44th Parl. 1st Sess.
October 16, 2023 11:00AM
Madam Speaker, I am pleased to have the opportunity today to speak today to private member's Bill C‑325, and especially to hear from colleagues who agree with me in opposing this bill. I had the pleasure of attending some of the meetings of the Standing Committee on Justice on Bill C‑5, and I heard some arguments there that are very important for understanding what is going on here.
Bill C-325 was introduced by the member for Charlesbourg—Haute-Saint-Charles.
The sponsor said that the purpose of the bill is to strengthen the parole system and ensure that violent offenders can never receive a conditional sentence.
I cannot support Bill C-325. It would undo some of the important work of Bill C-5, which I was proud to support. The objective of Bill C-5 was to amend sentencing laws that exacerbated underlying social, economic, institutional and historical disadvantages, which not only contributed to systemic inequalities in the criminal justice system, but also made Canadians less safe. It was intended to address the reality that increased justice system involvement, including through overreliance on incarceration of low-risk offenders, can increase the risk of recidivism and undermine the reintegration of offenders, especially among indigenous people, Black persons and members of marginalized or racialized communities, who already experience incarceration at higher rates.
Issues of systemic racism and discrimination in Canada's criminal justice system are real. They have been confirmed by commissions of inquiry such as the Truth and Reconciliation Commission, the National Inquiry into Missing and Murdered Indigenous Women and Girls and the Commission on Systemic Racism in the Ontario Criminal Justice System.
A higher number of indigenous offenders are sentenced to custody than non-indigenous offenders. In 2017-18, indigenous people accounted for 30% of adult admissions to provincial or territorial custody and 29% to federal custody, while representing 4% of the adult population. Reinstituting measures to constrain judicial discretion, as proposed by Bill C-325, would reverse reforms made to counter systemic discrimination. Mandatory sentencing policies such as restrictions on the ability to impose conditional sentences have worsened Canada's overrepresentation problem by limiting the circumstances where a judge can exercise restraint in the use of imprisonment.
Some hon. members, including the bill's sponsor, may highlight outlier cases to justify the reforms proposed in Bill C-325. It is important to understand that the current framework is intended to allow conditional sentence orders only for offenders facing short terms of imprisonment and only where it is determined that serving their sentence in the community does not pose a risk to public safety. When imposed, conditional sentences include strict conditions, such as non-contact orders with victims, house arrest and mandatory counselling or treatment for substance abuse. Judges are the best actors to decide on punishments that are appropriate to crimes, not my Conservative colleagues.
In 2021, the House of Commons Standing Committee on Public Safety and National Security undertook a study of the circumstances that led to the tragic murder of a young woman by an offender on day parole. None of the recommendations formulated by that committee proposed the creation of an offence like in Bill C-325. Rather, the five recommendations related to the promotion of information sharing, better case management and additional resources for effective community supervision and improved training.
Tough-on-crime approaches, including restrictions on judicial discretion and the availability of conditional sentencing orders, made our criminal justice system less effective. Bill C-325 would send many lower-risk and first-time offenders, including a disproportionate number of indigenous people and Black persons, to prison without deterring crime or helping to keep our communities safe.
Bill C-325 wants to pull us back in the wrong direction by needlessly increasing the use of imprisonment for offenders deserving of less than two years' imprisonment and by criminalizing non-criminal behaviours, like breaching a curfew. Creating a new offence for breaching conditional release flies in the face of conscious efforts made by Parliament to reduce delays by ensuring that the valuable time of judges and court resources is not being spent on dealing with the administration of justice offences, such as a failure to comply with a court order or terms of a conditional release.
This bill would increase contact with law enforcement and the stigma associated with criminal justice system contact, which would undermine offender reintegration. It would interrupt support and reintegration services and have adverse resource implications, without added public safety benefits. Bill C-325 rejects advice from experts. We need policies that will keep Canadians safe while prioritizing long-term community prosperity.
It has been established that greater justice system involvement can increase the risk of recidivism and undermine reintegration of offenders, especially among indigenous people, members of marginalized or racialized communities, and individuals suffering from mental illness, because those groups already experience incarceration at higher rates.
The government is determined to prevent violent crime, which includes gender-based violence and all forms of sexual violence, through investments and concerted efforts. This is why, in June 2017, we announced It’s Time: Canada’s Strategy to Prevent and Address Gender-Based Violence. Following its launch, the Government of Canada worked with provincial and territorial partners to develop the national action plan to end gender-based violence.
Budget 2021 announced over $600 million in additional funding to build on work addressing gender-based violence in Canada. Of this amount, Justice Canada was allocated $112 million over five years for initiatives that work to assist victims and survivors of sexual assault and intimate partner violence in making informed decisions about their particular circumstances, to reduce retraumatization, to increase confidence in the justice system's response to gender-based violence and to improve support and access to justice.
