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.

Criminal Code

[Mel Arnold, Conservative, North Okanagan—Shuswap, BC]

Mr. Speaker, it is an honour to rise today to speak to Bill C-84. I would first like to mention that I will be sharing my time with the member for Markham—Unionville.

Bill C-84 seems to be another example of the government striking a valiant attempt to make a change, yet it is an incomplete attempt, much like most of the legislation we have seen coming forward from the government. Some of these previous shortcomings include Bill C-45, the cannabis bill, which just came into effect a few days ago. Even though that legislation was debated in the House and passed roughly a year ago, there still remain multiple enforcement agencies, municipalities, regional districts and first nations that agree it simply was not complete or ready. It did not give the provinces or municipalities time to prepare.

After that was Bill C-46, the bill that dealt with impaired driving, which was tied to Bill C-45. We have now heard that because of the way Bill C-46 was drafted, there is no proof that the systems in place and the science and technology around identifying impairment, which was fairly standardized when it came to alcohol, are going to be effective when it comes to drugs. Not only do we have another piece of flawed legislation out there, but we have communities and enforcement agencies trying to scramble to figure out how to deal with that.

The next piece of legislation I am familiar with is Bill C-71, the government's firearms legislation, which, in listening to its rhetoric, is aimed at reducing gun violence, gangs and so on. However, the bill does not mention gangs or gun violence at any point in time. All it talks about is registering firearms and making things worse for law-abiding firearms owners.

The most current is probably Bill C-75, an act to amend the Criminal Code. That is a bill the government introduced to bring modernization to the Criminal Code. That bill has been bantered back and forth many times, but it is now at committee stage. My colleague from St. Albert—Edmonton is currently on the committee studying that bill, and members are looking at stacks and stacks of amendments to another government bill. I experienced the same thing when I sat in on the discussion on Bill C-69, when I happened to be substituting on that committee. I believe there were 600 amendments to that government bill. The bill was 300 pages long, and I believe 300 or 350 of those amendments came from the government side.

I continuously see the government putting forward draft legislation for debate in this House that it has not thought through or consulted on properly, and it just ends up being hashed about at committee. We have seen the Senate return a number of bills to this House with amendments. Worst of all, we see communities, enforcement agencies and the public trying to figure out how they are going to manage or work around this poorly drafted legislation from the government.

Turning back to Bill C-84, an act to amend the Criminal Code with respect to bestiality and animal fighting, I praise the government for bringing forward legislation to deal with this. I agree we need to do what we can, as legislators, to bring in legislation to protect people, protect the innocent and protect animals from the abuses we have seen. Also, to protect them from the ways criminals have been able to skirt the laws through definitions, different interpretations in the courts and so on. On that point, I will give the government credit for at least attempting to do something right.

When I look at this bill, I also see where it comes up short in some cases. I compare it to an insurance policy. I think everyone here has had an insurance policy and has taken a close look at it. Some have possibly made a claim through that insurance policy only to find out that the claim is denied because in the fine print something was excluded.

We may get a chance to amend this bill in committee. Even though it is a short bill and one would not think it needs much amendment, I do not believe it is perfect and I will be talking to committee members about possible amendments going forward.

When I see that the bill includes a phrase that basically bans the fighting or baiting of animals or birds, I question whether that is going to impact our provincial hunting regulations. I have not yet been able to have full discussion with anyone to determine this. In some provinces, it is completely legal and within ethical standards to plant crops to attract wildlife, such as deer and elk, to certain areas for hunting purposes. Those are perfectly accepted standards that continue to this day. In fact, many of those standards actually improve the chances of correct and humane harvest of those animals because they are at a baiting station.

That is why I question the wording in this bill. I will be following through further on this to make sure that this bill, like many other bills the government has put forward, is not flawed after it gets through committee. I want to make sure we are protected in those ways.

Another thing that troubles me with this bill is why it took the government almost a year to introduce its own bill that is identical in most ways to a bill introduced by a member from our side of the House, the member for Calgary Nose Hill. Her bill was introduced in December 2017, and yet the government sat on it and did not move it forward for debate. The government could have had this process done by now and given credit where credit was due, to the person who brought the issue forward.

It seems to be a continuous mantra of the government to not do anything until it is caught not doing anything. We see it when we have witnesses appear at committee to give testimony. We see it in the Auditor General reports. It just seems to be a continuing theme.

In fact, I had the same experience myself. I introduced a private member's bill a couple of years ago to recognize volunteers in search and rescue situations. Just a few weeks later the government announced that it was going to create service medals for search and rescue volunteers. Again, it was not doing anything until it got caught not doing anything.

That is the case here. It is disappointing that the government has to be shown the way forward by members on our side. We see this quite often with the opposition day motions we bring forward. In fact, we had another one just last week. We put forward an opposition day motion that the Liberals could have easily acted on much sooner, but we had to force their hand by forcing the argument and putting it to them to make them step up to the plate. It is just another case of, as I said, not doing anything until they are caught not doing anything. Then they get caught in a bind and have to put out something that is not complete, not well-thought-out and not well-processed.

With that, I am finished my comments. I know I will be receiving questions on this.

Public Safety

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

Mr. Speaker, I have a petition on Bill C-75, a bill which proposes to lighten the sentences for some very serious crimes like forceable confinement of a minor, forced child marriage, impaired driving and advocating genocide.

The petitioners call upon the Prime Minister to defend the safety and security of all Canadians by withdrawing Bill C-75.

Justice

[Blaine Calkins, Conservative, Red Deer—Lacombe, AB]

Mr. Speaker, it is clear that the Liberal government is soft on crime and way too focused on coddling criminals instead of supporting victims and ensuring the safety of Canadians.

In the last month, we have seen the Liberals proactively welcome convicted terrorists back to Canada, transfer Tori Stafford's murderer into a healing lodge where kids are present, punish law-abiding gun owners while making life easier for terrorists, gangsters and criminals and provide generous veteran's benefits to a cop killer who never served a day of his life in the military.

Now it is doubling down with Bill C-75, a deeply-flawed omnibus justice bill that reduces the penalties for serious crimes like human trafficking, utilizing date rape drugs and impaired driving causing bodily harm. This is just further proof that the Liberals are making Canadians less safe and cannot be trusted to look after the interests of victims.

