44th Parl. 1st Sess.
September 18, 2023 11:00AM
Madam Speaker, I will be sharing my time with the member for Vaughan—Woodbridge.
I would like to speak to the bail reform bill, Bill C-48, an act to amend the Criminal Code.
Canadians deserve to feel safe and be safe. We have a critical issue that affects the safety and well-being of our communities. It is the need to strengthen our bail laws and tailor them to focus on violent repeat offenders and intimate partner violence. It is an issue that strikes at the very heart of public safety and the preservation of justice. That is why we introduced the bill, which is a targeted reform to our bail laws and is designed to focus on violent repeat offenders, gun and knife violence and intimate partner violence.
Bail laws, at their core, exist to strike a delicate balance between individual rights and the collective safety of society. They ensure that individuals accused of crimes are not unjustly incarcerated before trial, upholding the cherished principle of “innocent until proven guilty”. However, this balance can be challenging to maintain, especially when dealing with violent repeat offenders and those accused of gun and knife violence or intimate partner violence.
We developed this bill by obtaining expert advice and adopted an evidence-based approach to put Canadians first and address public safety concerns in our bail system. We have a legitimate concern that violent offenders may pose a significant risk to the community if they are released from custody while awaiting trial.
Bill C-48 would strengthen the law by targeting repeat violent offenders who use weapons when committing crimes and those who have a history of violent offending and firearms-related crime. Violent repeat offenders are individuals who have shown a pattern of engaging in dangerous and harmful behaviours repeatedly. They pose a clear and present danger to our communities. Strengthening bail laws in those cases is not about denying their rights but about prioritizing public safety.
By focusing on comprehensive risk assessments that take into account an offender's history and propensity for violence, we can ensure that these dangerous individuals are held accountable for their actions, while respecting the rights of others. We also need a stricter approach to bail for violent offenders to act as a deterrent. This would discourage individuals from engaging in violent criminal behaviour in the first place, as they may be less likely to receive pretrial release. This bill would send a strong message that judges ought to seriously consider the public safety risk posed by repeat violent offenders at the bail stage, while ensuring that the fundamental charter right to bail remains intact.
Bill C-48 would also strengthen the government response against intimate partner violence offences by expanding the reverse onus on these offences. The harrowing reality is that countless individuals suffer in silence, trapped in abusive relationships. Strengthening bail laws to protect victims and potential victims of intimate partner violence is not just a legal obligation; it is a moral imperative. We must provide a safe path to justice for survivors, ensuring that those accused of such heinous acts are not released to perpetrate further harm.
The bill would create a new reverse onus for accused persons charged with a serious offence involving violence and the use of a weapon where the accused was previously convicted of an offence of the same criteria within the past five years. A reverse onus for bail presumes that the accused should be detained pending trial and requires them to demonstrate why they should be released. A reverse onus does not mean that an accused will not be able to obtain bail. It means that the onus of proof has shifted to the accused, reflecting our intent that it ought to be more difficult to obtain bail in these circumstances.
One of the provisions of this bill is new considerations and requirements for courts regarding an accused’s violent history and community safety. Bill C-48 would add a requirement that courts consider whether an accused person has a history of convictions involving violence when making a bail order. It would also require courts to state on the record that the safety and security of the community were considered when making a bail order.
Bail reform has long been the subject of federal, provincial and territorial collaboration because of shared jurisdiction over bail laws and their implementation. Bill C-48 responds directly to calls for reform from the provinces and territories. This bill is the product of collaboration with the provinces and territories. Hence, we have wide and unanimous support for this legislation from all provinces and territories.
The bill has benefited from input from mayors, police, parliamentarians, indigenous leadership and the legal community. Bill C-48 is part of our broader strategy to ensure the safety of all Canadians and is an example of what we can achieve when we work together.
Let me put on record the support this bill has received from key stakeholders.
The Premier of British Columbia said, “From the British Columbian perspective, this is a huge priority. We need this bill passed. This is something that has wide support, all-party support, all-premier support, and action needs to be taken.”
The Premier of Ontario, Doug Ford, said, “I'm urging the federal government to use this time to quickly pass their bail reform bill.”
The Canadian Association of Chiefs of Police stated:
We commend the federal government for acting on the urgency for legislative change and for recognizing that our...amendments were not calling for a complete overhaul of Canada's bail system....
We are convinced that the legislative changes put forth in Bill C-48 will go a long way to help eliminate the preventable harm and senseless tragedies attributable to violent and repeat offenders across Canada.
