Bill C-75 (Historical)

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

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

Justice

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

Mr. Speaker, I am pleased to stand to speak about Bill C-75, which will address delays and efficiencies in the criminal justice system.

The member opposite spoke about the reclassification provisions in terms of the reforms that were proposed. It is simply untrue that we are changing the sentencing regime. We are hybridizing offences, but providing prosecutors with additional tools.

I would like to ask my friend across the way what he feels about the provisions in terms of intimate partner violence, where we are supporting those victims of sexual assault and domestic violence in this bill. Does he not support that?

[Rob Nicholson, Conservative, Niagara Falls, ON]

Mr. Speaker, I wish to inform the government that this week is Victims and Survivors of Crime Week.

I know that the Liberals have made it clear that victims have not been a priority of theirs in the last two and a half years, and of course the latest example is Bill C-75, which would reduce the penalties for many serious crimes, including the abduction of a child under 14 years of age, forced marriage, participation in terrorist groups and criminal organizations, and many others.

Is there any hope that the government can change its philosophy before the next election and start putting victims first? Can it do that?

[David Anderson, Conservative, Cypress Hills—Grasslands, SK]

Mr. Speaker, Conservatives in Canada believe that the number one priority of any government should be the safety of Canadians. The criminal justice system must strengthen these provisions, not weaken them.

In 2017, the Liberal government introduced Bill C-51. Ostensibly, it was intended to eliminate unnecessary and unconstitutional clauses in the Criminal Code, but buried in it were a number of additional Criminal Code provisions the Liberals decided to remove, including long-standing protections for clergy and places of worship. There was no logical reason why these were included, particularly at a time when incidents of religious intolerance are increasing. The government only backed down and removed these proposals after Canadians spoke up and said this was completely unacceptable.

However, they are back. Bill C-75 would reduce penalties for a whole range of serious crimes, including membership in a terrorist organization and political corruption, but it also would reduce sentences for obstruction and violence toward clergy.

Why is it that the Liberal government always puts terrorists and criminals ahead of victims?

Bill C-75—Notice of time allocation motion

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons and Minister of Small Business and Tourism]

Mr. Speaker, an agreement could not be reached under the provisions of Standing Orders 78(1) or 78(2) with respect to the second reading stage of 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.

Under the provisions of Standing Order 78(3), I give notice that a minister of the crown will propose at the next sitting motions to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage.

Justice

[Rosemarie Falk, Conservative, Battlefords—Lloydminster, SK]

Mr. Speaker, keeping Canadians safe should be the priority of every government and a serious crime should never be taken lightly, yet the Liberals are pushing ahead with legislation to reduce sentencing for serious crimes.

Human trafficking is a despicable crime, with a devastating impact on its victims. It is a crime that is growing in Canada. We need to be sending a clear message to perpetrators that modern-day slavery is unacceptable in our communities and carries a severe penalty. Instead, through Bill C-75, the Liberals are eliminating consecutive sentences for human traffickers.

Canadians are right to be concerned. This misguided legislation could result in lighter sentencing for a long list of serious crimes. The Liberal government is not taking criminal justice issues seriously. The rights of victims should always be the priority, and sentencing should always match the severity of the crime.

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

Mr. Speaker, if that is true, why did it not go to the justice committee? Why was it not included in Bill C-75 rather than Bill C-74? The Liberals have proposed dramatic changes to our criminal justice system that provide a “get out of jail” card for corporations charged with criminal activity. Not only have they snuck it into a budget bill, they rammed it through the finance committee without hearing from any witnesses, not one.

Can the Prime Minister tell Canadians why this radical change was not studied properly at the justice committee, where it belongs? Why is he intent on using a budget bill to continue to pass his soft-on-crime agenda?

Rural Crime

[Martin Shields, Conservative, Bow River, AB]

Mr. Speaker, it is a privilege to stand tonight and talk about the issue of rural crime. I appreciate my colleague from Lakeland bringing forward Motion No. 167. This is an important issue, and we have already heard several of my colleagues speak to it tonight.

Rural MPs from Alberta started talking about this issue in the last couple of years as they heard about it from their constituents. We held many town hall meetings in our ridings over the last year. We visited with staff sergeants and their detachments. We visited with RCMP commanding officers for the province. We talked to a lot of people. It was not hard to get people to come to town halls to talk about rural crime.

