SoVote

Decentralized Democracy

Ontario Assembly

43rd Parl. 1st Sess.
April 4, 2023 09:00AM
  • Apr/4/23 4:00:00 p.m.

It’s my pleasure to rise to speak on behalf of the constituents of Simcoe–Grey on this important motion calling on the federal government to immediately reform the Criminal Code of Canada and strengthen Canada’s bail system to better protect the public and our front-line law enforcement officers.

Those who are repeat violent offenders charged with violent firearms-related offences pose a very real threat to our communities and they need to be kept off the streets—period. In the context of this discussion, that starts with meaningful action and changes to the Criminal Code, an area largely within the jurisdiction of the federal government.

Yesterday in discussion on this motion, we heard comments from across the floor that this motion is largely symbolic, and I reject that proposition, Madam Speaker. We have seen that this is not a new issue. While it is becoming increasingly critical over recent times, in the last eight months in Canada, we have lost eight officers in the line of duty, four of whom died in Ontario. Since 1990, statistics were that we generally lost less than one OPP constable or one law enforcement officer in the line of duty year over year across Canada. We have seen, in this past year, that we have not just a slight blip but a major increase.

But this is also a discussion about public safety. As my friend the member from Cambridge said in his comments, we are seeing public safety threatened, with names like Vanessa and Gabriel, young people with their lives ahead of them whose lives were cut short by needless and arbitrary violence, often at the hands of individuals who, for example, in the case of Gabriel, was wanted for violation of probation and parole terms in Newfoundland and had been wanted for a period of approximately six months.

We are here today discussing what largely has brought this motion into focus. It was the tragic death of Constable Grzegorz Pierzchala on December 27 in the line of duty on his first day as a full-fledged officer of the OPP, having passed his probation period. While making what should have been a routine traffic assist call, he was shot, and a young and promising career was cut short needlessly. The individual who has been charged with his murder was out on bail for violent offences, out on bail for assault of a police officer, out on bail for offences involving firearms and, in fact, had breached his terms of bail, had cut off his electronic GPS bracelet and had been off the charts for over four months. At the time of Constable Pierzchala’s shooting, this individual had been on the streets for four months in breach of his terms for bail.

I echo the outrage of police commissioner Thomas Carrique, who said that not only was his death tragic, but it was doubly tragic because it was needless and it was preventable. That is what is bringing us here today to speak to this motion and the need for change in the bail reform system.

Premier Ford took the action on January 13 of writing to the Prime Minister seeking changes to the bail system and changes to the Criminal Code system to expand the reverse onus provisions that would require an accused to show why they should be released on bail in very certain and specific circumstances, such as violent crimes, intimate partner violence and crimes involving weapons, and particularly guns. That letter was signed by all of the Premiers of the provinces and territories of this country coast to coast to coast, and we heard yesterday how unique that is, how universal the outrage of that event was and how dire the need for change is in that area.

This was not the first call. In October 2022, Minister Lametti met with the provincial counterparts and Solicitors General to discuss bail reform. It has been on the radar, and there has been no action. Even most recently, Minister Lametti, from the federal Liberal government, said that he believes our bail system “is strong and sound” but is always “open to suggestions.” I’m going to suggest that that comment that was made in March of this year is so disconnected from what we are seeing in our communities, in our streets, from law enforcement to civilian safety, that this motion is much-needed to provide the impetus for Minister Lametti to take these calls seriously. We need action; we need changes.

I was a member of the Standing Committee on Justice Policy, and I was there for the vote on MPP Jones’s motion that we study bail reform and report back to this House. I can say that throughout the witnesses over the time that we heard—and this was timely. If we consider that Constable Pierzchala died on December 27 and that motion was brought on January 18, and this committee sat through January hearing evidence, and we heard evidence from over 30 witnesses—a few were written submissions, but most attended in person. You can find the witness list on page 29 of the report to this House. It’s an exhaustive list. It contains law enforcement, senior captains and commissioners. It contains witnesses from the Elizabeth Fry Society, the Canadian Civil Liberties Association, the Canadian Mental Health Association, the Canadian Prison Law Association, Congress of Aboriginal Peoples, the Criminal Lawyers’ Association, the Federation of Ontario Law Associations, and the Institute of Criminology and Criminal Justice. It was a very extensive and thorough hearing because this is an issue that this House and this committee took very, very seriously.

