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.

Justice

[Marco Mendicino, Liberal, Minister of Public Safety]

Mr. Speaker, I assure my colleague and all members in this chamber that we are introducing common-sense policies, like Bill C-75, that allow us to concentrate on the most serious offenders so we can protect our communities.

I would also point out to my Conservative colleagues that this government has invested hundreds of millions of dollars to support law enforcement and to address the root causes of crime so that we can stop it before it starts. What have the Conservatives done? In each of those instances, they have voted against.

If they are serious about taking crime seriously, they should get serious about supporting this government's policies.

Public Safety

[Alex Ruff, Conservative, Bruce—Grey—Owen Sound, ON]

Madam Speaker, I am here tonight to elaborate on something that is related to our opposition day motion today. It was a question I put to the government back in November about violent crime, Bill C-5 and the current Liberal government's soft-on-crime approach, which is not doing anything to make Canada safer.

In particular, I talked about how violent crime has risen 32% since the Liberals formed government, which equates to over 124,000 more violent crimes since they have been in government. I talked about local headlines of people “arrested again” for participation in a criminal organization, failure to comply with a probation order, 11 counts of knowledge of possession of a firearm while prohibited, two counts of disobeying a court order and two counts of breaching a weapons prohibition.

I am going to provide more local statistics from my own riding, because this is a prevalent problem. We see the media coverage all the time in our urban centres, but this problem of repeat offenders committing crimes is pervasive right across Canada.

Here is something from December 16, 2022, in my riding: “Charges laid in drive-by shooting”. Charges included possession of a weapon for dangerous purpose, careless use of firearm, assault with a weapon and discharging a firearm with intent. The key point is possession of a firearm contrary to a probation order. This individual also faces an attempted murder charge after a shooting in my riding back in August.

Here is another one: “Man suffers fractured skull in Hanover hammer attack”. I know the Prime Minister likes to speak about banning assault weapons. Well, guess what. A hammer used in an assault is an assault weapon, and good luck trying to ban all the hammers in the country. I do not think that is going to achieve much for public safety either. This happened at a convenience store. There were seven different charges, including several counts of breaching probation.

I have another one here, just miles from my own farm. It required significant resources from our law enforcement in the local area. A 53-year-old woman and a 48-year-old man were each charged with countless drug trafficking issues. The woman was additionally charged with two counts of disobeying a court order and failure to comply with a probation order. The man was additionally charged with two counts of breach of a weapons prohibition.

The fourth example is of a man in my riding. He has 25 weapons charges, with 15 different counts of a restricted or prohibited firearm and two breaches of a firearms prohibition.

Finally, I have one more example that required multiple police units to be involved. A 40-year-old man, a 63-year-old woman and a 24-year-old woman all got drug charges, and one was in possession of a firearm contrary to a prohibition order.

What is the government's solution? It removed mandatory minimum sentences for repeat offenders, including 10 of the 12 that were introduced by two former Liberal prime ministers, Trudeau senior and Chrétien. I do not know what the Liberal government had so wrong back in those days, but now we have seen every premier in this country table a letter to the government demanding bail reform. We also have police groups calling for stricter rules against these violent repeat offenders.

When are the Liberals going to repeal portions of Bill C-75 and Bill C-5 and stop targeting law-abiding firearms owners, sport shooters and farmers?

Opposition Motion—Bail Reform

[Shannon Stubbs, Conservative, Lakeland, AB]

Mr. Speaker, after eight years of the current Liberal government's soft-on-crime agenda that perpetuates a catch-and-release revolving door of repeat offenders, the brutal reality is that crime is up and Canadians are less safe.

I am grateful to Conservative MPs from every part of Canada who have always been and continue to be steadfast advocates for victims of crime, law-abiding innocent Canadians, and real measures to combat criminals and gangsters while reducing recidivism. I particularly want recognize the work of the members for Fundy Royal and Kildonan—St. Paul for bringing forward this motion today.