My riding, Bow River, is about the size of New Brunswick. It has 60 large and small rural communities. These are not city people who expect the RCMP or the metropolitan police to show up quickly. These people do not expect to see the RCMP very quickly because of the distance. It is very hard to get to them.

There are two groups I am very concerned about: the rural residents and the fear they are living with, and the RCMP members and the professional job they do. RCMP officers know that it is hard to get to reported crimes because of the distance. They want to get there, but there are some issues that are really creating problems.

We are glad that RCMP members have sick leave, maternity leave, and paternity leave. These are rights they should have. However, there is a strong shortage of staff, and they cannot backfill these positions. One detachment has seven members, but it really has only four because the positions cannot be filled, so the detachment is left short. If a detachment that supposedly has seven members but really has only four provides 24-7 coverage and has many miles to cover, that leaves the officers very much at risk. It is not only the stress of the job and the long hours, but the risk they may face being out in places far removed from any backup or support. The RCMP is caught in a vicious cycle.

The province did respond, in a sense, to this growing concern by saying that it would hire 59 more RCMP officers for rural detachments, but the soonest it can possibly get those is in two years, if it gets them at all.

We really have a problem with our professional police service, a service we really appreciate. The RCMP has a long-standing history of service to our country, but barriers are being put up in front of them and the work they need to do to respond to crimes. Upholding the law in our constituencies has become very difficult for them.

Then we get to the justice system. When the RCMP officers go out to investigate crimes, the people are often long gone before the officers can get there. When they do catch them, they appear in court, receive bail hearings, and are gone. The joke among RCMP officers is that they need to watch their vehicles when individuals are released on bail because they will probably steal one to go home. They know it is a slap on the wrist. The RCMP officers are very frustrated when doing their jobs because they will probably catch the repeat offenders another time doing the same crime. It is very hard for the RCMP.

They coach people at town hall meetings to get the citizens on patrol, on active crime watch. They are asking people to go out and help them in the middle of the night. We are talking about seniors on their properties in rural communities. They want them to go out and try to secure their property in the evening, and that is a challenging task.

This leads me to the second thing I am going to talk about, the fear among the citizens. I heard from a mother with a three-year-old child. At three o'clock in the morning, she heard people in her yard, and before long they were banging on her door. She locked herself in a room and phoned the RCMP. There was no chance the RCMP would get there.

In a community, two nights ago, two people attempted to steal a truck, and the resident came out. He is now in critical condition in the hospital, as he was severely beaten by them. They were long gone before somebody discovered this person, who was severely beaten, and called the police. The distances make it very tough.

Living in fear is a severe problem for our people in rural areas. The RCMP cannot get there. As other people have mentioned, reporting crimes is really important, yet people are giving up on reporting crimes because the RCMP cannot get there. Sometimes it has been days later when the RCMP can get there to try to investigate what is occurring. The dissatisfaction that is growing among residents toward their police force makes no sense. The frustration that is occurring among the residents in rural areas because of fear is wrong. We need to be able to provide better service in our rural communities.

We need to fundamentally restructure how we look at the RCMP and its service. Because of the way it is structured, there need to be more officers. They need more support. They should not fear going out at two in the morning on a call 30 miles out from where they live or where their detachment is, because they will be out there on their own with no backup from the unit behind them. They should not fear for their jobs to be able to do that. There needs to be backup. We need to look at how the RCMP works in rural areas. There is a serious shortage, and it is cyclical in what it causes them.

Someone mentioned Bill C-75. This could make it worse, in the sense that it is a revolving door with lesser penalties and fines for stealing things over $5,000. These are crimes of opportunity. These people know that the police are not going to get there. The vehicles found in rural communities are often very expensive. These are farming communities. They have expensive four-wheel drive trucks. These are $50,000 or $60,000 vehicles, and people are out there stealing them. If they know that under the new legislation they would get a slap on the wrist and maybe a fine, that would really exacerbate the situation in rural areas. Bill C-75 may cause this to become a more severe problem. The RCMP will be more frustrated and less likely to solve crimes if people are only fined for this.

Rural crime is a severe issue. In town halls, I see the fear on people's faces, their anger and frustration about the country they live in and should be safe in. This is not right. They have beautiful homes and great properties.

I am glad that this bill is here. We can collect data and information so that Canadians can feel safe in their homes, no matter where they live. This is a really important piece to do.

Business of the House

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons and Minister of Small Business and Tourism]

Mr. Speaker, this afternoon, we will begin debate on Bill C-75, the justice modernization act. This evening the House will consider, in committee of the whole, the votes in the main estimates for the Department of Citizenship and Immigration.

