SoVote

Decentralized Democracy

Ontario Assembly

43rd Parl. 1st Sess.
April 3, 2023 10:15AM
  • Apr/3/23 1:20:00 p.m.

The Solicitor General has moved government notice of motion number 13.

Back to you.

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  • Apr/3/23 1:50:00 p.m.

I rise in full support of the motion now tabled by my honourable colleague the Solicitor General of Ontario. I rise in support of this motion because, well, I’m a human being; because I’m a member of my community; because I have relatives, loved ones, neighbours and friends who are fearful of what this city is becoming; but also because I try my hardest to represent the views of the people who elected me—the young and the old, the well-to-do and the dispossessed, the connected and the voiceless. I seek to represent everyone in my constituency. Don’t we all? But above all, I am a citizen, and I am a believer in the concept of civility versus chaos, of right and wrong. And today—in the spirit of this motion—I see a lot of wrong stalking my city. I see it across Ontario and across Canada. Be honest, my honourable colleagues: You see it too. In large part, it takes the form of a system of justice that favours the perpetrator over the victim. It’s a system that seeks root causes, when those root causes too often lie at the tip of a knife or the muzzle of a gun, or a can of flammable liquid and a match, or the raw, bare hands of a strangler. It is a system that assumes the best of the worst among us. And it has got to stop.

Canada needs meaningful bail reform. Serious violent offenders, offenders convicted of intimate partner violence, repeat violent criminals, offenders caught with illegal guns are all being released back onto our streets. As a result, many Ontarians are now afraid to walk down the street or take public transit for the first time in decades.

The people of Ontario are right to be frustrated by the failures of Canada’s justice system. Yet despite repeated demands from every single Premier across this country, led on this critical issue by Premier Ford, Ottawa has continued to resist making the necessary changes to keep our communities safe.

I fully recognize that there have been two distinct manifestations of random violence on our streets, subways, buses and streetcars in the recent months: those who are homeless and often have psychological challenges or challenges with addictions, who may have sought shelter from the weather in our transit system—they deserve our compassion, the right treatment, and comfort from the cold. But there’s a second category—and this is the point of my remarks in the House today, and indeed to this motion: those who are inherently violent and calculating; those who have committed offences in the past, often many times, and often violent offences at that, who are turned back onto our streets time and time again.

It’s all because of—let’s call it what it is—a perverted part of our federal justice system that essentially says, “Let’s give them one more chance, and then another, and then another, and then another.” And as we all know now, it has happened in our city again.

Speaker, this matter is very personal to me, as the member of provincial Parliament for Etobicoke–Lakeshore. We’ve seen the violence on our TTC creep into our neighbourhoods.

Tragically, just last week, as the minister mentioned, Gabriel, a teenager of just 16 years of age, was murdered on the TTC by a repeat violent offender out on bail. This hits too close to home. As the CBC reported on March 28, a young felon, charged with the unprovoked stabbing death of a 16-year-old boy at Keele subway station three days previously, had a rap sheet as long as your arm. He had been in and out of prison, both here and in Newfoundland and Labrador, over several years. He was wanted on an outstanding warrant for breaching probation conditions. Charges against him included low-level fraud, theft, mischief, arson, uttering threats, and failing to comply with court orders. He had been ordered not to possess any kind of weapon. He had previously been charged with one count each of assault, obstructing a police officer and failing to attend court. Yet despite it all, an innocent 16-year-old boy has been robbed of his future and snatched from his family forever.

But as all members of this House well know, this grisly roll call doesn’t end there. Here is just a sampling of the carnage in Ontario alone, with thanks to a January 17 National Post article:

On January 11, a 19-year-old Mississauga man was stabbed from behind by a suspect out on bail for a series of alleged violent crimes.

Last December 14, Peel police charged a man with two counts of attempted murder after he allegedly fired a gun into a group of men during an argument. He, too, was out on bail and was already wanted by the Toronto police for second-degree murder and attempted murder.

Last December 27, a man already out on bail for a string of firearms charges and assault on a peace officer was charged with murder in the death of a rookie OPP constable.

And on January 16, one of four accused in a violent London, Ontario, gold dealer robbery, during which the owner was shot dead, was granted bail, even having been found to be previously on bail after leading police on a car chase. That charge was laid while the suspect was already out on bail for gun charges.

So what do we do to end this litany of horrors thanks to what has come to be called Ottawa’s “catch-and-release” policy regarding violent offenders?

You could ask the federal justice minister, David Lametti. On March 7, he told the National Post, “I believe our bail system is strong and sound, but we are always open to suggestions for improvements.” I’ll just leave that one hanging out there for a second.

Or you could ask the honourable Leader of the Opposition, right here in the chamber. On March 28, in Brian Lilley’s column in the Toronto Sun, the member was referred to as follows in her response to calls for more police to tackle this epidemic:

“Stiles said calls for more police were fruitless and just Ford playing politics.

“‘The solution is to address the root cause. We have a homelessness crisis. We have a mental health and addiction crisis,’ Stiles said.”

