Bill C-75 (Historical)

An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts

This enactment amends the Criminal Code to, among other things,
(a) modernize and clarify interim release provisions to simplify the forms of release that may be imposed on an accused, incorporate a principle of restraint and require that particular attention be given to the circumstances of Aboriginal accused and accused from vulnerable populations when making interim release decisions, and provide more onerous interim release requirements for offences involving violence against an intimate partner;
(b) provide for a judicial referral hearing to deal with administration of justice offences involving a failure to comply with conditions of release or failure to appear as required;
(c) abolish peremptory challenges of jurors, modify the process of challenging a juror for cause so that a judge makes the determination of whether a ground of challenge is true, and allow a judge to direct that a juror stand by for reasons of maintaining public confidence in the administration of justice;
(d) increase the maximum term of imprisonment for repeat offences involving intimate partner violence and provide that abuse of an intimate partner is an aggravating factor on sentencing;
(e) restrict the availability of a preliminary inquiry to offences punishable by imprisonment for a term of 14 years or more and strengthen the justice’s powers to limit the issues explored and witnesses to be heard at the inquiry;
(f) hybridize most indictable offences punishable by a maximum penalty of 10 years or less, increase the default maximum penalty to two years less a day of imprisonment for summary conviction offences and extend the limitation period for summary conviction offences to 12 months;
(g) remove the requirement for judicial endorsement for the execution of certain out-of-province warrants and authorizations, expand judicial case management powers, allow receiving routine police evidence in writing, consolidate provisions relating to the powers of the Attorney General and allow increased use of technology to facilitate remote attendance by any person in a proceeding;
(h) re-enact the victim surcharge regime and provide the court with the discretion to waive a victim surcharge if the court is satisfied that the victim surcharge would cause the offender undue hardship or would be disproportionate to the gravity of the offence or the degree of responsibility of the offender; and
(i) remove passages and repeal provisions that have been ruled unconstitutional by the Supreme Court of Canada, repeal section 159 of the Act and provide that no person shall be convicted of any historical offence of a sexual nature unless the act that constitutes the offence would constitute an offence under the Criminal Code if it were committed on the day on which the charge was laid.
The enactment also amends the Youth Criminal Justice Act in order to reduce delays within the youth criminal justice system and enhance the effectiveness of that system with respect to administration of justice offences. For those purposes, the enactment amends that Act to, among other things,
(a) set out principles intended to encourage the use of extrajudicial measures and judicial reviews as alternatives to the laying of charges for administration of justice offences;
(b) set out requirements for imposing conditions on a young person’s release order or as part of a sentence;
(c) limit the circumstances in which a custodial sentence may be imposed for an administration of justice offence;
(d) remove the requirement for the Attorney General to determine whether to seek an adult sentence in certain circumstances; and
(e) remove the power of a youth justice court to make an order to lift the ban on publication in the case of a young person who receives a youth sentence for a violent offence, as well as the requirement to determine whether to make such an order.
Finally, the enactment amends among other Acts An Act to amend the Criminal Code (exploitation and trafficking in persons) so that certain sections of that Act can come into force on different days and also makes consequential amendments to other Acts.

Opposition Motion—Auto Theft

[Frank Caputo, Conservative, Kamloops—Thompson—Cariboo, BC]

Madam Speaker, it is always a pleasure to rise on behalf of members from Kamloops—Thompson—Cariboo.

I will say this much. Sometimes, people say really funny things, and my colleague just said something very funny. Perhaps it was because the speech was just not that compelling.

At the end of the day, the member has spoken all about what they have done about auto theft. I will remind him that Bill C-75 did not just raise the sentence, as though he is saying that we are targeting auto theft. It was actually two years less a day that it raised it on summary conviction. It raised every summary conviction to two years less a day. The Liberal government can say that it is targeting this time after time.

There is an epidemic here, and I want to know this: Will the member admit, fundamentally, what police and citizens across the country are telling us, that there is a problem?

[Chris Bittle, Liberal, Parliamentary Secretary to the Minister of Housing]

Madam Speaker, I only hope that I can speak half as well as the other Parliamentary Secretary to the Minister of Housing, Infrastructure and Communities. That is my goal. It is aspirational. It is a very high bar, but I will do my best.

We all know auto theft is impacting more and more Canadians. In doing so, it is undermining public confidence and feelings of safety. A serious conversation is best needed to address this issue, as we owe it to our constituents to ensure we propose a meaningful impact for solutions in this area.

That is why I was disappointed yesterday to see unserious proposals coming from the Leader of the Opposition. His alleged reforms would be to do things that are already being done and would have no practical effect. We know that criminal law is not always the best solution here. We are focused on improving enforcement and working with manufacturers to increase security for vehicles. This Thursday, we are bringing together federal, provincial and municipal governments, law enforcement and industry to discuss how we can combat auto theft.

The Conservatives, and I think the Bloc just momentarily, are saying these are empty gestures, but it is an understanding of the complexity of this issue. The Conservatives think that, magically, we will change the Criminal Code, and this will disappear. They have even said they would repeal some of the provisions we have brought forward, which I believe have been to actually increase sentencing for auto theft, which again shows how unserious and slogan-based the Conservative Party is.

However, we are bringing together all people at the table. The face of auto theft varies from place to place in Canada, and what we know about auto theft is different from what it may have been 30 or even 10 years ago. According to available data, Ontario, Quebec and Alberta are the jurisdictions most impacted by auto theft, but the circumstances facing these jurisdictions differ. For instance, Alberta vehicles are being stolen for parts or resale domestically after having their vehicle identification numbers, or VINs, replaced. In Ontario and Quebec, we know that certain cars are targeted for theft so that they can be shipped to overseas markets in Africa or the Middle East. This activity is mining the pockets of transnational organized crime.