Tomorrow morning, we will debate the motion to extend the sitting hours. After question period, we will begin debate at report stage and third reading of Bill C-47 on the Arms Trade Treaty. We will resume that debate on Monday.

On Tuesday, we will resume debate at second reading of Bill C-75, the justice modernization act. On Wednesday, we will begin debate at report stage and third reading of Bill C-64, the abandoned vessels act.

Finally, should Bill C-74, the budget bill, or Bill C-69, the environmental assessment act, be reported back to the House, they shall take priority in the calendar.

Justice

[Cathay Wagantall, Conservative, Yorkton—Melville, SK]

Mr. Speaker, the Liberals' tabling of Bill C-75 is an indication that they do not seem to believe either that crime is a serious issue or that victims' rights should be a priority. The bill contains elements that will permit crimes that are indictable offences to now be treated as summary offences. Perpetrators who commit offences such as participating in the activity of a terrorist group, forced marriage, polygamy, and impaired driving causing bodily harm will now be able to escape the consequences of their actions by simply paying a fine.

To add insult to injury, the Liberals are breaking yet another promise. They committed to protect religious officials by upholding section 176 of the Criminal Code, which says that the assault of religious officials is an indictable offence. In an era when religious officials are vulnerable to acts of hatred, it is puzzling that the Liberal government is once again trying to minimize the fundamental importance of religious freedom in Canada.

Conservatives believe that Canada's fundamental charter rights and the safety of Canadians should be the number one priority of any government.

[Michael Cooper, Conservative, St. Albert—Edmonton, AB]

Mr. Speaker, time and again, the government has turned its back on victims, from opposing mandatory sentences to failing to appoint a victims ombudsman after six months. Now the government is watering down sentences with Bill C-75. Bill C-75 makes serious indictable offences prosecutable by way of summary conviction. As a result, serious offences, including participating in a terrorist organization, kidnapping a minor, and impaired driving causing bodily harm, can be punishable with a mere fine.

There can be no justice for victims when terrorists, kidnappers, and impaired drivers are able to walk away scot-free. Bill C-75 is an absolute travesty. Victims of crime deserve better than the Liberal government.

Criminal Code

[Gérard Deltell, Conservative, Louis-Saint-Laurent, QC]

Mr. Speaker, the Liberal government's Bill C-75 seeks to dramatically change the Criminal Code.

We support some of the measures in the bill, namely the one on domestic violence, because it provides better protections for victims and is harsher on criminals. It makes perfect sense.

Here ends the praise, however. The Liberal government is seeking reduced sentences for those who commit heinous crimes, including participating in the activities of a terrorist group, municipal corruption, human trafficking, forced marriage, advocating genocide, helping a prisoner of war to escape, and causing bodily harm.

Canadians want justice to be served when a crime is committed. The Liberal government is acting recklessly in seeking reduced sentences for these crimes.

That is no surprise, however, coming from a government that is poised to welcome 60 former ISIS fighters and have them take poetry classes.

Business of the House

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons and Minister of Small Business and Tourism]

Mr. Speaker, this afternoon we will begin debate on Bill C-76, the elections modernization act. This debate will continue tomorrow, and the following week will be a constituency week.

However, if we receive a message from the Senate this afternoon about Bill C-49, the transportation modernization act, this bill will get priority.

Upon our return following the constituency week, we will resume debate on Bill C-76 on Tuesday.

On Wednesday, we will start debate at report stage and third reading of Bill C-57, an act to amend the Federal Sustainable Development Act.

On Thursday, we will begin debate on Bill C-75, the justice modernization act.

Finally, pursuant to Standing Order 81(4), I would like to designate Tuesday, May 22, for consideration in committee of the whole of the main estimates for the Department of Finance, and Thursday, May 24, for the Department of Citizenship and Immigration.

Justice

[Rachael Thomas, Conservative, Lethbridge, AB]

Mr. Speaker, Canadians elect MPs to represent their interests and concerns in the House of Commons. Among other things, Canadians elect us to prioritize their safety and security, to defend the vulnerable, and to create laws that put the rights of victims before those of criminals, which is why it is extremely alarming to those of us on this side of the House to see the Prime Minister pandering to criminals rather than protecting victims.

