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.

Instruction to Committee on Bill C-71

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

Madam Speaker, as a matter of fact, I have been to two well-attended firearms legislation meetings with firearms clubs in the member opposite's riding. In terms of firearms legislation, they would like to see having mandatory minimum sentences and harsher sentences for people who use firearms in the commission of crimes instead of what we are seeing in Bill C-75, where all these harsher sentences for people who use firearms in committing crimes are being let go.

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

Madam Speaker, that is a great question.

As my colleague aptly pointed out, the bill should be focusing not on the firearm itself, but on people who should not have firearms. It should be focused on criminals, those who steal or smuggle firearms. None of that is addressed in Bill C-71. It should be focused on things that Bill C-75 should be focused on.

Bill C-75 is the government's so-called legislation to make the justice system more efficient, which means the revolving door is going to go faster, and criminals will only suffer a bit of motion sickness going through that revolving door with ever-increasing speed. That is going to be the penalty they pay for association with a gang, theft, and all of these things that are causing people real problems.

With regard to straw purchases, there is nothing in the legislation about that. A straw purchase is when somebody might use a stolen licence to try to buy bulk firearms through illegal means and ends up putting those in the hands of organized crime. Is there anything in Bill C-71 that addresses that? No, not at all.

The enhanced check is not necessarily a bad thing, but I am not sure it is addressing the right issues. On a firearms possession acquisition licence, the chief firearms officers already have the ability to go back as far as they want, if they find something of concern.

On domestic violence, the bill does nothing. With the continuous eligibility clause on domestic violence, if a spouse calls the police and triggers that continuous eligibility, the next day the police will show up asking if there is a licence, if there are firearms in the house, saying that the have a domestic complaint and are going to take the firearms. That would already happen.

There is nothing in this bill, and there should be, dealing with mental health. When police officers pick people up on a mental health call, that should be flagged immediately. It should go into the Canadian Police Information Centre information system to see if that person has a firearms licence. If they do, there should be a knock on the door to see if everything is okay.

That is how to enhance public safety.

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

Madam Speaker, no; as a matter of fact, we heard statistics from the handful of witnesses who did manage to make it before the committee that completely debunk the myth.

Most firearms deaths in Canada are not caused by legally owned or legally acquired firearms. That is a myth. We can take a look at the statistical anomalies of the years 2013 up until 2016, and include 2013 in that number. Not only that, I did we not have the chance to talk about the fact that domestically sourced firearms also includes firearms for which the serial numbers are burned off, sheared off, or ground off, whatever the case might be, so that firearm might have actually been sourced outside of the country. It comes in, and because of the alteration made to the firearm, there is no way to trace it, so it gets lumped in with domestic firearms.

To my colleague who asked the question, if I thought some of the provisions in Bill C-71 would make her community safer, they would also make my community safer. We would both want that, and I would vote in favour of that.

The difference between the member and I is that I understand the problem in her community is likely gang related, and it is likely illegal guns, illegally owned and acquired guns, and it is likely related to violent crime.

I will be interested to see how the member votes on Bill C-75, which is going to make life easier for all the people she claims she wants to protect her voters from.

Justice

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

Mr. Speaker, with their criminal justice reforms, the Liberals are making a bad situation worse. Under Bill C-75, the Liberals have created the option to proceed with a large number of violent offences by way of summary conviction rather than indictable offence. This means that violent criminals may receive no more than six months in jail or a fine for their crimes. These are six months for terrorist activities, obstructing justice, assault with a weapon, forced marriage, abduction, advocating genocide, participation in a criminal organization, or trafficking, just to name a few. These are serious offences. Putting these criminals back on the streets makes things even worse, and makes less sense.

This is another hurdle that the police have to protecting our streets, another barrier for parents protecting their children, another barrier to removing criminals and organized crime from our communities, and another example of the Liberals being soft on criminals and ignoring victims. I call on the government to admit its error and withdraw this bill.