The discussion that came up on many occasions was whether we were broadening the net for bail restrictions or whether we were trying to focus in. What we heard through the evidence that was elicited through the hearings was that there are 2% to 3% of the criminal population, those hardened criminals, who will commit violent offences no matter what the circumstances are. It is this 2% to 3% that we are trying to target. I will talk later in my comments about some of the statistics we heard during those hearings, but it was very compelling, and it was very clear that there is a very small and hardened core of our criminal population who would seem beyond dissuasion, to the extent that, while being out on bail for one offence, potentially a violent offence involving a gun, they will do it again.

We heard instances in Ontario that were referred to by my colleague opposite in his comments yesterday, that there are instances in Toronto of about 60% of those who reoffended while out on bail once and then twice would actually commit a third offence involving a firearm and a violent offence. That is simply unacceptable.

We are not broadening the net in this exercise. We are trying to focus in, with a laser focus on making sure that we can identify who those potential offenders are and make sure that when we get to the bail process, we are putting forward the best case.

Also, we are asking the federal government to make sure that they expand the reverse onus provisions to cover those types of offences so that those individuals will come to their bail hearing not with a presumption that they are going to get out on bail—unless the crown can prove otherwise under the three principles, under the ladder principle and the R. v. Antic decision—but that they must prove to the satisfaction of the court why they do not pose a threat.

If you have committed a violent offence with a firearm or violent intimate partner battery, it seems to me that the balance needs to shift so it is the individual accused that has to show why they pose no threat to the public, as opposed to the current system, where the crown must establish why it is this person poses a threat to public or why potentially their granting bail may bring our justice system into disrepute.

This is what this motion is about. It is a very narrow motion, but it is one of the important recommendations that this standing committee made. There were 12 recommendations made in this report, seven of which apply to the federal government and five of which are for consideration by the provincial government. This particular reverse onus provision is one of the recommendations, and it is this recommendation that is the thrust of this motion.

What this motion being brought forward by our Solicitor General asks the federal government to do is to make changes to the Criminal Code to expand and enhance the reverse onus provisions so that people charged with these types of offences will not be released on the street unless they can establish why it is that they do not pose a threat to public safety or to the administration of justice in our province.

To the comments that we heard from the members opposite yesterday, my point is that this motion is asking for a very narrow, defined remedy that only the federal government can provide and that we think this is a necessary step that should be done immediately.

Constable Pierzchala died on December 27 of last year. I have to say, I was at his funeral in the Sadlon Arena in Barrie, and it was a very sombre and powerful event with thousands of law enforcement personnel and civic mourners from across Ontario. I would like to say that this is the type of event that we hope we only have to attend once.

However, it was my second attendance at the Sadlon Arena for a funeral for front-line law enforcement officers who died in the line of duty. In October of last year, two South Simcoe police officers, Constable Devon Northrup and Constable Morgan Russell, were both ambushed on a domestic disturbance call and died in the line of duty. That’s two funerals too many of this type.

We also have heard of the threat and risk of harm to our population, our residents across Ontario, as depicted by the stories of Vanessa and Gabriel most recently in the subway station in Toronto.

I would like to use some of my time this afternoon to talk about what we heard from the police chiefs and senior police officers we heard from during the course of the hearings at the justice policy standing committee on bail reform.

We heard, as I said, Commissioner Carrique’s comments that the death of Constable Pierzchala was tragic and needless because it was preventable and avoidable, and that his death, in Commissioner Carrique’s opinion, was not an isolated incident, but rather the consequences of a dysfunctional bail system. Commissioner Carrique further testified that it’s not rare to see violent offenders with a history of crime continue to break the law while on bail.