At least the latter part is true. But as noted earlier, we also have a crime crisis—a crisis of hardened criminals repeatedly let loose on our streets to reoffend, re-assault and often re-murder again and again and again.

On the matter of improvements: In our most meaningful attempt to remedy these lax federal bail rules to date, this House convened special legislative justice committee hearings over January 30 and January 31, inviting expert testimony on how reform to these laws could hopefully save lives. As parliamentary assistant to the Solicitor General, I took a lead role in these hearings, with my colleague the member from Sarnia–Lambton.

Here, in my mind, is the key quote from sworn testimony—this one is from a question put forth to OPP commissioner Thomas Carrique: “Yes, I do believe that bail reform will save lives. The experience of police officers in our communities will testify to that. The data where we see ... violent offenders while out on bail committing further violent acts will corroborate that.”

Throughout these hearings, we heard a constant and concerning theme: Serious violent offenders, those previously convicted for intimate partner violence, repeat violent criminal offenders, and thugs caught with illegal guns are being routinely released back onto our streets thanks to the dysfunction of the Canadian bail system.

Our committee’s report, unanimously supported by all three parties, was tabled in the Legislature on March 20, 2023.

The time for stalling and excuses from Ottawa is over. The time for action is now. Until that happens, our government is doing everything we can to confront violent crime within the scope of our own jurisdiction.

In addition to demanding criminal justice reform from the federal government concerning bail rules, led by Premier Ford, with the support of all Premiers, we have hired more correctional services and parole officers for Toronto detention centres. We have deployed new technologies to deter carjacking, and we have committed $75 million to fight cross-border guns and drugs by disrupting gang activities and their revenue streams. This investment also created a guns-and-gangs mobile prosecution unit, to name just a few initiatives, all designed to keep our community safe.

Speaker, in my role as MPP for Etobicoke–Lakeshore, every time I head out for constituency events I hear about the sense of outrage expressed by the people in my riding—I spoke to a man just on Friday, and I told him to watch, so, hopefully, he is watching—that follows the daily headlines of acts of violence committed by offenders out on bail. “Can’t you do something?” they ask. As parliamentary assistant to the Solicitor General, I always feel as though I’m making excuses when I try to explain that the Criminal Code and its bail and parole provisions are Ottawa’s responsibility.

But now, the ball is firmly in Minister Lametti’s court, thanks to the leadership of Premier Ford in marshalling the support of every single province and territory and pushing for an end to catch-and-release.

As the National Post so ably put it a short while ago, “It’s hard to get all 10 Canadian provinces to agree on much, but last week they agreed that the state of the country’s bail system is a disaster.” It all so simply is a disaster.

In fact, it is so commonsensical that I remain astonished that more people in positions of authority just don’t get it still today—and it goes like this: “Commit the crime? You do the time.”

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  • Apr/3/23 4:10:00 p.m.

I appreciate the opportunity to rise and speak to this motion today. And of course, thank you to the Solicitor General for bringing it forward. I also want to obviously thank the Premier and the work that he has done across the Council of the Federation to highlight this and to make sure that across this country, we are all focused on the same thing, and that is ensuring that repeat violent offenders are put in jail and are left in jail.

I had actually thought, frankly, that this would be an easy motion that we would have before the House, that there would be complete agreement on the wording of the motion and that there wouldn’t be a bone of contention or disagreement between members on either side of the House. That’s what I had thought. Of course, the motion that was presented by the official opposition completely destroys that thought. And I’ll get to why I believe that, because we are hearing in this debate the ongoing problem that we have not only here in Ontario, but across this country.

It could not have been an easier motion. The motion is very simple: “‘This House calls on the federal government to implement reform to the Criminal Code to address dangers facing our communities and implement meaningful bail reform to prevent violent and repeat offenders from being released back into our communities.’ And that the said address be engrossed.” That was it. That was the motion. Now, why such a simple and easy motion? Because one would assume that we can all agree that violent and repeat offenders should not be released back into our communities. So to avoid discussions and long, intertwined debates, we made a simple, easy motion that we thought all people on both sides of the House could support. But of course, that’s not where we’re at. It then turns into a debate on all kinds of other things.

Now, Madam Speaker, there was a committee report. The standing committee on justice did have a report. This report highlighted many of the things that many of the opposition are talking about, right? It highlighted a number of reforms that needed to take place. It heard from a number of witnesses that talked about mental health reforms. And we can debate that as much as we want. We can debate mental health; we can debate housing, and we do that every single day. We do that every single day. We can debate the amount of police on the street; how our justice system is working. But surely to goodness, this House can agree on a very simple and easy motion that repeat violent offenders be not allowed out on bail.

Now, the report that was issued by the standing committee was a unanimous report. A unanimous report by this Legislature did not contain the motion that was brought froward by the member from Toronto Centre.