Five years ago yesterday, I brought forward my private member's motion, Motion No. 167, which called on the Liberals to undertake a comprehensive assessment of factors related to skyrocketing rural crime, which had the highest spike in rural Alberta and was steadily increasing across Canada at the time, and to make it a priority in the House of Commons.

Over several months, thousands of Canadians expressed support for Motion No. 167, along with more than a hundred victims advocacy groups, rural crime watch associations and municipalities from all across Canada. Alberta Conservative MPs at the time were actively working with rural constituents, law enforcement and others to highlight growing rural crime and push for action. It was heartening when Motion No. 167 passed with unanimous support from all parties, and I truly believe there was concern and goodwill from all MPs at that time.

The motion was wide-ranging. It included important amendments that I accepted from the NDP, and pushed for a deep dive into several factors, including but not limited to rural crime rates and trends; existing RCMP and other policing resources and policies in rural, remote and indigenous communities, particularly in relation to population density, policing geographic area and staff shortages; partnerships with provincial, municipal and indigenous police forces; possible recommendations to improve rural crime prevention and to curb emerging crime rates; measures to increase the tactical and operational effectiveness of indigenous police forces; strategies and resources dedicated to the judicial and rehabilitation systems in rural areas; and improved support for victims of rural crime.

What followed was a drawn-out, disappointing and rude awakening. When the final report from the Liberal-dominated public safety committee was dragged out beyond the six-month timeline that the motion set for reporting on real action, to the point that I had to ask the Speaker to get the Liberal-dominated committee just to respond, it then resulted in a report that was three pages long and effectively punted total responsibility over to the provinces, suggesting those governments should simply spend more on emergency response services and dispatch centres.

I am mindful of this today as I listen to passionate Conservative colleagues from all over Canada talking about rising crime in their communities: horrific acts of violence on transit in Canada's largest city, the murder of police officers just trying to do their jobs and keep their fellow Canadians safe, neighbourhoods in fear of all-too-regular gangster activity, and shootings with primarily illegally owned and trafficked guns from the U.S. in Canada's major cities from coast to coast. Of course, I think of my own constituents and those of other rural MPs facing record levels of ever more brazen and violent theft and robberies, trespassing, assaults and murders.

I think of the compassionate and serious work of colleagues like the MP for St. Albert—Edmonton and the courageous Shelly MacInnis Wynn, who brought forward Wynn's law specifically to close a loophole in bail hearings to mandate that an assailant's criminal history would be disclosed during a bail application, which may have prevented the murder of her husband, Constable David Wynn, who was killed by a career criminal out on bail. The majority of MPs initially supported it, but the Liberals ultimately defeated it.

I think of the “no body, no parole” initiative by the MP for Sturgeon River—Parkland, the “life means life” legislation by the MP for Calgary Signal Hill, the bill by the MP for Tobique—Mactaquac to initiate a national recidivism reduction strategy involving all the different organizations that worked to prevent repeat crime, or the constant pressure by the MP for Fundy Royal for the Liberals to appoint the victims ombudsman, an office they left empty with zero urgency for more than a year.

The common thing among all those MPs is that they are Conservatives, and there are too many to list for all the good work they have done to advance work to protect victims of crime and innocent Canadians.

However, this is the reality after eight years under the Liberals, and now unfortunately their coalition partners and boosters, the NDP: a 32% increase in violent crime across Canada and a shocking, but horribly not surprising, 92% increase in gang-related homicides across Canada.

What have the Liberals actually done? They have targeted, demonized and criminalized law-abiding firearms owners, hunters and sport shooters. They have reduced sentences and brought in house arrest for robbery, extortion with a firearm, weapons trafficking, discharging firearms with intent, drive-by shootings, discharging firearms recklessly, using firearms in crimes, possession of illegal firearms or ammunition, possession of weapons obtained by crimes, and all kinds of serious assaults and violent offences.

They considerably eased access to bail in Bill C-75, specifically saying that “primary consideration” should be given “to the release of the accused at the earliest reasonable opportunity”. When Conservatives say this is the wrong direction, the Liberals respond with false and vile accusations, bigotry, and close-mindedness, the usual approach they take to any Canadians who challenge them.