Why are the Liberals always on the wrong side when it comes to criminal justice?

Criminal Code

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Mr. Speaker, I am happy to be partaking in today's debate on Bill C-84. It touches some subject matter which is difficult to talk about, but that is often the case with the Criminal Code. The Criminal Code is a gigantic statute that has to cover everything that could possibly go wrong in society and figure out how we amend and correct that behaviour, but also how we dole out punishment.

Bill C-84 is specifically aimed at addressing gaps in the Criminal Code that exist with respect to animal bestiality and animal fighting. Supreme Court decision R. v. D.L.W., from 2016, was referenced by both the Minister of Justice and the hon. member for Calgary Nose Hill.

Specifically, Bill C-84 would update section 160 of the Criminal Code to include a broader and more comprehensive definition of “bestiality” and would amend paragraph 445.(1)(b) and subsection 447(1) to address animal fighting, specifically building facilities to harbour animal fighting and also promoting or making money from the event.

Canada's animal welfare laws have not been substantively changed since the 1890s, which has to say something to anyone listening to this debate.

I want to acknowledge the member for Calgary Nose Hill, who brought forward a private member's bill on this issue, Bill C-388. In her drafting of Bill C-84, the Minister of Justice lifted Bill C-388 and included it. Therefore, that is an acknowledgement of the work the member for Calgary Nose Hill has done.

I know the member for Calgary Nose Hill was recently in a bit of a tussle with an iPolitics columnist on an article he recently wrote. He was looking at some of the statistics that existed with this crime. There is the Supreme Court of Canada case I mentioned and there has been one case in federal court. Even in the province of Alberta, which is home to 4.3 million people, six people were charged with that offence between 2013 and 2017. Therefore, it is not a very wide ranging crime. It is certainly an abhorrent one and one we should we should rightfully close in the Criminal Code.

What I am concerned about is not really what is in Bill C-84, which I hope will receive unanimous consent in the House to have it sent to the Standing Committee on Justice and Human Rights. I am mostly concerned about what is not in it. I also agree with the member for Calgary Nose Hill's assessment of the glacial pace of justice reform by the Liberal government.

The minister came to power with a mandate letter from the Prime Minister, signalling bold criminal justice reform. We had a series of four government bills, which I will not number. Every time a new justice bill was added, like an amoeba, it would swallow the components of the first one and progressively get bigger and bigger. However, they were all languishing at first reading. Finally, we arrived at Bill C-75 and there was action on that bill, which I believe is currently at the justice committee. However, it has been a pretty glacial pace.

I like and respect the Minister of Justice. I was our party's justice critic for the entire 2017 year. It is a complex subject matter and requires a lot of responsibility and maturity to approach it. However, I have to judge the minister on her performance and I would not really give her a passing mark on the legislative front with respect to the promises made within her mandate letter.

I want to now move to a story from my riding, a story of Teddy the dog. This really goes to the heart of what is not included in Bill C-84. I will give my support to the bill, but I know constituents in my riding will be sorely disappointed. Teddy the dog was one of the most brutal cases of animal abuse the BC SPCA has ever witnessed.

In February of this year, officers came onto a property and found an adult dog tethered by a few inches. It was standing out in the wet and the cold in a pile of its own feces. The officers found a collar imbedded in that dog's neck that had caused the dog's head to swell to three times its original size, because it had been left on the dog from the time it was a puppy. The collar had never been loosened. When the officers removed the poor animal named Teddy and brought it to the veterinarian, the vet had to surgically remove that collar, which exposed the dog's trachea and a mound of infected flesh. Unfortunately, that dog passed away from its injuries.

It is far too often in this country that we hear of cases like that. Changing our laws would not be the magic bullet to solve this problem, but it would be one key, critical component, especially when we have such obvious gaps in our system.

There was a rally in my riding in March, where, as I said earlier, we had people from across the political spectrum. We had supporters of the Conservative Party, the Liberal Party, my party and the Green Party. They were all united, because they cared about animal welfare, and they cared that the state of our animal cruelty laws is not up to what it should be right now.

During that rally, I made a commitment that despite the defeat of Bill C-246, put forward by the member for Beaches—East York, I would continue pressuring the Minister of Justice to close these gaps and address the shortcomings of our current criminal law.

The unfortunate fallout from the case of Teddy the dog was that some people in the community felt that they could take the law into their own hands. A great deal of racism came out of it, because it involved a property on a first nation reserve. Therefore, I want to take this opportunity to remind constituents in my riding that racism and vigilantism have no place in our community. While we must always stand on guard for animal welfare, and certainly prosecute to the fullest extent of the law those who are found guilty, we have to let the law do its job. We have to believe in the rule of law. We cannot support or condone in any way people taking up a case for themselves. I want to make that very clear.

As I mentioned in my question to the Minister of Justice, not only this Parliament but previous Parliaments have wrestled with the idea of the inadequacy of the Criminal Code provisions with respect to animal cruelty. There have been a number of Liberal bills and New Democrat bills over previous Parliaments that have dealt with this issue.

I will get to the bill put forward by the member for Beaches—East York, but first I want to mention the bill put forward in a previous Parliament by the great Irwin Cotler, probably one of the most revered Liberals ever and a former minister of justice himself. He introduced Bill C-610. It only made it to first reading, but that particular bill tried to make some important updates, specifically with respect to failing to provide adequate care. Bill C-610 was introduced on June 6, 2014. I want to read into the record the speech Mr. Cotler gave at that time:

Mr. Speaker, I am pleased to rise and introduce this legislation, which amends the Criminal Code's provisions on animal cruelty. In particular, it creates a new offence of inadequate and negligent care of animals. The bill establishes an offence for anyone who negligently causes unnecessary pain, suffering or injury to an animal or a bird, or, being the owner, wilfully or recklessly abandons it or fails to provide suitable and adequate food, water, air, shelter and care for it. It also punishes those who negligently injure an animal or bird while it is being conveyed.

He went on to say that “Canada's animal cruelty laws are woefully out of date.” He left it at that.

The former member for Parkdale—High Park, Peggy Nash, introduced Bill C-232 in the last Parliament. The hon. member for Vancouver Centre, in the previous Parliament, introduced Bill C-277. There has been multi-party support for these initiatives, but every time, they seem to have run into roadblocks.