The president of the Canadian Police Association stated:
Front-line law enforcement personnel have been asking the government to take concrete steps to address the small number of repeat violent offenders who commit a disproportionate number of offences that put the safety of our communities at risk. We appreciate that [ministers] have worked collaboratively with stakeholders and introduced this common-sense legislation that responds to the concerns that our members have raised.
The Ontario Provincial Police Association stated:
Our members appreciate the virtually unprecedented consensus that formed calling for concrete action on bail reform, and we’re glad to see the government has responded with the introduction of Bill C-48. We look forward to working with all stakeholders and Parliamentarians to see this legislation pass quickly.
The president of the Toronto Police Association said:
Our members recognize that our Charter ensures we all benefit from a presumption of innocence, but for too long the current balance has put the rights of an accused well above the rights our communities have to public safety and security. Ensuring the public maintains its confidence in the administration of justice is paramount, and I believe the introduction of Bill C-48, and the clear message being sent by the government that public safety remains a top priority, will help victims of crime, as well as all Canadians know serious, repeat violent offenders can and will be held accountable for their actions.
I would like to end my speech by quoting Brian Sauvé, president of the National Police Federation, who said:
We see the federal government’s tabling of Bill C-48...as a good first step, but this cannot be the only solution. Provincial and territorial governments must now look at their own justice systems and make needed improvements. Our justice system is complex, with many interrelated challenges and flaws that cannot be addressed through legislation alone.
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Madam Speaker, it has been asked of the Conservative Party a number of times today if we support this, yet when we had a motion to move this piece of legislation along very quickly, the NDP-Liberal coalition opposed it. I would like to know why.
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Madam Speaker, I have to disagree that the Liberals opposed the fast movement of this legislation. We do hope that the legislation will pass very quickly and become law as soon as possible.
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- Sep/18/23 5:23:47 p.m.
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Madam Speaker, I hope we will get some clarification on what happened earlier and perhaps a redo.
My question for the hon. member has to do with dealing with—
Some hon. members: Oh, oh!
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- Sep/18/23 5:24:00 p.m.
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Order. It is not time for other questions. The hon. member who has the floor for a question is posing the question, so I would ask members to wait.
The hon. member for Esquimalt—Saanich—Sooke.
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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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Madam Speaker, we have come to this stage after seeing how repeat violent offenders can get bail easily and recommit violent offences. The main purpose of this particular legislation is to strengthen our bail system so that repeat violent offenders do not get bail easily and that there is a reverse onus on them to prove that they should get bail.
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Madam Speaker, I listened to the member's speech, and he devoted quite a bit of it to referring to the requests from the various chiefs of police for this legislation and took credit for the government's doing what it has been asked by these chiefs. The reason the chiefs of police were asking for this legislation is the damage the government has done to the bail system and the emergence of a small number of chronic offenders who make up such a disproportionate number of arrests.
Will the member apologize for the government's failed approach that got us to this point?
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Madam Speaker, I would like to quote the president of the National Police Federation.
He said that this bill “cannot be the only solution. Provincial and territorial governments must now look at their own justice systems and make needed improvement. Our justice system is complex, with many interrelated challenges and flaws that cannot be addressed through legislation alone.”
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Madam Speaker, can my colleague provide his thoughts in terms of how important it was for the federal government over the last number of months to work with the provincial stakeholders and law enforcement agencies to ensure that we have legislation that can get unanimous support, as it has gotten virtually from coast to coast to coast?
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Madam Speaker, this is something that we have achieved through collaborative work with the provinces, territories, police and other stakeholders, and this shows what we can achieve when we all work together. This is the best outcome, which has been done because of collaborative work.
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Madam Speaker, I would like to ask the hon. member from the area of Ottawa about the importance of Bill C-48 for him and his constituents.
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Madam Speaker, this piece of legislation brings a lot of peace of mind for families and communities, especially for the victims of violent crimes.
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Madam Speaker, I rise on a point of order.
I do believe that if you seek unanimous consent you will find it in this House for the following motion.
I move:
That, notwithstanding any standing order, special order or usual practices of the House, at the ordinary hour of daily adjournment today, C-48, An Act to amend the Criminal Code (bail reform) be deemed to have been read a second time and referred to a Committee of the Whole, deemed considered in Committee of the Whole, deemed reported without amendment, deemed concurred in at the report stage and deemed read a third time and passed.
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All those opposed to the hon. member moving the motion will please say nay.
It is agreed.
The House has heard the terms of the motion. All those opposed to the motion will please say nay.
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Madam Speaker, it is obviously wonderful to rise after the unanimous consent motion was passed here in this House of Commons on a very important bill for all Canadians, including the wonderful residents in my riding of Vaughan—Woodbridge.