Just last month, all 13 premiers from all different regions and different partisan stripes asked for real urgent action to reform the broken bail system, which the Liberals created. The Liberals keep saying they want to work with everyone to make improvements, but it is hard not to notice that it is the system most recently impacted by their legislation that all their provincial counterparts are asking them to fix.

I am disheartened to say that, just like with inflation, driven by excessive spending, squeezing Canadians from all sides struggling to ends meet, I am not sure why anyone should trust the arsonists to put out the fire. I agree with colleagues today who have talked about how emotional this subject is. I am sure almost everyone has been touched in some way by crime.

What really matters is what elected representatives actually do. Both the results and the records of the last eight years of the Liberals are heartbreakingly clear that their actions speak so much louder than their words.

[Alex Ruff, Conservative, Bruce—Grey—Owen Sound, ON]

Mr. Speaker, I got to know my colleague from the Bloc quite well last year in Europe. However, I would like him to reread the motion. He made a statement that was factually incorrect when he said that our motion is calling for the complete repeal of Bill C-75. The motion does not state that. It states that we want to repeal those aspects that are allowing violent repeat offenders to get out there and commit additional violent crimes and murders.

My question is simple enough. Does the member agree the bail system does need reform and, as all the premiers have called for, including the premier of la belle province, we need that reform immediately and it needs to happen now?

[Luc Desilets, Bloc, Rivière-des-Mille-Îles, QC]

Mr. Speaker, I will be sharing my time with my Conservative Party colleague from Lakeland. Not surprisingly, I will be sharing my time, but not the same views.

I want to put all this in context. Today is the Conservative Party's opposition day. The motion was moved by the member for Fundy Royal. It is a direct attack on Bill C-75, which was passed in 2019, three years ago already.

The Bloc Québécois feels that Bill C-75 is a good bill overall, but there are some flaws. We do not believe that there is such a thing as a perfect bill, to be honest. Eventually, at some point in the future, there will be amendments, additions or deletions made to certain elements of Bill C-75.

The day is winding down, and we have been discussing this bill all day. Everyone knows that the Bloc Québécois is opposed to the Conservative motion. Yes, we know there are real problems when it comes to crime, but the solutions proposed by the Conservative Party are not the right ones we need to make the changes that we will eventually have to make.

As we have been seeing all day, this bill really gets people fired up. Everyone's emotions are running high, and everyone keeps firing off demands. This bill also opens the door to a lot of misinformation. Certain groups of people hide behind their ideology, which, sadly, has nothing to do with science. Others adopt a more sensationalist approach and, as in the current case, appear to be electioneering.

The motion is based on individual cases. All day, we have been hearing about two or three specific cases: murdered police officers and a man accused of rape who is serving his sentence at home. I do not want to downplay these situations, but I do want to point out that these are all individual cases the Conservatives are talking about here today, cases they are using as justification for upsetting the apple cart and going back to square one with Bill C‑75. The Bloc Québécois is against that. We want to move on, and we will vote against the motion.

The Bloc Québécois thinks that there is a bit of bad faith involved in moving this motion and that our Conservative colleagues are trying to create a false sense of security. Repealing Bill C-75 as it was passed is not going to enhance public safety. That is just not true. Let us keep in mind that we are talking about laws, justice and social justice. The Bloc Québécois supports victims. We will always side with the poor and with victims, and we think that, in this case, it is inappropriate to pursue the repeal of Bill C-75.

The Bloc Québécois hopes that we can take a sensible, reasonable and balanced approach to such important bills. We are well aware that Bill C-75 is not a cure-all, but it meets a lot of needs.

Of all of the misinformation our Conservative colleagues are spreading, there is one allegation that really irks us. They are saying that Bill C-75 requires judges to release violent repeat offenders who can then go out and commit other crimes. That is obviously misinformation, and it is easy to prove it. The Conservatives keep making this argument, but it does not hold water for the Bloc Québécois. It is not true at all. Judges still have the final say in the cases they try.