As I said before, this is not coming on the radar, from the police chief’s perspective, just because of recent events. Commissioner Carrique testified that the Canadian Association of Chiefs of Police identified this issue almost 15 years ago and called on the federal government to strengthen bail and sentencing laws back then. And we know from the discussion we’ve heard in this House that the federal Bill C-75, in fact, eroded our bail system and has led and contributed to where we find ourselves today.

The data we saw and heard at the Standing Committee on Justice Policy indicated that in 2021 and 2022, 587 repeat violent offenders who were free on bail committed bail violations that resulted in 1,675 charges for failing to comply. Of those 587 violent offenders, 464 were involved in serious violent crimes while out on bail and 56 of these serious violent crimes involved a firearm.

We also heard from Chief Demkiw from the Toronto police force that in Toronto, they actually were arresting individuals who were out on bail for violent offences, not on one, but on two occasions and were committing a third offence. Speaker, that’s unacceptable. We have to find a way to tighten the net—not broaden the net, but tighten the net to make sure that these 2% to 3% of our criminal population are held in remand pending their trials.

We also heard the impact on our police force from what has been termed a catch-and-release approach to bail. We heard from John Cerasuolo, president of the Ontario Provincial Police Association, who read a statement from a retired officer:

“Catch and release is a very appropriate phrase describing what is happening out there. Over the many years, many of my officers have complained bitterly to me about having to apprehend the same criminals time after time when the criminals were once again released, rather than being held in custody until their charges were dealt with.”

The president of the Police Association of Ontario, Mark Baxter, shared his frustrations with the catch-and-release approach to bail by saying the following:

“Our members are frustrated to work within a system that is not prioritizing community safety. They are frustrated by apprehending a known offender one day and being called on their next shift to the same place, for the same reason, to arrest the same person.... Too often, with each release, the offender’s behaviour has worsened, and their negative choices emboldened, until the day comes that the individual becomes violent, or more violent, and the result is that someone in our community is injured or killed.”

Jon Reid, the president of the Toronto Police Association, was quoted saying his members of the association are “beyond frustrated” with the catch-and release approach to bail and said the following:

“If our bail system is designed and/or interpreted to justify releasing individuals into these circumstances, what message does this send to the community that they’re serving? The simple answer is this: It sends the wrong message to the people who protect our communities and those who seek to live in a peaceful and just society. It erodes confidence in the administration of justice.”

Speaker, our role in this House as legislators is to strike that correct balance to make sure that our public is protected, their safety is respected and that we arm our police officers, our front-line police enforcement, law enforcement personnel, with the appropriate tools to make sure that they can do their job, which is to serve and protect.

We know that we have the Charter of Rights and Freedoms in our country, and we understand the balancing act that requires. But with all that we have seen in the past five years, with the calls going back to 2015, with the most recent events, eight police deaths in the line of duty in the last 10 months across Canada, four of those in Ontario—we’ve seen violent crimes and deaths amongst our civic population, the population that we are elected here to represent, and we need to make sure that we have the tools in place for our law enforcement and for our courts to make sure that our public is protected, while respecting the rights of the accused.

We believe that a requirement for change is necessary at the federal level to change the provisions of the Criminal Code to expand the reverse onus provisions so that bail will be granted to those who have earned it or deserve it, and that is to be determined in the circumstances. We need to arm our front-line crown prosecutors with the tools to make the best arguments to protect our residents. We have lost too many lives needlessly in this province, both in front-line law enforcement and among civilians. It’s time to act.

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  • Apr/4/23 5:00:00 p.m.

It is an honour to rise in the House this afternoon and join this debate to speak about the importance and the urgency of moving forward with the motion, government order 35. I’m proud to speak as the member for Durham in this regard and to speak in support of the government’s motion.

