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Decentralized Democracy

House Hansard - 152

44th Parl. 1st Sess.
February 2, 2023 10:00AM
Context: House Hansard - 152 - Feb/2/23
Ms. Iqra Khalid (Mississauga—Erin Mills, Lib.)
  • Feb/2/23 12:38:11 p.m.
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Madam Speaker, I am pleased to have the opportunity to speak to the motion brought by the hon. member of Parliament for Fundy Royal. I would like to split my time with the member for Kingston and the Islands. First and foremost, I would like to acknowledge the tragic and disturbing events involving the recent deaths of several police officers in this country. It is beyond words to describe how that profoundly shocks our communities when those who dedicate their lives to serve and protect others from harm become the victims of horrendous acts of violence. It is also unimaginable what grief the families of these officers must be experiencing, and my heartfelt thoughts and condolences go out to them. I recently had an in-depth and substantial conversation with our chief of police in Peel and his team to talk about what kinds of issues really concern our communities, especially mine in Mississauga—Erin Mills. The number one issues that we touched on and talked about were gender-based violence, the use of guns within our communities, car thefts and how we can prevent all of those. We talked about the limitations that the police force faces in terms of providing that support. One thing that really struck me was the conversation about what exactly we are trying to do when we serve and protect our communities. What perspective are we taking in terms of creating a legal framework and providing the administration of justice in our country at the base of our communities? Are we trying to punish offenders, casting a wide net and then take in all of them without keeping in mind what rehabilitation means in our communities? How are we going to, for example, impact young offenders and rehabilitate them to become fully functioning members of our society? Are we going to talk about how the indigenous community is impacted by access to justice, bail regulations and laws within our Criminal Code? This debate, this conversation, this topic of issue is a lot more substantial than the unfortunate fearmongering that we are experiencing with the opposition party. We have to talk about how it is that we are going to have a harm reduction principle embedded within our criminal justice system. More importantly, we have to also understand, in the context of the federal, the provincial and the regional governments, how justice is administered and how that whole bail regime is instilled within our communities and our societies. How do we protect our communities by working together with all levels of our government? Therefore, putting together an opposition motion and asking for certain things that just do not make sense, when we take in the full context of how it is that our justice system works, is a little disingenuous. I will take some time today to discuss the bail system in Canada and the critical role that it plays in promoting public safety, in maintaining confidence in the administration of justice, and in ensuring that our criminal justice system upholds the rights that are enshrined in our Charter of Rights and Freedoms. I will start by saying a few words about Canada's criminal justice system and the importance of that institution. It is a system that is the cornerstone of our democracy. It is a key component in maintaining law and order in society and the overall prosperity of Canada. The federal government continues to make efforts to ensure that Canada is a just and law-abiding society with an accessible, efficient and fair system of justice. Our criminal laws make and help Canadians feel safe in our communities and have confidence in their justice system, which in turn improves their quality of life as well as their contribution to Canada's prosperity. Unlike the opposition, I do not believe that our institutions are broken. Are they perfect? No, nothing is perfect. Our job is to attempt to improve them, but we should not give in to fearmongering rhetoric. Instead, we should seek constructive solutions the way that our government is doing, by working with all levels of government on this issue, as we heard our minister say earlier today. The criminal justice system is a shared responsibility among the federal, provincial and territorial governments, and the regional governments are involved. While the federal government is responsible for establishing the criminal law, which includes bail provisions in the Criminal Code, provincial governments are responsible for the administration of justice. That includes conducting bail hearings and enforcing bail conditions, as well as investigating and prosecuting most of the Criminal Code offences within their respective jurisdictions. A successful criminal justice system is dependent on each level of government successfully carrying out its areas of responsibility in co-operation and collaboration with one another. At the federal government level, we continue to work very closely with provincial and territorial partners to examine ways to further improve the criminal justice system, including the bail regime, and to make it stronger and more efficient. For example, our government is carefully considering the specific concerns raised about repeat and violent offenders and about bail. These have been identified by the premiers of Canada, and our government is actively working with provincial and territorial partners to make improvements to the bail system. When I was sitting on the justice committee, this was an issue that we did deeply dive into to see how we can better provide protection, support for communities and better access to justice across the country. We learned from witnesses and experts from across the country that we need to take an approach that is contextualized by all of those equity-seeking groups to ensure that whatever system we are trying to improve is fair for everybody. Hence, this goes back to our Charter of Rights and Freedoms and the importance of it within our criminal justice system. Canada's bail system contributes to enhancing public safety and confidence in the criminal justice system by allowing the pretrial detention of accused persons in cases where there is just cause to do so. I emphasize that the bail system, as set out in Canada's Criminal Code, is intended to ensure that the accused persons charged with a criminal offence will attend court to answer the charge and will not pose a risk to public safety prior to their case being heard or being tried, and that confidence in the criminal justice system is maintained with respect to whether the accused is detained. If there are concerns that an accused person who is released after being arrested would compromise those objectives, police can detain the accused and bring them before a justice, where they will have the right to a bail court hearing to determine whether they should be released. Pretrial detention of an accused person is justified where it is necessary for the protection or safety of the public, including if there is a substantial likelihood that, if released from custody, the accused would commit a criminal offence. Where an accused person is released, police or courts are empowered to impose certain conditions that the accused is required to follow until their case has been resolved or the end of their trial. For example, the court can impose any reasonable conditions it considers desirable or necessary to ensure the safety and security of any victim or witnesses to the offence. For certain specific offences, largely offences involving violence, the court is required to impose a condition prohibiting the accused from possessing a firearm, a prohibited or restricted weapon or ammunition, unless it considers that such a condition is not required in the interests of the safety of the victim, the accused or any other person. In order for us to tackle the issues of a just, viable and fair justice system, we have to take into account our Charter of Rights and Freedoms. We have to take into account how the administration of justice by provinces is taking place. Also, importantly, we need to take into account how we are supporting those on the front lines. Do they have the resources they need? For example, in my region, for Peel police we are trying to ensure that the officers have the ability to access mental health supports. How does that play into it? I would appreciate it if colleagues in the House, from all aisles, were able to work on that full context of what a bail reform looks like with all levels of government.
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Context: House Hansard - 152 - Feb/2/23
Mr. Alex Ruff (Bruce—Grey—Owen Sound, CPC)
  • Feb/2/23 12:48:16 p.m.
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Madam Speaker, the member for Mississauga—Erin Mills talked about and highlighted the need for our current bail system to be improved. Changes need to happen. I have just two simple questions for her. Does she agree this is an urgent problem? How much time is realistic to address this urgent problem and make necessary changes to our bail system in Canada?
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