- Member of Parliament
- Member of Parliament
- Conservative
- Brantford—Brant
- Ontario
- Voting Attendance: 60%
- Expenses Last Quarter: $129,861.80
- Government Page
- Feb/6/24 4:51:24 p.m.
- Watch
- Re: Bill C-5
Madam Speaker, I will be splitting my time with the member for Kamloops—Thompson—Cariboo.
Imagine someone waking up in their home, their castle, where they should feel safe at all times, pouring their morning cup of coffee and looking out the window at their driveway, only to realize that their prize possession, their family vehicle that was parked there the night before, is now gone. After eight years of the Prime Minister, this has become a situation all too common for Canadians.
We have heard other stories of victims being robbed in parking lots and in front of their homes, some held at gunpoint in broad daylight. We will remember the story of Toronto Maple Leafs' Mitch Marner being held at gunpoint while his vehicle was stolen. Others have had criminals break into their homes searching for the keys to their vehicles.
According to the Insurance Bureau of Canada, on average, more than 200 vehicles are stolen every day, meaning that a car is stolen almost every six minutes in Canada. I cannot do the quick math, but members can imagine the number of vehicles stolen since the start of this debate. During my 10 minutes of debate and five minutes of questions and comments, another three vehicles will have been stolen. This is the result of the failed approach of the Prime Minister's soft-on-crime agenda.
How did we get here? We got here due to a number of important decisions made by the Prime Minister and his government, starting with Bill C-75, which allowed repeat offenders to get bail, often within hours of their initial arrest, and reoffend multiple times, sometimes on the same day, leaving police powerless to stop car thieves. Then, after criminals are convicted, the Prime Minister's reckless Bill C-5 allows them to serve their sentences in the comfort of their own homes. We all know that those who serve conditional sentences are not monitored on a regular basis, so repeat car theft offenders, while serving their sentences at home, are out on the streets creating more havoc and stealing more cars.
I have said many times in the House that criminals in this country are laughing at the government. They love the soft-on-crime approach. We all know Canada is now a haven for car thieves, for organized crime to thrive, for money laundering and human trafficking. That is the legacy the Prime Minister is leaving for Canadians.
After eight years of his soft-on-crime policies, the Prime Minister has created an auto theft crisis in Canada. Auto theft in the GTA alone is up 300% since he took office. Additionally, statistics tell us that, since he formed government, auto theft is up 190% in Moncton, 122% in Ottawa-Gatineau, over 106% in Montreal and over 60% in Winnipeg.
It is the responsibility of the federal government to reduce auto theft as the primary prevention tools, including the Criminal Code, the RCMP, the CBSA and our port systems, are all under the federal government's jurisdiction. However, as a result of the mismanagement of these prevention tools, organized crime has taken over our ports, turning them into parking lots for stolen vehicles, which are then shipped overseas.
The port of Montreal, a major hub for stolen vehicles to be shipped out of Canada, only has five CBSA agents to inspect the over 580,000 containers that leave the port each year. According to Le Journal de Montréal, one law enforcement agent said the CBSA has no resources to check containers and they check less than 1%, making it clear that the increase in auto theft is directly related to Liberal mismanagement. It is costing Canadians far too much.
In places such as Ontario, insurance companies are set to increase premiums by 25% this year. As reported by Équité, it is estimated that $1 billion in vehicle theft claims were paid out in the year 2022 alone, and these costs are being passed down to drivers.
What is the Liberal plan? We have been hearing about this great summit, where all the stakeholders are going to gather and talk about the problem and the solutions. Maybe in another two years from now, we might see solutions.
As per our foreign affairs minister, she proudly announced to the whole world that Canada is known for convening. That is all we hear about with the government. There is meeting after meeting, summit after summit, and no action.
To stop the increase in crime rates and reduce auto theft, today Conservatives are calling on the government to immediately reverse the changes to the Liberal government's soft-on-crime Bill C-5, which allowed for car-stealing criminals to be on house arrest instead of in jail. We want to strengthen the Criminal Code provisions to ensure repeat car-stealing criminals remain in jail, following the principles of both general and specific deterrents in the Criminal Code, and provide the Canada Border Service Agency and our ports with the resources they need to prevent stolen cars from leaving the country.
I asked the vice-president of inspections of the CBSA today at committee how he could explain having only five agents. He said that the CBSA does not have the resources or the funding, and that if it had to inspect every container, our trade system would completely shut down. That is small comfort to victims of auto theft crime in this country, but it is a pleasing announcement for the thieves out there because, not only are our cars being shipped abroad, but also we are accepting containers from countries in Asia loaded with deadly drugs such as carfentanil and fentanyl, which are poisoning our Canadians.