As my colleague the Solicitor General stated in this House, one of our most fundamental responsibilities as members of provincial Parliament is to preserve law and order in our society, and that’s because when we have safe communities, we have everything. As a new parliamentarian but also a veteran trial lawyer before our courts, as a citizen, as a family man, Speaker, I wholeheartedly agree with that statement by the Solicitor General. It pains me to say that far too many innocent people have lost their lives at the hands of dangerous, violent criminals who should have been behind bars and not freely roaming our streets.

So I’m proud to stand here with my colleagues and pay tribute to the brave men and women of law enforcement who made the ultimate sacrifice in the line of duty to protect all of us and our way of life.

I salute Constable Andrew Hong of the Toronto Police Service, Constable Morgan Russell and Constable Devon Northrup of the South Simcoe Police Service and Constable Greg Pierzchala of the Ontario Provincial Police.

I salute Constable Shaelyn Yang of the RCMP, Constable Travis Jordan and Constable Brett Ryan of the Edmonton Police Service and Maureen Breau of the Sûreté du Québec.

But I also salute the thousands of families and individuals—innocent Canadians who have been victimized by senseless acts of violence because perpetrators were released on bail while awaiting trial. We mourn the loss of all Canadians, of all of our fellow citizens affected by this and are deeply saddened that in recent months our leaders have had to give tribute after tribute to honour our fallen too many times. With each victim, the public is losing confidence in our justice system, a justice system that is meant to protect us.

Speaker, let’s be clear what we are voting on. Despite the initial amendment proposed by the member for Toronto Centre, there is government order 35, which states clearly and simply, based on the unanimous resolution from the Standing Committee on Justice Policy: “This House calls on the federal government to immediately reform the Criminal Code of Canada to address the dangers facing our communities and implement meaningful bail reform to prevent violent and repeat offenders from being released back into our communities.” And the intent of government order 35 is to protect all Canadians, including the vulnerable Canadians referenced in the amendment proposed by the member for Toronto Centre. It’s a redundant amendment, because “all Canadians” includes everybody.

The intent of government order 35 is to protect us all, because everyone who faces a violent offender with a firearm is vulnerable. There is no equality when facing such a criminal. So this is to protect all Canadians who face that. Who will it be next? A member of our own families? One of us in this House? Another police officer? Someone innocently shopping at one of our local plazas? One is too many. One more is too many.

The member for London North Centre speaks about this apparent approach where 20% do reoffend while on bail. That’s what he didn’t say when he mentioned the 80% who apparently don’t. That’s what we’re talking about, those rare cases. It reminded me to state before this House that I come here as a new parliamentarian, but I also, in my practice as a trial lawyer, acted as duty counsel for our fellow citizens, stood up for those accused of crime, serious crime sometimes, but “accused” because we all know that the charter protects the presumption of innocence. We all know that an accusation is not proof.

But when we look at the charter, consider these sections. Consider section 11(d), which guarantees the presumption of innocence. What sequentially follows is section 11(e) of the charter: No one shall “be denied reasonable bail without just cause.” Consider that. That is the right that’s guaranteed in the charter. That right is in the context of section 1, which guarantees that right not as an absolute, but as written. As written, it is “reasonable bail without just cause.” That is what cannot be denied.

That doesn’t mean that everyone gets out. That doesn’t mean we ignore the 20% who reoffend violently while out. That doesn’t mean they’re not presumed innocent until trial, but they will not be allowed to get out before trial, because they are a danger to public safety, because it’s not reasonable to allow them out. In fact, it is reasonable, there is just cause, to allow them to be detained. Because section 1, in guaranteeing all rights in the charter, states very clearly, these rights are guaranteed subject to “reasonable limits prescribed by law ... demonstrably justified in a free and democratic society.”

If one of our fellow citizens is threatened with violence, all of us are not free. That is why there is a balance in the charter. That is why there is a balance that guarantees reasonable bail, not bail for everyone, not for violent offenders.