The reforms included in Bill C‑325 would also go against the key pillars of the federal framework to reduce recidivism, which focuses on factors such as housing, education, employment, health and positive support networks. These pillars help offenders meet the objectives of rehabilitation and reintegration instead of increasing the use of imprisonment for low-risk offenders.
It is imperative that we do not scale back important reforms intended to root out systemic racism and to ensure a more effective justice system for all.
For all these reasons, I would urge all the hon. members to oppose Bill C-325.
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Madam Speaker, I address the House today as an MP, but also as a trained criminologist. We are talking about Bill C‑325, an act to amend the Criminal Code and the Corrections and Conditional Release Act. I will skip ahead and confirm that the Bloc Québécois and I, obviously, will vote in favour of Bill C‑325 so it can be studied in parliamentary committee.
Now, let us have a closer look at the bill.
As currently written, the bill contains only three provisions, but it will still amend two extremely important laws. We are not talking about minor laws here, but about the Criminal Code and the Corrections and Conditional Release Act. I would say that we need to be careful. I always find it worrisome to base a bill that would have such a major impact on our criminal justice system on just one particular case. Obviously, we need to avoid that dangerous pitfall. I am not trying to minimize the tragic death of 23-year-old Marylène Levesque, who was murdered by Eustachio Gallese while he was out on day parole for the October 2004 murder of his wife. What happened to Marylène Levesque is terrible and unfair. It never should have happened. I think we all agree on that. There is no need to discuss it.
Bill C‑325, which was introduced by the Conservatives, would create a new offence for the breach of conditions of conditional release imposed in relation to certain serious offences, with a maximum sentence of two years or at least punishable on summary conviction. This bill would also amend the Criminal Code to preclude persons convicted of certain offences from serving their sentence in the community. Finally, this bill would also require the reporting of such breaches to the appropriate authorities. Those are good things.
The Bloc Québécois generally supports this bill and would like to see it studied in detail and improved in committee. Let me explain why. The Conservatives think that this bill will fill the gaps resulting from the passage of Bill C-5, which allows offenders who commit certain crimes to serve their sentences in the community. However, that is not the whole truth. Some details have been left out. In our society, judges have the discretion to sentence offenders to serve their sentences in the community. Contrary to what the Conservatives would have us believe, judges do take their jobs very seriously. They make their decisions thoughtfully and meticulously, taking a multitude of factors into account. Furthermore, the Parole Board of Canada has the power to revoke parole at any time, and its decisions are not political. The Parole Board is entirely independent.
In Mr. Gallese's case, his release conditions had been breached on several occasions prior to Ms. Levesque's murder, and unfortunately, his parole officer knew that. Worse still, we later learned that she allegedly encouraged him to visit sexual massage parlours, which, I am sure everyone would agree, is totally unacceptable. The Parole Board of Canada could have and should have revoked Mr. Gallese's parole long before this tragedy.
How did we get here? Should we amend the Criminal Code and the Corrections and Conditional Release Act based almost entirely on the circumstances surrounding the murder of Marylène Levesque, as the Conservative Party is eager to do? Obviously, I do not think so. Doing so could prove perilous for our justice system.
In short, Bill C‑325 is commendable but flawed in several respects, for example when it comes to the offences set out in subclause 2(2) that would prevent offenders from serving their sentences in the community.
The range of listed offences is far too broad and is worth scrutinizing and debating in committee, as is paragraph 742.1(c), which seeks to make it impossible to serve a sentence in the community for any offence that carries a maximum sentence of 14 years or more, including altering a firearm magazine.
The issue is not whether the legislation resulting from Bill C‑5 is flawed, because it is, indeed. However, the solutions in Bill C‑325 are not entirely appropriate and may well call into question the integrity of our judges.
The Conservatives' presentation on Bill C‑325 specifically refers to the case of Eustachio Gallese and Marylène Levesque. As a criminologist, I have a lot of problems with this. We do not have the luxury of quickly pushing through words and clauses that have the power to upend the lives of thousands of people.
When we are responsible for the public's safety and well-being, our decisions should be based on verified, empirical data and on as many cases as possible, not on individual cases.
What about all the other inmates with release conditions similar to those of Mr. Gallese who will never commit another crime? Let us consider that very large group of inmates.
Who are we to dictate how they will serve their sentences based solely on one case, on one individual? That is not what our justice system is based on.
Quebeckers and Canadians obviously deserve to have peace of mind, to feel safe as they go about their daily lives. They also deserve to be treated equally in the eyes of law. That is why I urge my esteemed colleagues to vote in favour of Bill C‑325, so that it can be carefully studied at committee and no comma, no inference, no legislative gap will be left to chance. The consequences would simply be too dire.
I would also like to take this opportunity to inform the House that my colleague, the member for Rivière-du-Nord, will soon be introducing a bill to once and for all close the loopholes in the legislation resulting from Bill C‑5.
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