Criminal Code

[Harold Albrecht, Conservative, Kitchener—Conestoga, ON]

Madam Speaker, the safety of Canadians should be the number one priority of the government. A strong criminal justice system must always put the rights of victims and communities before special treatment for violent criminals. Reducing penalties for serious crimes sends the wrong message to victims, law-abiding Canadians, and criminals. The Liberals' proposal to eliminate consecutive sentences for human trafficking is a huge mistake that will have devastating consequences.

The Liberals earlier committed to keeping full protections in place for religious officials under section 176 of the Criminal Code but are now removing them in Bill C-75. An assault on officiants during a religious service is very serious and must remain an indictable offence.

We have major concerns about many other elements of the bill, such as lighter sentencing, such as fines, for what are very serious crimes. They include participating in the activity of a terrorist group, infanticide, concealing the body of a child, impaired driving offences causing bodily harm, and advocating genocide.

It is time for the Liberals to put victims ahead of criminals.

Export and Import Permits Act

[Tom Lukiwski, Conservative, Moose Jaw—Lake Centre—Lanigan, SK]

Madam Speaker, once again, it is a pleasure to rise in this place to give my comments in tonight's debate on Bill C-47, but before I do so, perhaps I can expand upon a couple of the comments made by my colleague from Kamloops—Thompson—Cariboo, who talked a little about the procedural aspects of what is happening tonight.

If anyone is actually watching these proceedings tonight, they would notice that there is no debate happening. We are scheduled for debate, we are supposed to be having debate, but “debate” means that there are two sides debating, and the Liberals have chosen not to participate in this debate. That is their prerogative, and they can certainly do as they wish, but from a procedural standpoint, I would like to point out a couple of items.

Number one, if the discussion on Bill C-47 collapses, and by that I mean if no further speaker stands to offer comments, it means that the bill would get passed. Why is that important? It is because, as the government knows, there was an offer made earlier tonight to members on the government side that if Bill C-47 collapsed—in other words, if no one got up to speak—and if the government would not introduce another bill, we would all go home. Not to make it appear that we do not want to do our jobs, the reality is that every extended hour we spend in this place is costing the taxpayers tens of thousands of dollars. The lights have to remain on, staff have to be here, security has to be here, the cafeterias have to remain open, and, ultimately, Bill C-47 will be passed. The government knows that. It has a majority, yet we sit here wasting taxpayers' dollars and not even participating in the debate.

I find it shameful that members on the government side who say they want to actively debate will not even comment on their own legislation. I will put on the record that the government is playing games here. We could all be cutting back on the expenses that taxpayers are being forced to pay, but Liberals do not see it that way, and I find that almost unconscionable. That is on the procedural side of things.

I will turn my remarks now to Bill C-47. I will make a couple of brief comments on the bill itself, which of course is about the Arms Trade Treaty. The reason I am bringing it up is the fact that any arms treaty should recognize the legitimacy of responsible gun owners who wish to own guns for their personal use, for their recreational and sporting activities, but the treaty does not recognize the legitimacy of that. For that reason, and that reason alone, I cannot support Bill C-47.

However, we should not be surprised, because this is just the latest in a long litany of Liberal attempts at gun control that have ended badly. The member for Sarnia—Lambton referenced it just a few moments ago when she talked about the failed Liberal long-gun registry back in the 1990s and early 2000s. For those who have perhaps forgotten the history, let me remind them that in 1995, then justice minister Allan Rock introduced the long-gun registry as a piece of legislation in this place, ostensibly and purportedly, according to him, that it would save lives.

History has taught us many things, and one of the things it has taught us about this failed attempt at a good piece of legislation was that the long-gun registry did nothing to save lives. What it did do, as was found out in later years, was cost Canadian taxpayers billions upon billions of dollars. In fact, in 1995, the then justice minister, the hon. Allan Rock, stated in this place that, by his estimations, the long-gun registry, once fully implemented, would only cost $2 million a year. At that point in time, many people took him at his word, because there were no real records or precedents for what a registry of that sort would cost taxpayers, but, luckily, for the taxpayers of Canada, a former colleague of mine, Mr. Garry Breitkreuz, from Yorkton, Saskatchewan, knew that this figure of $2 million was obscenely low, that it certainly could not be anywhere close to that and that it would cost much more. Hence, for years thereafter, Garry Breitkreuz filed ATIPs, access to information requests, time after time, month after month, year after year, getting limited, if any, response from the government.