Make no mistake; transnational organized crime activity is big business. I was astounded to read about the scale. Even in data reported by the United Nations Office on Drugs and Crime from 2009, it was estimated that $870 billion, annually, was being generated by transnational organized crime. We can all imagine that number is much larger today. That number is staggering and far exceeds the GDP of most countries around the world.

We need to think about what that means. Money in the hands of organized crime, including money generated by auto theft, can be used to facilitate other criminal activity, like drug trafficking, people trafficking and migrant smuggling. Therefore, in the fall economic statement we proposed a number of measures to combat money laundering in Canada. Those measures would target organized crime in Canada and, in turn, would have an effect in combatting auto theft.

However, the Conservatives are opposing legislation, slowing it down at every turn. Even in the committee I sit on, the committee on public safety, the Conservatives are filibustering legislation to deal with cybercrime and cyber-activity to prevent us from getting to a study on auto theft. They talk a good game. Again, it is slogans. They get angry and pound the table, but when it comes to actually doing something and listening to experts, Conservatives are nowhere to be found. They are even filibustering legislation that I think they support, and the odd time we get to hear from a witness, cyber-activity is funding these same types of criminals.

Again, when it comes down to taking action on crime and protecting Canadians, it is crickets from the Conservative caucus. Maybe “crickets” is not the proper word, since there are lengthy filibusters, but I think the analogy still holds.

It is truly unfortunate to see all this legislation being slowed down. It is unfortunate to see the Conservatives voting against funding the police. We know, when they were in power, that they cut the RCMP, and they cut 1,000 officers from CBSA, and we are struggling to get back at it. It takes years. It takes time. The Leader of the Opposition the other day boasted about more cuts coming and that they can do more with less. I do not think that is what Canadians want to hear, that the Conservative Party is going to, once again, like it historically has done, cut police.

That is not what Canadians want to hear when there is a situation that needs to be addressed, but that is what the Conservatives are offering. They will change the Criminal Code in the hopes that it will do something, and cut frontline policing. They have voted against it at every turn. They are showing us what they are going to do by voting against it.

It is also interesting at the public safety committee to hear Conservative members beat the drum on American-style criminal law. That is a great thing for them to bring forward, but when I ask, time after time, if they could point me to a place that has enacted those types of laws in the United States that have made those communities safer. It is great for them to tell their constituents that they are going to bring these things in, but we can see the laboratory down south. We can look across the border and see that it has not worked. Again, it is empty rhetoric that is not going to do anything.

Our government is committed to the work of public safety. As I mentioned, this Thursday, ministers responsible from across Canada, will join federal counterparts and leaders of law enforcement to consider the impacts of auto theft here in Canada and to identify the ways to work together. The federal government is showing leadership in this space by convening this urgent meeting. As the Minister of Public Safety said, “Collaboration is the key to identifying solutions.”

The Bloc and the Conservatives can disagree and say that we should take action without listening to the experts and without understanding the complexity of crime. There is a place for the federal government. It needs to be there. However, there needs to be a place for the provinces, which oversee policing, and it is the same for municipalities; they need to work together. We are there.

We made a big announcement with the premier of the Province of Ontario, in terms of money to help curb guns and gangs and to go after organized crime. Again, the federal government is taking action. What does the Conservative Party of Canada do? It votes against that money, and that is truly shocking.

I have said before that the sole component of the Conservative Party environmental plan is recycling slogans. It really is in full gear when Conservatives talk about criminal justice, but there is nothing to back it up. It is just empty words. When it comes time to answer questions, they are nowhere to be found. They are a completely unserious party on this particular issue.

I would like to note that we already have an extremely robust criminal law framework to address auto theft. This legal framework includes specific offences that target auto theft and related activity. It includes things like tampering with vehicle identification numbers, possessing items used to break into a vehicle or using computer systems to intercept car fob signals in order to steal a vehicle. In fact, the Liberal government, in 2019, raised the maximum penalty on summary conviction for theft of motor vehicles to two years. The previous government had it at 18 months, I believe.

Would members like to know what legislation the government did this with? It was Bill C-75, the very legislation the Conservative Party leader is proposing to repeal. I am surprised he wants to lower penalties for those who steal motor vehicles. Again, it is empty slogans. His plans are unserious. The Conservative Party is unserious when it comes to public safety.

The Criminal Code prohibits possession of stolen cars for the purpose illegally exporting them. Sentencing courts have the ability to impose significant penalties in cases where organized crime is involved. Sentencing courts must impose penalties that reflect the seriousness of the offences and the responsibility of the offender. Sentencing courts cannot impose conditional sentences for auto theft when prosecuted on indictment or committed for organized crime. Again, this flies in the face of the empty promises from the Leader of the Opposition. Serious criminals cannot and should not get house arrest. This is what the law says.

Again, we hear some heckling that it is incorrect, but that is the fact. That is in the legislation that they, with their slogans, say they are going to repeal to actually make it easier for criminals to get away with it. Conservatives want to lower sentences, and they are laughing.

[Pierre Paul-Hus, Conservative, Charlesbourg—Haute-Saint-Charles, QC]

Madam Speaker, I am pleased to rise today to speak to our opposition motion and a very serious subject. Auto theft is a problem that is happening right now, and I do not know whether my colleagues are aware of this, but Canada has the highest rate of auto theft in the world. We are the number one exporter of stolen vehicles. Is that something we want to see? No, not at all.

