44th Parl. 1st Sess.
September 18, 2023 11:00AM
Mr. Speaker, once again, I am a bit perplexed by the question, since Bill C-48 specifically addresses the question around the use of illegal weapons in the commission of crimes and it creates an additional reverse onus.
That means there are additional requirements of those who have been found in possession of illegal weapons. They must demonstrate why they are not a threat to public safety and why they should not be detained before trial.
That is exactly what Bill C-48 is doing. That is exactly what the bill is responding to, which is the demand from the premiers. That is exactly what law enforcement asked for.
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- Sep/18/23 2:06:43 p.m.
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Mr. Speaker, crime, chaos and disorder, this is the Prime Minister's legacy after eight years of the NDP-Liberal government.
Violent crime is up 39%. Vancouver homicide is up 55%. B.C.'s London Drugs reports a 500% increase in violence in its stores. Vancouver's JJ Bean Coffee Roasters has closed for good due to crime.
Canadians are living in fear, businesses are closing and the new justice minister says that it is all in their heads.
Vancouver's Light Up Chinatown festival ended in a triple stabbing by an accused who had stabbed his own teenage daughter to death. Celebration turned into fear and tragedy. On top of this is the out-of-control release of government-funded free hard drugs. Overdose is the leading cause of death among B.C. youth.
We need jail, not bail, for violent repeat offenders; mandatory prison time for violent crimes; treatment and recovery for those struggling with addictions; common sense not nonsense. Let us bring it home.
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Madam Speaker, some of the reverse onus provisions in this bill apply only to violent offences with a weapon. I wonder why the government did not include other violent offences where a weapon was not used. Does the member believe that these crimes are less serious? Conservatives have been calling for a total repeal of Bill C-75. Why did the government not do that?
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Madam Speaker, in response, I do not believe that my hon. colleague who mentioned this was providing any sort of evidentiary basis or any sort of statistics to prove that.
Whether something is trivialized is obviously in the eye of the beholder. My point was that, when we talk about different things, it is my view that these types of offences can become very serious. We are not talking about dealing with people who have one-off offences. Nobody is asking to lock people up and throw away the key for somebody who messes up.
We are looking at a subset of serious offenders who disproportionately commit a significant number of offences. I believe our leader will be the next prime minister. When he says we should be targeting these people who have committed a disproportionate number of crimes, that is not something to trivialize. Those are the people we should be addressing in our legislation.
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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, 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, it is always a pleasure to rise on behalf of the people of Kamloops—Thompson—Cariboo.
One of the things my hon. colleague highlighted is the fact that what we are dealing with is really a small piece of the overall crime pie. The pie itself, and the difficulty that we are in, really lies with the Liberal Party, whether it be Bill C-75 from the last Parliament, Bill C-21 or Bill C-5. We now have sexual offenders or people who have committed serious gun crimes who can serve their sentence from the comfort of their home.
I would ask my hon. colleague this: How much further do we need to go, and is this going to help in a meaningful and significant way?
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Madam Speaker, let me first echo the comments of the Leader of the Opposition in response to the news earlier today and offer my sincerest condolences to the family of Hardeep Singh Nijjar, who was murdered near my home in Surrey.
Crime, chaos and disorder is the Prime Minister's legacy after eight years. This is the direct result of his dangerous soft-on-crime policies. Canadians' lives and sense of security are being destroyed in record numbers by criminals who should never have been out roaming the streets in the first place. Canadians are not feeling safe in their communities, on public transit, at public events or in coffee shops. They are rightly worried that they may be the next victim of the Prime Minister's crime wave.
The government's own statistics illustrate a stark reality. Violent crime has gone up 39%. Gang-related homicides are up 108%. Sex crimes against children are up 126%. Gun crime has increased every year and is up over 100% since 2015. The Prime Minister's response is to go after law-abiding hunters.
Across the country, murders are up 43%, the highest rate in 30 years. In Vancouver alone, murders have gone up 55%, and firearms-related offences are up 22%. In the last seven months alone, eight police officers were killed in the line of duty. There were eight in seven months. These statistics are alarming. We in the federal government, charged with national security, can never forget that they are more than statistics. These are real crimes happening to real people, with devastating consequences.
There are commuters carjacked at gunpoint, students lit on fire on the bus, teenagers stabbed at the subway and executions in the street, parking lots and driveways. This crime wave is a direct result of Liberal legislation passed, which was sponsored by the most radical minister of justice in Canadian history, the member for LaSalle—Émard—Verdun. His bill broke the bail system. Where is he now? He is no longer in cabinet. Under his bill, Bill C-75, the catch-and-release act, violent offenders are arrested, then released on a promise that they will appear in court. They then commit another offence within hours. They have time and opportunity to commit crimes literally morning, afternoon and evening.
Take Vancouver, for example. As my colleague just mentioned, the same 40 offenders were arrested 6,000 times in a single year. That is 150 arrests each. Last year in Toronto, there were 17 gun-related murders committed by violent criminals out on bail. This summer in Edmonton, a father of seven children was stabbed in the chest, murdered at a transit station. Again, the accused was out on bail. The crime wave is evident in B.C. as it is elsewhere. In Surrey last April, a 17-year-old boy named Ethan Bespflug was stabbed and killed on a bus. A few days later, a young man was stabbed on the SkyTrain. In August, a man was shot in the face at a Surrey bus stop.