As the member for Brantford—Brant, I can speak to these issues personally, as my community has had over 600 vehicles stolen between the years of 2022 and 2023 alone for a population of just under 100,000 people. Sadly, it does not have the necessary funds to put into fighting car theft.
We heard from the Minister of Justice and Attorney General of Canada numerous times. The justice minister can speak all he wants about how he and his Liberal colleagues are hitting organized crime where it hurts, “funding the fight against crime” and “working with police, provinces [and] ports”, but the facts are the facts. He cannot change the fact that over 80,000 vehicles were stolen in Canada in the past year alone.
The minister and his Liberal colleagues have consistently taken a dismissive stance on pressing issues. Just last summer, they brushed off concerns about rising crime rates, suggesting that Canadians were imagining the problem.
What is our solution? The Prime Minister's reckless policies have caused an explosion of car thefts and made our communities dangerous, and the only action he has taken to fix this mess is to hold a summit. We do not need another summit. We need a common-sense plan to stop the theft and the crime.
The solution is simple. It is the first plank of our Conservative plan to hit the brakes on car theft. To combat this Liberal oversight, Conservatives will go after the real criminals by restoring jail, not bail; increasing mandatory jail time; ending house arrest for car thieves; and increasing sentences for gang-associated car thieves.
This is a pressing and urgent matter that Public Safety has a mandate to review thoroughly. Canadians cannot wait for the summit to produce results. It is time for the government to move beyond conferences, meetings, announcements and press conferences, join Conservatives and show up for Canadians.
I call on all members of the House to support our motion. Help us put the brakes on auto theft once and for all, protect our communities and bring home safer streets for all Canadians. That is just common sense.
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- Jun/15/23 10:28:05 a.m.
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- Re: Bill C-5
Madam Speaker, it is always a privilege and honour to speak in the chamber, but, more importantly, to lend a voice to the fine residents of Brantford—Brant. On a topic such as this, with next to no notice, it is even more important that I lend an appropriate voice.
I come at debates on criminal justice issues and victim issues from a place of significant experience. I know that several members have heard me explain my background, but for those who have not, it is important to remark that, prior to being elected in September 2021, I enjoyed a 30-year legal career. In those 30 years, I saw both sides of the equation. I defended the worst of the worst for 12 years. I defended individuals charged with shoplifting, mischief, paintball, tagging and spray-painting offences, all the way up to and including murder.
I decided, after reflecting on my 12-year defence career, that it did not give me a sense of satisfaction, because, ultimately, when I cross-examined victims of crime from all walks of life, from young children all the way to senior citizens, it was heartbreaking to see how our criminal justice system works. It is extremely adversarial. Defence counsel have a job to do, and that job is to ensure that there is a fair trial, but, reflecting on the fairness of trials, sometimes one has to sacrifice one's personal beliefs and morals.
After 12 years, I was at the point when I was about to get married and wanted to start a family, and I asked myself what type of husband and father I wanted to be. I was taking steps to ensure serious violent offenders were escaping justice and responsibility. Although it is ultimately the task of a defence lawyer not only to ensure not fairness but also, hopefully, win the case, it certainly creates havoc with respect to the victim's sense of what type of system we have. My colleague, the member for Fundy Royal, could not have said it better: in our role as a parliamentarians, the theme we hear over and over again is that this is definitely not a justice system but merely a legal system.
When I joined the Crown's office in 2004, every single day that I was a public servant for the Province of Ontario left me with a gratifying feeling. Not only was I contributing to the fairness aspect of our legal system, our justice system, by holding offenders accountable, but also I was, in my small way, giving victims the voice they felt they had lost in being victimized, not being believed by police services, not being believed by legal professionals, or not being believed by judges. I took it as my personal mantra to dispel as many myths as possible when prosecuting, as I said, shoplifting, which has a societal impact, all the way to multiple murders. I have seen it all in my 18 years of Crown experience. I was left with a goal to ensure that, in my small way, I left victims whole again.
While offenders who do get punished usually end up in jail, depending on the nature of the crime, they will serve their sentence and move on with their lives. The same cannot be said for victims of crime. Some victims of crime live with the trauma of this experience for the rest of their natural lives. It was important for me as Crown counsel for the Province of Ontario to equip those victims who went through this horrific process and to give them the tools to put together their lives after this crime.