Coming up to the most recent attempt in this Parliament, Bill C-246, which was introduced by the member for Beaches—East York, unfortunately I was not present for that second reading vote. I was travelling with the Special Committee on Electoral Reform at that time. I was substituting on it. We were hearing from the great people of Atlantic Canada about how great it would be to have some electoral reform. Unfortunately, the Liberals did not see it the same way. We will see how that conversation goes on in the future.

In any case, I think the member for Beaches—East York acknowledged that his particular private member's bill probably bit off more than it could chew, as it was trying to cover so many different angles. The more a private member's bill covers, the more areas people can find problems with and reasons to shut the whole thing down. I know that there were concerns raised by my Conservative colleagues, especially with respect to legal activities such as ranching, hunting, fishing, trapping, medical research and so on. I think there are ways to proceed with legislation that would address those concerns.

My wife and I have a small farming property. I come from a rural area of Vancouver Island. My constituents like to hunt and fish, and many of them are farmers. I would not support a piece of legislation unless there were specific provisions to protect those activities. I have some of the best salmon fishing in the world right off the west coast of Vancouver Island, which I enjoy. That is something that is a part of our heritage.

I raise animals. Most farmers will say that looking after the welfare of their animals is good for business. We do not want to have animals that are sickly or in poor health. I can attest to that. I have chickens, turkeys and lambs. When they are happy and well looked after, they do very well. It is in my interest not only from a moral point of view but from a commercial standpoint. There are always going to be those few bad apples who give everyone a bad name. However, that is specifically what this law has to be designed for, to weed out the bad apples and go after those who are the poor farmers who give everyone a bad name, and so on.

In 2016, when the member for Victoria, who was our party's justice critic and is now back to being the justice critic, rose to give our party's response to Bill C-246, he addressed those concerns. He said that we can insert clauses into the Criminal Code that start off with the phrase “For greater certainty” to make the necessary changes.

I heard concerns during that debate from Conservatives who wondered about jurisdictional and constitutional issues, because we know that the provinces have their own animal cruelty laws, as does the federal government. However, the supremacy of the criminal law power could easily override provincial legislation to ensure that we were not ending up with a patchwork quilt and that the law applied equally in each province, no matter where one lived. The Supreme Court of Canada has held that valid criminal law requires a prohibition, a penalty and a criminal law purpose, such as peace, order, security, morality and health. A change with respect to animal cruelty could easily satisfy all of those.

Here we are three years into the government's mandate, which I alluded to in my opening remarks. With respect to Bill C-84, there is so much more that could have been included in this bill. I said to the Minister of Justice during questions and comments that, with respect, the provisions in Bill C-84, which is not a very big bill, are very much the low-hanging fruit. I do not see how anyone in this place could raise any legitimate concerns about the bill, except for tinkering around the edges, such as whether some words could be modified. The general purpose of the bill is to broaden the definition of “bestiality” and to make sure that we have an all-encompassing law that goes against animal fighting. We are not going to find any significant objection to that.

However, the minister saying, after the defeat of Bill C-246, that the conversation would continue, that the Department of Justice would be having ongoing consultations with stakeholders, I think led many Canadians to believe that reform was actually coming. Therefore, when I announced to my constituents that we had Bill C-84 and what was missing, I had to convey a sense of disappointment.

Honestly, I think I and many constituents and many Canadians across this country were expecting a lot more, not only because it is three years into the government's mandate but because it is also two years after the defeat of Bill C-246. I know that the member for Beaches—East York has conveyed publicly that Bill C-84 is an obvious choice and is the low-hanging fruit. However, there is a sense of wondering what else is coming.

The Liberals are masters of the long promise. They say that they are continuing to engage with people, but I would not be surprised if we have to wait until the 43rd Parliament before we get some action. Who knows who will be in power at that point to deliver it?

My party has long supported animal cruelty measures. I have mentioned all the private members' bills. We could have included in this legislation, and I hope this is something the committee on justice and human rights will look at, some provisions for basic standards of care.

If I look at the case of Teddy the dog, in my riding, he was tethered with a chain just a few inches long and was having to stand in his own pile of feces. The B.C. SPCA has some specific recommendations the government could take note of. Basically, they want to see, for any dogs or animals that are tethered, five freedoms respected: freedom from hunger and thirst; freedom from pain, injury and disease; freedom from distress; freedom from discomfort and freedom to express behaviours that promote well-being. That is a starting point. There are lots of suggestions out there. There are many different stakeholders involved in this issue, and this is something the government could have taken note of.

As I referenced in my earlier questions and comments, I have written to the minister on this issue on behalf of constituents. Prior to Bill C-84 being introduced, I conveyed in my correspondence to the justice minister the concerns of my community about how many cases of animal cruelty exist across this country and that this particular case acted as a catalyst. People are demanding more action.

The minister did respond in June of this year. Again, it was not really anything concrete. She assured me that the government was intending to review all the options to improve any gaps in protection resulting from the existing Criminal Code provision, which is something that has not been done yet. The minister agreed publicly that animal cruelty is a significant social issue that needs to be addressed, and so on. There are many public comments that come from the government that signal an intent to do something, but when we actually get something concrete, like Bill C-84, we see that it has not amounted to much.

Just to highlight how important this particular issue is and why these gaps are so important, I want to speak about some of the statistics. It was reported, I think a couple of years ago, that there are approximately 45,000 animal cruelty complaints in Canada every year, but only one in 1,000 result in charges and far fewer in convictions. That is a significant difference between complaints and actual action in the court system. It says to me that there is definitely a need for this legislation.

I will conclude by saying that we support these gaps being addressed in the Criminal Code. Bill C-84 is an important first step. The Minister of Justice can be assured that we, as a caucus, will be supporting this bill going forward to committee, but we will remind Canadians that there was so much more that could have been done. It is a sad day that, after three years, we are still going to have to wait for those meaningful parts to be addressed.

[Jody Wilson-Raybould, Liberal, Minister of Justice and Attorney General of Canada]

moved that Bill C-84, An Act to amend the Criminal Code (bestiality and animal fighting), be read the second time and referred to a committee.

Mr. Speaker, it is with great pleasure I speak to Bill C-84, an act to amend the Criminal Code, bestiality and animal fighting, which brings forward important updates to the Criminal Code. Our government remains steadfast in our commitment to ensure our laws protect our most vulnerable and reflect our commonly held values. The bill is exactly about that.