Bill C-75 reduces penalties for a long list of very serious crimes, including participating in a terrorist group, trafficking women and girls, committing violence against a clergy member, murdering a child within one year of birth, abducting a child, forced marriage, advocating for genocide, and participating in organized crime.

The Conservatives believe the safety of Canadians should be the number one priority of every government. We will continue to speak up and speak out for those who are affected. We believe that the values portrayed within Bill C-75 are both deceptive and damaging, and we will continue to advocate on behalf of Canadians.

[Rob Nicholson, Conservative, Niagara Falls, ON]

Mr. Speaker, I rise in the House today to make Canadians aware of some very troubling changes the Liberals are proposing in Bill C-75.

The government is essentially watering down very serious criminal charges by adding a possible summary conviction as a crown option. This could result in a penalty as low as a fine for what was an indictable offence with a penalty of up to 10 years. These charges include abduction of a child under the age of 14, material benefit from trafficking, breach of prison, participation in a terrorist group or criminal organization, advocating genocide, arson for fraudulent purposes, and the list goes on.

This is the Liberal answer to the current backlog in the justice system, a crisis created by not appointing the adequate number of judges to the bench.

Canadians know this. When a perpetrator of a serious crime is set free with a mere fine, he or she has not paid the price for that crime.

I call upon the government to finally start putting victims first.

Alleged Premature Disclosure of Contents of Bill C-75—Speaker's Ruling

[The Speaker, Geoff Regan]

I am now prepared to rule on the question of privilege raised on April 17, 2018 by the hon. member for Niagara Falls concerning the alleged premature disclosure of the contents of 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.

I would like to thank the hon. member for Niagara Falls for having raised this matter, as well as the Parliamentary Secretary to the Leader of the Government in the House of Commons and the member for Berthier—Maskinongé for their submissions.

The member for Niagara Falls explained that an article by the CBC was published online eight minutes after Bill C-75 was introduced, suggesting that the only way this timeline was feasible was if the news organization was given advanced access to the contents of the bill.

Underscoring the importance of the House's right of first access to bills, the member contended that it is unacceptable that members have to “play catch-up” on a public debate on government legislation that is occurring between a well-briefed media and the Minister of Justice.

The Parliamentary Secretary to the Leader of the Government in the House of Commons told the House that no advance disclosure of the bill had occurred and the government had complied with all the rules. As a result, he believed that members were not impeded in their functions, nor was there any offence against the authority of the House.

Let me begin by noting that in this case, the right of members to be informed first as to the content of bills which are on notice is not in question. Rather, what is at issue is whether this customary privilege has been properly observed.

On June 8, 2017, I explained that the right of first access has to be balanced with other considerations, such as the complex policy development process that accompanies the drafting of a piece of legislation. I stated at page 12320 of the Debates:

The right of the House to first access to legislation is one of our oldest conventions. It does and must, however, coexist with the need of governments to consult widely, with the public and stakeholders alike, on issues and policies in the preparation of legislation.

This, then, must be measured against other evidence that is provided to the Chair; in other words, is there irrefutable evidence that specific legislative details about Bill C-75, beyond what could be considered as consultative information, were purposely and prematurely divulged to the media? Weighing the evidence provided in this case, as troubling as it is, it is difficult for the Chair to draw that conclusion, particularly since some details of the article in question could have come from the summary of the bill or from background information from discussions during the consultation process.

For that same reason, I can only agree with my predecessor when he noted on April 18, 2013, at page 15610 of the Debates, when referring to a question of privilege raised in relation to the premature disclosure of government legislation:

...it is a well-established practice that the contents of a bill are kept confidential until introduced in Parliament, thus making their premature disclosure a serious matter. However, in this case, a careful reading of the arguments presented to the Chair about what transpired reveals that the concerns expressed appear to be based more on conjecture and supposition than on actual evidence.

In addition, the parliamentary secretary assured the House that the government had not, in any way, divulged the contents of the bill nor its details before its introduction in the House. Therefore, although, as I said, this is very troubling, I cannot find that there is a prima facie question of privilege in this matter.

While the evidence presented may not be irrefutable in this instance, the Chair remains concerned that some members, of course, were left with the impression that they were put at a disadvantage in their ability to fulfill their duties.

When new ways, through technology or otherwise, are found to share information, it remains incumbent upon those who are responsible for legislative information to respect the primacy of Parliament by respecting the right of the House to first access. Members should never have to even so much as wonder if they were not the first to receive legislative information.

I thank all members for their attention.