Another thing that is based on misinformation is the presumption that the Canadian justice system puts the rights of violent repeat offenders ahead of the rights of law-abiding Quebeckers and Canadians. That has been repeated all day, but it is totally false. It is clear that the claim that the bail system puts the rights of repeat offenders ahead of the rights of other individuals is a complete falsehood.

Another claim that keeps coming up is that the bail system is bad. To us that is a false claim. Bail is a way of finding a balance between the presumption of innocence, which is protected by the Canadian Charter of Rights and Freedoms, and public safety. That is why we think that statement is false. They are talking about things that do not exist, that are not there, that are purely made up.

Again, this is a very delicate exercise.

On what are the Conservatives currently basing their claim that we have to take an axe to Bill C‑75? Are they relying on empirical data? No, they did not present any empirical data today, absolutely none. Are they relying on peer-reviewed studies? No, they did not present any such studies today.

Of course, we have heard plenty of anecdotes about individual cases. We have been hearing about the same cases all day. However, that does not justify a major reform of a bill like Bill C-75. It is not possible and it is not logical. In a system like ours, to begin with individual points like this and reshuffle the deck would be madness. We could go round in circles forever.

Canada has a population of 35 million people. What do these individual cases represent out of 35 million people? I do not want to minimize the cases that have been put forward, but we cannot decide these things based on individual cases.

What is both interesting and useful about research and science is that they provide for studies to be done on large numbers of individuals. This is what validates research and why it can be presented and shared with some degree of certainty. Not all research results are perfectly accurate. At times, there are contradictory findings from one study to the next, but overall, this is what can be expected.

I want to touch on a couple of pieces of research. Earlier, in a question, my colleague referred to Carolyn Yule, a professor of sociology and anthropology at the University of Guelph. She is an expert in this area and has spent part of her life studying bail. The findings of her studies, of which there are several, suggest that a tougher approach to bail would not improve public safety.

That said, she is just a scientist, just a girl who does research and has spent most of her life studying this topic.

Furthermore, Jane Sprott, a professor of criminology at Toronto Metropolitan University, says that there is no reliable way to predict who will commit a violent crime, regardless of the type of crime. She says it would be fiscally irresponsible and unrealistic to increase the number of people in remand. This is related to what we are talking about today. She also states that pre-trial detention hurts a person's chances of not reoffending and their social reintegration. This is obviously contrary to Conservative values. I would also like to share one other small study, but I do not think I will have enough time.

Seeing as people are making assertions based on nothing, here is a big one: From 2006 to 2015, while the Conservatives were in power, crime rates dropped. Dig no deeper, and that sounds great. Three cheers for the Conservatives. The problem is that as soon as they lost power, crime rates started going up.

Is it fair to say the Liberals were responsible for what happened in that first year or two? No. It takes time for a law—

[Kristina Michaud, Bloc, Avignon—La Mitis—Matane—Matapédia, QC]

Mr. Speaker, I understand the impulse. I understand the intention behind this motion, given the proliferation of firearms these days and the rise in violent crimes in recent years. There is no ill intention here. However, making the provisions of Bill C‑75 harsher is based on the ideology of law and order.

Experts, including Carolyn Yule of Guelph University, are currently studying this issue. She studies the bail system. She says that, at this time, there is no evidence to suggest that a harsher approach to bail would necessarily improve public safety.

I would like to hear my colleague's thoughts on that.

[Luc Berthold, Conservative, Mégantic—L'Érable, QC]

Mr. Speaker, one thing sets us apart from the Bloc Québécois. One day, we will be in power and we will be able to introduce bills. We will then be able to correct the provisions spelled out in Bill C‑75. The Bloc Québécois will never be able to do that.

The Bloc Québécois should ask itself some serious questions about certain positions it has taken in the past weeks and months. For example, there is Bill C‑21 and the amendments it supported to ban certain firearms. That happened. It is true.

It also supported Bill C‑5, which is directly responsible for the release of this rapist to his home. The Bloc Québécois should ask itself these types of questions when it is time to support and adopt motions.