As a government, we have brought forward important amendments to the Criminal Code, including by increasing efficiencies in the criminal justice system, cleaning up outdated and unconstitutional provisions, clarifying sexual assault laws and strengthening the impaired driving regime. These changes, along with those proposed in Bill C-84, reflect my ongoing commitment to ensuring our criminal laws remain clear, comprehensible and contemporary.

I am proud of our efforts in this regard and will continue to pursue law reform that is evidence-based and ensures our criminal justice system extends the strongest protections to Canadians, especially the most vulnerable.

Before I begin to outline the details of the bill, I would like to acknowledge the advocacy of many honourable members in the House, including in particular the member for Beaches—East York for his leadership and for initiating a very important discussion on this issue in his private member's bill. I would also like to thank the several organizations and numerous Canadians who have written in and advocated for many years. The bill is a result of their hard work.

Bill C-84 focuses on filling gaps in the Criminal Code and preventing violence and cruelty toward animals. It reflects significant consultation with child and animal protection groups, as well as agricultural and animal use stakeholders, and brings forward changes that reflect a common ground approach to addressing these important issues.

Clause 1 would add a definition of “bestiality” in section 160 of the Criminal Code to include “any contact, for a sexual purpose, between a person and an animal.” This responds to the decision of the Supreme Court of Canada in R. v. D.L.W. in 2016, where the court held that the bestiality offences in section 160 of the Criminal Code were limited to sexual acts with animals that involved penetration. In arriving at that determination, the court examined the common law definition of bestiality, which originated in British law and was subsequently incorporated into our Criminal Code.

The broadened definition would increase protections for children, as well as other vulnerable individuals who may be compelled to engage in or witness bestiality, and animals, by ensuring the criminal law captures all sexual acts with animals, not just those involving penetration. By virtue of the definition's “sexual purpose” focus, legitimate animal husbandry and veterinary practices would continue to be excluded from the scope of the offence.

In its decision, the Supreme Court noted that courts must interpret the law, not change the elements of crimes in ways that seemed to them to better suit the circumstances of a particular case. Rather, it is Parliament's responsibility to expand the scope of criminal liability, should it elect to do so.

In the wake of this decision, child protection advocates as well as animal welfare groups expressed serious concern with the effect of the decision and called for law reform. I agree the gap identified by the Supreme Court requires a parliamentary response, and we are doing just that.

As mentioned, this bill responds to the Supreme Court's decision in D.L.W., by defining bestiality as “any contact, for a sexual purpose, with an animal.” This would ensure all contact between a human and an animal for sexual purpose would be prohibited. This would send a clear and unequivocal message to those who would wish to harm animals. This amendment would also provide increased protection to children who would be exposed to or coerced to participate in abusive conduct, as well as other vulnerable persons who may be compelled to engage in such conduct.

The proposed definition focuses on the broad term of contact for sexual purpose. The phrase “for a sexual purpose” has a well-established meaning in Canadian criminal law. It is used in a number of different instances in the Criminal Code, and I am confident the use of this consistent terminology will cover the offences in question.

In its entirety, the proposed definition is clearer and reflects Canadians' understanding of what this offence entails. It is also consistent with calls from animal welfare groups and agricultural stakeholders, including the Canadian Federation of Humane Societies and the Canadian Federation of Agriculture.

At the same time, this definition will ensure that those involved in legitimate animal husbandry activities, including breeding livestock and veterinary medicine, will not be captured by these offences.

Currently, the Criminal Code has three main offences related to bestiality. Bill C-84 does not change the nature of the penalties related to these offences which, on indictment, carry maximum sentences ranging from 10 to 14 years in jail.

I would also like to note that the changes proposed in my criminal justice reform legislation, Bill C-75, will increase the maximum penalty on summary conviction for both offences to two years less a day. Such changes will contribute to a more efficient criminal justice system by encouraging proceeding by way of summary conviction where it is appropriate to do so.

There is a strong public safety rationale for Parliament to expand the scope of these offences, particularly as it relates to enhancing protections for children and other vulnerable persons. Research continues to demonstrate a well-established link between animal sexual abuse and sexual abuse of children, as well as other forms of violence.

I would note that the Canadian Federation of Humane Societies organized a conference in 2017, the purpose of which was to look more closely at these issues. The final report provides an overview of these issues. I commend the federation for its important work to promote a greater understanding of the severity of these issues.

We also see these links in criminal cases. Canadian criminal law shows that when sexual abuse of a child involves an animal, the extent of this horrible behaviour is most often severe and frequently includes a pattern of vicious treatment of both the child and the animal. With this bill we are ensuring that those in law enforcement, including prosecutors, have the tools they need to achieve justice for the victims of these despicable acts.

I would also like to discuss a second set of reforms contained in Bill C-84, which marks an important step in providing comprehensive protections for all animals. These additional measures will strengthen protections for animals by broadening the scope of the animal fighting offences in the Criminal Code.

There are currently two offences in the Criminal Code that specifically address animal fighting. The first is paragraph 445.1(1)(b), which prohibits encouraging, aiding or assisting at the fighting or baiting of animals. This is a hybrid offence with a maximum penalty of five years on indictment or a maximum of 18 months' imprisonment and/or a fine, not exceeding $10,000. Bill C-75 will also increase the maximum penalty on summary conviction to two years less a day.

Presently, this offence fails to capture a number of other associated activities with participating in the deplorable activity of animal fighting. Accordingly, Bill C-84 proposes to broaden the scope of this offence to include a wider range of activities, including encouraging, promoting, arranging and assisting at, receiving money for, or taking part in the fighting or baiting of animals, including prohibiting any of these activities with respect to the training, transporting or breeding of animals for fighting or baiting.

These are important changes and will ensure that all aspects of animal fighting are prohibited, ensuring that all persons in the chain of this criminal behaviour can be held accountable. I note, in particular, that the proposed changes also target the financial incentives associated with this crime and, in so doing, will act to discourage those involved with this unacceptable behaviour.

