44th Parl. 1st Sess.
February 2, 2023 10:00AM
- Feb/2/23 12:05:15 p.m.
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Madam Speaker, on the issue of the violence we are seeing, certainly the opioid crisis, the homeless crisis and the lack of mental health supports have really exacerbated senseless violence, but the issue of bail conditions also has to be addressed because we have violent offenders who are seriously impacting public safety.
However, I want to question my colleague on the fact that the justice committee is set to do a review, and yet the Conservatives, once again, are doing a massive fundraising drive on what they are pushing now. I remember the Stephen Harper government, when they would get up every week on a new “tough on crime” bill and they had more recalls than the Ford Pinto because they were never about doing “smart on crime”. They were just about hitting their base and coming forward with laws that, time and time again, broke the charter and the Supreme Court threw them out.
What does my hon. colleague think is with the Conservatives, that they are not willing to work with us on trying to find the solutions to get proper bail conditions, but they are just looking to get fundraising with their base?
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- Feb/2/23 12:53:16 p.m.
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Madam Speaker, I rise today to speak to the Conservative fundraising motion. Why do I say that? It is not that I do not think this is an extremely serious issue. I do, and I will get to that in a second, but I feel as though the Conservative Party is taking a serious issue and exploiting it for its own gain.
We all know the Conservatives pretty much came into the room knowing this motion would not be supported by a majority of parliamentarians, but they are looking forward to the opportunity to use it in a fundraising email blast, probably later this evening, or something of that sort. It is extremely disingenuous when we treat the House of Commons this way. I do not think it was ever intended to be used this way, but unfortunately we see the Conservatives doing that more and more.
To start, bail reform, as we know and as we have been hearing from leaders throughout the country, is a very important thing we need to tackle. That is why the Minister of Justice met with leaders back in October and committed to working with them. That is why he is meeting with them again in February. That is why he will work with them to make the genuine reforms they are looking for and need in order to increase public safety. In my opinion, he is genuinely working toward an objective of trying to make Canada a better place and improve the quality of life of all Canadians.
I am disheartened by this motion because, for starters, the first resolve paragraph in it specifically speaks to Bill C-75 and directs the government to make changes to Bill C-75. The irony, though, is that Bill C-75 was brought in to fix Harper Conservative legislation on mandatory minimum sentences. At least three pieces of legislative have been struck down by the courts at this point. By bringing in Bill C-75, we mirrored what the courts were saying. The courts were saying that the law infringes upon people's charter rights, that it cannot be imposed on people and that it must be changed.
What would the Charter of Rights look like for the Conservatives? If they continually brought in legislation that was found to be unconstitutional by the Supreme Court, would that not imply they would rather have a different Constitution with a different Charter of Rights in it, a Charter of Rights that did not give what ours currently gives? I cannot understand how we could land on any other assumption than that.
In his address today to the House, the Leader of the Opposition specifically talked about the Conservative approach. He outlined what the Conservative approach would be. However, what he did not talk about was that this approach has been struck down repeatedly by the Supreme Court. He has to come clean with Canadians and say how he would deliver on his approach. Would he use the notwithstanding clause to override the Supreme Court? Would he change the Charter or Rights so that it does not look how it looks now? How else would we effectively get the Conservative approach to become legislation that could be upheld and deemed constitutional by the Supreme Court?
I find it very confusing and very disingenuous when a motion like this comes in. It has to do with a genuine concern being brought forward by leaders throughout our country, but the Conservatives are utilizing it and piggybacking off it to try to exploit something else they are doing. They are trying to exploit fears and anxiety in order to raise money. That is the only conclusion I can come to. That is why I said that I cannot see the purpose of this motion being anything other than a fundraising tool for the Conservative Party.
The Conservatives talked a lot about Bill C-75 making bail easier. That is not what Bill C-75 was about. As a matter of fact, one of the changes in Bill C-75 made it more difficult for people to get bail. It put the onus on the accused to explain why they should be getting bail. That was specifically related to intimate partner violence.
I keep coming back to this point: Why would the Conservatives intentionally exploit these fears if it was for nothing other than political gain? Time after time, we see this narrative coming forward from the Conservatives. We see them standing up in this House and suggesting that this government is directly responsible for some of the things that were put in Bill C-75, specifically as they relate to reforms, which were only needed because the former Conservative government that put in legislation did so in a way that infringed upon people's charter rights, if we are willing to accept the ruling of the court.