It is important to understand that auto theft is a big deal. It has gone up by 34% in Canada since this Prime Minister and his government came to power. Even worse, it has gone up by 300% in Toronto. In Montreal and the Ottawa-Gatineau region, it has gone up by more than 100%. It is up by 120% in New Brunswick and 122% overall in Ontario. One of the reasons we are seeing these numbers is that inflation has driven up the price of cars. Compared to last year, cars are worth 20% more. They are very attractive items. Nowadays, we are no longer talking about cars that were worth $15,000 or $20,000 back in the day. They now cost $45,000 on average. The most desirable cars are in the $60,000 to $70,000 range. This means someone can steal a car and resell it for more than $100,000, even as much as $120,000, abroad. It is a very attractive market for organized crime and thieves.

This is causing stress. People are stressed right now. When they wake up in the morning or go to the grocery store, they wonder whether their car will be where they left it. Things cannot go on like this. Theft has a financial impact too. Last year, insurance companies paid out $1 billion to settle claims by the owners of stolen cars. What comes next? All car owners end up paying more for insurance. Insurance companies have to cover their losses, so they raise premiums. Once again, in addition to inflation and rising rates everywhere, insurance premiums go up because auto theft is out of control.

The solutions for controlling auto theft are not limitless. Some things are easy to do. The government is not being called out for nothing. Before I rose to speak, we heard from the Leader of the Opposition. For the past two days, he has been proposing concrete solutions to the problem. I would like to talk about the first two. First, there was Bill C‑5, which was enacted. We criticized it from the start. We made every possible and impossible representation to say that it does not work. Here is a concrete example: People are convicted, but instead of going to prison like they should, they get to stay at home. What do we think these people are doing? They think nothing of it; they are criminals. They unapologetically go out and commit more crimes.

The other issue with Bill C-5 was minimum sentences. The government stood up and the justice minister said that the Conservatives were wrong. No, we are not wrong. Auto theft currently carries a six-month sentence. What we are saying, and we are not going too far, is that if the same person has stolen three cars and has been charged with three thefts, they should get a minimum of three years in jail. I think this is just common sense. When we talk about common sense, this is a perfect example. People are looking at this and wondering whether it is normal for a criminal to continue stealing with impunity, with no penalty other than to be sent home to watch Netflix. We said before that there was a problem with Bill C-5, and we are seeing it now. We are calling on the government to fix it and rework what was done with Bill C-5.

Then there is Bill C-75, which was implemented by the Liberals and has led to people being arrested and released in the same day. At times, it happens that someone is arrested in the morning, their case is processed and, after a few hours, they are released and continue to commit crimes. It is a vicious cycle. We do not want to exaggerate; we know that very few people are doing that. However, here is a really incredible statistic. In Vancouver, 40 criminals were arrested 6,000 times in one year. That is 150 times each. It is the same 40 people. There is a small number of them, but they commit a lot of crimes. Basically, what we want to do is prevent these individuals from being released again and again and from committing crimes over and over. The repercussions of Bill C-75 are being felt everywhere.

The same thing applies to the auto theft market. These people know that there are not really any consequences under the laws that have been put in place by the Liberals. They will get arrested, go to the station to deal with a little charge and then they will be back on the street. It does not bother them. It is as though they are not afraid, they have no fear. They know they will be able to carry on doing whatever they feel like doing.

Let us talk about the technical aspect. Take, for example, the Port of Montreal. There are only five border agents to inspect the some 580,000 containers that leave the port each year, and they only have one scanner. I had the opportunity to visit the facilities there, and I saw that this big arch-shaped scanner does not always work and it is not really effective. Sooner or later, the port is going to need effective state-of-the-art equipment to get the job done right.

I want to come back to our Liberal friends. What have they being doing in the meantime, over the past several years? The Prime Minister wasted $15 million on management consultants for the CBSA. That was useless. He also spent $54 million on the failed ArriveCAN app, and the RCMP is even investigating that contract. What is more, the Liberals did not spend the $117 million that was approved by Parliament.

It is much like the support for Ukraine. Our colleagues like to talk to us about Ukraine. What is being done with the $406 million we voted on and was announced with great fanfare to buy anti-aircraft systems for Ukraine? Absolutely nothing has been done about it in a year. What is happening with the 83,000 decommissioned air-to-surface missiles that are warehoused in Manitoba? As Conservatives, we said they need to be given to Ukraine. Ukraine sent a letter asking for them. We said we needed to send them. This is war, it is urgent, but, no, they are asleep across the way. That is another file.

The fact is that the Liberals are good at making accusations, but today we are here to work on things that are happening here, in Canada, things for which immediate action is needed and expected.

What we are asking for is not complicated. As I said earlier, there is the legislation stemming from Bill C‑5. There is a way to fix at least that part of that law, which actually covers many types of crimes. I introduced Bill C‑325, which would fix the problems in that law. Obviously, it was not accepted by the Liberals or the NDP. I thank my friends in the Bloc Québécois who understood me and supported me on this.

What we are asking for today has to do specifically with auto theft. There is a way to amend the law to deter crime. First, we need to actually incarcerate criminals. More importantly, we need to discourage those who are considering becoming car thieves. Those are some of the things that we need to do. People will see that and think to themselves that it is better not to get involved in auto theft. I was saying earlier that the vehicles are worth tens of thousands of dollars. Auto theft benefits organized crime and those on the other side of the ocean who buy the vehicles, but the thieves themselves are not paid very well, even though they are the ones who are taking all the risks. If we were to target them, to make young people understand that it is not a good idea to enter a life of crime because they will end up in prison, then that would be more effective than what is currently being done.