The Conservatives have a solution. It is not perfect, but it is a starting point. I hope once again that the Bloc Québécois will make amends and support our motion.

[Kristina Michaud, Bloc, Avignon—La Mitis—Matane—Matapédia, QC]

Mr. Speaker, I felt compelled to comment on what my colleague said in his speech, when he asked why the Bloc Québécois will not vote in favour of today's motion.

He is right that there are several elements in the Conservative motion that we agree with. For example, the increase in violent crime in recent years is undeniably true.

However, point (a) of his motion is not entirely true, not to say downright false. There is nothing in Bill C-75 that requires judges to release repeat violent offenders. What the Conservatives are suggesting is false.

There is no point in searching high and low to figure out why the Bloc Québécois cannot support this. If the Conservatives really want to make changes to certain provisions of Bill C-75, I invite them, with all due respect, to introduce a bill to amend certain provisions of Bill C-75. I think that would be better than waiting for either the Bloc Québécois or the NDP to agree with this motion.

[Luc Berthold, Conservative, Mégantic—L'Érable, QC]

Mr. Speaker, I will be sharing my time with the member for Haldimand—Norfolk.

I want to talk about a word that seems to have escaped the Liberal government since it took office eight years ago and that is “consequence” or being accountable for one's actions. The Liberals seem to have a really hard time being accountable for their actions. Even though it has been eight years, they seem to have a really hard time taking responsibility for being in power. They seem to have a really hard time owning up to the mistakes they have been making for the eight years that they have been in office. Perhaps that explains why they have hard time asking others to be accountable for their own actions, which is even more serious when it comes to crime.

Let us look at this government's track record when it comes to failing to be accountable. It will likely explain the Liberals' position on today's opposition motion.

In 2016, the Conflict of Interest and Ethics Commissioner found the Prime Minister guilty of breaking ethics laws. The Prime Minister apologized, but suffered no consequences. In 2018, the Minister of Fisheries, Oceans and the Canadian Coast Guard was found guilty of violating the Conflict of Interest Act. He apologized, but suffered no consequences. Just apologize and move on.

In 2019, the Prime Minister once again violated the Conflict of Interest Act, this time in the SNC‑Lavalin case. The Prime Minister says he took responsibility for his actions. However, he suffered no consequences. In 2021, again, the Prime Minister and, this time, the then Minister of Finance, Bill Morneau, were charged under the Conflict of Interest Act and Mr. Morneau was found guilty of violating the Conflict of Interest Act. Mr. Morneau suffered no consequences.

In 2022, in a file currently before us, the Minister of International Trade, Export Promotion, Small Business and Economic Development was found guilty of violating the Conflict of Interest Act for giving a lucrative contract to her best friend. The minister suffered no consequences. She rose in the House, said that she apologized and that she would take responsibility for her actions. What does taking responsibility for one's actions mean to this government? What does ministerial responsibility mean? It means absolutely nothing.

This week, I asked the Prime Minister a question about the case of a rapist who received a 20-month sentence to be served at home. The Prime Minister stated that it was none of our business and that it was not the responsibility of we, the politicians, to manage the law. The Prime Minister has forgotten one thing: He and his government created the law that resulted in this individual receiving a 20-month sentence to be served at home. That is the reality. Those are the facts, and I want to present them to my Liberal colleagues and even my colleagues who belong to other parties. I encourage them to listen carefully to the meaning and the words of the motion that we moved today. I will read the motion, which is important.

(i) violent crime has increased by 32%, (ii) gang-related homicides have increased by 92%, (iii) violent, repeat offenders are obtaining bail much more easily, (iv) increasing daily acts of crime and violence are putting Canadians at risk, (v) five Canadian police officers were killed in the line of duty in just one year

We are not asking for anything major. We are asking that something be done to help victims and to help Canadians feel safer. Here is our first request:

(a) fix Canada's broken bail system by immediately repealing the elements enacted by Bill C‑75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts, which force judges to release violent, repeat offenders onto the streets, allowing them to reoffend;

I want to repeat those last few words: “which force judges to release violent, repeat offenders onto the streets, allowing them to reoffend”. That is one of the effects of the legislation from Bill C‑75 that we are talking about today. Our second request is this:

(b) strengthen Canada's bail laws so that those who are prohibited from possessing firearms and who are then accused of serious firearms offences do not easily get bail;

In all honesty, how can anyone oppose this? Someone explain to me how the Liberals, the NDP and the Bloc Québécois could disagree with that. Our last request is as follows:

(c) ensure that Canada's justice system puts the rights of law-abiding Canadians ahead of the rights of violent, repeat offenders.