The second existing offence prohibits keeping a cockpit, which is section 447, and carries the same penalties as animal fighting. It too will see its maximum penalty on summary conviction increase through Bill C-75. This offence, as it exists in the Criminal Code, is extremely narrow in scope, a reflection of its historical origins when cockfighting was the primary form of animal fighting.

However, we know that, unfortunately, dog fighting has grown in prominence today. Bill C-84 amends this offence to ensure it extends to building, keeping or maintaining any arena for the purposes of fighting any animal. The fact of the matter is that all forms of animal fighting are cruel and abhorrent, and so our laws should appropriately extend to all animals. Simply stated, there is no legitimate or reasonable societal purpose to engage in animal fighting. This behaviour is cruel and must be stopped.

This is another important step our government is taking to ensure our criminal laws are contemporary and address conduct that is deserving of criminal sanction. It is important to note that animal fighting has often been linked to organized crime, including illegal gambling and the illicit trafficking of drugs and weapons. The changes we are bringing forward in Bill C-84 will improve the ability of law enforcement to prosecute criminals, track cases of animal fighting and protect public safety. By broadening the offence to include additional activities, we are ensuring that law enforcement is equipped to detect and intercept the crime at whatever stage it is discovered.

I would like to take a few minutes to speak specifically about dog fighting. Given its clandestine nature, it is difficult to collect statistics on the prevalence of dog fighting in Canada. In fact, dog-fighting operations often go undetected until law enforcement officers discover them while investigating other crimes. That said, we know that in May and October 2015 and in March 2016, the Ontario SPCA major case management team, the Ontario Provincial Police and the Chatham-Kent Police Service partnered together to end suspected dog-fighting operations. These three joint investigations led to the execution of 11 search warrants on three properties in Lanark County, Tilbury and Kent Bridge, Ontario. This resulted in the seizure of 64 pit bull dogs, documents, pictures, veterinary supplies, electronic equipment and hundreds of items related to the training and fighting of dogs.

The Ontario SPCA reports that dog fighting is undeniably taking place in Ontario. The Ontario Society for the Prevention of Cruelty to Animals reports that dog fights can last one to two hours and end only when one of the dogs is too injured to continue or has died. The dogs involved often suffer from deep puncture wounds, broken bones, and in many cases die from blood loss or infection.

As I mentioned, dog fighting, a terrible form of animal cruelty, is also linked to a wide range of other crimes, including illegal gambling and drugs and weapons offences. The primary motivation for dog fighting is gambling and participants often wager thousands of dollars, showing how lucrative it is for those involved.

I would also note that, according to the Ontario SPCA, when police raid dog-fighting events, they often find children present. Exposure to this type of abuse desensitizes children to violence and may itself be a form of child abuse. I am proud that we are taking important steps to limit and prevent this horrible abuse to animals and children. The proposed reforms to the offence, targeting arenas coupled with the changes to the animal-fighting offence, will target those who take part in training or receive money to train dogs to fight and who employ terrible techniques to increase the viciousness and ferocity of these animals. This so-called training can include abusively suspending a dog from a tree or a pole by its jaw and encouraging the dog to grab bait and hold on as long as possible in order to increase the lethality of its bite.

No animal should have to die as a form of human entertainment. It is unspeakably cruel and offends Canadians' values at the deepest level.

I am proud of these necessary changes we are bringing forward to protect animals from horrible situations of abuse. It is important for me to reiterate that this bill in no way interferes with any legitimate animal use. This bill seeks to protect public safety and ensures that we are doing more to prevent violence and cruelty toward animals.

We are focusing on aspects of protection that enjoy broad support and reflect our shared values. Again, the broadening of these offences will not interfere with legitimate animal uses, such as the training and work of service dogs, medical research, hunting, fishing or indigenous animal harvesting rights. Animal fighting and bestiality are in no way legitimate activities.

Before I conclude, I would like to reiterate that this bill is the result of significant consultation and there has been broad support expressed for these reforms. As mentioned earlier, the Canadian Federation of Humane Societies and the Canadian Federation of Agriculture have called for these changes. The Canadian Veterinary Medical Association and many agricultural stakeholder groups have also advocated for these amendments to address animal fighting and bestiality.

As parliamentarians, many of us hear from concerned citizens who are urging action to modernize our animal cruelty offences. Similarly, in our consultations, a number of provinces have called upon Parliament to take action to address the gap identified by the Supreme Court in D.L.W. I am confident that this bill addresses these concerns.

I recognize that some would want the bill to go further by proposing additional reforms to animal cruelty laws. I believe it is critically important that we take steps now to address these particular issues, for which I believe there is broad support. Our government is committed to all of the appropriate protections that are extended to the most vulnerable, and we will continue to review this as part of our broad review of the criminal justice system.

There have already been some suggestions made, including by animal rights organizations, on the ways that we can strengthen this bill. As I have said with respect to other legislation, I welcome constructive suggestions that reflect the objectives of our proposed reforms and look forward to a fulsome and productive debate. I therefore urge all members to support this bill and help ensure its swift passage.

Justice

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

Madam Speaker, I have two petitions to present today.

The first petition is with respect to Bill C-75. This bill would reduce the penalty for serious crimes such as forceable confinement of a minor, polygamy, terrorist acts, etc. The petitioners are calling on the Prime Minister to defend the safety and security of all Canadians by withdrawing Bill C-75.

Record Suspension Program

[Kelly Block, Conservative, Carlton Trail—Eagle Creek, SK]

Madam Speaker, I am pleased to rise today to speak to Motion No. 161, which seeks a review of the record suspension program as amended in Bill C-10, the Safe Streets and Communities Act, enacted by the previous Conservative government. I would like to thank the member for Saint John—Rothesay for introducing the motion and providing me the opportunity to recall some of the excellent work done in the realm of justice and law and order by the previous government.

The Safe Streets and Communities Act introduced many important and necessary changes to how our criminal justice system worked and focused on protecting victims of crime. The bill was thoroughly vetted, with over 200 hours of debate between committee and the House. By the time Bill C-10 was introduced, Conservatives had done much to reform the justice system. We passed mandatory minimum sentences for gang-related murders and drive-by shootings. We eliminated the shameful practice of giving two-for-one credit for time served in pretrial custody. We strengthened the national sex offender registry and passed legislation ensuring that drug dealers were not let out of prison after serving a mere one-sixth of their sentences, not to mention the outstanding track record our government had on crime prevention.