The federal Liberal government is largely responsible for this unfortunate situation because it is the federal government that tabled amendments to the Criminal Code—the federal Liberal government supported now by the NDP. The federal Liberal government brought us Bill C-75, amendments to the Criminal Code that watered down the reasonable bail conditions that already existed. The problems that we’ve faced, the violence that we’ve faced, the dangers that we face, the loss of life that we’ve faced is directly attributable to these amendments from five years ago tabled by the federal Liberal government.

The solution is there for them to take action to repeal what they brought in, and we urge the NDP, His Majesty’s loyal opposition in this House, to support our motion, government order 35, unanimously to send a message to their federal counterparts to stop propping up a Liberal government that won’t take action to keep our communities safe and strike the right balance between innocent Canadians, innocent law enforcement officers and the rights of those accused of crime.

Consider what we’re voting on. Consider how we can only do so much. We are at this stage because of the leadership of Premier Ford, who galvanized support across the country, leading every other Premier of every other province and territory to urge the federal justice minister, to urge the federal government to act swiftly to stop the senseless violence, the loss of life; to stop the continued undermining of the public’s confidence in the administration of justice.

I happened to be taught in my years in law school by Professor Louise Arbour, who went on to be appointed to the High Court of Justice, then the Court of Appeal for Ontario and served so ably as a Supreme Court judge. She told our class in criminal procedure, when the charter was new—and she talked about the administration of justice being brought into disrepute. What does that mean? Well, it means that the charter, of course, in guaranteeing the right to presumption of innocence and reasonable bail, is such that—what happens to the public’s confidence when the premise of our system is it’s better that 10 guilty people go free than that one innocent person stays behind bars? That is the premise of our system. That’s the premise of the presumption of innocence. It’s the premise of the right not to be denied reasonable bail, except with just cause. But as Professor Arbour told our class over 30 years ago, what if it’s 50 guilty people that go free and reoffend in the process? What if it’s 100? What if it’s hundreds? The public starts to lose confidence. You can have the principles, but you must address those few violent offenders that have broken the social contract and are undermining the system of justice that we all look to for fairness and balance.

So the member for London North Centre fails, in my respectful submission, in his debate in this House to talk about what a proper balance is. We believe in the presumption of innocence. We believe in reasonable bail. But we don’t believe that that is an absolute. We do not believe that violent offenders who have offended previously should be allowed out while awaiting their trials. It’s as simple as that. The evidence is clear that there’s a connection between the few persons with that kind of history and the loss of life for our fellow Canadians, for our men and women in law enforcement.

What happens now, and the reason that the confidence of the public has been undermined, is that our current bail rules not only allow repeat and violent offenders to recommit serious offences, but they incentivize individual and organized criminal behaviour, because there is no deterrent, and innocent people are caught in the crossfire. How is the public expected to have any confidence in a justice system where the rights of the accused—violent accused persons, though few as they are; and as few as they are, the carnage and the life-changing outcomes that they bring about. Why are their rights outweighing the rights of families and individuals and law enforcement officers? That’s what this motion is about.

Believe me, if we could as a government amend the Criminal Code, we would do it. But the Constitution Act divides responsibilities between two levels of government. Under section 91, only the federal government has jurisdiction over the Criminal Code, so we will take no lessons from the member from London North Centre about what we fail to do. We are doing everything that’s possible for a provincial government to take action, but we actually do need to call upon the federal government to do its job, to legislate in its area of jurisdiction, to repeal the mess it started in 2018 and to take further action. And we are being very specific. The Criminal Code bail rules must be amended to create a reverse onus provision for violent offenders who have committed crimes with firearms—accused but presumed innocent, but nevertheless denied bail because there is just cause, because it is reasonable to deny them bail. That’s what this is about.

So we call on the federal government to take bold action to address this situation, which will only affect a few violent offenders, whether they act individually or whether they’re part of organized crime, to stop them in their tracks, to keep them behind bars to protect the public. That is what we call reasonable limits on charter rights prescribed by law in a free and democratic society, and demonstrably justified as such, because the charter has many rights. It’s about balancing those rights. The very first section of the charter says so.