Let’s talk quickly about the motion. So I’ve read for you, Madam Speaker, the original motion. The amendment says the following: “Delete everything after ‘implement’”—so if we had agreed with this motion, we would be deleting “meaningful bail reform to prevent violent and repeat offenders from being released back into our communities.” The NDP, the official opposition, want us to delete that. Then they go one step further in also wanting us to delete any message to the federal government through the House and the Senate. They want us to delete that and then replace it with the following: “meaningful bail reform to more appropriately evaluate”—“evaluate.”

Interjection.

We heard from the commissioner of the OPP—and we heard it not only just at committee. Let’s be clear: When the commissioner of the OPP went before the microphone shortly after the death of Constable Greg, he could not have been more forceful, more passionate in calling on the federal government to make reforms. At committee, he described the murder as preventable and said that he was outraged at the fact that someone with the suspect’s history had been able to make bail. The commissioner said that something had to change. That was what the commissioner said.

We have seen, not only just with Constable Greg—that one, frankly; honestly, this is a repeat, violent offender, who then was let out and then ambushed a police officer, an OPP officer, and killed the officer, because he was out on bail. We can, again, have a discussion to our heart’s content—we can have that discussion on homelessness, on housing, on what our jails should look like. Does it appropriately represent marginalized communities? We can have that debate any time we like. Motions can be brought forward.

In fact, the report from the committee, unanimously adopted, could have said those very same things. There could have been a debate on those things when this report was deposited in this House and we adjourned debate. There could have been an additional debate on those things, but there wasn’t. There could have been an additional minority report on those things, but there wasn’t.

When called on the floor to support something that just seems common sense, you then get the weasel words. You then get the obfuscation and the moving around, anything to avoid doing what a majority of the people of the province of Ontario—what common-sense Ontarians and common-sense Canadians from across this country want. We have seen this time and time and time again.

They talk about things like more consultation and more consultation and more consultation. Well, we see what that has meant to our communities, right? When I was a federal member of Parliament, we brought in legislation that saw the crime rates in this country dip. We saw the end of the summer of the gun—it didn’t exist; it went down. We saw people jailed for things that they had done. We saw crime rates steadily decrease which had been increasing constantly across this country. When those meaningful, difficult sentences were removed, what did we start to see? Crime rates started to increase, over and over and over again.

It’s not just based on the fact that we have had a very difficult and challenging time across this country with respect to—it’s not just Constable Greg. We have seen in communities across Ontario, across Canada, police officers come under threat. It’s not just about police officers, though. It’s not just about police officers. It’s about families. It’s about students. It’s about new Canadians. It’s about all kinds of people. If you live in this country, you want to live in a safe community.

One of the things about Canadians is that we are a compassionate people, so we do agree that people should be given the benefit of the doubt. That’s why we have a justice system that will reflect on that. That’s why we have all kinds of rules in place, and judges have the ability to make decisions, to look at the case before them, look at the record of the accused or the gentleman or woman or person found guilty of a crime and to determine whether that person—if it’s a first offence, the degree of the harm and make those decisions.

However, most Canadians I think would agree, Madam Speaker, that—and I’m going to say it a million times, because I want the opposition to be uncomfortable. They should be uncomfortable by their amendment. And I see them shaking their heads, right? They’re all shaking their heads, because they don’t want to directly vote on this. They think by making an amendment that takes away the meat of what it is that Canadians want to do, what it is that Premiers across this country want to do—whether it’s a Conservative, Liberal, or NDP, Premiers have asked for the federal government to do something. Now we heard from the member for Toronto Centre, “Well, they said they’re going to do it.” Great, then do it. Then do something.

The reason we’re having this debate here is to give them assistance in bringing the reforms forward. The reason why we’ve engrossed that to the Parliament, both the House of Commons and the Senate, is because we wanted them to hear a unified voice from the people of the province of Ontario. It was the Premier who started the leadership on this, but we wanted them to hear a unified voice from the people of the province of Ontario that we have simply had enough, that we expect them to make change. We don’t need any more consultation. We have heard from the experts what has to happen when it comes to repeat and violent offenders.

We’ve also, granted, heard about other reforms that have to happen here in the province of Ontario, as is highlighted in the report—this report—that the committee tabled in this House, that was accepted unanimously.

By removing and changing it to “evaluate,” we’re in the exact same spot that we have been over the last number of years. We have to evaluate everything. What is there to evaluate?

And it goes one step further by then removing the wording that we would then send a message to the federal Parliament. “Why would we want to do that,” you’d say. “Why would we want to send a message to the federal government?” Because the federal government is in a minority. It is a minority federal Parliament, and they should hear a unified voice of the Parliament of the Legislative Assembly of Ontario.

Let’s not forget that the balance of power, yet again, in Ottawa is held by the NDP. It is held by the NDP. So the member for Toronto Centre says, “Well, he says he’s going to do it.” Well, if he says he’s going to do it in Ottawa, and this is what we’re getting in the province of Ontario from the NDP, which is to eliminate anything that would put violent offenders back in jail or remove their bail, then what type of reforms are we going to get from a minority Parliament where the balance of power is held by the NDP?

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