Finally, after years of diligent and persistent requesting of the government for pertinent information on the cost of the gun registry, it was revealed that the gun registry did not cost $2 million, but $2 billion.

What did it accomplish? Did it accomplish anything? Did it save lives? Well, I am here to argue that it most certainly did not. Why not? It is because the one fundamental flaw in the rationale and reasoning of Allan Rock, back in those days, supported by every Liberal in Canada is seemed, was that criminals do not register guns.

We have seen over the years an influx of illegal handguns and other guns coming across the border from the United States to Canada, but the people who brought these illegal guns across the border had no plans to register their weapons. Therefore, the gun registry legislation was absolutely worthless. To say it cost $2 billion for a worthless piece of legislation and call it obscene is being kind to the word obscene. It absolutely was one of the largest fiscal mistakes the former Liberal government has made in that party's long history.

I do not think the current government has learned anything from these past mistakes, because we see them time and time again trying to introduce legislation that would in fact be a back door gun registry. Whether it be Bill C-47, Bill C-71, or Bill C-75, we know that what the Liberals would love to see is another gun registry being enacted here in Canada. However, I can assure members that if they try to do that, if they try to force their position on Canadians, on rural Canadians in particular, legitimate gun owners would again be absolutely beside themselves. The first time the Liberals tried to force the gun registry on legitimate gun owners and on rural Canada, the reaction was visceral, and it will be again.

I will conclude with a true story that happened when I was on the campaign trail in 2004. During the campaign, when I was door-knocking, I did not know the gentleman living at the residence I visited, but I saw in my identification that he was a former RCMP officer. I naturally thought that he was probably going to be in favour of this. Well, how wrong I was. When I got to the door, I was met with hostility on every issue I brought forward to the point where I actually started losing my temper, which I normally do not do, particularly when I am door-knocking. It finally got to a point, after many arguments on different issues, that the gentleman asked me “What do you think you're going to do about the gun registry?” I said, “We're going to scrap it.” He said “I worked for the gun registry.” I said “Well, in that case, don't vote for me.” He said, “I won't, and get off my doorstep. ”

I was laughing by the time I got to the sidewalk because it was so bizarre, but it just illustrates the visceral reaction that so many people have about this very contentious issue.

The gun registry that the Liberal government of the day tried to force down the throats of rural Canadians was something that should never have happened in the first place, but it did, unfortunately. However, for $2 billion in taxpayers' dollars, it is something that Canadians, particularly rural Canadians, will never forget, and because of that, when they see the current government introducing legislation like Bill C-47, Bill C-71, or Bill C-75, they harken back to the dark days of the 1990s when the Liberal government tried to force this obscene long-gun registry down their throats.

Fool me once, shame on me. Fool me twice, shame on the Liberal government.

[Cathy McLeod, Conservative, Kamloops—Thompson—Cariboo, BC]

Mr. Speaker, I am pleased to be here tonight to speak to Bill C-47. I want to note right up front that I am a bit disappointed that the government seems to have disengaged from the debate.

This is my first opportunity to consider this issue, and I am happy to stay here until midnight tonight. I was looking forward to the opportunity to ask questions and to hear the answers. It is important for Canadians as we debate this important issue.

The Liberals have a majority government and they will get the bill through, but to disengage, to not even participate in the debate is a bit disappointing.

Before I get into the specifics of Bill C-47, I want to draw attention to the connection among Bill C-71, Bill C-75, and Bill C-47. It speaks to the Liberals ideological perspective on things that are not driven in practicality.

Bill C-71 is the Liberal government's back door firearms registry. In spite of what the Liberals say, if it looks like a duck, walks like a duck, it is a duck. They claim the bill will protect cities from guns and gangs. People who have only lived in big cities like Toronto, Montreal, or Ottawa, might not understand that a law-abiding hunter or farmer who lives in a rural area considers a firearm a tool. It is a tool for ranchers and hunters. It is a tool for indigenous people.