Our motion and our call to the federal government to implement reverse onus for these few violent offenders when they have firearms and are creating imminent risk to the public—our motion calls upon the government to amend the Criminal Code within its constitutional jurisdiction to do something that is constitutional, that is charter-compliant. We are calling upon the federal government not only to actually legislate in their area of Criminal Code jurisdiction but to legislate in compliance with the supreme law of Canada, because the charter itself does not give an absolute right to bail.

That’s what the member for London North Centre doesn’t seem to understand. There is no absolute right to bail. Specific to violent offenders who put our lives at risk, they can and must have a reverse onus upon them so that they must show cause why they should be released pending trial. That’s the simple amendment. The solution is clear, straightforward and charter-compliant.

Now, many academics, lawyers and police officers have spoken out publicly about this. Many appeared before the committee, and that’s why we have a unanimous motion from the committee on justice policy. We know that the statistics—and I hate to talk about statistics, but it’s to make this point: that it’s only a small number of accused persons who will be affected by this. We know that over the last two years in the city of Toronto, 9% of accused persons already out on bail for firearms offences were rearrested on new firearms-related charges. That equated to 140 people committing new firearms-related offences who should not have been released back into their communities—140 people—but they can do incredible unlimited damage. They can forever end lives; they can forever affect lives—loved ones who will never come home again, be they law enforcement officers or innocent members of the public.

Over the same period, 37% of accused persons charged with shooting-related homicides were out on bail for various offences at the time of the alleged fatal shooting. That equated to 34 people who were out on bail while being involved in a fatal shooting; 15 of those were on bail for a firearms offence. And this is just Toronto, our provincial capital. This is unacceptable. This needs to stop. It is time for the Liberal government in Ottawa, propped up by the NDP, to make the changes to reverse the mistake they made in 2018.

Recently, hundreds of Torontonians took part in a candlelight walk to honour Gabriel, the 16-year-old young man who was fatally stabbed at a Toronto subway station. Like many senseless acts of violence, his is a tragic death and our thoughts are with Gabriel’s family and friends. It is egregious that offenders who have a history of violence, a history of using weapons or being charged with weapons offences, loaded illegal firearms—it is egregious that they are given the right to walk free pending trial. Their charter rights can and will be respected by the motion that is before this House and by the amendments that we urge the federal government to act upon.

We support the action of the city of Toronto in hiring 200 additional police officers to protect our streets and neighbourhoods, and we’ve supported the city’s police service with over $250 million in grants since this government took office. So we are doing all we can as a government. The senseless crime that is and has been unleashed in this city and this province cannot go on. The time for action is now.

To address the member for London North Centre further in his debate—because I listened to what he said. I sat and listened quietly and patiently, but he’s wrong. I urge his colleagues to reject what he said, join us on this side of the House and unanimously support this motion.

He talks about delays. I appeared before the justice committee of the federal Parliament two years ago as a barrister and solicitor before I was elected, and I gave them the simple solution to putting a pause on the Jordan decision that would eliminate what results from the so-called delay he speaks about—an easy solution, but again it is for the federal government to do. Federal inaction by the Liberal government, aided and abetted by the federal NDP, must stop. Let’s have His Majesty’s loyal opposition here, free to do the right thing and to send their own counterparts a message. I urge you, the member for London North Centre and all of the colleagues on the other side, to support this government’s motion.

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  • Apr/4/23 5:40:00 p.m.

Speaker, I am so proud to be part of a government that believes in law and order, that believes in creating safe communities for the men and women, the seniors, our youth, so that they can enjoy everything Ontario has to offer. And I am very proud to be able to speak to this motion calling on the federal government to immediately reform the Criminal Code of Canada to address the dangers facing our communities and implement meaningful bail reform to prevent violence and repeat offenders from being released back into our communities.