This past summer, I met with many of the York Region police officers in my area, including the deputy chief of police. It was clear how important bail reform is to our police officers and our policing authorities. I have a sibling who has been a member of a police agency in Canada for over 25 years. I have heard a number of times from him how important bail reform was to him and his colleagues. Therefore, I am so glad that unanimous consent was received with respect to Bill C-48. I have a few comments.
It is wonderful to see all my colleagues here. With respect to the member of Parliament for Etobicoke—Lakeshore who usually sits in front of me, I wish to acknowledge his appointment as the parliamentary secretary. He is a great friend and has been a great friend for decades and I was very happy to see his appointment as the Parliamentary Secretary to the Minister of Justice and Attorney General.
I am grateful for the opportunity to speak in support of Bill C-48, an act to amend the Criminal Code, bail reform. It proposes targeting amendments to the bail regime with the aim of enhancing community safety and reinforcing confidence in the administration of justice. Canadians have spoken and we have listened. All parliamentarians have listened.
Crime is a serious concern for communities across this nation and it must be addressed. That is why the Liberal approach is to pair legislative reform like Bill C-48 with programs that stop crime at its roots. We want to both hold criminals to account and prevent crime from happening in our communities in the first place.
At the onset, I want to highlight the positive reactions we have seen to Bill C-48 from law enforcement agencies.
The president of the Canadian Police Association called to say it is “common-sense legislation that responds to the concerns that our members have raised”.
The president of the Toronto Police Association said that “the introduction of Bill C- 48, and the clear message being sent by the government that public safety remains a top priority, will help victims of crime, as well as all Canadians know serious, repeat violent offenders can and will be held accountable for their actions”.
The Saskatoon Police Service deputy chief of police said, “It is encouraging to see the voices of the community and the policing community across Canada are being heard.”
Members need not just take my word for it. They can take the word of those law enforcement experts. Bill C-48 is an excellent piece of legislation that would make positive change in our communities and, yes, keep our communities safer. I hope that the members opposite will help us pass this bill as soon as possible.
In essence, the proposed amendments in Bill C-48 would make it more difficult for those engaged in repeat violent offending to get bail. In order to accomplish this objective, the bill proposes, among other important amendments, to, first, create a reverse onus to target serious repeat violent offending involving the use of a weapon; make certain firearms offences subject to reverse onus at bail; and broaden existing reverse onus to target repeat offenders of intimate partner violence, or IPV. This point number three is very important as intimate partner violence usually means that women are being impacted by their partners. We as a government, since day one, have been working on these issues to ensure all citizens feel safe, especially women, in their homes, in their neighbourhoods and on the streets and I applaud this.
Before elaborating on the proposed amendments, I am going to take a moment to situate these reforms within the existing bail regime. As members know, bail is when a person charged with a criminal offence is released from custody while awaiting their trial or the outcome of their case. Accused persons are presumed innocent until they have been found guilty of the offence charged and have a constitutional right not to be denied reasonable bail without just cause. This is why typically the prosecutor bears the burden of showing why the accused person should be denied bail and detained in custody. The prosecutor must show that the detention of the accused person is necessary to ensure their attendance in court, for the protection or safety of the public including a victim or witnesses, or to maintain confidence in the administration of justice. A reverse onus shifts the burden from the prosecutor to the accused person. It requires them to show why pretrial detention is not justified. This is an exception to the general rule and reflects Parliament's intention that it be more difficult to obtain bail in certain circumstances or for certain kinds of serious offences.
Through these reverse onuses, Parliament signals the importance of considering certain offences by accused persons differently at bail to advance the critical purposes of the bail system including the protection of public safety and maintaining confidence in the administration of justice.
Bill C-48 would create a new reverse onus for accused persons charged with an offence that is punishable by at least 10 years of imprisonment, which involves violence and the use of a weapon if the accused was previously convicted in the last five years of an offence for the same criteria. In addition, the bill would make certain firearms offences also subject to reverse onus at bail. These offences are unlawful possession of a loaded, prohibited or restricted firearm, breaking and entering to steal a firearm, robbery to steal a firearm and making an automatic firearm. These amendments are the product of significant collaboration among federal, provincial and territorial engagement, collaboration and co-operation. For instance, the offence of unlawful possession of a prohibited or restricted firearm is proposed to be added to the list of offences that will be subject to a reverse onus at the request of all the province and territories outlined in an open letter to the Prime Minister of Canada.
This bill also addresses concerns about the use of bear spray and blade weapons expressed by some jurisdictions and is consistent with the recommendations of key stakeholders, including police organizations. These amendments also complement the federal government's ongoing efforts toward gun control and reducing gun violence. All 13 premiers and law enforcement groups across this country support Bill C-48. If Conservatives care more about the public safety of Canadians than about petty political games, they will help us pass this bill today.