Bill C-47 would impact law-abiding hunters and farmers, as would Bill C-71, but not in a practical way, not in a way that would make a difference. It would not make a difference in guns and gangs in cities, especially Bill C-71. However, it would create an added level of bureaucracy for many of our rural communities and our hunters and farmers.

Bill C-75 is about Liberal ideology, not practicality. Some people commit pretty serious and significant crimes. Bill C-75 proposes to reduce sentences. Do the Liberals want to reduce sentences for terrorist activities, or for crimes such as administering a noxious substance or date rape? If something ever happened to my daughter, I would be absolutely appalled if the sentence was reduced.

There was a very disturbing court case in Kamloops involving the death of a young girl. The Twitter world was filled with people, saying justice was not done with respect to the sentence given to the person who murdered this child. Everyone had a sense that justice had not been done, yet Bill C-75 would further reduce criminal sentences for what would truly be horrific crimes.

I will get into the specifics of Bill C-47. This legislation was introduced in April, 2017. Let us talk about time management. It was introduced in April, 2017 and we are now going into June, 2018, with late night sittings so the Liberals can get what they believe to be important legislation through the House? That significantly indicates bad management of House time.

Bill C-47 would control the transfer of eight different categories of military equipment. The one we find to be the most troubling is category 8, small arms and light weapons. I understand an amendment was introduced at committee that would add “The Brokering Control List may not include small arms that are rifles, carbines, revolvers or pistols intended for hunting or sport, for recreational use, or for a cultural or historical purpose.”

It was quite a reasonable amendment, but it was voted down. I wanted to ask the government tonight why it voted it down because it would have given many of us greater comfort in how we looked at the bill.

The government tends to look at anything the UN does without criticism. If the UN says we should do this, the Liberals tend to say, absolutely, how fast, and how quickly. They do not spend as much time as they might reflecting on what we do in Canada.

I would beg to differ from my colleague from the NDP. We do have a responsive system. We have a Trades Control Bureau. To a greater degree, this system has worked pretty well. Would it be better to have something that everyone uses? Absolutely, if everyone used it. We only need to look at the list of the countries that have not or will not signed onto this agreement. We have to recognize that this agreement will not accomplish what it is intended to accomplish.

I encourage anyone who might have an interest in this issue to go online and look at the list of countries that have signed on to the treaty and implemented it. However, look to the larger category of countries that have said no. People will quickly recognize that we are not creating a solution in Canada. We are going to be creating increased challenges.

Another area that the Liberals should be reflecting on is this. The Department of National Defence has always been excluded from our internal systems. Under this treaty, it will be included. Is that going to affect the nimbleness of our military, its ability to respond in a rapid response? Perhaps the Liberals have not done as much due diligence in that area. We need to ensure our military can react rapidly to trouble spots around the world and send assistance. We often thought that sending assistance was the correct response. This does nothing for law-abiding citizens.

Yesterday in the House, the Liberals voted for the UN Declaration on the Rights of Indigenous Peoples. Over a year ago, at the UN, they committed to its implementation. With respect to Bill C-71, today at committee one of the first nations leadership said “We had no consultations.” This is another example of the Liberals telling them what they are going to do. I would suggest that the Mohawk Council of Akwesasne would say that with the borders between the U.S. and Canada, the bill would impact the people, that the council did not even know about it. The fact is that over a year and a half ago, the Liberals committed to consultations under article 19, but they have not followed through in any meaningful way to that commitment.

I am disappointed that we have not had engagement, but, quite frankly, the treaty goals in the bill will not be met. Meanwhile we will create some new regulatory burdens for our Department of National Defence and people in the fishing and hunting community who will keep having to do more and more under a Liberal government. I am sure they must be terribly frustrated. This is one more example of its lack of understanding on that issue.