The Conservatives get it. The Liberals did not do it, but when we take power, we are going to remove the right to house arrest. There will be no more Netflix sentences.

We are going to create a new aggravating circumstance when the offence of motor vehicle theft is committed for the benefit of organized crime. This is important, because we must stop encouraging organized crime, and that starts with tackling the root cause.

We will repeal the arrest and release rules in Bill C-75 to ensure that repeat offenders are jailed and not released on bail.

We will fire the useless management consultants at CBSA and take that money to properly equip federal ports. We will invest in state-of-the-art X-ray equipment to enable rapid scanning of containers at our major ports in Vancouver, Montreal, Prince Rupert and Halifax.

A total of 24 scanners will be purchased. Canada's four largest ports have a combined total of 12 terminals that handle container shipping. All of these terminals allow for goods to be transported by truck and rail, and each requires its own scanner and operator. The total cost for the 24 scanners is $55 million, with an ongoing service agreement of $300,000 per scanner, or $7.2 million per year.

Let us talk about spending. Two days ago, our leader presented very clear proposals. He demonstrated how a Conservative government might make “investments”, as the Liberals like to say. Well, it takes money to do that. We have solutions for finding wasteful spending. We will be able to recover that money and invest it in immediate needs to ensure the safety of Canadians and put an end to auto theft and the too-easy shipping of stolen cars to the rest of the world.

[Pierre Poilievre, Conservative, Carleton, ON]

Madam Speaker, yes, I am going. I was not invited, but I will go anyway and share my common-sense ideas. I hope that, after eight years, they will learn, because I was part of the government that managed to reduce auto theft by 50% while reducing the cost of bureaucracy at the Canada Border Services Agency.

The Bloc voted in favour of Bill C-5, which allows sentences to be served at home, thereby enabling more crime. They voted in favour of Bill C-75, which allows for the automatic release of repeat car thieves. The Bloc also supports wasting money going after sport shooters and hunters, which takes money away from our border forces.

The Bloc supports all public safety policies. It makes no sense. Only the Conservative Party makes sense for Quebeckers.

[Pierre Poilievre, Conservative, Leader of the Opposition]

Madam Speaker, I will be sharing my time with the member for Charlesbourg—Haute-Saint-Charles.

After eight years in power, this Prime Minister is not worth the cost, he is not worth the crime and he is not worth the cost of crime. After eight years with this Prime Minister in power, everything costs more, work no longer pays, housing costs have doubled, and crime, chaos, drugs and disorder are out of control.

I want to give an example from a CTV article. A 26-year-old man is facing a slew of charges filed by police officers in Bradford. Police say the suspect was arrested for stealing a vehicle at around 11 p.m. but was more or less automatically released on bail. That morning, he was arrested again at 4:30 a.m. for another theft. There will be a bail hearing. He will likely be released a second time to commit a third theft in less than 24 hours.

We are hearing these sorts of stories after eight years of this Prime Minister because Bill C-75 gives automatic parole to chronic auto thieves. Even the bail reform the government presented under pressure from the Conservatives did not address auto theft. As a result, these same criminals can continue to commit hundreds of crimes, even if they are caught. It is no big deal if they are found guilty, because, under Bill C-5, they can serve their sentence in their living room, meaning they can watch Netflix or play a game while they wait to go out and steal another vehicle. That is why, after eight years of this Prime Minister, auto theft is up 300% in Toronto, 100% in Ottawa and Montreal and 100% in New Brunswick.

The government is releasing recidivists who terrorize our streets and then it helps them send stolen goods around the world to fund terrorism and organized crime. The ports are wide open to criminals. Even though the Prime Minister has spent billions of dollars on bureaucracy, we see that the Port of Montreal has only five border officers to inspect more than 500,000 containers. Less than 1% of the containers are inspected. They have a scanner that barely works. It is easy to see why theft has massively increased. Even after all of these increases, we see that the number of containers being intercepted is the same as it was eight years ago. There is more theft, more illegal exports, but more containers are not being intercepted. That does not make sense.

We did exactly the opposite when we formed the government: We cut the number of car thefts in half. That is a massive reduction that makes me proud. The Prime Minister likes to point out the fact that we did that by cutting costs. It is true, we cut costs and reduced crime at the same time. That is a good thing, a win-win, as the member for Charlesbourg—Haute-Saint-Charles would say.

Today, I continued to present our common-sense plan. First, we will bring in three years of jail for three stolen cars. Second, we will end house arrest. Third, we will bring in harsher penalties for theft tied to organized crime. Finally, we will strengthen our ports.

We will do this by hiring 75 border officers to carry out inspections at Canada's four largest ports, namely, Vancouver, Halifax, Prince Rupert and, of course, Montreal. They will be able to use new scanners that can look into the boxes to see if they contain stolen goods. Each of those 24 scanners will be able to scan one million containers a year.

How are we going to pay for that? With a common-sense approach, dollar for dollar. We are going to cut $165 million from the budget for external management consultants. We are going to get rid of consultants and put the money into boots on the ground and box scanners.

It is really very simple. We have a common-sense plan to stop auto theft by strengthening our ports and keeping thieves behind bars. That is just common sense.

After eight years, the Prime Minister is not worth the cost. After eight years, he is not worth the crime. After eight years, he is not worth the cost of crime. Crime is costly, because after eight years of the Prime Minister, we are paying $1 billion in higher insurance premiums to pay for the stolen cars. In Ontario, that adds $120 to the insurance bill of every family that has a car.