Madam Speaker, this motion really does hit close to home. It was just two days after Christmas, December 27 last year, that Ontario Provincial Police Constable Pierzchala was shot and killed while responding to what appeared to be a routine roadside check near Hagersville, which is just outside of Hamilton. Constable Pierzchala was 28 years old, and he was the fourth Ontario officer to be killed in the line of duty during the closing months of 2022.

One of the two individuals who was arrested and charged with Constable Pierzchala’s murder has a significant history with the criminal justice system and of violent behaviour generally. The history includes a conviction and prison sentence for armed robbery and a lifetime ban on possessing a firearm. It includes outstanding charges for assault and weapons offences committed in 2021, an outstanding arrest warrant issued in September 2022 for failing to make a court appearance. Although bail for the charges laid in 2021 was initially denied, it was granted following a review. The suspect was free on bail at the time of the shooting.

OPP Commissioner Thomas Carrique described Constable Pierzchala’s murder as preventable and said he was outraged at the fact that someone with the suspect’s history had been able to make bail. The commissioner also said something has to change. Well, on January 18, 2023, the Standing Committee on Justice Policy passed a motion to conduct a study on the reform of Canada’s bail system. The committee made two sets of recommendations. It asked the federal government to amend the Criminal Code to strengthen the bail system as it applies to those charged with violent offences or offences in which firearms or other weapons are involved; and that the provincial government make changes to the administration of the justice system that will improve the functioning of the bail system here in Ontario.

Madam Speaker, all of Ontario’s policing leaders are unanimously agreeing that bail reform would save lives. According to OPP Commissioner Thomas Carrique, incidents involving offenders with a history of violence who commit further crimes while on bail are not rare.

As MPPs, one of our most fundamental responsibilities is to preserve law and order in our society, and it is because when we have safe communities, we really do have everything that Ontario has to offer. We have a place to work, and we have a place to play, a place to shop and a place to pray, a place for our kids to grow up and for our seniors to grow old. We have it all.

There has never been a government in the history of this province or this country that has cared as much about public safety as this government, and it really does start at the top. The Premier has made public safety a priority. We can all be proud that our Premier has led the way in this country when it comes to public safety. It was our Premier who joined together with all of his provincial and territorial counterparts to demand bail reform from the federal government. It was this Premier who supported both the Solicitor General and the Attorney General in working with the federal government to improve public safety and implement bail reform—these were key topics at the federal-provincial-territorial meetings both last fall and this past winter—and it is our Premier who knows that a safe Ontario is a strong Ontario.

The fact is, we need the federal government to step up, and that’s what this motion is calling for. Our government went to Ottawa to advocate for urgent bail reform. Our government sat down with David Lametti, Canada’s Attorney General and Minister of Justice, and Marco Mendicino, Canada’s Minister of Public Safety, along with Canada’s provincial and territorial justice ministers, and our government demanded change. We underlined the need for the federal government in Ottawa to fix the gaps in the Criminal Code. Now, some of these gaps exist because of the Liberal’s Bill C-75, while other gaps are longer-standing issues which must be addressed. The current bail rules in Canada not only allow repeat and violent offenders to recommit serious offences, but they truly incentivize criminal behaviour as there is no deterrent.

Madam Speaker, our government has been asking the Liberal government in Ottawa to strengthen our borders to stop the flow of illegal handguns entering the country. We have also demanded a commitment to long-term, permanent and sustainable funding of the federal Gun and Gang Violence Action Fund. The majority of firearms used in crime are coming from across our porous border. This needs to stop now, and the Liberal government in Ottawa has an opportunity to fix it.

Madam Speaker, this just moved in the Toronto Sun, a story written by Brad Hunter:

“Hamilton” Police “Raise Red Flag over Gun Proliferation....

“Hamilton” police “have arrested and charged two young men in the latest firearms-related incident that has detectives deeply concerned.

“On Saturday, around 10 a.m., officers responded to ... a gun-related incident. Several individuals were present and arrested in the area...