It is just common sense. We know that the Liberals will vote against it, but I do not understand why the NDP and the Bloc will vote against it. There is absolutely nothing partisan about this motion, absolutely nothing negative for Canadians in general. It is meant only for violent criminals, who unfortunately are too often released and commit crime after crime. This is a direct consequence of Bill C‑75 and Bill C‑5.

I know the parties supported Bill C‑5 and Bill C‑75. Unfortunately, it is now time to make amends. Past mistakes can be corrected. Why are the NDP and the Bloc Québécois not voting for this motion in order to correct this situation?

We are not the only ones saying this. The premiers of all the provinces, including Quebec, have signed a letter calling on the federal government to do better on bail to prevent tragedies from occurring, dangerous criminals from being put back on the streets, and women, children, men and families from being sadly affected by violent crimes committed by individuals who should be behind bars and not on the streets.

That is exactly the point of the motion we moved. It is entirely consistent with the letter that Canadian provincial and territorial premiers sent to the federal government. Unfortunately, the government seems to have chosen to turn a deaf ear.

I get that the Liberal government does not want to admit the Conservatives are right, so let us listen to someone else. I am talking about the famous case I mentioned earlier, the individual who sexually assaulted a woman and was sentenced to 20 months to be served at home with his cellphone and Netflix. That kind of sentence for that kind of crime is totally unacceptable.

Here are some quotes from the article in La Presse:

A Crown prosecutor chastised the [Liberal] government for its recent law opening the door to house arrest for sex offenders.

Right now, [the Prime Minister] and [the Minister of Justice] probably have some explaining to do to victims of sexual assault, said Crown prosecutor Alexis Dinelle after the hearing.

This is a direct consequence of Bill C‑5 becoming law, and I am asking the NDP and the Bloc Québécois to make amends for that today.

The article goes on to say the following:

Until last November, a judge could not impose a sentence to be served at home for sexual assault. Hard time in prison was the norm for such crimes, and sentences ranged from 12 to 20 months for assaults similar to this one.

Without any fanfare, the Liberal government's Bill C‑5 made it possible for offenders to serve a sentence in the community for sexual assault.

It is not me or the Conservatives who said that. It is a Crown prosecutor who has to live with the consequences of the passage of Bill C‑5.

For these reasons, because I hope that my colleagues from all parties want to protect Canadians who have been the victims of violent crime and prevent new crimes from being committed, I encourage them to help us make the necessary changes to ensure that violent repeat offenders stay behind bars and not in our communities.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I am not sure if the member caught the beginning of my comments. I talked extensively about how the government plays an important role in dealing with the types of issues the member has raised, whether it is through budgetary measures or legislative measures. I would cite Bill C-75, which the Conservatives are critical of.

Bill C-75 actually made it harder to be released on bail. For example, the bill imposed what they call a reverse onus. There is a wonderful opportunity for the House of Commons to be able to debate the importance of the need for making changes. However, we also need to recognize that it is not just for the House of Commons and that we have an obligation to work with others. Those others include the shared responsibilities with our provinces, territories and indigenous communities, among many other stakeholders.

It is not as simple as saying here is an idea, let us make it happen and bring in the legislation. There is a need for consultation when we have shared responsibilities. This is something that the government has strived to do. We have tangible examples of investing financial resources and legislative resources to try to improve upon our system. It is far better than it was, but it is something we can always look at ways of improving.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, I had the opportunity to listen to a great deal of the debate on the motion that has been brought forward by the Conservative Party today. Suffice it to say, if members have not detected it in my questioning of the Conservative Party, they will find that I am somewhat disappointed in the Conservative motion that we have before us.