Let me tell the story that was on CTV News on December 27:

A 26-year-old man faces a slew of charges after police arrested him twice less than six hours apart for alleged crimes in Bradford and Innisfil.

Police said he was caught stealing a car at 11:00 p.m. on Sunday. They arrested and released him, and then he was arrested at 4:30 a.m. the very next morning. That was five hours after his last crime.

This is the new normal after eight years of the Prime Minister and his catch-and-release Bill C-75, which forced police to arrest the same 40 offenders 6,000 times in Vancouver and contributed to a 300% increase in auto theft in Toronto, 100% in Ottawa and Montreal, and over 100% in New Brunswick. It is crime, chaos, drugs and disorder.

If these repeat career car thieves are actually convicted, they do not have to worry about that either, because under the Prime Minister's Bill C-5, which has the full support of the NDP, they will have house arrest, meaning they can watch Netflix or play a game of Grand Theft Auto in their living room. Then they can get up whenever they say they need a few more bucks to fill their pockets, open the front door, walk out onto the street and steal another car. That car then goes to the port and is gone.

Our common-sense plan is very straightforward. We are going to get rid of house arrest for career car thieves. We are going bring in jail and not bail for people who have long rap sheets. We are going to bring in a mandatory three years' jail for three cars stolen. We are going to increase penalties if the stolen car was related to organized crime.

Then, we are going to reinforce our ports. I am going to cut $165 million that we are now giving to management consultants, because if the managers over at CBSA cannot manage, they should not be managing; they should be fired. We will fire the management consultants, and we will put that money, $135 million of it, into hiring 75 border agents who will use 24 new scanners that are able to scan a million shipping containers every year at our four biggest ports. If a stolen car is in there and there is a phony claim on the manifest, the scanner will show it. If someone calls saying, “Look out for my stolen car,” the scanner will catch it. The box can be put aside. The car can be put back in the hands of the rightful owner.

In other words, our common-sense plan is to put boots on the ground, to scan the boxes and to put the career car thieves in jail. Our common-sense plan is to stop the crime and bring home safe streets. It is the common sense of the common people, united for our common home.

Public Safety

[Arif Virani, Liberal, Minister of Justice and Attorney General of Canada]

Mr. Speaker, he is entitled to his own opinions, but he is not entitled to his own facts. Bill C-5, which he just mentioned, maintained a mandatory minimum penalty for auto theft. That is what the Conservatives apparently want to repeal. Bill C-75, which he just mentioned, actually enhanced the maximum penalty for auto theft, moving it from 18 months to two years less a day. That apparently is what they want to repeal.

This problem cannot be fixed by suggesting redundant changes that already exist in the Criminal Code. We fix this problem by being the adults in the room, convening people and coming up with a complex solution to a complex problem.

[Tim Uppal, Conservative, Edmonton Mill Woods, AB]

Mr. Speaker, while the Liberals continue to hold meetings, criminals are going to continue to steal cars. After eight years of the NDP-Liberal soft-on-crime policies, our police forces are powerless to stop car thieves. Liberal Bill C-5 allows house arrest for these criminals and Bill C-75 allows repeat offenders to be released on bail just hours after they were arrested.

The Prime Minister has caused this crisis and he is not worth the cost. When will he reverse the soft-on-crime policies that have caused this auto theft crisis?

[Anita Anand, Liberal, President of the Treasury Board]

Mr. Speaker, I want to stress that slogans and videos are not going to fix this very complex problem. Our approach to addressing complex problems is to develop a complex solution.

In Bill C-75, the very piece of legislation that the Leader of the Opposition is asking us to repeal, our government raised the maximum penalty on summary conviction for motor vehicle theft from 18 months to two years. Why does the Leader of the Opposition want to—

[Arpan Khanna, Conservative, Oxford, ON]

Mr. Speaker, let me remind the Prime Minister that he is responsible for the ports, the RCMP, the CBSA and our Criminal Code.

Canadians are paying $1 billion more in insurance premiums because of skyrocketing auto theft claims. The Prime Minister has caused this auto theft crisis with bills like Bill C-75 and Bill C-5, which allow criminals to be on the streets the same day.

Will the government reverse its policies and replace them with our common-sense plan of jail and not bail for repeat violent offenders?

[Justin Trudeau, Liberal, Prime Minister]

Mr. Speaker, he talks about boots on the ground, but the government he was part of, that he is taking credit for now, actually cut thousands of jobs, of boots on the ground, at the Canada Border Services Agency. We have continued to step up to support Canadians.

They like to mention Bill C-5. It is a bill that kept mandatory minimum penalties for car thefts on the books. They mention Bill C-75, which is a bill that raised maximum penalties on car theft. We are going to continue to invest in fighting money laundering and organized crime, and we hope that the Conservatives change their mind and vote with us to crack down on organized crime.

Opposition Motion—Auto Theft

[Arif Virani, Liberal, Minister of Justice and Attorney General of Canada]

Mr. Speaker, I am pleased to rise to speak on this very important issue. Auto theft is a critical one that impacts Canadians.

As a GTA resident, and as a GTA member of Parliament, I have heard from my constituents, friends and neighbours about fear of theft and increased risk in their communities. I can assure each and every one of those individuals right across the country that I take these concerns very seriously and I am determined to address this problem alongside the Minister of Public Safety, the Minister of Transport and other colleagues.

What is not helpful is spreading disinformation and stoking fear even in this very chamber. It is disappointing, but unsurprising, that the Leader of the Opposition and his colleagues across the way have taken this very tactic.

To start, let us discuss what we have done to address the issue of auto theft.