Charged are”—and they name a number.

“They were hit with a slew of gun charges. The arrests come as Steel Town has seen an explosion in gun seizures. Throughout the past weekend,” police “seized 13 guns in several incidents across the city.

“Since the beginning of the year, officers have seized 48 guns from a variety of criminal incidents, five of which were recovered during traffic-related stops. That’s a 77% increase from the same period in 2022.

“‘We should all be alarmed by these numbers. Thanks to the great work of our officers and the keen eyes of a few citizens, we got 13 guns within a 48-hour period,’ said Chief Frank Bergen.

“Here are some of the other incidents:

“—On Friday, just after 8:30 a.m., a driver observed a bedside table on the roadside. Underneath the table, there was a loaded handgun.” Police “later seized seven more guns and ammo. A 59-year-old Hamilton man from Hamilton has been charged.

“—On Sunday, just after 2:30 a.m. officers were called to the area of Main St. W. and Queen St. S. for a loaded handgun found in a bar.

“—Later on Sunday just after 1 p.m.,” police “discovered a stopped vehicle in a live lane of traffic and a male slumped over the steering wheel. Officers discovered ammo on the passenger seat and recovered two long guns.”

The bottom line here, Madam Speaker, is we’re seeing illegal guns coming across the border, not only in the GTA, but in Hamilton and right across the province of Ontario. Getting illegal guns off our streets is a top priority, and as we know, the majority of guns used in crime are illegal.

Speaker, the evidence is clear: The status quo is simply not working when it comes to bail rules. Data gathered by the Toronto Police Service highlights both the urgency of the issue, as well as the number of individuals involved. Over the last two years in the city of Toronto, 9% of accused persons already out on bail for firearms offences were rearrested on new firearms-related charges. That equated to 140 people committing new firearms-related offences who shouldn’t have been released back into our community.

Over the same period, 37% of accused persons charged with a shooting-related homicide were out on bail for various offences at the time of the alleged fatal shooting. That equated to 34 people who were out on bail while being involved in a fatal shooting; 15 of those were on bail for a firearms offence. And that is just Toronto.

Speaker, this is unacceptable, and it needs to stop now. Our government demands that the Liberal government in Ottawa own up to their mistakes and make urgent changes to bail rules before more lives are lost. Something has to matter: The rule of law must matter, and our public safety must matter. Our continued advocacy to the federal government, our continued actions to do everything in our province’s power to create a safer society, is the context of the motion before us today. Ontario is taking action in the absence of federal leadership.

Thanks to the leadership of our Premier, we have already made concrete and constructive proposals to the federal government. As we’ve said, a joint letter signed by the Premiers of all 13 provinces and territories, sent on January 13 of this year, stated as follows:

“A reverse onus on bail must be created for the offence of possession of a loaded prohibited or restricted firearm in s. 95 of the Code. A person accused of a s. 95 offence should have to demonstrate why their detention is not justified when they were alleged to have committed an offence where there was imminent risk to the public.... A review of other firearms-related offences is also warranted to determine whether they should also attract a reverse onus on bail.”

As demonstrated in that letter, this is a timely proposal for much-needed bail reform. We would welcome the opportunity to work with Ottawa to get it done.

Speaker, our government is also proactive in introducing programs to reduce recidivism. This government is using the latest research and evidence to design new programs and reintegration approaches, taking advantage of new technologies and rethinking the journey of individuals through the justice system. While inmates are in our custody, we will continue to focus on programming and employment-readiness, while ensuring that their overall health and wellness are addressed, so that individuals successfully reintegrate into the community.

Ontario’s Ministry of the Solicitor General is leading an employment initiative by working with the Ministry of Labour, Immigration, Training and Skills Development. This is being strengthened through our partnership on the Skills Development Fund to support second chances so that we can increase employment and reduce recidivism. This initiative is a long-term, sustainable initiative.

Madam Speaker, with that, I move that the question now be put.

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