I have had the opportunity to act in many different capacities over my parliamentary career, whether it was as a justice critic in the province of Manitoba or sitting in a quasi-judicial youth justice committee as a chairperson and as a board member, dealing with the issues surrounding things like parole, bail and so forth. I would like to reflect on the things I have done in the past and, more importantly, reflect on what I believe based on discussions I have had, whether it was with law enforcement agencies, officers, constituents or the many different stakeholders out there. I will try to summarize it all by saying that we are all concerned about safety in our communities. We all want to feel safe in our communities, and I think we all have a responsibility to do what we can.

I would suggest to my Conservative friends across the way that, yes, there have been some tragedies that have occurred where real lives have been affected in a very profound negative way because of criminal behaviour. One does not have to belong to one political party over another in order to understand and appreciate the severity, the emotions, the anxiety and the blame that take place. I appreciate that and I am very much concerned about victims, not only today's victims, but the ways in which we, as a government or as parliamentarians, can advance the minimizing of future victims by investing.

This government has invested literally hundreds of millions, going into billions, of resource dollars and others in non-profits and other levels of government, whether provincial, municipal or indigenous communities, and so much more in terms of dealing with issues such as dysfunctional families, alcohol and drug abuse or addictions and investing in communities, health centres and issues such as mental health. These are all things that I have a holistic approach to.

We want to prevent crimes from happening. We realize that criminals will eventually leave jail, and we are discouraged by that revolving door. At the end of the day, we have a system in place. It is not perfect, and I myself have some very serious issues with some of the things I have seen over the last number of years, but those years go beyond just this government. If one listens to the Conservative Party, one would think that people who were out on bail or on probation when Stephen Harper was prime minister were never in violation or never committed any crimes. However, not that much has actually changed.

The Conservatives make reference to Bill C-75, but that bill did not make it easier to get bail. I would argue it might have even been the opposite. However, the digging and taking advantage of tragedies that have occurred, those high-profile cases, and trying to say that the system is broken, well, that is something the Conservative Party leadership is trying to say on all issues. They are trying to convince Canadians that in every way society is broken because of what has taken place over the last seven years under this administration, and they are wrong on all accounts. Let us be very clear on that.

When the Conservatives say it is broken, which they say about everything because that is the theme of the Conservative Party, they are wrong. They are saying some numbers today to try to get Canadians worried and try to convince them that things are broken. To those who are following the debate, I would suggest they do not listen too closely to what the Conservatives are spreading in terms of misinformation.

I went to Statistics Canada. Listening to the Conservatives, one would think there is crime in every corner and everywhere we look. Stats Canada, in 2021, said the violent crime rate did increase 5%, while property crime rates decreased 1%, following a large decrease in 2020. The property crime rate was the lowest it has been dating back to 1965.

The Conservatives talked about homicides. They said that is where we have really seen this huge, dramatic change and that is why the whole system is broken. Let us look at the first three full years of Stephen Harper. During the first three years, and this comes from Stats Canada, in 2006, 2007 and 2008, the numbers were 608, 597 and 614 for the number of people who were murdered. For our first three full years, the numbers were 616, 667 and 662. Our population might have grown by a million, but that is a side point.

The point is that the system is not broken. The example that many of the members stand up and talk about is the issue in the province of Quebec. I am upset about it. I am very upset about it. I think anyone who assaults and rapes a woman should have to spend time in jail. That upsets me, but it was a provincial court that made the decision and it was a provincial prosecutor. That is still to be determined. Is the prosecution going to appeal that decision? I would hope so. I am not in a position to make that decision.

That is why the minister himself has said we are working with provinces. Here is a newsflash: We have been working with the provinces on bail reform since well before the Conservatives raised the issue within the last few days. In fact, back in October, the Minister of Justice and the department were actually working on consultations. During the last couple of days, those discussions have been even more amplified.

