Bill C-48

An Act to amend the Criminal Code (bail reform)

This enactment amends the Criminal Code to, among other things,
(a) create a reverse onus provision for any person charged with a serious offence involving violence and the use of a weapon who has been convicted, within the last five years, of a serious offence involving violence and the use of a weapon;
(b) add certain firearms offences to the existing reverse onus provisions;
(c) expand the reverse onus provision for offences involving intimate partner violence to ensure that it applies to an accused person who has been previously discharged for such an offence;
(d) require the court to consider if an accused person has any previous convictions involving violence and to include in the record a statement that the safety and security of the community was considered; and
(e) require the court to include in the record a statement setting out how the court determined whether the accused is Aboriginal or belongs to a vulnerable population and, if so, how the particular circumstances of the accused were considered.
This enactment also makes further clarifications and provides for a parliamentary review of the provisions it enacts or amends to commence on the fifth anniversary of the day on which it receives royal assent, or as soon as feasible after that anniversary.

Business of the House

[Mark Holland, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, inflation is a global phenomenon. It is good that Canada is below the OECD average. It is also below the G7 average, the G20 average, the U.S., the U.K., Spain, Germany and many other countries. Of course, that is not good enough. We have to continue to lead and do everything we can. That is why I am so proud that this House just adopted a budget with critical measures to help Canadians in every corner of this country with affordability, because we are not going to fix the problem of global inflation by slashing support to the most vulnerable.

After passing the budget, this House has important work to do over the next two weeks.

It will start this evening as we resume debate on Bill C-35, on early learning and child care, at report stage. Once that debate is done, we will resume debate on Bill C-33, on railway safety. Tomorrow, we will debate Bill C-41, on humanitarian aid. On Monday at noon, we will begin second reading debate of Bill C-48 concerning bail reform, and then we will go to Bill C-35 at third reading after question period. On Tuesday we will call Bill S-8, on sanctions, at report stage and third reading.

On top of this, priority will be given to Bill C-22, the disability benefit, and Bill C-40 regarding miscarriage of justice reviews, as well as our proposal to implement changes to the Standing Orders, which were tabled earlier today, to render provisions with respect to hybrid Parliament permanent in this House.

Furthermore, I have a unanimous consent motion that I would like to propose in relation to the debate tomorrow.

I move:

That, notwithstanding any standing order, special order or usual practice of the House, in relation to Bill C-41, An Act to amend the Criminal Code and to make consequential amendments to other Acts:

(a) the amendment in Clause 1 adopted by the Standing Committee on Justice and Human Rights, which reads as follows:

“(a) by adding after line 26 on page 1 the following:

(4) Subsections (1) and (2) do not apply to a person who carries out any of the acts referred to in those subsections for the sole purpose of carrying out humanitarian assistance activities conducted under the auspices of impartial humanitarian organizations in accordance with international law while using reasonable efforts to minimize any benefit to terrorist groups.

“(b) by deleting lines 15 to 19 on page 2.”

be deemed within the principle of the bill; and

(b) when the bill is taken up at report stage:

(i) it be deemed concurred in, as amended, on division, after which the bill shall be immediately ordered for consideration at the third reading stage,

(ii) not more than one sitting day or five hours of debate, whichever is the shortest, shall be allotted for consideration at the third reading stage,

(iii) five minutes before the expiry of the time provided for government orders that day, at the conclusion of the five hours allocated for the debate, or when no member rises to speak, whichever is earlier, all questions necessary to dispose of the said stage of the bill shall be put forthwith without further debate or amendment, provided that, if a recorded division is requested, it shall be deferred pursuant to order made Thursday, June 23, 2022.

Corrections and Conditional Release Act

[Randall Garrison, NDP, Esquimalt—Saanich—Sooke, BC]

Madam Speaker, I must say I am bit perplexed as to why the Conservatives would do a quorum call in the middle of my speech. Maybe they do not want to hear what I have to say about parole and the importance of parole to public safety, or maybe they do not want to hear what I am about to say about bail.

One of the things we have been talking about as New Democrats, which is now in the government's bail bill, a bill we have not been able to get to because of the delays of the Conservatives, is community-based bail supervision. That is the idea that we would take similar principles to parole and apply them to bail.

Right now, in the system we have in this country, when someone is on bail, there is actually no supervision whatsoever. The government's bill, Bill C-48, would provide that judges could refer people to community-based bail supervision programs. That means that people who are on bail would actually be supervised if they have a curfew, if they are supposed to be at a certain address or if they are supposed to be going to work, whatever the conditions of bail are. We do not really supervise that now. Community-based bail supervision would be important.

