serving their sentences in their homes.” This assertion is false. Even with the reforms in Bill C-5, judges are not allowed to sentence those who present any kind of risk to the public to serve sentences in the community. The statement that the many people who are convicted of the long list of offences the Conservatives like to cite are getting house arrest is not true. Judges are not allowed to grant diversion programs and sentences served in the community to those who present a risk to the public. That is very clear in our systems.
The Conservatives also claim that Bill C-325 would go after offenders who repeatedly violate conditional release orders. It is important to note that the provisions in Bill C-325 are about parole violations, not conditional release orders. There is nothing about bail conditions in this bill despite the Conservatives continually mixing the rhetoric about catch-and-release bail provisions with the provisions of Bill C-325. What Bill C-325 would do is make all parole violations a new criminal offence and require parole officers to report all parole violations, no matter how minor, to the police and the Parole Board. This would only result in the early termination of parole.
What does that mean? People say it is a good idea because people broke the rules and their parole should be revoked. With the revocation of parole, people end up back in institutions, and at the end of their sentences, they go into the community unsupervised. Therefore, by ending parole early, we end the period during which we supervise people's behaviour, which is to make sure they present less of a threat to the public, and let them out at the end of a sentence with no incentive to complete any of the rehabilitation programs, any of the mental health and addiction programs or any of the things that would keep them from being further involved in criminal activity.
Let me conclude my remarks today by reminding people that what we need to do is support measures that are effective at reducing crime and reducing the number of victims in the future. Bill C-325 would do nothing to advance those goals and instead would further contribute to the overincarceration of racialized and indigenous people and those living in poverty in this country. The New Democrats were proud to support Bill C-5 to try to make sure that we do what is effective when fighting crime and reducing the number of victims in this country.
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Madam Speaker, my question for the member for Thornhill has to do with solving the large number of repeat offenders who are not involved in violent crime. I wonder if she would agree with me that part of the solution for most of the people who cause most of those cases the Conservatives like to talk about is to get people into substance abuse treatment and mental health programs and lift them out of poverty so they can truly become more productive members of our Canadian society.
Instead, the Conservatives have been arguing against a lot of the decriminalization of drugs that would lead to better treatment programs. Which is it for the Conservatives? Are we going to put money into resources and treatment so we can reduce this incidence of crime in our local communities?
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Madam Speaker, my question to the hon. member is about how we deal with repeat offenders. One of the proposals in the bill is to make the option of community-based bail supervision available in all cases for the judge to select. That means that people could get bail who would otherwise end up in detention before trial. What we really need is the commitment of resources from the federal government to get that program under way, because it is far cheaper than detaining people and has much better outcomes, in terms of public safety.
Is the member prepared to commit the government to support community-based bail supervision?
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Mr. Speaker, I want to address something that the member said, which is that Bill C-48 would result in more people being in pretrial detention.
Precisely because it allows the option of community-based bail supervision, the opposite would be the case. This bill would actually result in fewer people being detained before their trials. That is the important aspect that New Democrats argued for and convinced the government to include in this bill.
If we are interested in public safety, as I said, yes, we need to deal with repeat violent offenders. We also need to deal with recidivism. The way one deals with recidivism is to keep people out of jail, keep them in their employment, keep them with their families and provide them the supports they need to be productive citizens in this country.
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Mr. Speaker, once again, the member is mixing bail with all kinds of other questions in criminal justice and the Criminal Code. What I do have to say, and I want to emphasize it once again, is that while there are a few cases, and they are not very numerous, of repeat violent offenders reoffending, they are serious and we need to act and take care to make sure those do not happen again.
Bill C-48 addresses those. The police associations across the country say that it does. Premiers are satisfied that it does. I am not sure why the Conservative Party is not satisfied that it would deal with that problem.
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Madam Speaker, as a New Democrat, I am pleased to rise in the House and say that we do support this bill as part of our commitment to the protection of victims' rights. Also, we encourage all members of the House to support the attempts to provide victims with the services they need in terms of rehabilitation or to compensate for losses they have suffered as a result of being victims of crime.
We conducted hearings in the justice committee, where we heard from victims, and we heard very clearly that one of the things they want is accurate and timely information about the parole process. For that reason, I am quite happy to see this bill come forward and to support it. One of the additional things we heard from victims was on the specific case of sexual assault victims, who asked to be consulted and to be informed about publication bans, and have the right to opt out of publication bans on their assaults. Many of them felt a publication ban without their consent denied their agency and their ability to speak about their own experience, and often it inadvertently protected the perpetrators when their names were suppressed. That is in a bill that is before the Senate, Bill S-12. It was in committee in the Senate today, and I think most of us look forward to that provision getting here to the House very soon.