It begs the question of why I chose to leave a very rewarding, satisfying career as a Crown attorney to enter these halls. The answer is simple. I was sick and tired of seeing the escalation of crime from coast to coast to coast, but particularly in my small riding of Brantford—Brant.
I was born and raised in my riding. I remember growing up, all through high school, my university days, my law school days and ultimately my career as a lawyer and Crown attorney, it was a safe place to live and to raise a family. Literally, in the last 10 years of my practice as a Crown attorney, I was seeing a gradual increase in the prevalence of crime, but more so a prevalence of serious violent crime.
Early on in my Crown days it would be common not to prosecute a homicide for several years. Fast-forward to 2020 and 2021, when I ultimately took a leave of absence to pursue politics, and we had 12 homicides on the books, with a small office of six Crown attorneys. It was overwhelming.
It was not just the homicides. We had shootings, drug trafficking, fentanyl and all kinds of the nasty criminal activity this House speaks about literally on a daily basis and that we read about online or in the papers. That is what was happening. I felt my effective voice as a Crown attorney could only go so far. I wanted to be an instrument of change. I wanted to correct the wrongs with respect to our legal system.
I must say it was completely frustrating for me to arrive in this House and hear the government touting how serious it is about our justice system, about holding offenders accountable and about victims' rights. Everything it does ultimately is the complete opposite.
As my colleague has already indicated, Bill C-5 is a disaster. It is still a disaster, taking the most significant, serious, violent offences and opening up the possibility they can serve it in the comfort of their own homes. I am going to go further on conditional sentences, or house arrest. These individuals are entitled to work, spend some time in the community and go shopping.
That is not holding an offender accountable, so it brings me full circle as to why we are here. We are here because the Minister of Public Safety has lost the trust of Canadians and of this House, and on that basis, I am asking that the motion be amended.
I move:
That the motion be amended by deleting all the words after the word “That” and substituting the following:
the Seventh Report of the Standing Committee on Justice and Human Rights, presented on Monday, April 17, 2023, be not now concurred in, but that it be recommitted to the Standing Committee on Justice and Human Rights with instruction that it amend the same so as to recommend that the Minister of Public Safety immediately resign given his total lack of consideration for victims of crime in his mishandling of the transfer to more cozy arrangements of one of the worst serial killers in Canadian history, that this unacceptable move has shocked the public and created new trauma for the families of the victims and that the Minister of Public Safety's office knew about this for three months prior to Paul Bernardo's transfer and instead of halting it, the information was hidden from the families.
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- Sep/28/22 3:11:15 p.m.
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- Re: Bill C-5
Mr. Speaker, since the Liberals formed government, serious violent crime has substantially increased. Homicides alone are up 30%. This is a direct result of the government's soft-on-crime agenda and lack of empathy toward victims. Now, thanks to Bill C-5, weapons trafficking, robbery with a firearm, drive-by shootings, fentanyl trafficking and kidnapping will no longer be punishable by mandatory sentences.
Why does the government continue to advocate for criminals while recklessly neglecting the rights of victims?
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- Jun/9/22 1:02:25 p.m.
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- Re: Bill C-5
Madam Speaker, again,what we are continually hearing from the NDP and the Greens is very frustrating. They want to change the story and turn the page on what Bill C-5 is all about.
Bill C-5, for the last time, is not about simple possession. This is a news release to the House: It is not. I am not going to respond—
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- Jun/9/22 1:00:44 p.m.
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- Re: Bill C-5
Madam Speaker, perhaps it was lost in translation, but that particular statement in my speech was a rhetorical question put to the government because that is the type of language the government is using.
The focus of my speech was not on those who are struggling with drug addiction. Our entire focus as a Conservative caucus, even in our platform in the last election, is all about taking steps to address rehabilitation. The focus of my speech and the focus of our opposition is on traffickers who are encouraging these individuals to continue their addictions, and that is where our focus ought to be.
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- Jun/9/22 12:58:43 p.m.
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- Re: Bill C-5
Madam Speaker, I reflect on this often, and I often hear from government members, NDP members and Green members that we Conservative members can all calm down because the bill would keep communities safe. They say we can trust our judges to always do the right thing. However, judges come from various backgrounds, which is why we have a myriad of different judgements from across this country, from coast to coast to coast. There is no consistency in sentencing.
In answer to the question, as a former prosecutor over the last two decades and previous to that as a defence counsel, I have repeatedly seen abuses by defence counsel who were properly retained with illegal funds from trafficking, etc., who shop for a judge, as there are judges who are more lenient than others. Bill C-5—
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- Jun/9/22 12:48:08 p.m.