The other thing the bill would do is help with what I see as the real problem with bail in Canada, which is that we detain way too many people before trial, people who have not been convicted of anything. In particular, we detain way too many indigenous people, way too many racialized people, way too many poor people and way too many people with mental health challenges.

We do that because our system says that to get bail, people need a surety. They need somebody who is a friend or family member, who has a stable address and a stable job. They, themselves, also need a stable address, a telephone and usually a car before they could actually get bail. What we are doing is taking a lot of people and keeping them in detention, at very high costs, sometimes over $1,000 a day to keep people in detention.

If we use community-based bail supervision programs, the average cost of those pilot programs that the John Howard Society runs is five dollars a day. What we would get out of that is better public safety outcomes, fewer people in detention, and better public safety because we have better supervision for those on bail.

I am talking about this because it is the other end of the system from parole. Both of these are measures to keep the public safe. If we invest in parole and if we invest in community-based bail supervision, we would have fewer people who are victims of crime in this country. I hope that people in this House will see the wisdom of investing in these ways of rehabilitating and reintegrating people into our society.

[David Lametti, Liberal, LaSalle—Émard—Verdun, QC]

That's a fair point.

I have two things immediately in response.

The administration of justice is provincial, so much of the work that I have done with my counterparts with respect to Bill C-48 also included commitments on their part to reinforce the bail system. You're seeing in Ontario, British Columbia and Manitoba specific kinds of measures with respect to the administration of bail, which hopefully will help the system, and different kinds of policing efforts. All of that is part of the mix.

The second point I would raise is that 95% of criminal law cases in Canada are heard by provincially appointed courts. There is a crying resource problem there as well at the provincial level, which arguably has a greater impact on the Jordan ruling, as well as bail questions.

Again, I have committed to working with provinces to try to find solutions to that particular challenge as well.

[David Lametti, Liberal, LaSalle—Émard—Verdun, QC]

They're making a mistake on this particular point, Mr. Moore. It didn't introduce anything new to Canadian law.

If I may finish my answer, of course, I'm concerned about a statistical increase in crimes. We'll get a better picture when Statistics Canada and other statistics-gathering organisms give us those statistics.

We've come through a pandemic. We've come through economic uncertainty. We're in the middle of a mental health crisis, in part brought on by the pandemic. This isn't completely unexpected. What we have to do, as legislators, is react to that. Bill C-48 is part of the reaction to that with respect to repeat violent offenders with weapons.

As I said in my opening remarks, we've worked hard with police authorities and with provinces. There is widespread support for the bill across Canada, with the NDP in British Columbia, the Conservative government in Ontario and other governments across—

[David Lametti, Liberal, Minister of Justice and Attorney General of Canada]

Thank you, Mr. Chair.

Thank you, colleagues.

Thank you for the invitation to be here today. I'm pleased to be here as the committee studies the 2023-24 main estimates for the Department of Justice.

I would like to begin, as I always do, and importantly, by acknowledging that we're located on the traditional territory of the Algonquin Anishinabe Nation.

I am joined, as you mentioned, Mr. Chair, by my officials: the deputy minister of justice, Shalene Curtis-Micallef; the chief financial officer, Bill Kroll; and the senior assistant deputy minister, Mike Sousa. Thanks to all of you for being here today in support.

Committee members will note that Justice Canada is seeking a total of $987.6 million in the 2023-24 main estimates, an increase of $65.8 million over the previous fiscal year.

We need a justice system that is accessible, efficient and, above all, fair. Canadians deserve to feel and be safe. Our justice system must live up to their trust. Our government is committed to ensuring that this is the case, and we will continue to honour our Charter, which is the pride of all Canadians.

Reconciliation with Aboriginal peoples is a crucial part of my mandate, in particular the implementation of the United Nations Declaration on the Rights of Indigenous Peoples Act.

We are currently working—very hard, I might add—in consultation and co-operation with first nations, Inuit and Métis, including national indigenous organizations, rights holders, modern treaty signatories and self-governing nations, to release an action plan and an annual report this month, as mandated in the act.

The work to ensure that the federal laws of Canada are consistent with the UN declaration is ongoing. This declaration represents transformational change and has the potential to progressively and positively transform the relationship between the Crown and first nations, Inuit and Métis.

In budget 2022, our government announced additional funding to implement the UN declaration act in the amount of $64 million over five years—from 2022-23 to 2026-27—and $11 million ongoing. In the 2023-24 main estimates, we're seeking $17.5 million as part of this commitment.

The Main Estimates also include an additional $7 million for new drug treatment court supervised programs, as well as the expansion of existing programs. These investments are part of our efforts to help those suffering from addiction, especially the most marginalized and vulnerable. Our government believes in an approach based on prevention and addiction treatment to tackle the causes of crime. We will continue to implement evidence- and science-based policies, including drug courts.