Bill C-10, as just one of the over 25 bills we passed to reform our Justice system, continued in the tradition of those Conservative measures to crack down on crime by legislating many new and improved measures. Some of those measures included increasing the penalties for sexual offences against children. lt targeted organized drug crime by toughening sentences for narcotics trafficking. lt protected foreign workers who were at risk of becoming victims of human trafficking or exploitation. Notably, Bill C-10 enacted the Justice for Victims of Terrorism Act, which allowed the victims of terror attacks to sue both the individual responsible and those who supported that individual. lt granted broader leeway for the Minister of Public Safety to decide if someone who committed crimes overseas, including acts of terror, should be allowed to come back to Canada.

These are points of particular interest now as a comparison to the Liberal government's record on terrorists, their victims and the victims of crime overall. The Liberal government has sought to bring ISIS fighters back into Canada. The Liberals willingly wrote a cheque for $10.5 million to convicted terrorist Omar Khadr. Where is the respect for the victims of terrorist attacks? Where is the respect for their families, for Tabitha Speer?

Compare and contrast the record of the previous Conservative government to the Liberal government on any of these issues and it quickly becomes clear that the previous Conservative government was focused squarely on protecting the rights of victims, while the Liberal government is focused on protecting the rights of criminals. I understand this is a bold statement to make, but I have a hard time seeing the changes the government is making to our justice system in any other way. While the previous Conservative government ensured that criminals faced the consequences of their actions, the Liberal government has introduced Bill C-75, a bill that opens the door to shockingly lenient sentences for crimes such as abducting children, advocating genocide, impaired driving causing bodily harm and even engaging in terrorist activities.

I am bringing these issues into focus in this debate today to make a point. The Liberal government has an appalling track record on this file. It has continually weakened the protections for victims of crime, while making life easier for criminals. I believe it is crucial to remember the government's record while discussing the question underlined in the motion.

There are certain individuals who would be greatly pleased to use this motion as an opportunity to call for the wholesale repeal of Bill C-10. Engaging in that discussion would be a mistake. I am always willing to discuss and debate the merits of particular and fine points of the legislative track record of our former government; however, Bill C-10 was clearly a step in the right direction in that it placed the emphasis on the role of the victim in our justice system and ensured that criminals faced the consequences for their actions.

Let me be clear. I believe it is important to review the impacts of changes to a law. ln fact, I welcome reviews of legislation, as too often governments of all stripes pass laws with the very best of intentions, which may result in an end very different than what the government had in mind.

Given the bill became law nearly six years ago, it may be a good idea to ensure that the changes made to the record suspension program are accomplishing that which they were intended to do. ln fact, my hon. colleague for Saint John—Rothesay states it very clearly in the early part of the motion before us today, which reads:

That the Standing Committee on Public Safety and National Security be instructed to undertake a study of the Record Suspension Program to: (a) examine the impact of a record suspension to help those with a criminal record reintegrate into society;

There is the line “reintegrate into society”.

The ideal outcome of a prison sentence is not merely for offenders to face the consequences of their bad actions, but for them to reform into productive members of society. However, there must be a clear litmus test to ensure offenders have indeed reformed their ways.

We have a system of criminal records to protect citizens from the possibility of becoming unwitting victims of a previous offender. However, in a just society, a society founded on Judeo-Christian principles, there ought to be an opportunity for redemption. This is why the record suspension program exists, to give another chance to those who have proven themselves reformed.

ln order to access this program, however, the litmus test I alluded to earlier must be met. Bill C-10 set the standard as 10 years lived crime-free for serious crimes or five years for summary offences. lt also disqualified those who proved themselves too dangerous, by including those convicted of sexual offences against children and those convicted of three indictable offences, from ever being eligible to apply. Bill C-10 ensured that offenders would pay their own way through this system and increased the record suspension application fee to reflect that belief.

ln crafting the bill, the previous government believed that this standard would best protect the community, respect the rights of victims and provide those who had proven themselves deserving a second opportunity. Now, perhaps enough time has passed for the results of the these changes to be reviewed.

I am sure that all of us in this place wish to ensure that the process of the record suspension program is not hindering long-rehabilitated individuals from becoming productive members of society. However, let me again state the importance of retaining the focus on this aspect of Bill C-10. The Safe Streets and Communities Act placed the focus squarely on the rights of victims.

Listening to those who wish to repeal the bill would be a step backward for our justice system. I remain cautiously optimistic that the motion before us today will provide the opportunity to further strengthen our justice system.

Justice

[Arif Virani, Liberal, Parkdale—High Park, ON]

Mr. Speaker, this week is Access to Justice Week. Launched by The Action Group on Access to Justice, the goal is to ensure that our justice system addresses the needs of all Canadians, including the most vulnerable, who either exist on the periphery of our system or are victimized by it. We share this goal.

Our government is committed to improving access to justice. In Bill C-78, we are streamlining family justice to make things less complex and less costly for single parents seeking the financial support they are owed, the vast majority of whom are single women. In Bill C-75, we are improving criminal justice to end peremptory challenges and ensure that our juries actually represent our communities, which will directly impact indigenous persons and black Canadians, two groups overrepresented in the criminal justice system. We have overhauled our judicial appointments system, because we know that accessing justice improves when Canadians can see themselves reflected on a more diverse bench.

Access to justice is a priority for our government, not just this week but 52 weeks a year.

Firearms

[Cheryl Gallant, Conservative, Renfrew—Nipissing—Pembroke, ON]

Mr. Speaker, git yer orange on, it's huntin' season in the Ottawa Valley. For Canadians who share a love of the great outdoors and the pursuit of traditional heritage activities, for Canadians who enjoy the camaraderie of a hunt camp with family and friends, fall is a favourite time of year. Anyone who has experienced a week in the bush, evenings spent by a campfire, stories shared, instinctively knows what I am talking about.

The millions of responsible, law-abiding firearms owners do not understand why the Liberal Party feels it must hate our independence. We do not understand why the Liberal Prime Minister encourages the mean and divisive policies that target law-abiding citizens, like Bill C-71, and how the current ploy is to promote a fake ban on firearms. It does this while pushing laws like Bill C-75, which will decrease criminal penalties.