[John Barlow, Conservative, Foothills, AB]

Mr. Speaker, first, I want to take this opportunity to thank my colleague, the member for Calgary Shepard, who articulated so very well the issues we are facing, certainly not only in rural Alberta but in rural communities across the country.

I would like to start by telling a story about an incident that happened in my constituency not long ago. Friends of mine told me about burglars coming into their house. Their children were in the basement. It was the middle of the day. They came down the stairs to the basement, armed. Their very large 17-year-old son was able to walk up the stairs and scare these burglars off, but they were very concerned about what could have happened to their three kids who were home alone that day. Of course, the burglars did not leave empty-handed; they took four vehicles from the farm on their way out the gate.

This is what residents throughout rural Canada are facing right now: a steep increase in rural crime. The Liberal government had an opportunity over this past year to address this issue.

I was very proud to be a member of the rural crime task force, which was made up of several Conservative Alberta members of Parliament. We held town halls throughout the province over the last six or seven months. We put together a list of more than a dozen very strong recommendations that we will be presenting to the government later this spring.

Many of the messages we heard from constituents were clear, no matter which open house we attended throughout Alberta. People were asking for stiffer penalties. People were asking for action against gang violence. People were asking for action to be taken against the illegal gun trade. People were asking for programs to address mental health. So many of these crimes are just a revolving door. A criminal robs a farmyard, goes to jail, gets a minimal fine, and is back out there, sometimes in hours, sometimes within days, repeating the crime.

Not one single time did I hear from the hundreds of Albertans that what they were really looking for was not one but maybe two gun registries. They were certainly not looking for a reduction in sentences for serious crimes.

When we look at the action the Liberal government is taking, it is going in the exact opposite direction that every rural Canadian is asking for. Rural Canadians are asking for stiffer fines and penalties and jail time. Canadians are asking for resources for our police services. Canadians are asking for a focus and a priority on safe communities. They are not asking for the Liberal government to ram through three bills that go against every single message we are getting from rural Canadians.

Let us take a look at Bill C-75, reforms to the Criminal Code and the Youth Criminal Justice Act, which would take dozens of crimes that were federal crimes and reduce them to summary conviction offences that may receive sentences of two years less a day. These include possession of goods from crime, theft, terrorist acts, and kidnapping children under 14 years old. I do not know where the common sense comes from with such a bill.

Canadians are asking us for exactly the opposite. I have not heard from one single Canadian that we need to address rural crime by reducing sentences to solve the problem. The government is not just reducing it from 10 years but is reducing it so that they may get a fine and be back on the streets. That is exactly what we are trying to prevent. It does not make sense. It is certainly frustrating for Canadians in our rural communities to see that this is the direction the government is going.

One of the first jobs of any government, no matter what the level, is to protect its citizens. This does anything but. It sends a very poor message to Canadians across the country who are looking for their government to stand up and protect them. The Liberal government is doing the exact opposite. It is going out of its way to ensure that criminals are the ones who are the priority.

Let us take a look at Bill C-71, which is on the Firearms Act. It would do nothing to address gang violence. It would do nothing to address gun crime. It certainly would not do anything to address rural crime issues.

This is another attack on law-abiding firearms owners and establishes another back-door gun registry. I would argue that Bill C-47 is another back-door gun registry. When the Liberal government has multiple opportunities to address the real crime issue, and I am being specific about that, because that is something that hits very close to home in my constituency, the Liberals put up window dressing on taking a hard stance on violent crime and gun crime, but all they are doing is attacking law-abiding firearms owners, who are certainly not the problem.

I am going to tell another story of a man in my riding, Eddie Maurice, in Okotoks, who many members may have heard of, who is now charged with a crime. He was protecting his property and young daughter from burglars who were going through his yard, his acreage. I can guarantee that the burglars on his property had not gone to Canadian Tire to purchase their firearms and make sure they were registered.

These bills are attacking the wrong people, and that is what Conservatives are finding to be incredibly frustrating with these two bills that are being rammed through by the Liberal government.

What Canadians are looking for is a Liberal government that is going to support them. Bill C-47 would not reduce illegal weapons coming into Canada. It would not reduce rural crime, and as I said before, it would not reduce gun violence or gang violence.