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- Re: Bill C-5
Madam Speaker, today we are debating Bill C-5 at report stage. I am profoundly disappointed as a parliamentarian and deeply ashamed as a former Crown attorney that this seriously flawed, reckless and dangerous bill has made it this far in the process.
I left behind a proud and rewarding legal career as a public servant for the Province of Ontario, a career defined by holding criminals accountable for their actions, which ranged from mischief all the way through to and including first degree murder. It was a career further defined by advocating for victims' rights, which is a concept that is completely alien to this virtue-signalling government. Neither this bill nor Bill C-21 makes any reference to the rights and protection of victims.
I was frustrated as a Crown attorney that the judicial system was out of balance. The proverbial pendulum over my career was significantly shifting in favour of the accused at the expense of protecting victims of crime. There must be a balance.
The government will repeatedly make statements in the House that it cares deeply for victims and that their rights matter, but it is simply talk with no action. An example of this lip service is the fact the government has not replaced the federal ombudsman for victims of crime, a position left vacant since last October 1. It is shameful.
It is time to dispel the myths and misinformation coming from the government whenever its members speak about this bill.
Number one, this is not legislation targeted at low-risk offenders. Use of a firearm in the commission of an offence, possession of an unauthorized firearm, possession of a firearm with ammunition, weapons trafficking, importing and exporting of firearms, discharging a firearm with intent, reckless discharge of a firearm and robbery with a firearm are indeed extremely serious violent offences for which judges across this country routinely impose significant jail sentences and often prison on the offenders.
These are not the types of people described by our Attorney General when the bill was introduced. We all remember that story: We are to imagine a young man who has too many pops on a Saturday night and decides to pick up a loaded gun and shoot into a barn. According to our Attorney General, we should feel sorry for this individual, as it would be a cruel and unusual punishment to impose a mandatory minimum penalty.
Number two, this is not legislation that would reverse former PM Harper's Safe Streets and Communities Act. Several of the charges outlined in Bill C-5 include mandatory minimum penalties that were introduced by Pierre Elliott Trudeau in 1977 and Jean Chrétien in 1995, two Liberal majority governments.
Third, according to the government and supported by its NDP partners and Green Party members, mandatory minimums are ineffective in reducing crime or keeping our communities safe. The simple fact is that if they actually believed this, instead of virtue signalling to Canadians, they would table legislation to remove all mandatory minimums. There are 53 offences that would remain in the Criminal Code if this bill passes. This includes impaired operation of a vehicle. Apparently it is important to hold drunk drivers accountable while allowing criminals and thugs to terrorize our communities by shooting up our streets.
The fourth point is that according to the government, courts from across this country, including appellate courts and the Supreme Court of Canada, are striking down mandatory minimum penalties as being contrary to the charter. For reasons previously described, mandatory minimums introduced by previous Liberal governments have been upheld by various courts for over 40 years.
Five, this is not legislation targeting people charged with simple possession. Bill C-5 would eliminate six mandatory minimums under the CDSA, the Controlled Drugs and Substances Act. These include the very serious offences of trafficking, importing, exporting and production of controlled substances. Drugs such as fentanyl and carfentanil are the most deadly and lethal form of street drugs, and an amount the size of a grain of salt is capable of killing an elephant. These drugs are not serious enough for the government. These are the same drugs that are causing an opioid crisis that results in daily overdoses and deaths. Do these killer criminals deserve mercy from the Liberal government? What has this country become?
Finally, this legislation is supposed to address racism and reduce the over-incarceration of Black Canadians and indigenous offenders.
The Alberta minister of justice, Kaycee Madu, a Black Canadian, noted:
While Ottawa’s new justice bill...contains some reasonable measures, I am deeply concerned about the decision to gut tough sentencing provisions for gun crimes...
Removing tough, mandatory penalties for actual gun crimes undermines the very minority communities that are so often victimized by brazen gun violence. I also find it disingenuous for Ottawa to exploit a genuine issue like systemic racism to push through their soft-on-crime bills.
I have prosecuted in the trenches for close two decades, unlike the Attorney General and members of the Liberal government. I can state on authority that the overriding sentencing consideration associated with the crimes relating to Bill C-5 are denunciation, deterrence and separation from society. In other words, it does not matter one's gender, ethnicity or race. Upon conviction, criminals are going to jail, period. It is time for the government to be honest with Canadians and accept that Bill C-5 will not substantially address the over-incarceration issue.