In December, we increased funding to fight organized crime. Last week, we redoubled our efforts by announcing $121 million for the Ontario police forces to combat guns, gangs and organized crime.

Let me open a parentheses here; that is guns and gangs funding. On the night of a marathon vote initiated by the opposition, the Leader of the Opposition, in his infinite wisdom, returned to cast a direct vote against guns and gangs funding. Let the record be clear about which side of the House actually supports guns and gangs funding to keep our communities safe.

I was delighted to attend the announcement a week ago in York region in the GTA alongside the Minister of Public Safety, Premier Doug Ford, and other key players who will help prevent auto theft by organized crime.

We are also holding a meeting in Ottawa this Thursday that will bring together the provinces and representatives of cities, ports, insurers, automakers and other key stakeholders to discuss and develop a coordinated approach to combatting auto theft.

While Conservatives are busy tweeting out videos, as a result of a news release by our government that they decided to read, and repeating childish slogans, we have a plan to keep communities safe.

I want to point out the very bill the Leader of the Opposition has weaponized on this issue, a bill I was pleased to work on as the parliamentary secretary at the time to the then minister of justice, Bill C-75. It raised the maximum penalty on summary conviction for motor vehicle theft from 18 months to two years. For everyone who is watching right now, let that sink in. Either the Leader of the Opposition does not understand the Criminal Code or he is purposely misleading Canadians. Either way, his objective is to repeal Bill C-75 and therefore lower the maximum penalty for motor vehicle theft. If it sounds a bit illogical, it is.

Additionally, a pillar of his so-called plan is to add an aggravating factor on sentencing to this issue. As I said yesterday in the House, and as I will repeat today, the Criminal Code already includes this provision. Section 718.2(a)(iv) specifies as an aggravating factor, allowing for a more increased sentence, involvement with organized crime.

I will be sharing my time with the member for Vaughan—Woodbridge, Mr. Speaker.

This is a critical measure. We know that the majority of auto thefts are not one-off crimes committed by first-time offenders. Auto theft is most often coordinated through an operation of organized crime networks. What are we doing with respect to those organized crime networks? We are cracking down, as the police agencies have asked us to do, on organized crime and the financing of it.

How are we doing that? We have the fall economic statement being debated in this very House, Bill C-59. That bill contains provisions to crack down on money laundering to stop the organized criminals who are making our communities unsafe.

What has the Leader of the Opposition done in his infinite wisdom? He has directed every one of his Conservative colleagues to vote against this measure, to vote against measures that would keep our communities safe and to basically empower organized criminals. Is this illogical? Yes, very illogical.

In a video posted just this morning, the Leader of the Opposition threw the CBSA under the bus for failing to solve the issue of auto theft. What he conveniently failed to mention, in a very polished video that was very professionally done, is that under his watch, when he was part of the Conservative government at the cabinet table, the Conservatives cut 1,000 jobs from the CBSA.

If one of the problems with this, which we will be discussing at the auto summit, is border security, I am not sure how we keep the borders safe when we are cutting employees working at the border. Is it illogical? Indeed, very illogical.

In addition, the Conservatives routinely vote against bolstering CBSA funding. They talk out of both sides of their mouths on this issue. Canadians watching right now deserve a heck of a lot better.

I am always open to good-faith suggestions for improving the Criminal Code. I take my mandate to keep our streets and communities safe very seriously. I look forward to working with the leaders on Thursday.

What I do not see from members of the official opposition is any sort of leadership on this issue. Instead, I see trifling slogans and redundant suggestions about how to amend the Criminal Code with provisions that are already there. Canadians deserve a lot better from that opposition.

[Marilyn Gladu, Conservative, Sarnia—Lambton, ON]

Mr. Speaker, I was really surprised to see the Liberals issue a press announcement that talked about the huge increase in car theft since they were elected in 2015. It is interesting that they did nothing about the problem, other than make it worse with Bill C-75 and Bill C-5, until we started raising the issue. Now the Liberals' answer is a meeting.

Would the member agree that this is simply not enough?

[Dan Muys, Conservative, Flamborough—Glanbrook, ON]

Mr. Speaker, I will start with a couple of headlines that dominated the radio and the online and social media news in my home community this past weekend. They really underscore the debate we are having today. The first is “Gun-wielding men forcefully entered Dundas home, stole two luxury cars: Hamilton police”. The second is “High-end vehicles stolen in ‘targeted’ home invasion in Hamilton, Ont.”. Those are just a couple. Twenty years ago, I lived on the street where this particular crime took place on Friday night. It is a few houses down from where I used to live. It was shocking to hear that this was taking place. My grandparents lived on that same street when I grew up.

I talked to one of the neighbours yesterday, and people on Hopkins Court now live in fear. There were other vehicles at the targeted residence that the thieves did not get on Friday night, and the residents are now fearful the thieves will be back because they were a target. This is, as my colleagues have mentioned, a sophisticated gang operation that is taking place; it is an organized crime operation. That is the crux of the problem. They will be back because federal enforcement and federal prevention actions are woefully inadequate.

Less than 24 hours later, I received a text from my neighbour on an unrelated incident, but one of similar concern. There was a vehicle prowling around his workshop building and garage. It had to go around a steel barrier, through the grass and across a hill in order to get there. Alarmed by what he was seeing take place in the early hours of Sunday morning, my neighbour followed the vehicle and was able to get part of the licence plate number and report it to Hamilton Police Service.

These are just two recent incidents that are not isolated at all but are part of an epidemic.