I would like my Liberal colleagues, during the question and answer period, to explain to me how, with the suite of legislation they are trying to ram through by the end of this session, I can go home to my constituents and tell them with all sincerity that I feel we have taken steps to protect their homes, properties, and families. I do not believe these bills would do any of those things.

When Conservatives were in government, a similar bill was before us, but we did not follow through on signing the arms treaty, because we were concerned about the limitations and the impact it would have on law-abiding firearms owners.

I would also point out that the Liberal government had some difficulty meeting some of its promises in its first mandate, but the promise I heard, in the words of the parliamentary secretary, is that it would in no way put any government restrictions on law-abiding Canadian citizens. I would argue that these pieces of legislation would do just that. If the Liberal government were concerned about putting forward legislation that would not impact law-abiding citizens, the language in this bill should have provided a certain level of certainty and legal assurances for Canadians that this would exempt them from some of these registrations. However, it asks our law-abiding firearms owners to go through even more hoops rather than addressing what I think is the most serious issue, and that is crime, especially in rural communities.

In conclusion, I strongly believe that for any government, the safety of Canadians and our communities is paramount and should be among its top priorities. I would ask my Liberal colleagues on the other side in government to take a hard second look at what their priorities are. Instead of attacking law-abiding firearms owners, put your focus on ensuring that rural communities are safe. I will be voting against this piece of legislation, because it does not do that.

Business of the House

[Marc Garneau, Liberal, Minister of Transport]

Mr. Speaker, I would encourage the opposition House leader to speak to the government House leader on the questions that she has just raised.

In the meantime, this afternoon we will continue with report stage of Bill C-74, the Budget Implementation Act, 2018, No. 1.

Following this debate, we will turn to Bill C-47, the arms trade treaty, also at report stage.

Tomorrow morning, we will begin third reading of Bill C-57, an act to amend the Federal Sustainable Development Act. Monday and Wednesday shall be allotted days. Next week, priority will be given to the following bills: Bill-C-74, budget implementation act, 2018, No. 1; Bill C-69 on environmental assessments; Bill C-75 on modernizing the justice system; and Bill C-47 on the Arms Trade Treaty.

Bill C-74—Notice of time allocation motion

[Dan Albas, Conservative, Central Okanagan—Similkameen—Nicola, BC]

Madam Speaker, it is indeed an honour to rise again and join the debate on Bill C-74.

Before I wrote my speech, I wanted to do a bit of research to remind myself exactly what the Prime Minister had promised regarding the use of omnibus bills. An interesting thing occurred.

When I googled the name of the Prime Minister and then used the word “promise”, the search screen auto-filled with a massive number of different promises from the Prime Minister. Guess what? They were all broken promises, every single one of them, because that is what the Prime Minister seems to do. He promises things he clearly has no intention of delivering on, and this is no different. Allow me to repeat this one. He said, “Stephen Harper has also used omnibus bills to prevent Parliament from properly reviewing and debating his proposals.” The Prime Minister promised his Liberal government would “bring an end to this undemocratic practice”, yet here we are. The Prime Minister is doing the complete opposite of what he promised he would do.

A constituent of mine recently suggested that the Prime Minister was basically a real-life Pinocchio. That comment troubles me. When we look Canadians sincerely in the eyes and we promise something that we have zero intention of delivering on, how do we let that go? How do we say “That's okay”?

Here is a case in point. Over in the finance committee, we were reviewing this omnibus bill as best we could. Lo and behold, what did we find buried in it? We found legislation that proposed to modify the Criminal Code so white-collar crime might more easily go unpunished. Seriously, why is that in there?

I have defended governments because of the complex state and wanting to do things. Sometimes they have to be able to change multiple pieces of legislation so an omnibus bill may be okay. For example, paying the remuneration for justices probably can be added in as a measure because I do not believe there would be time, respectful of the House, to table that. I have defended the previous government and I have given the current government a lot on that as well. However, here is the thing. The Liberal members of the finance committee had absolutely no idea this corporate crime get out of jail for free clause was in the budget implementation act.