Access to justice is a fundamental Canadian value and an integral part of a just society. We know that too many Canadians face systemic barriers when trying to obtain legal services or interact with the courts. Aboriginal, Black and racialized Canadians are over-represented in our criminal justice system. That's why it's particularly important to invest in measures that facilitate access to justice, whether by providing information or support, through renewed funding for legal aid in criminal matters.

Our commitment to fighting discrimination and systemic racism in our institutions goes further. As I mentioned earlier, our justice system is not immune to the insidious mechanisms that stand between our system and truly just justice.

That's why I'm proud to have passed Bill C-5 last November, repealing mandatory minimums that have contributed to the overincarceration of indigenous people, Black persons and members of marginalized communities.

I've also introduced David and Joyce Milgaard's law to advance our work to build a more equitable justice system. It would establish an independent miscarriage of justice review commission to make it simpler and more efficient for potentially wrongfully convicted people to have their applications reviewed. I hope this committee has the opportunity to study this legislation soon. Budget 2023 announced $83.9 million over five years, starting in 2023-24, and $18.7 million ongoing for the commission.

I've also proposed targeted reforms to bail to make our communities safer and build trust in our justice system. Bill C-48 is designed to focus on violent repeat offenders and gun and knife violence, as well as intimate partner violence. This targeted reform to our bail laws is the product of collaboration with the provinces and territories. It has also benefited from input from mayors, police and parliamentarians, as well as indigenous leadership and the legal community.

Everyone in Canada expects us to tackle crime, as well as the causes of crime. Bill C-48 is part of our broader strategy to ensure the safety of all Canadians, and it is an example of what we can achieve when we work together. The bill is charter-compliant, and I'm proud to be a member of the party of the charter. It has been endorsed by provincial and territorial governments, as well as various police organizations across Canada. I look forward to working in particular with my colleagues around this table to advance this legislation quickly to protect Canadians.

The main estimates also seek funding to support other key initiatives to help build a fairer and more accessible justice system and advance the national action plan to end gender-based violence, supporting victims of intimate partner violence. The Mass Casualty Commission in Nova Scotia laid out the importance of addressing gender-based violence, and this action plan will help support our government's work going forward.

I'm pleased to say that budget 2023 announced $95.8 million over five years, starting in 2023-24, and $20.4 million ongoing per year thereafter to support indigenous families in accessing information about their missing or murdered loved ones. These include funding for FILUs, as well as the community support and healing for families initiative and more indigenous-led victim services and supports, which I was proud to announce last week. This investment represents an end to the cycle of temporary funding for these services and ensures that sustainable support is available for these critical resources.

On that note, Mr. Chair, I will wrap up my remarks. Thank you for the opportunity to talk about how we are making our justice system stronger, more accessible and more inclusive for all people.

Justice

[Gary Anandasangaree, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada]

Madam Speaker, Canadians deserve to feel safe and to be safe.

That is why we introduced Bill C-48, a targeted reform to update our bail laws, designed to focus on violent, repeat offenders, gun and knife violence, as well as intimate partner violence.

If I may, I will repeat what I said earlier. This is from the Canadian Association of Chiefs of Police.

The officials said the following about Bill C-48: We appreciate the fact that the minister worked with the party to introduce this common-sense bill that responds to concerns—

Public Safety

[Gary Anandasangaree, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada]

Madam Speaker, I would like to just repeat what I was saying earlier.

With Bill C-48, introduced a couple of weeks ago, we have nearly unanimous support from across provinces, as well as from police leadership. I want to quote again from the statement from the Canadian Association of Chiefs of Police, which said that it commends the federal government for acting on the urgency for legislative change and for recognizing that the proposed amendments are important. The statement also says, “We are convinced that the legislative changes put forth in Bill C-48 will go a long way to help eliminate the preventable harm and senseless tragedies attributable to violent and repeat offenders across Canada.”

Justice

[Gary Anandasangaree, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada]

Madam Speaker, Canadians deserve to feel safe and be safe.

That is why introduced Bill C-48, a targeted reform to our bail laws, designed to focus on violent repeat offenders, gun and knife violence, and intimate partner violence. This bill is the product of collaboration with the provinces and territories.

I want to quote from the Canadian Association of Chiefs of Police, which said, “We are convinced that the legislative changes put forth in Bill C-48 will go a long way to help eliminate the preventable harm and senseless tragedies attributable to violent and repeat offenders across Canada.”

I invite the Conservative Party—

Criminal Code

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

Madam Speaker, listening to what the member was saying, one can easily draw the conclusion that the private member's bill is fully endorsed, supported and part of the Conservative agenda, with this “tough on crime” attitude Conservatives take on, particularly the far right Conservatives, which is somewhat concerning in itself.