As I said, Bill C-75 did not change the criteria of when an accused person can be released by police, a judge or a justice of the peace. It is important to point that out because we have heard repeatedly from the Conservatives today that this is the case. In fact, as I indicated, we made it harder for some individuals to get bail, especially as it relates to intimate partner violence.
Bill C-75 also imposed what is called a reverse onus, as I indicated, for bail imposed on an accused charged with certain firearms offences. This means that the accused will be detained pending trial unless they can prove that bail is justified.
Bill C-75 was adopted following a binding Supreme Court decision, so the Conservatives' first resolve paragraph in the motion asking that we immediately repeal the elements of Bill C-75 is disingenuous at best, because we were replying to what the court was telling us. The Supreme Court of Canada was telling us this had to be done in order to maintain people's charter rights.
I come back to where I started: What is it going to be? Do the Conservatives believe in the charter? Do they believe in those rights? They keep bringing forward legislation that imposes upon them. Do they believe in them, or would they like to see the charter changed? If they do want to see the charter changed, what would they have it look like? I am very curious about what the Charter of Rights would look like per the definition of the Conservatives and per the legislation they have been bringing forward. What do they see for those rights? It is a legitimate question. We have to get to the bottom of that because it is the underpinning and fundamental document upon which the vast majority of challenges are made.
I will continue to listen to the debate today. I am obviously opposed to this motion, and I am glad to see that the majority of colleagues in the House are coming from the same position. It is the responsible thing to do. We need to make sure we continue to have very important conversations about bail reform with leaders throughout our country who are asking for it. We have to have them in an honest way that genuinely impacts Canadians' lives and makes the lives of Canadians safer in the process.
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- Feb/2/23 1:03:51 p.m.
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Madam Speaker, I listened to my colleague from Kingston and the Islands, and I have been listening to the debate all morning.
We heard his suggestion that this might be a Conservative fundraising tactic. It is also worth noting that it may behoove his government to act fast while there is still a majority of more moderate people in the House.
At this point, rather than lob criticism at legislation that seems ill-equipped to adapt, maybe we should just reform it. Does my colleague have anything to contribute to a more substantial discussion about that?
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- Feb/2/23 3:58:07 p.m.
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Mr. Speaker, I do believe it is more about fundraising for the Conservative Party. Let me give an example. Conservative after Conservative stood up and talked about a rape, an assault, that had taken place in the province of Quebec. Then they turn to the Government of Canada to blame it, as if that person is not serving one day in jail as a result of that sexual assault, and as if we are the ones to blame.
It was a provincial court, a provincial prosecutor who ultimately made that decision. Ottawa is working with provinces to deal with a wide spectrum of issues, including bail. The Conservatives are convinced they need to blame Ottawa. Ottawa has nothing to do with that case, yet several members stand up and use that.
I do not support what has taken place there. I suspect the member does not support what has taken place in Quebec. Why do they use that specific example when they know it is misleading?
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- Feb/2/23 3:59:24 p.m.
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Mr. Speaker, there are a couple of things I will point out to the member. First and foremost, the Criminal Code in this country is a responsibility of the federal government, and any amendments, consequential or otherwise, that are made to it fall under the Minister of Justice and Attorney General in this country. With one fell swoop of a pen, they can change laws, bring them to Parliament, we can debate them and they can pass.
Second, the prosecutor in Quebec is actually blaming Bill C-75 for that situation.
I want to address an issue he brought up, because I have heard this today. Liberals talk about fundraising. We are the voices of Canadians. The fact is that they are accusing us of using this for fundraising, but we are actually being the voices of Canadians. When this member says that, he does a great disservice to police chiefs, police officers, police associations, premiers and others who are calling for bail reform. They are not sending out fundraising letters. They are asking us to do something about a broken system.
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- Feb/2/23 4:02:16 p.m.
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Mr. Speaker, we heard the Liberals talking about rumour mongering and about fundraising. I wonder if the member can talk to us about how victims feel hearing those kinds of comments.
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- Feb/2/23 4:02:37 p.m.
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Mr. Speaker, they probably feel the same way I felt today hearing this type of response from the government. It has been shameful, and quite frankly, I have been embarrassed for the Liberals every time they stood up and talked about fundraising letters with absolutely no thought to victims, police officers and their families who have been impacted by this. As I said earlier, we are the voices of Canadians. The Liberals seem to be the voices of their caucus.
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