I have talked to a number of constituents who have been victims of vehicle theft. One couple was able to trace their vehicle that was stolen from their driveway in Waterdown to Montreal. This was the second vehicle stolen from the couple's driveway. Waterdown is a bedroom community in the greater Toronto and Hamilton area. The couple actually walked by the person they believe was the criminal responsible on the street of Montreal near the port. Eerily, the individual gave them a knowing glance. These are incidents we are hearing about. The couple also heard that as part of this organized crime network, groups are paid thousands of dollars per night just to scope out vehicles in driveways and locations that will be targeted in the coming nights. Just to spot vehicles, they are getting thousands of dollars. We are talking about millions of dollars in criminal activity.

Truck and auto thefts are in not just my community; they are across the GTA. There have been a number of local headlines about this across Niagara, Waterloo Region, southern Ontario and, in fact, across the country. We know that local law enforcement is hamstrung because it needs the federal government to act. The Criminal Code, the RCMP, CBSA and certainly federal ports are all matters of federation jurisdiction. In order to puts the brakes on auto theft by organized crime, we need the federal government to act.

At the transport committee, which I am privileged to sit on, there was a Conservative motion put forward today to look specifically at what is going on at the port of Montreal. Unfortunately, it was voted down by the Liberals and the NDP, the cover-up coalition working together. They do not have any interest in getting to the bottom of this.

It is costing all of us, even those people fortunate enough not to have had a vehicle stolen, because we know there has been $1.2 billion in insurance payouts for stolen vehicles; this is causing an increase in insurance premiums, up 25% in some cases in Ontario. These are brazen acts of theft and violence, and they are affecting people in our communities. In 2022 alone there were a staggering 9,600 motor vehicles stolen from the GTA. This leaves families traumatized and financially burdened. The impact goes far beyond the immediate victims; it undermines the fabric of our society. It is eroding the trust and confidence in our institutions and is contributing to a pervasive sense of insecurity.

The repercussions are felt not only in the emotional toll exacted on individuals and families but also in the economic consequences borne by our communities as a whole. One of the most concerning aspects of this crisis is the failure of federal ports to stem the tide of stolen vehicles leaving our shores. These cars and trucks, pilfered from the streets of the GTHA, are effortlessly smuggled into containers, loaded onto trains and illegally shipped out of the country, primarily via the port of Montreal. Ironically, that port is in the backyard of the Minister of Transport.

In December I asked the CBSA, via an Order Paper question, how many vehicles it had intercepted at the port of Montreal. Despite the exponential rise in auto thefts that we have seen, over 300% in the GTA since the Liberal government took office in 2015, the number of vehicles intercepted at the port of Montreal remains stagnant, year over year, at somewhere between 1,000 and 1,100. We know that 105,000 vehicles were stolen in Canada in a year. We are talking about fewer than 1% being retrieved.

We know that the technology exists, through X-ray scanners, to scan more of the containers and actually track the vehicles down. However, there is just one scanner right now at the port of Montreal, and it does not work half of the time. That is insufficient.

As my colleague mentioned, there are African countries begging the Government of Canada to take action on this issue. The action is not being taken, and that is cause for concern. Like so many things in Canada, this is something that should not be happening. It should not be this way.

Even when Canadians resort to practical measures like putting Apple AirTags in their vehicles, recovery is far from guaranteed. Railway agents often refuse to inspect cargo already en route to the ports, and there are inadequate resources at the ports for inspection; therefore there is a highway facilitating this.

The root cause is the soft-on-crime approach by the Liberal-NDP government, with bills like Bill C-75 and Bill C-5 that have emboldened criminals to be repeat offenders. They are often released on bail within hours of arrest and go on to commit further crimes. Even after being convicted, these individuals are often granted house arrest, which is really insufficient.

We say, “Enough is enough.” Common-sense Conservatives are committed to really hitting the brakes on car theft and restoring the sense of security to our communities. The Leader of the Opposition has put forward a common-sense plan that includes a number of measures, such as mandatory prison sentences, ending house arrest for convicted car thieves, tougher sentencing for those crimes that are gang-related and have an organized crime element, and, of course, jail, not bail for repeat offenders and repeat violent offenders, as we saw in the examples I brought up from my community this past weekend.

In addition to that, we need to address what is happening at the ports. We need more CBSA officers. Right now there are only five at the port of Montreal. We need to cut the waste on consultants at CBSA and invest in enforcement at the ports. We also need to have more scanners that could actually address the issue.

There is some urgency now. Violent crime is up across the country. What the Liberal government has proposed is a summit: more convening and fewer results.

Common-sense Conservatives have a plan to axe the tax, build the homes, fix the budget and stop the crime. Indeed, we are going to stop crime. We are going to slam the brakes on auto theft. We will restore law and order. We will bring home safer streets to Canadians from coast to coast.

[James Maloney, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada]

Mr. Speaker, I will be sharing my time with the member for Winnipeg North.

I am pleased to rise to speak to this motion and to illustrate our action in taking up the fight against organized crime and auto theft. It goes without saying that Canadians must be able to live free from fear of crime in their neighbourhoods. Not only can auto theft cause financial devastation, but it also makes people feel unsafe in their own homes.

I know that auto theft is a top of mind issue for many. In fact, I expect most of us here know someone who has had their car stolen recently. In fact, one of my colleagues had his car stolen recently.

As a resident of the GTA, I understand the toll these crimes can take on individuals and communities. It disrupts our lives and it undermines our feelings of safety. It also costs Canadians significantly. According to the Insurance Bureau of Canada, auto theft claims totalled $1.2 billion in 2022. This is unacceptable. It puts on us an onus to work together to find ways to denounce this conduct.