Recently, at Vancouver's Light Up Chinatown! festival, meant to bring the community together, a man who previously had murdered his teenage daughter by stabbing her stabbed three people. Last Thursday, Vancouver police arrested a man for four assaults committed in the span of 45 minutes. He used a chain and a concrete block.
One of the most horrific incidents in downtown Vancouver was last March. It was videotaped and shown on social media. A man standing outside a Starbucks was brutally and senselessly attacked, stabbed to death in front of his wife and daughter in broad daylight. We are talking about mothers and fathers, sons and daughters, brothers and sisters, friends and neighbours.
Sadly, the urgency of this crime wave seems to be lost on the new Minister of Justice. Just days after he was sworn in, he said, “'I think that empirically it's unlikely” Canada is becoming less safe. He is in complete denial of the dangerous reality on the streets. He is telling victims of crime and Canadians who are rightly concerned, many living every day in fear, that it is all in their heads. Even by Liberal standards this was a ridiculous statement. Frankly, he should apologize for it.
For Liberal elites in their ivory towers, understanding the reality Canadians are facing in our communities is a difficult concept. I am pleased to see that the Liberals have finally woken up and are paying some attention to the heinous violence committed by criminals on bail. They should be listening to the experience of frontline law enforcement officers.
Constable Shaelyn Yang was tragically and senselessly stabbed to death while on duty by a man who was arrested for assault and out on bail on the condition that he would appear in court. He failed to appear. A warrant was issued for his rearrest, and when Constable Yang found him living in a park in Burnaby, he murdered her.
The case of Constable Yang is sadly not isolated. Last December, Constable Greg Pierzchala was shot and killed in the line of duty. The accused was out on bail, had a lengthy criminal record, including assaulting a peace officer, and was the subject of a lifetime firearm prohibition. Did I mention that he was shot?
Following this despicable murder, all 13 premiers wrote a joint letter to the Prime Minister demanding urgent action. Finally, after public blowback, the united call for change from the premiers and fierce criticism in the House from the Conservatives, the Liberals have admitted that they broke the bail system.
Today the Liberals have brought forward Bill C-48. We should all support this bill because it imposes a reverse onus on certain firearms offences and requires courts to consider the violent history of an accused. This is the reason the Conservatives asked for unanimous consent to pass this bill today. The NDP initially denied consent but has since agreed with the Conservatives that this bill should be passed today at all stages.
It is our view that Bill C-48 is a good start but still falls short, and a Conservative government will take steps to strengthen it. The legislation in its current form ignores several key recommendations put forward by the premiers, including the creation of a definition within the Criminal Code for serious prolific offenders and to initiate a thorough review of Canada's bail system.
Under Bill C-48, the accused killer of OPP Constable Pierzchala and countless other repeat violent offenders would have still been released back into the community. Under pressure from the Conservatives, the Liberals have now proposed a partial fix to an obviously broken bail system. The Conservatives can be counted on to fight for common-sense, thorough and meaningful improvements when we form government. It remains doubtful that the dangerous NDP-Liberal coalition will ever put the rights of victims ahead of the rights of criminals.
Last year, this coalition passed Bill C-5, removing mandatory prison time for serious crimes, including robbery with a firearm, extortion with a firearm, discharging a firearm with intent, drug trafficking and the production of heroin, crystal meth or fentanyl. Bill C-5 also expanded the use of house arrest for several offences, including criminal harassment, kidnapping and sexual assault.
Thanks to NDP and Liberal MPs, those who commit sexual assault can serve their sentence at home in the same community as their victim. Think about that. The Liberals and the NDP would rather be on the side of violent men than their female victims. There is perhaps no greater example of this than the case of Paul Bernardo, a notorious serial rapist and killer of teenage girls. The Liberals allowed that monster to be transferred out of maximum security and into medium security over the objections of the victims' families. We brought a motion to the House calling for Bernardo to be returned to maximum security but Liberal members denied consent.
All of this is proof that the Liberal Party and its partners in the NDP cannot be counted on to protect victims or to restore safe streets. For that, we need a change in government. A common-sense Conservative government will bring home desperately needed safety to our streets, and we will do it by ensuring that prolific offenders remain behind bars while awaiting trial. The days of catch and release will be over.
After eight years, crime, chaos and disorder in our streets is the new normal. It should never be normal. Conservatives know we have a lot of work ahead, but we will fix our broken bail system and bring back safety to our communities.
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Madam Speaker, my hon. colleague's speech was pretty wide-ranging and touched on a number of things. It contributed to the debate, but in some cases it did not.
We are talking about bail conditions and how we deal with people who commit crimes on bail. The member raised the tragedy outside the Starbucks in Vancouver, where Mr. Schmidt was knifed to death. However, that was by a person who was not out on bail, so I am not sure what that has to do with the legislation that is under consideration.
The current bail law in this country is that bail can be denied when an accused's criminal record is taken into account, particularly if they have failed to comply with past bail conditions or court orders. It is the law now that bail can be denied by a judge if someone has failed to comply with bail conditions in the past or if they have a repeat criminal record.
Could the member explain to us why she thinks the current law is not sufficient to keep those people in jail pending their trial, when that is the law right now?
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