There are other important measures, and I thank the member for Shefford for talking about the attempt to move coercive and controlling behaviour into criminal law. That was originally in a private member's bill I sponsored, but it is now being brought forward by the member for Victoria as Bill C-332. I hope we will be dealing with that this fall. Again, by making coercive and controlling behaviour a criminal offence, we can prevent victims of violence in the future, since coercive and controlling behaviour in intimate partner relationships is almost always a precursor to actual violence in that relationship.
I spent 20 years, before I came here, as a criminal justice instructor, and one of the things I know from working with and talking to victims is they are concerned about public safety, and in the very specific sense that almost every victim wants to make sure we take measures to make sure the same experience they had does not happen to others. That concern for public safety is always front and centre with every victim I have met with.
It is unfortunate when rhetoric around crime, punishment, parole and bail veers off into what I would call an ideological position that tougher, longer sentences actually keep people safe. It really misunderstands the purpose and function of our parole system. We know that, in Canada, people are eventually going to be released from jail, except for a very small number of them. The parole system does not provide a “get out of jail free” card or earlier release; it provides incentives for good behaviour in the corrections system and it provides incentives for people to participate in rehabilitation, to take drug and alcohol counselling and to take anger management courses. It is hard to get parole if one does not engage in good behaviour in the system and does not engage in those rehabilitation activities. A person will not actually get parole and will not get the privileges of a phased release, being in a halfway house or any of those other things that are seen somehow as privileges. Those things are actually the phased reintegration of people into the community.
We know that people who successfully complete a parole process have a much smaller chance of reoffending. If we make parole almost impossible to get and if we insist on very long sentences, we actually have a negative impact on public safety, in that those who have committed crimes will serve their sentence in the institution, will not participate in rehabilitation activities and will be released at the end of their sentence with no supervision, no access to public services and no monitoring of what they are doing in the community. Parole is a way of keeping people safe; it is a way of promoting public safety. It is a way of encouraging rehabilitation. It is important we not lose sight of that. Having said that, victims obviously need to have accurate information about how this works and what is happening at each stage of the process. In that sense, of course, I am still supportive of this bill.
At this point, it is important to mention what I will call the unsung heroes of public safety, who are not as high profile as the police or as corrections workers. Those are the parole officers in this country. Parole officers work very hard with those who are being phased back into the community, to make sure they are successful. In doing so, they help promote public safety. I salute the more than 1,600, I think it is now, parole officers who work for Corrections Canada and belong to the Union of Safety and Justice Employees.
They have recently released a report, within the last year, that points out the challenges they face. Parole officers have very high levels of operational stress injuries in their occupation. That has to do with the stress of dealing with the offenders and the lack of resources in our system.
One of the things they have called for is the hiring of additional parole officers. This would help each of them do their job in a healthier manner, but also reducing caseloads would mean there is more time for those parole officers to spend on the people who are being released, so they can provide better supervision, more monitoring of things like curfews, or more monitoring of whether they are actually where they are supposed to be while they are on parole.
In addition, they called for increased mental health services for parole officers. One of the things they pointed out was that this, in actual fact, saves money. If we provide better mental health services, we avoid the burnout that leads to long-term operational injuries and long-term sick leave.
The other thing they asked for, and I think this is interesting because it shows their professionalism, is increased funding for more mental health professionals working inside our correctional institutions and as part of the parole system. Quite often what we see now, unfortunately, is offenders who have very complex psychological and substance abuse problems to deal with. We need those highly skilled professionals to help design the programs that would help rehabilitate them into the community with the least risk possible to the public.
Again, it is important, whenever we are talking about probation, parole or bail, to remember that things like parole and bail are designed to help keep the public safe—
An hon. member: Do we have quorum?
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- Feb/2/23 12:06:27 p.m.
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Madam Speaker, as I have said a couple of times this morning in the debate here, I was pleased on Monday when the Conservatives put forward a very reasonable motion to have us work in the justice committee to find practical solutions that would contribute to community safety across the country. I am disappointed in the Conservatives today with a motion that seems designed to divide us in the House. Maybe the purpose of the motion today is to contribute to the Conservative line, which we hear every day, that everything is broken, and it is kind of embarrassing for them to have to admit that on this question we had actually reached agreement among all parties to work together to find solutions.
I do not believe the House is broken. I believe the justice committee can find real solutions to the two problems, and, let me say, there are two problems. One is the problem of serious violent offenders, and the other is the public disorder problems that result. Bail affects both of those, and we need to separate those two issues and look at how to solve each of those problems. I know the justice committee will do great work in doing so.
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