This is why our government is throwing its weight behind the solving of this issue. We have been working on measures to tackle auto theft for months now. Most recently, we announced $121 million in funding for Ontario to combat gun crime, gangs and organized crime, including auto theft.

Auto theft is a timely topic for discussion this week, as the Minister of Public Safety and the Minister of Justice have invited key players from across the country to come together and identify solutions to auto theft.

Political leaders, police, border agents, auto and industry executives will be among the attendees. I am confident that these productive conversations will lead to concrete suggestions for how we can better stop auto theft from occurring in Canada.

It is ironic that members opposite are highlighting the problems of auto theft when they refuse to support our solutions. The Conservatives have promised to vote against the fall economic statement and are delaying its passage. This critical legislation contains anti-money laundering provisions that will crack down on organized crime networks and contribute to fighting auto theft.

The vast majority of auto thefts are not spontaneous crimes committed by one or two individuals. Highly organized networks of criminals are involved at various stages, from targeting a vehicle to the theft itself to its trafficking through major ports destined for resale markets in Africa or the Middle East.

Criminals may use the proceeds of crime from stolen vehicles to facilitate other forms of serious crime like trafficking drugs, people and firearms. This is why I am sad to see my colleagues across the way opposed to the important changes with which we are trying to fight organized crime.

The Leader of the Opposition announced his so-called plan to combat auto theft the day before yesterday. We know it would not actually accomplish anything. He proposed measures that are either ineffective or already exist.

We have real solutions.

The Criminal Code has a comprehensive framework that addresses motor vehicle theft along the spectrum of the crime. This includes preparatory offences, offences for the actual theft, trafficking and possession of stolen property offences, and proceeds of crime offences.

The Criminal Code also includes specific offences to address organized crime activities. It includes many offences that address the situation when violence is involved during a theft, such as the use of a firearm.

Many of us are aware of devices that thieves use to acquire a key fob signal and relay that signal to unlock or start a vehicle. These devices are illegal under the Criminal Code. It is also illegal to knowingly possess any instrument that can be used to break into a motor vehicle for that purpose. Both of these offences carry a maximum penalty of 10 years if proceeded by way of indictment.

The Criminal Code also has general provisions that address auto theft. For example, theft of property over $5,000 is punishable on indictment by a maximum penalty of 10 years imprisonment or two years less a day imprisonment on summary conviction. Theft under $5,000 is punishable on indictment by a maximum penalty of two years imprisonment or two years less a day on summary conviction.

The Criminal Code also has a specific motor vehicle theft offence, which is punishable by a maximum penalty of 10 years imprisonment on indictment and two years less a day on summary conviction. In the case of a third, or subsequent conviction, a mandatory minimum penalty of imprisonment of six months applies.

In fact, our government took action to crack down on auto theft in Bill C-75, by raising the maximum penalty for motor vehicle theft from 18 months to two years less a day. This is another example of our sustained focus on eradicating auto theft from our communities. This is the very legislation that the Leader of the Opposition wants to repeal. He would lower maximum sentences for auto theft. As always, the leader of the Conservatives would rather spread disinformation and spark fear across the country than focus on facts.

The Criminal Code also contains a comprehensive legal framework that targets criminal organizations, offences relating to criminal organizations, including participating in criminal organization activities; recruitment to a criminal organization; the commission of an indictable offence for the benefit of, at the direction of, or in association with a criminal organization; and instructing the commission of an offence for the benefit of, at the direction of, or in association with a criminal organization.

The organized crime provisions have specific sentencing outcomes. First, sentences imposed for any of the organized crime offences must be served consecutively with sentences imposed for other offences arising from the same transaction. Second, courts are required to consider, as an aggravating factor at sentencing, that an offence is committed for the benefit of, at the direction of, or in association with a criminal organization. This is one of the measures the Leader of the Opposition has committed to enacting to solve the problem of auto theft. It is already in place; he is catching up. Again, he is not proposing real solutions.

There are also Criminal Code measures that aim to prevent offenders from benefiting from the proceeds of their crimes. This includes pretrial seizure or restraint of proceeds of crime and the possibility of forfeiture of proceeds of crime following conviction or a fine in lieu of forfeiture in certain circumstances when the proceeds are no longer available.

These are just a few of the offences that currently can be leveraged by law enforcement and prosecutors to address auto theft.

The Criminal Code is a helpful tool to penalize auto thieves, but we are also working on comprehensive solutions to prevent auto theft from occurring. On Thursday, key players will gather in Ottawa to discuss more solutions. The meeting will feature law enforcement, industry leaders and all levels of government coming together to identify short, medium and long-term actions to combat auto theft to continue to strengthen our initiatives that are already under way.

There are many ways we can address the problem of auto theft, and everyone has to be part of the solution. The Leader of the Opposition wants to boil things down to empty slogans that do not solve anything. We will be looking at regulatory change, what industry can do to help, how provinces and municipalities can help and how to improve enforcement. I look forward to working with everyone who is serious to solve this problem.

I am grateful for the efforts that are already under way to combat auto theft and I look forward to a productive day of discussion on Thursday for the next steps.

[Arpan Khanna, Conservative, Oxford, ON]

Mr. Speaker, that is very rich coming from the Bloc when its members supported these catch-and-release, soft-on-crime bills, like Bill C-75 and Bill C-5.

Quebec alone has seen a 50% increase of auto thefts in the last few years. Instead of standing up, joining the common-sense Conservatives and supporting our motion to help those in Quebec, he is not. It is time that the Québécois stand with our party, stand with Canadians, and start putting the rights of victims first, not the criminals.