- Member of Parliament
- Member of Parliament
- Conservative
- Brantford—Brant
- Ontario
- Voting Attendance: 60%
- Expenses Last Quarter: $129,861.80
- Government Page
- Feb/2/23 10:51:28 a.m.
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Mr. Speaker, I encourage the Attorney General and Minister of Justice to reread the Supreme Court of Canada decision released last week. I am looking at it right now, and for the record, it is R. v. Hilbach. In a seven-to-two decision, that particular court indicated that the four- and five-year mandatory minimums for robbery with a firearm and robbery with a prohibited firearm were not grossly disproportionate, did not constitute cruel and unusual punishment and were charter-compliant, but the court opined that, given the results of Bill C-5, the issue was now moot, so I encourage the justice minister to reread that decision.
My point, however, is that I heard him indicate earlier this week that he was open to suggestions and that he was looking for some ideas. He has literally heard from the provinces, police chiefs, premiers and interested parties, for close to 11 months now, crying out for bail reform. He is indicating that talks are in the works.
Be specific, Minister. What are you doing?
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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 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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- 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 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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- Dec/2/21 10:10:25 a.m.
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Mr. Speaker, I will be sharing my time this morning with my hon. colleague from Mission—Matsqui—Fraser Canyon.
It is an absolute honour and privilege to rise and reply to the Speech from the Throne. I listened very carefully to the speech and identified two concerning issues that I heard repeatedly while knocking on thousands of doors during the past election campaign, namely the escalation of crime, particularly gun offences, and the failure of the Liberal government to prioritize a meaningful relationship with our indigenous neighbours.
The safety and security of Canadians must be the top priority for the government. As a former Crown attorney, I am deeply concerned about the escalation of crime in Canada and particularly in my riding of Brantford—Brant. Unfortunately this topic was completely neglected in the throne speech, despite many details published by the Canadian Centre for Justice and Community Safety statistics.
The report shows that in 2020, Canadian police services reported over 2.2 million Criminal Code and other federal statute violations of which 743 were homicides, which is 56 more than the previous year. Let me repeat that number: 743 people killed in Canada last year and yet there is no plan to reduce the escalation of crime in the throne speech. Canadians deserve better. My riding deserves better. People want to feel safe and protected in their home and communities. The Liberal government must stop playing politics and pushing its ideological agenda. It must fight crime and finally end these horrible trends in Canada.
The fact that crime was not addressed in the Speech from the Throne did not surprise me. If we reflect on the Liberal government's track record on this issue, we would see that there is nothing new here. In 2019, the Liberal government, while having a majority in the House of Commons, put into effect Bill C-75, the criminal justice bill. Liberals were claiming that the bill was designed to reduce sentences for milder offences, but the reality was that it implemented softer sentences for serious violent crimes including participation in an activity of a terrorist group, abducting a child and participation in activities of criminal organizations, just to name a few.
In 2020, the same Liberal government tabled a bill colloquially known as the “no more jail time for criminals” bill, which proposed to reduce jail time for dangerous offenders. If implemented, it would have allowed individuals found guilty of horrific crimes like sexual assault, arson and kidnapping to serve their sentence under house arrest instead of real jail.
It would also remove mandatory jail time for anyone who commits robbery with a firearm, trafficking in crystal meth and criminals who smuggle firearms across the Canada-U.S. border. When talking about the smuggling of firearms across the border, it is very concerning during the last session when the Liberal MPs, with the support of their loyal and faithful NDP friends, voted down the Conservative bill that had been designed to address the prevalence of smuggled weapons and the rise in gun crime.
The “soft on crime” agenda is simply irresponsible and dangerous. The Liberal government must do better to ensure the safety and security for everyone wherever they live in Canada.
For six years, in throne speech after throne speech, we heard the same rhetoric: the government is going to get handguns and assault weapons off the streets; we have to focus on reducing gun violence, we have seen the devastating effects of gun violence; too many lives lost; too many families shattered; time to show courage and strengthen gun control; the government will invest to help cities fight gang-related violence. Now, in 2021, our throne speech makes one opening statement: the Liberal government will ensure that it will take steps to allow our communities to be safe.
During the election campaign, the Prime Minister promised to give $1 billion to provinces and territories that want to ban handguns, but the reality is this would not lower gun violence, as almost 80% of the guns used to commit crimes in Toronto, for example, are illegal handguns originating in the United States. As quoted in the press recently, “Since criminals aren't deterred by the Criminal Code, it's a given they won't be deterred by any provincial legislation or municipal bylaws.”
The Prime Minister and his government know this. The 2018 paper by Public Safety Canada “Reducing Violent Crime: A Dialogue on Handguns and Assault Weapons” reports that the vast majority of owners of handguns and other firearms in Canada lawfully abide by requirements; that most gun crimes are not committed with legally owned firearms; that any ban of handguns or assault weapons would primarily affect legal firearms owners; that jurisdictions differ in their approaches to controlling handguns and assault weapons; and the data do not conclusively demonstrate that these handgun or assault weapon bans have led to any reductions in gun violence.
The former minister of public safety and former Toronto police chief told The Globe and Mail in 2019 that banning handguns would not work because most illegal guns are smuggled into Canada from the United States. The former minister was quoted as saying:
I believe that would be potentially a very expensive proposition but just as importantly, it would not...be perhaps the most effective measure in restricting the access that criminals would have to such weapons, because we'd still have a problem with them being smuggled across the border.
The Prime Minister is now poised to reintroduce legislation that died on the Order Paper when the election was called last August to remove minimum sentences for many gun-related offences, including robbery with a firearm, discharging a firearm with intent, reckless discharge of a firearm and possession of a prohibited or restricted firearm with ammunition. This is another example of the government's soft-on-crime agenda that will not reduce gun crime.
The Prime Minister and his government are completely tone deaf on what it takes to keep our community safe. It is time to target the real source of the problem. It is time to take bold and decisive action to strengthen our borders, provide the maximum support to our Canadian border agents and work in partnership with the U.S. authorities to stem the tide of illegally smuggled firearms.
On September 30, I proudly attended the ceremony on Parliament Hill and stood shoulder to shoulder with indigenous and non-indigenous Canadians, reflecting and honouring the victims and survivors of the residential school system. The good people of Brantford—Brant sent me to Ottawa for this purpose. I am honoured to represent my riding, which includes the largest first nations reserve in Canada. On the National Day for Truth and Reconciliation, I did not take a personal day and spend it on a beach.
This year's throne speech was delivered by the Her Excellency the Right Hon. Mary Simon, the first indigenous person ever to hold the position of the Governor General of Canada. As Canadians, we are very proud of this historic moment. This past summer, the collective consciousness of all Canadians was shocked and saddened with the discovery of unmarked graves at the sites of former residential schools. It is our collective responsibility to accept the truth and reflect on the failed and tragic policies of our previous leaders.
Six years ago, the Truth and Reconciliation Commission presented its final report. It presented 94 calls to action to help redress the legacy of residential schools and advance the process of Canadian reconciliation. Under the watchful eye of the Prime Minister, the Liberal government has failed to implement the vast majority of them. According to a 2020 status update on the Truth and Reconciliation Commission calls to action conducted by the Yellowhead Institute, only eight actions had been implemented. At this rate, it would take until at least 2062 to complete all 94 calls.
I am honoured to represent my riding, which includes the largest first nations reserve. Throughout my entire life, and especially during the campaign, I have had many opportunities to discuss the myriad of issues that people on reserves are facing every day. As their representative in Ottawa, I will fight tooth and nail for their interests. My—
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