Mr. Ron Liepert: We did. You did update it.
Mr. Francesco Sorbara: I know. I would now like to turn to Bill C-75, which has been the subject of much debate recently. My thanks to the hon. member from Calgary.
Hon. members may recall that the former Bill C-75 made the most recent set of amendments to the bail regime, amendments that were informed by extensive consultation with the provinces and territories and that were debated and voted on in Parliament.
The former Bill C-75 did not change the law on bail. It codified binding Supreme Court of Canada decisions and sought to reduce the number of accused persons in pretrial custody for low level, non-violent offences. It also enacted a reverse onus for accused persons charged with an offence and involving intimate partner violence if they have a prior conviction for violence against an intimate partner. This amendment effectively made it harder for those accused of repeat intimate partner violence, or IPV, to obtain bail. This bill would again strengthen this reverse onus by ensuring that it applies not only to previously convicted persons, but also to those previously discharged of an IPV-related offence. Offenders who are discharged of an offence are found guilty but are not convicted, in appropriate circumstances, in order to avoid the implications of having a criminal conviction. Again, it is so important that intimate partner violence be reduced in Canada. We know that every year countless numbers of women are killed by their partners and we must put a stop to it with all the tools we have available. Through Bill C-48, we are acting on that.
I am going to take a moment to remind hon. members of the systemic discrimination inherent in Canada's criminal justice system. In developing Bill C-48, the federal government was mindful of the potential impacts on indigenous people, Black persons and members of all vulnerable groups, such as accused persons facing mental health or substance abuse challenges who are already overrepresented in pretrial custody. That is why this bill proposes targeted amendments to the bail regime and addresses violent offending specifically.
Any reform to the current bail regime must seek to promote community safety and reinforce public confidence in Canada's bail system, while also considering and attenuating any potential disproportionate or negative impacts on these groups.
Ministers of justice and public safety across the country have agreed that both legislative and non-legislative action is required to ensure that our bail system operates as intended. We know from key stakeholders that enhancing public safety requires non-legislative solutions such as improving reintegration programming, allocating our resources to community-based bail supervision and enforcing bail conditions. I am pleased to see that all levels of government are stepping up to take action within their respective areas of responsibility.
In conclusion, I firmly believe that Bill C-48 as a direct action taken at the federal level strikes the appropriate balance in promoting community safety, reinforcing public confidence in how Canada's bail system deals with repeat violent offenders and in respecting the Charter of Rights. I am glad to see that all members have come together to pass this bill with unanimous consent.
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Madam Speaker, the member left out of his remarks that, under the government over the past eight years, we have seen the reversal of a decades-long trend of lower rates of crime and lower rates of incarceration. We have also seen the emergence of chronic, repeat violent offenders running amok in Canadian cities and burdening local police, who repeatedly arrest the same people. They arrest them over and over again. This bill is, in part, damage control; it is undoing what the government did in its first Parliament.
Will the member take this opportunity to admit that the Liberals' approach has been wrong and that they will be reversing the approach that got us to this point?
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Madam Speaker, as a government, we have collaborated and acted in unison with provinces, territories and police organizations to come up with a bill, Bill C-48, that is charter compliant. It also brings in a number of provisions to make sure that our streets, our communities and our families feel safe. We want them to know that they are safe, the law is on their side and they can enjoy their livelihoods and their families. Kids can be in their communities, and their families will know they are safe.
We have three daughters at home and lots of kids in our neighbourhood. We understand the issue of property crime. We want to make sure that all Canadians feel safe in their communities, and this bill is one large step in that direction. It is great to see that unanimous consent was received from all parties regarding Bill C-48.
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Madam Speaker, it is always a pleasure to rise on behalf of the people of Kamloops—Thompson—Cariboo.
Obviously, this bill will be passing with unanimous consent, but I would like to get my hon. colleague's thoughts on something. Yes, we did pass this with unanimous consent, but I feel as though Conservatives were ready to do that from the get-go. However, it took the Liberal government 246 days to table the legislation after the premiers wrote their letter.
Can my colleague comment on what appears to be a discrepancy between words and action?
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Madam Speaker, it is great to see the hon. member for Kamloops—Thompson—Cariboo back here in Ottawa. Our families have known each other for approximately six decades, if I am not mistaken.
As a government, we are always taking action to protect the citizens of this country, as well as to ensure that our streets are safe and our families are even safer. That is a very important priority for all 338 members of Parliament here. Our citizens sent us here to ensure that we do the right thing. Bill C-48 is a great piece of legislation that will keep Canadians even safer.
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