Conservatives do not care more than the Liberals care about the victims of some of these crimes we are hearing about. Our prayers, best wishes and condolences go out to the families that have been so profoundly impacted by it.

Today, we have the Conservative Party taking a look at those tragedies and putting together a motion. All one needs to do is take a look at the word “broken”. How often do they use the word “broken” nowadays? It is a political spin message, to try to give the impression that the Conservatives want to be tough on crime.

It is interesting that the critic for the Conservatives said that under Stephen Harper the number of days in jail actually went down from an average of 126 to 105. She implies that when they were in government, the number of days in jail went down, yet they are really tough on crime. It is because they are in opposition. The wording they are using is to help them, as an opposition party, get a few more headlines and create more false impressions, at least in part, in order to be able to raise more money for their coffers. It is no reflection on the law enforcement officers, the non-profit organizations, the victims or anything of that nature. I would suggest they might even be taking advantage of that situation.

We are trying to deal with it in a very real and tangible way, with legislative changes and budgetary measures, which is making a difference. We will continue that dialogue.

[Francesco Sorbara, Liberal, Vaughan—Woodbridge, ON]

Mr. Speaker, I agree with my colleague from Quebec. The Conservatives' solutions are too easy and do not take into account the reality that exists in our country.

Bill C-75 was adopted following a binding Supreme Court decision. There is a reverse onus in Bill C-75 with regard to bail. At the same time, our government's top priority, like any government's, is to keep Canadians safe and make sure they feel safe in their homes, on their streets and in their communities. I know in my community this is an important topic, and we will not rest until we know that police officers have their resources.

We must also remember that the Conservative Party of Canada was the party that cut CBSA's budget. We are now putting more money into CBSA to make sure illegal arms do not come into Canada, do not harm our citizens and are kept away from criminals. We will make sure we arrest those criminals and support our police officers day in, day out, hour by hour and day by day.

[Luc Thériault, Bloc, Montcalm, QC]

Mr. Speaker, when we talk about justice, about real problems on the streets, about the increase in violence, our discussions must be guided by the idea of justice and what is right. A fair balance means not distorting certain elements.

As much as we are sympathetic to the Conservatives' motion that refers to certain realities, they are masters at crafting motions that only they can vote for. They distort certain things, and of course we cannot support something that distorts reality.

My colleague talked specifically about Bill C‑75, which passed. If the prosecutor does his or her job properly, what happened in Ontario should never happen. The burden of proof regarding bail lies with the accused, not the Crown.

Could my colleague comment on the Conservative view that Bill C‑75 should be repealed because it does not meet the reverse onus?

[John Brassard, Conservative, Barrie—Innisfil, ON]

Mr. Speaker, there are a couple of things I will point out to the member. First and foremost, the Criminal Code in this country is a responsibility of the federal government, and any amendments, consequential or otherwise, that are made to it fall under the Minister of Justice and Attorney General in this country. With one fell swoop of a pen, they can change laws, bring them to Parliament, we can debate them and they can pass.

Second, the prosecutor in Quebec is actually blaming Bill C-75 for that situation.

I want to address an issue he brought up, because I have heard this today. Liberals talk about fundraising. We are the voices of Canadians. The fact is that they are accusing us of using this for fundraising, but we are actually being the voices of Canadians. When this member says that, he does a great disservice to police chiefs, police officers, police associations, premiers and others who are calling for bail reform. They are not sending out fundraising letters. They are asking us to do something about a broken system.

[Kristina Michaud, Bloc, Avignon—La Mitis—Matane—Matapédia, QC]

Mr. Speaker, since this is the first time I see you occupying the Chair, I want to congratulate you.

I thank my colleague for his speech. There are several elements of the Conservative motion before us today that we agree with. Obviously, we want to see an end to the increase in violent crime that has occurred in recent years, and the government needs to do more in that regard.

If the Conservatives do not agree with certain provisions of Bill C-75, I have to wonder why they have not introduced a bill to amend those provisions, rather than moving a motion on an opposition day.

I would like to hear my colleague's comments on that. Is this the beginning of a process? Will a bill be introduced in the near future? Why not?