Throughout the entire time this bill has been debated, I and other colleagues, most notably the member for Kamloops—Thompson—Cariboo, have argued that there is a compromise for the government to consider. A constitutional exemption to all the charges outlined in the bill would give trial judges the legal authority to exempt criminals from a mandatory minimum penalty if they belong to a vulnerable population that is overrepresented in the criminal justice system and who are disadvantaged with regard to sentencing. This exemption would preserve the mandatory minimum penalties, but give judges the flexibility to craft an appropriate sentence. My amendment to this bill at committee was summarily dismissed by the Liberal chair as outside the scope of the study, which is shameful.
Brantford police chief Rob Davis, the only indigenous leader of a municipal police service in Ontario, testified at committee: “With Bill C-5 and the proposed changes now, we are going to see sentencing become a joke”. He continued, “With...turning sentences into conditional sentences...the justice system is being brought into disrepute. People will operate with impunity and the victims' rights are going to be given away [for] the rights of the criminal.”
Chief Davis also said, “Victims of communities will live in fear of gun violence and fearful of retaliation by armed criminals, and people will continue to overdose”.
The committee also heard from Chief Darren Montour from the Six Nations Police Service, whose testimony was clear. He stated:
...proposed conditional sentences for violent offences will not deter offenders from committing further crimes. We are not in a position to continuously monitor sentenced offenders to ensure their compliance with...restrictions handed down by the courts. Police services across the country, and especially those within indigenous communities, are significantly understaffed. We are continuously asked to do more with less, and we cannot sustain this workload.
He also stated that he can appreciate the statistics regarding the over-incarceration issue, “but along with the rights of offenders, victims and victims' families deserve rights as well.”
Hundreds of Canadians from coast to coast signed the petition on my website, which I recently presented in the House. They called on the government to immediately withdraw Bill C-5. Here is a news release for the Liberal government: Canadians are terrified at the prospect that criminals convicted of sex assault and kidnapping will also enjoy serving that sentence in the comfort of their homes, the very same homes in which they committed their crimes. It is deeply shameful.
The number one priority for the federal government is to keep Canadians safe. The government has been derelict in its responsibility.
I, together with my Conservative caucus members, will always stand on the side of victims and keeping our communities safe by holding criminals accountable for their actions. I will be very strongly voting against this bill, and I encourage all members in the House to do the same.
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- Jun/9/22 12:19:11 p.m.
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- Re: Bill C-5
Madam Speaker, my hon. colleague referenced Bill C-5 and how it would impact the trafficking of very serious drugs like fentanyl, carfentanil, cocaine and crystal meth. Bill C-5 would take away the mandatory minimum penalties, and it would also open up the possibility for conditional sentence considerations and house arrest.
Knowing what we know about drug traffickers plying their deadly trade in the comfort of their own homes, how do you feel the government's narrative with respect to community safety is now being compromised?
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- Jun/9/22 11:14:34 a.m.
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- Re: Bill C-5
Madam Speaker, it is time to dispel a myth that has been percolating in the House for some time now, particularly from the Liberal government and supported by the NDP. It is this notion that conditional sentences are going to substantially decrease the overincarceration of marginalized offenders, particularly Black Canadians and indigenous offenders.
We heard at committee from two police chiefs. One was Chief Robert Davis, who is an indigenous police chief and the only indigenous police chief of a municipal police service. The other was Chief Darren Montour, who is an indigenous police chief on the Six Nations of the Grand River, which is the largest reservation in Canada. Both individuals, who have significant decades of policing, confirmed that conditional sentences do not work. They do not have the resources to monitor compliance. Working in the trenches, they are seeing prosecution after prosecution of offenders who continually repeat breaches of their conditional sentence orders.
How can the government indicate now that this is somehow going to decrease the overincarceration rate? We have empirical evidence, particularly in my riding but as well as from across the country, that it does not work.
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- Jun/6/22 3:27:30 p.m.
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- Re: Bill C-5
Mr. Speaker, the residents of my riding and many across the country are rightly concerned about the dangers that Bill C-5 would cause to our communities. As we know, the bill would eliminate a number of mandatory minimum penalties for significant, serious, violent gun offences and drug offences. It would also eliminate mandatory minimums for dangerous fentanyl dealers. Canadians are afraid that those who commit criminal harassment, sex assault, kidnapping and human trafficking will be under house arrest instead of traditional jail time, meaning they will be back in our neighbourhoods.
Sharing their concerns, I am presenting a petition that calls on the government to immediately withdraw Bill C-5 and stop favouring criminals at the expense of law-abiding Canadians.