Farmers, hunters and recreational shooters know they are not safe whenever there is a petty tyrant sitting on the throne. To all the hunters, be careful, be safe and have a good hunt.

Opposition Motion—Terrorism

[Glen Motz, Conservative, Medicine Hat—Cardston—Warner, AB]

Mr. Speaker, I do not need a copy of Bill C-59 because I have read it. What it does is water down our national security and RCMP and policing agencies' ability to do exactly that, which is to fight terrorism. It makes it a lot more difficult for police to share information from one agency to another agency in Canada on terrorists, on those returning, on those activities within the country.

Bill C-75 and other acts have made it a hybrid offence to participate in these sorts of activities. For anyone to suggest that Bill C-59 is an improvement across the board over Bill C-51 has missed the swing of the pendulum when it comes to protecting Canadians and national security.

Public Safety

[Andrew Scheer, Conservative, Leader of the Opposition]

Mr. Speaker, when it comes to dealing with terrorists, the Liberals' priorities are misplaced. In fact, they communicate with individuals who may have never been in Canada to try to bring them here.

It is not enough to support our motion. When will the Prime Minister submit a plan on how he intends to deal with terrorists, including the repeal of Bill C-75? This bill would remove the tools that law enforcement officers need to bring these people to justice.

Opposition Motion—Terrorism

[James Bezan, Conservative, Selkirk—Interlake—Eastman, MB]

Madam Speaker, I want to thank the member for bringing up Bill C-10 on victims of terrorism. He and I saw again this past weekend Maureen Basnicki, who was a victim of terrorism. Her husband died in 9/11. She lives in Collingwood, and she has no recourse against those criminals. She is one of the inspirations behind Bill C-10. We brought in Bill S-7 to allow more government tools and more tools for the RCMP and border services so we could get the job done.

What we see from the Liberals is Bill C-75, which would take joining a terrorist organization down to a fine rather than an indictable offence.

Corrections and Conditional Release Act

[Greg Fergus, Liberal, Hull—Aylmer, QC]

Mr. Speaker, I am pleased to have the opportunity to speak to Bill C-83.

One of the things that I find truly remarkable about this bill is that specific measures were taken for the rehabilitation process of inmates with mental health problems.

Before becoming an MP, I promised myself to go see things that I could not see as a regular citizen. The first such thing was to visit a military base and meet the men and women who are committed to serving the country.

The second was to visit a prison. I knew that the reality in penitentiaries was quite different from that of ordinary Canadians. In December 2016, I had the privilege of visiting a penitentiary and that experience had a real impact on me. I saw the conditions that criminals are living in. There certainly are people who deserve to be there, but they will leave prison one day. It is important to provide all the necessary services to give them the best chances to reintegrate into civil society.

I visited two men's prisons. The inmates not only have trouble obeying the law, but also have mental health issues. I am very proud that this bill will give them access to services that can help them learn to deal with their mental illness. I think a holistic, comprehensive solution to all this is key to ensuring that people have a chance to deal with their problems. In many cases, mental illness is what led these people to break the law.

That is why I am very proud to participate in this debate and support this bill. The program will enable inmates to reintegrate thanks to better services that help them deal with their mental illness.

The second reason I am so proud to participate in developing this program is that it will give us an opportunity to take a close look at issues affecting indigenous populations. As we all know, 4% of Canada's population is indigenous. I went to Prince Albert, Saskatchewan, to visit the penitentiary, where the majority of the population is indigenous. In general, penitentiary populations are between 26% and 28% indigenous.

That is six to seven times higher than their demographic weight, which I think indicates a number of things. First, we need to do better with respect to many issues affecting indigenous communities. Second, systemic discrimination exists in our criminal justice system. We need to do everything we can to tackle these issues. I was very proud to hear the speech given by the Minister of Justice last June, I think, when she was introducing Bill C-75. She said that we are going to try to address this, because it is extremely important.

As a black Canadian, I am well aware that people in the black community are also victims. There were a lot of black inmates in the prison I visited in 2016, even though it was in a very remote area of Saskatchewan. This also indicates that there is a problem with systemic discrimination in our justice system. We need to address and resolve these issues. I am proud to say that the provisions of this bill will give us the opportunity to ensure that all services are provided, which is very important and can improve the chances that these individuals will be able to successfully integrate into society. That is the goal.

We are not like some people who believe that humans can be treated like animals, that you can put them in a cage, lock the door and throw away the key. That is not acceptable. That is inhumane. That view is not worthy of a civilized society such as ours. We must ensure that we properly address these issues. When people break the law, there definitely will be consequences. Those people deserve to be in jail, but we must plan for and consider the day that they will get out of jail.

We cannot just punish them. We also have to teach them how to be members of our civilized society and how to be good citizens. In order to do that, we have an obligation to ensure that they receive all services they need to better adapt and better reintegrate into our society. I encourage all my colleagues who have not yet done so to follow my lead and visit a penitentiary or a prison.

That will change their minds. That will encourage members to focus on finding solutions that will help these people to get out of jail, learn their lesson and learn to obey the laws and customs of a civil society. If they do not, there will be consequences. However, we want to ensure that these people are ultimately well reintegrated into our society. That is why I am delighted to learn that we will have services to try to help these people address their mental health issues.

Justice

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

Mr. Speaker, I have a petition about Bill C-75.

Bill C-75 proposes to lighten the sentences for some very serious crimes, such as belonging to a terrorist organization, forcible confinement of a minor, forcible marriage of a child, and a number of other very serious crimes. The petitioners are calling on the Prime Minister to defend the safety and security of all Canadians by withdrawing Bill C-75.

Corrections and Conditional Release Act

[Jim Eglinski, Conservative, Yellowhead, AB]

Mr. Speaker, I am speaking to Bill C-83 because I am concerned that the changes it would make may put in jeopardy the safety of our institutional staff and that of the inmates who are under our care and control.

I was confused when the government introduced the bill.

In February of this year, the government appealed a ruling by the B.C. Supreme Court that struck down Canada's law on indefinite solitary confinement, arguing that it needed clarity on the decision. Therefore, why is the government introducing legislation before receiving that clarity? Why are the Liberals fighting the court decision to strike down solitary confinement, while at the same time introducing legislation to do just that? Are they just changing the words and calling it a structural intervention unit?