I have a great amount of respect for my fellow members of the finance committee on the government side. We have a productive and good relationship. I am proud of that fact even though we found this questionable clause. At the same time, it concerns me greatly that the Liberal government is proposing serious changes like this. Not only do the Liberals try to hide it in a budget implementation bill, they do not even tell their own caucus about it.

Who is really calling the shots and running the government? Why would it keep its own caucus in the dark? To be fair, I am not going to say that the Liberals are soft on corporate crime or that the secret payoff is intended to help Liberal corporate insider friends, but others are saying these exact things. In the absence of information there is misinformation. When something is intentionally hidden from view, people will speculate there must be a reason it is hidden. These things undermine the integrity of our justice system when it comes to prosecuting white-collar corporate crime.

I will give the benefit of the doubt to the government here. I do not believe the intent of this proposed legislative change is to help out white-collar criminals. In fact, I am certain there are arguments to be made why some believe this measure is a good thing in helping crack down on white-collar crime. However, we will not be having that debate because this clause is not before the justice committee where it belongs. That, of course, is because someone in the Prime Minister's Office thought it was a good idea to bury this proposal in the budget implementation act instead of in a justice bill where it belongs.

Bill C-74 is a budget implementation act omnibus bill. Bill C-75 is a criminal justice reform omnibus bill of 300 pages. It makes no sense that the Liberals would put this provision in Bill C-74 unless they wanted to evade scrutiny. Not one single witness came to committee to talk about this. That is a failure, either of us as parliamentarians or because someone on the government side thought the Liberals could pull a fast one.

Before moving on, I would like to thank the members of the finance committee for the collective work we have done exposing this questionable piece of legislation. We do what we can, and we try to do a good job.

Another troubling aspect of the budget implementation bill is the fact that it does not place Canada on a path to a balanced budget by 2019. That is another broken promise by the Prime Minister, which begs the question why the Prime Minister made that promise in the first place. Is it because he believes that a balanced budget is a good thing, or because he believes that others think it is a good thing and he will basically say anything that would help him win votes? We do not know the answer to that question. However, it is not unlike the promise “While governments grant permits for resource development, only communities can grant permission.” We all know how that broken promise is turning out, which leads to my next question.

Out of the blue, the Prime Minister promised to borrow another $4.5 billion so he can politically control the timeline of the Kinder Morgan pipeline. Where exactly is this money coming from? It is a massive amount of money, yet it is not anywhere in the budget. Further assuming that the Prime Minister actually intends to build the Trans Mountain pipeline, it will surely cost another $7 billion or more. Combined, that is over $11 billion. That is more than the modest $10-billion deficit the Prime Minister promised.

Nowhere in this budget document is that out-of-the-blue spending referred to. This is all so that the Prime Minister can buy himself out of another broken promise, while at the same time breaking other promises. It gets complicated. With so many broken promises, one begins to lose track. This is not unlike his $7-billion slush fund, which the Parliamentary Budget Officer has said contains “incomplete information and weaker spending controls”. That is $7 billion of borrowed money, with zero information on how that money will be spent, and we are going into an election next year.

Meanwhile, the Liberal government is busy ramming through changes to the Elections Act that would limit what everyone else can spend pre-writ, except of course the Liberal government itself. How does anyone support that? Basically, we have a Prime Minister who has a well-documented history of being willing to promise anything to anyone to win votes, who will be armed with the equivalent of a $7-billion Visa card going into an election.

I have sympathy for the members opposite, because we all know that when anyone dares to vote against the Prime Minister on the Liberal side, there are serious consequences, despite those promises for free votes and sunny ways.

In closing, there is no possible way I can support the budget implementation bill. To be candid, I would have a hard time supporting it even if I sat on the government side of the House, because it breaks so many of the promises the Prime Minister made to Canadians, the same Prime Minister who, once upon a time, claimed he was worried about cynicism in Canadian politics.