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Mr. Speaker, those are more words and no action.
Contrary to the government's claim, Bill C-21 is not about getting tough on crime and it is not targeted at the gang members who are shooting up our streets. On the one hand, the Liberals try to increase the maximum penalty, yet they push eliminating mandatory minimum sentences for a number of serious gun crimes under Bill C-5. Also, let us not forget that last year they voted down the Conservatives' bill that proposed making the punishment harder for criminals using smuggled guns. It is shameful.
When will the Prime Minister put the rights of victims first and commit to ending his soft-on-crime agenda?
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- May/9/22 2:18:00 p.m.
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- Re: Bill C-5
Mr. Speaker, recently the justice committee heard the testimony from Robert Davis, Chief of the Brantford Police Service. During his testimony, and I am quoting from the blues, Chief Davis said, “With Bill C-5 and the proposed changes now we are going to see sentencing become a joke”. He then continued, “with...turning sentences into conditional sentences...the justice system...is being brought into disrepute. People will operate with impunity, the victims' rights are going to be given away for the rights of the criminal.” He also said, “Victims of communities will live in fear of gun violence, fearful of retaliation by armed criminals and people will continue to overdose”.
Chief Davis is a proud Mohawk from the Six Nations of the Grand River territory in my riding of Brantford—Brant. He has been policing since 1990 and is the only indigenous leader on a municipal police service in Ontario. His first-hand experience debunks the ideologically driven narrative the Liberal members are selling.
Despite this, sadly and dangerously, the NDP-Liberal government does not want to listen to the warnings of Chief Davis. My message is simple: The Minister of Justice must withdraw this soft-on-crime bill now.
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- Dec/15/21 4:57:19 p.m.
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- Re: Bill C-5
Madam Speaker, following up on my friend's latter comments, does he think that those convicted of sexual assault, criminal harassment, trafficking of minors or abduction of minors deserve to be punished by way of a denunciatory sentence, which could include jail?
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- Dec/14/21 3:44:34 p.m.
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- Re: Bill C-5
Mr. Speaker, I would like to ask my hon. friend a couple of questions. First, does the Bloc Québécois stand for the proposition that all mandatory minimums under the Criminal Code and CDSA ought to be eliminated?
If her response is yes, I would ask her this. Because she feels that judges are best equipped to render appropriate sentences, does she feel all judges across this great country all think alike and will all deliver sentencing to appropriately deal with all of the sentencing principles with respect to gun offences, such as denunciation and deterrence?
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- Dec/14/21 3:17:10 p.m.
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Mr. Speaker, I want to thank my hon. colleague personally for the elevation of my past career. I was not a judge of the Ontario provincial court or Superior Court. Rather, I was a Crown attorney.
To address the important issue the member raised, there already exists a regime that vests federal prosecutors, as it does with provincial prosecutors, in exercising their discretion appropriately to deal with individuals struggling with substance abuse, and to be very creative in how they wish to prosecute or what sort of representations they make to a justice to deal with the rehabilitation issue.
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- Dec/14/21 3:14:33 p.m.
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- Re: Bill C-5
Mr. Speaker, that is a very important question. In my respectful opinion, everything in Bill C-5 concerned with removing those offences, which are currently delineated under section 742, the conditional sentence regime, all relate to serious violent offences.
To the member's point, kidnapping, sexual assault, criminal harassment and abduction are all serious personal injury offences. In my speech, I was trying to indicate that there are absolutely zero references to amending section 742 to highlight that those offences the bill is delineating can still be substantiated by way of a conditional sentence.
A condition precedent to section 742 is that justice must be satisfied that an offender serving that sentence in the community does not pose a risk. Those offenders convicted of a sexual assault, criminal harassment or kidnapping most definitely pose a community risk. Moreover, section 752 of the Criminal Code talks about excluding any offences where there is a serious personal injury offence. Kidnapping certainly qualifies for this, as do sexual assault, criminal harassment and abduction.
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- Dec/14/21 3:13:21 p.m.
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- Re: Bill C-5
Mr. Speaker, if the hon. member had actually listened to my speech, he would know that at no point in time did I indicate that we, as the Conservative caucus, have no faith in judicial discretion in levelling appropriate sentences.
As a Crown attorney for the last 18 years, I was in front of judges every single day. My point was that sufficient tools already exist within the Criminal Code for judges to exercise that discretion. They certainly do not need any further assistance from the Liberal government.
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- Dec/14/21 1:49:11 p.m.