I have a federal prison in my riding of Yellowhead, the Grande Cache Institution. It is a medium-security institution with approximately 300 employees and 240 offenders. I have a lot of respect for my constituents who work there. Working for Correctional Service Canada often means working with violent offenders. Proposed section 36 of the new act will deal with the obligations of service and the rights of prisoners in structural intervention areas. It states:

...The Service shall provide an inmate in a structured intervention unit

(a) an opportunity to spend a minimum of four hours a day outside the inmate’s cell; and

(b) an opportunity to interact, for a minimum of two hours a day, with others, through activities including, but not limited to,

(i) programs, interventions and services...

(ii) leisure time.

Proposed section 37 of the new act states that proposed section 36 does not apply if the inmate refuses or the inmate “does not comply with...instructions to ensure their safety or that of any other person or the security of the penitentiary.”

As part of their job, employees are responsible for providing a safe, secure and positive environment for offenders, which is an essential element in helping offenders reintegrate into society. However, is the government fostering a safe and secure environment for our prison guards to work within these institutions?

Solitary confinement is a common safety measure many western countries take to protect guards from dangerous and volatile prisoners. I wonder if any of our front-line workers have been consulted on taking this tool away from them. Are we properly training our guards who deal with the most dangerous of offenders, offenders with possible mental conditions and psychological problems? Are these guards being given the necessary tools and knowledge to recognize, work with, protect and, for their own safety, help reintegrate these prisoners?

I am concerned that the bill does not mention new training programs to assist prison guards in these changes or in the current programs. It is paramount that the guards dealing with the most dangerous of our offenders have the knowledge and expertise to deal with them. This is for everyone's protection and safety.

I have heard concerns from prison staff members that more training should be given to them when they are dealing with high-risk offenders, such as murderers, compared to someone serving six months for theft. We need to ensure they feel prepared and comfortable, instead of taking away the tools they use to manage inmates.

Instead of solitary confinement, the government would create structural intervention units, SIUs. Let us be fair: This is just white-washing with some finely tuned words.

Under the new SIU model, inmates who misbehave and cannot be safely managed in the mainstream population will get personal programs tailored to their own needs. Are we forgetting the protection and safety of other inmates and prison staff in order to meet the new guidelines as outlined under the SIU? The segregation of certain prisoners in some cases has been done to protect those persons from internal conflicts with other inmates because of their character or mental disposition. In other cases, it is done for legal reasons that could cause interference with an investigation that could lead to criminal charges or a charge relating to serious disciplinary offences within the institution.

Under the new act, prisoners segregated for their own safety may spend up to four hours outside their cells each day. This is where I am concerned. This will require more resources and will create longer periods for the chance of an incident to occur. The replacement of solitary confinement strips the ability of guards to use segregation for disciplinary purposes. This change will make prisons more dangerous for the guards as they deal with the worst and most volatile prisoners.

Because the guards are dealing with the most violent criminals and those who do not care to follow the prison rules, when an incident does occur, it is going to be a lot more serious and require more force. Why are we putting our front line workers at risk?

I am also concerned that these prisoners who are segregated for their own safety may demand equal opportunities under the new act. This may open up an opportunity for their safety to be jeopardized and also put the safety of our guards in question.

This is just another example of the Liberals going soft on criminals and showing indifference to everyone else. Once again, the Liberals are prioritizing the rights of Canada's most violent and dangerous criminals.

Let me remind everyone of Bill C-75, which proposes sweeping changes to the Criminal Code and reduces the penalties of crimes to fines. Through Bill C-75, the Liberals are reducing penalties for terrorism, gang members, prison breaches, human trafficking, and the list goes on and on. It is not a surprise to me that the Liberal government is now prioritizing the rights of convicted and violent criminals inside our prison system.

Another aspect of the bill that I find deeply concerning is the new provision that would allow the commissioner to sub-designate parts of institutions to be a different level of security. It reads:

The Commissioner may assign the security classification of “minimum security”, “medium security”, “maximum security” or “multi-level security”, or any other prescribed security classification, to each penitentiary or to any area in a penitentiary.

Theoretically, could the commissioner authorize that a room, say in a healing lodge, to be designated as maximum or medium security by adding an extra lock on the door? There needs to be clarification on whether this is to be used as a temporary measure or if this is a declaration that can be made indefinitely of an area. If so, what is the security protocol that would be put in place to change an “area” to a higher designation than the rest of the facility? Under what circumstances would it be used?

This provision will lead to more cases where higher security prisoners are allowed into lower security spaces, all based on technicalities. Why are we allowing prisoners who should be in maximum or medium-security facilities into lower designated facilities?

I agree with one part of the bill, and that is body scanners. Already in use in the provinces of British Columbia and Ontario, body scanners should be used to scan prisoners in federal institutions. The more effective we can be in our searches, the better. That means fewer drugs, weapons and other contraband entering our prison systems.

I wonder why the government decided to stop there, though. Why only scan prisoners? In 2014, the CBC broadcast an article on the statistics of contraband entering prisons. The data obtained by CBC showed that corrections seized almost 9,000 unauthorized and contraband items, up almost 2,000 from a few years earlier. That was an increase of 20%. The article noted:

CSC spokesman Jonathan Schofield said the spike is due to enhanced security measures brought in to stem the flow of drugs and other contraband into institutions, including increased searches, random urine tests, and tools such as metal detectors, X-rays, drug-detecting ion scanners and dogs.

Howard Sapers, the former correctional investigator of Canada, said that likely sources of contraband included other people coming in to the prison and sometimes even trusted personnel.

Maybe we should be using body scanners to scan everyone, not just the prisoners, entering our institutions. This will help ensure that everyone inside the institution, prisoners, staff and visitors, all have a safe and secure environment in which to live and work. There are different types of body scanners, some detect drugs, others detect metal. We use them in our airports, and there is no reason we cannot use the most sophisticated equipment in our jail system.

I am not in favour of the recently announced needle exchange program and a good scanning system would eliminate the need for such a program.

We must remember that any legislation brought in that changes how we manage our prisons must take into consideration the safety of our government employees and the safety of other inmates within our institutions. This to me is paramount over catering to the needs of convicted criminals. We must remember they are there because they have committed crimes and are being punished for those crimes. Yes, they have rights to a certain extent, but our institutions are not summer camps or recreational retreats.