I can think of no previous prime minister in the past few decades, since I started closely following federal politics, who has broken more promises to Canadians than the current Prime Minister. The most troubling part is that, more often than not, it is a “do as I say, not as I do” approach, much like this omnibus bill I will be voting against. It was bad when Stephen Harper did it as prime minister, but despite the fact that the current Prime Minister said he would bring an end to what he called an “undemocratic practice”, in reality he has taken it to a whole new level. From my perspective, that is not right. I look forward to hearing the comments from all members in this place.

Criminal Code

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

Mr. Speaker, I would like to table, in both official languages, a legislative background for 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.

Bill C-75—Time Allocation Motion

[Jody Wilson-Raybould, Liberal, Vancouver Granville, BC]

Mr. Speaker, I am incredibly proud to answer the member opposite's question.

With respect to listening to the provinces, and I will add the territories, of course we have listened to the provinces and territories. If the member opposite was familiar with the Government of Quebec, the minister of justice was involved in the discussions we had. The provinces and territories and I issued a press release about the bold reforms that are necessary in six fundamental areas.

We have acted on the fundamental areas that have been identified. Of course we are listening to the provinces and territories. We will continue to listen to the provinces and territories.

With respect to amendments, absolutely, I am always open to hearing amendments. I am always open to hearing how we can improve on a piece of legislation, not only from the parties in the opposition but from the actors and the witnesses that come before committee.

In terms of front-line workers, we had a round table on victims and those who advocate for victims. We had a round table that included judges, defence counsel, and prosecutors in every jurisdiction across the country, so we have done our necessary homework. We have the evidence to put forward on Bill C-75.

I would seek all members' abilities in having these debates and discussions, and where this bill can be improved, let us improve it. This is the opportunity we have to address the Supreme Court's—

[Jody Wilson-Raybould, Liberal, Vancouver Granville, BC]

Mr. Speaker, with Bill C-75, we have introduced a very comprehensive piece of legislation.

In my view and in the view of the government, the best way to deal with the criminal justice system is to ensure that we have done our homework, ensure that we work with officials not just within my department but across the country, ensure that we are working with the provinces and territories to bring forward and understand a shared responsibility on the administration of justice, and ensure that there is agreement around the bold reforms that are necessary.

We have had extensive consultations and discussions with the provinces and territories. We are taking heed of the report of the Senate committee on legal and constitutional affairs, which did a detailed study on justice delays, and we are taking heed of online surveys as well as round tables right across the country in every jurisdiction.

We are taking this incredibly seriously. We have the evidence to support the reforms that we are making. I would invite the members opposite to support alleviating the delays in the criminal justice system.

[Brian Masse, NDP, Windsor West, ON]

Mr. Speaker, we are here tonight debating Bill C-75, which has been crammed with a lot of different changes taking place from other legislation. It is now receiving less time in the House here before going to committee.

Could the minister explain to the House, or at least go on the record to say if she believes that her process and her government's process right now to fast-track this bill and limit debate and cram it together like this is going to lead to better legislation, or to potential problems later on?

In the minister's opinion, is this the best professional way to deal with the criminal justice system in Canada?

[Jody Wilson-Raybould, Liberal, Vancouver Granville, BC]

Mr. Speaker, every member in this House, I am certain, takes the issue of human trafficking extremely seriously. These are among the most vulnerable people in our society, and we need to protect them.

The reforms that we are making in the criminal justice system are broad-based. They ensure that we are protecting public safety, that we are showing compassion and respect for victims, and that people are held to account for their offences.

Contained within Bill C-75 is the bill that we had introduced to deal with human trafficking. However, because this is a difficult offence to prove, the bill proposes to provide additional tools to prosecutors and law enforcement in order to prove the offence of human trafficking. That is one measure.

In terms of assisting victims, we are doing many different things, including in the areas of domestic violence and sexual assault. We are bolstering the intimate partner violence provisions within this bill, among many other things. Recognizing that this is Victims and Survivors of Crime Week, we have engaged in a number of ways to assist with respect to victims and to ensure that we are showing our compassion and respect to them.