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- Re: Bill C-5
Madam Speaker, I welcome this opportunity to speak today on Bill C-5, a seriously flawed and dangerous piece of proposed legislation. My commentary and opinion on this are shaped by my experience as a lawyer for almost 30 years, the last 18 years as a Crown attorney for the Province of Ontario.
A week ago today, members in the House stood in solidarity to honour and remember the victims of the Montreal massacre. Fourteen women were murdered, and 10 women and four men were injured. That day was an opportunity for the House, and especially the Prime Minister and his government, to stand strong against all forms of gun violence and to inform Canadians in very clear terms that they would take immediate steps to curb the ever-increasing tide of this criminal behaviour. What is most disturbing is that, less than 24 hours removed from this commemoration, the justice minister introduced Bill C-5, which was a tone-deaf and ill-timed response from this government.
The Prime Minister in the last election promised peace, order and good government. He said that Canada needs leadership that would not back down in the face of rising extremism and that he would take action to put an end to gun violence in our communities. Bill C-5 is the complete opposite of this pledge and proves to be another example of virtue signalling to all Canadians.
Bill C-5 is identical to Bill C-22, which was first introduced in the last Parliament. That bill never made it past the second reading before the unnecessary federal election was called. The bill would eliminate mandatory minimum penalties for 14 of the 67 offences in the code, 13 for firearm offences and one for a tobacco offence. Notwithstanding what we have heard over the last week by the justice minister and his government, this dangerous bill is not targeted at less serious gun crime.
As an example, let us take a look at section 244(1) of the code, which reads:
Every person commits an offence who discharges a firearm at a person with intent to wound, maim or disfigure, to endanger the life of or to prevent the arrest or detention of any person
I would ask any member of the House to somehow convince me that that would constitute a less serious gun offence.
The bill would also eliminate all six mandatory minimums for offences under the Controlled Drugs and Substances Act. These include the very serious offences of trafficking, importing and exporting, and the production of controlled substances. I invite members to think about that for a moment. This soft-on-crime, ideologically driven Liberal government believes that those who traffic and produce fentanyl, the most deadly and lethal form of street drug, which is being sold to millions of addicts, is causing an opioid crisis, and results in daily overdoses and deaths, should not expect to receive a minimum period of incarceration. It is utterly shameful and dangerous.
As a rookie member and political aficionado in Ottawa, I have repeatedly heard a false narrative from the Prime Minister and his government that Prime Minister Harper is to blame for everything that has gone wrong in this country. Perhaps it is about time for this government to engage in some self-reflection.
Contrary to the justice minister's talking points about the government “turning the page on a failed Conservative criminal justice policy”, the fact remains that it is keeping the other 53 mandatory minimums in the code intact and keeping most of the ones introduced by the Conservative Party. The justice minister needs to be reminded that it was former prime minister Pierre Elliott Trudeau in 1977 and prime minister Jean Chrétien in 1995 who introduced several mandatory minimums for firearm offences.
These penalties have been rooted in our criminal justice system since the early 1890s. Legislators, over the decades that followed, have relied upon mandatory sentencing tools to mitigate inconsistencies in the exercise of judicial discretion. A key feature of our system of government is that Parliament constantly reviews all legislation and passes new legislation to ensure its laws, including sentencing laws, properly align with the demands of justice. Those demands of justice speak very clearly that there is a tremendous increase in gun violence across this country.
Conservatives believe that serious violent offences committed with firearms deserve mandatory prison time. If government members will not take our word on this subject, then perhaps they will listen and reflect on what eloquent jurists have said about gun violence in our communities.
Firearm use and possession is not a momentary lapse in judgment. Heavy regulation of firearms and ammunition mean that those who possess them had to make a concerted effort to do so. A person does not stumble upon an illegal handgun. There is a process of purchasing from a trafficker and secreting the handgun to avoid detection and prosecution. There is a high degree of deliberation and contemplation. Loaded firearms, especially in public, add a dimension of heightened risk.
Hear the words of Justice D. E. Harris:
A person with a gun in their hands has a god-like power over life and death. Virtually all that is necessary is to point at another person and to apply a few pounds of pressure on the trigger in order to end a human life.... The ease of killing with a gun...is an exigent danger to us all.
He said, “Such immense power with so little reason must be opposed with everything at our disposal.”
Listen to these chilling words from Justice Molloy in the decision of Ferrigon:
A person who loads a handgun with bullets and then carries that handgun, concealed on his person, into a public place is by definition a dangerous person. Handguns are used to shoot people. A person who carries a loaded handgun in public has demonstrated his willingness to shoot another human being with it. Otherwise there would be no need to have loaded it. That person is dangerous. He is dangerous to those with whom he associates; he is dangerous to the police and other law enforcement personnel; he is dangerous to the members of his community; he is dangerous to innocent bystanders, including children, who may be killed or maimed by stray bullets.
According to Public Safety Canada, violent crime involving firearms is a growing threat to public safety in our communities. Gun violence is on the rise: an 81% increase in violent offences involving guns since 2009; one in three homicides in Canada are firearm related; and 47% of Canadians feel gun violence is a threat to their community. Gun violence impacts people and communities across Canada. It happens in urban, suburban and rural communities across every province and territory, in all age and socio-economic groups and, last, among those who own guns and those who do not.
This is a moment in time to strengthen our gun laws to emphasize the principles of denunciation and deterrence. This is not the time to advance a soft-on-crime bill that puts communities and victims at risk.
Mandatory minimum sentences are an important tool for ensuring, not inhibiting, justice in sentencing. Rather than eliminating a judge's ability to assess a proportionate sentence, mandatory minimums set a stable sentencing range for an offence, permitting citizens to understand in advance the severity of the consequences that attend the commission of that offence.
The justice minister stressed that Bill C-5 was not aimed at hardened criminals but at first-time low-risk offenders. He was quoted on December 8, stating:
Think about your own kids. Perhaps they got into trouble at some point with the law. I bet you would want to give them the benefit of the doubt or a second chance if they messed up. Well, it is a lot harder to get a second chance the way things are now...
That is such a disturbing message from the Minister of Justice and Attorney General of Canada. I cannot think of any other example of being tone deaf to the obvious. We are indeed focusing on serious violent offenders and not misguided, mischievous youthful first offenders.
The Liberal government claims the bill is to address racism in Canada's criminal justice system. As noted by the Alberta minister for justice, Kaycee Madu:
While Ottawa’s new justice bill...contains some reasonable measures, I am deeply concerned about the decision to gut tough sentencing provisions for gun crimes....Removing tough, mandatory penalties for actual gun crimes undermines the very minority communities that are so often victimized by brazen gun violence. I also find it disingenuous for Ottawa to exploit a genuine issue like systemic racism to push through their soft-on-crime bills.
As a former Crown attorney, I am very much aware and wholeheartedly accept that there is a disproportionally higher rate of incarcerated indigenous and Black Canadians. We as parliamentarians have the tools necessary to put into place measures to address this problem. We already have principles that mandate jurists to consider the background of indigenous offenders.
The Liberal government last year committed $6.6 million to produce better informed sentencing decisions based on an understanding of the adversities and systemic inequalities that Black Canadians and members of other racialized groups faced.
Furthermore, Parliament has an opportunity to put into place a safety valve known as a constitutional exemption that would allow judges to exempt outliers for whom the mandatory minimum would constitute cruel and unusual punishment.
This flawed and dangerous bill would also substantially alter the conditional sentence regime, which would now allow such a sentence to be imposed for sex assaults, criminal harassment, kidnapping, human trafficking, arson and abduction.
What I found most ironic is that yesterday we heard from the justice minister that this legislation would reduce a significant amount of charter challenges and speed up the disposition of criminal cases. What he failed to address was how the changes to the conditional sentence regime would result in a plethora of increased litigation as the proposed amendments were lawfully unavailable.
A condition precedent to the availability of the conditional sentence is that a justice must be satisfied that serving a sentence at home would not endanger the safety of the community. Offenders convicted of sexual assault, criminal harassment, kidnapping and abduction are indeed dangerous.
Furthermore, section 752 defines the above offences as a serious personal injury offence, which the provincial appellate courts have consistently excluded from conditional sentence consideration.
The number one priority for the federal government is to keep Canadians safe. The Liberal government has been derelict in its responsibility. This soft-on-crime, ideologically driven bill needs to be defeated.
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- Dec/14/21 1:19:57 p.m.
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- Re: Bill C-5
Madam Speaker, I would like the hon. member to inform me where in section 4 of the Controlled Drugs and Substances Act it speaks to mandatory minimum penalties.
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- Dec/14/21 1:19:19 p.m.
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- Re: Bill C-5
Madam Speaker, with respect to the offences of possession of a controlled substance under the Controlled Drugs and Substances Act, where in section 4 of that act does it speak to any mandatory minimum penalties? You spoke about automatic jail sentences. I would like clarification—
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