I want to view it from a different approach, and I do not know how many times I heard this from the Minister of Justice himself, that serious crimes deserve serious consequences. There is no doubt the Government of Canada takes very seriously the issue of crime in our communities, our safety and so forth. The actions to date by this government have clearly amplified that.

The question I posed to the sponsor of the bill we are debating this evening was related to the issue of consultation and the work the member has done. Members will notice that, in the response to the question I posed, the member did not work with the different provinces and territories in consultation, or at least report specifically on the provinces' contribution to the debate or the bill the member has brought forward. I do not recall hearing the member say it was provinces X, Y and Z, or a territory or indigenous leadership community supporting the legislation being proposed by the member.

It is important that we recognize, when we talk about our judicial system, that it is a joint responsibility between the provinces, territories, indigenous leaders and Ottawa. To amplify that, I would suggest that one only needs to look at Bill C-48, which is a very important piece of legislation. Prior to it, Conservatives were jumping out of their seats saying that we had to get tough on bail reform, and all that kind of stuff. While they were jumping from their seats, the government was doing its consultations, listening and responding to what the provinces and others were saying about the issue of how we can work together to recognize the importance of having bail reform. There was an opportunity.

Not that long ago we had the discussion in the House. I made the suggestion, and it seemed that members on all sides of the House were supporting the initiatives being taken in Bill C-48. I even cited some very specific quotes because we all know that Bill C-48 is very much a reflection of not only what the provinces and territories in particular were saying, but also what politicians of different political stripes were saying, as well as law enforcement agencies and different advocacy groups. The government did its homework. It did it through consultations. I do not think anyone was coming forward, at least not that I am aware of, saying that conditional sentences should be outright turned into a criminal breach, if in fact there is a violation of a conditional sentence, no matter how minor it might be.

Again, I look to the introducer of the legislation and what we are debating with Bill C-325. Does he realize that, by making it a criminal offence, which is what the legislation is attempting to do, it could criminalize someone on a conditional sentence that does not fall under the Criminal Code? If so, does he not have any issues with that?

One has to question the issue of our judicial system and its independence. They often talk about Bill C-5, which is an important piece of legislation that ultimately enabled judges to have more discretion with things like conditional sentences. The legislation recognized that there are injustices, whether in Black or indigenous communities. There is overrepresentation, and we need to be open to alternatives.

I have more faith in our judges than I do in the Conservative Party members, who tend to want to use the Criminal Code or a tough-on-crime approach in order to generate more money for the Conservative Party of Canada or to appear on a bumper sticker. I believe, as I stated at the very beginning of my comments, that serious crimes deserve serious consequences. I also believe that having conditional sentences for people who do not pose any risk to the public can be a win-win.

Unlike the Conservatives, I recognize the fact that there is a revolving door. We need to recognize that when we lock someone up, eventually, they will come out. Looking at ways in which we can minimize crimes and prevent them from taking place in the first place should be a priority. It is a priority for the government—

[Iqra Khalid, Liberal, Mississauga—Erin Mills, ON]

Madam Speaker, I am here today to speak to the private member's bill, Bill C-325, an act to amend the Criminal Code and the Corrections and Conditional Release Act, on conditions of release and conditional sentences. Let me be clear from the onset. I do not support this bill.

This bill would have significant negative impacts on the criminal justice system, including exacerbating the overincarceration of indigenous people, Black people and members of marginalized communities. This legislation is a backward step toward failed Harper criminal justice policies, which were struck down by the Supreme Court for being unconstitutional. I am proud to have supported the Minister of Justice and our government to reverse these bad policies.

Our approach to criminal justice prioritizes public safety and fairness. We recently introduced Bill C-48, which would reform the bail system to further these same objectives. Bill C-325's goals run contrary to key reforms enacted in former Bill C-5, which aimed to restore judicial discretion to impose fit and proportionate sentences to help address Canada's overincarceration crisis. I was the chair of the justice committee at the time that Bill C-5 was enacted through my committee.

We heard from so many witnesses about the impacts and the importance of judges not only having the discretion of how sentences are imposed, but also having the learning and the awareness of what Canada is, what it looks like and how the diversity of Canada is impacted with our judicial system. That includes ensuring that there is a gender-based analysis plus. That includes ensuring that judges understand and appreciate the lived experiences of people as they are going through the criminal justice system. That gives judges the right and the privilege, appropriately, to ensure that they are providing the right sentences to the people who are going through that system, sentences that are based on rehabilitation, not punishment. That rehabilitation is key.

The numbers really speak for themselves. In 2021-22, indigenous adults accounted for 31% of admissions to provincial and territorial custody, and 33% of admissions to federal custody, while representing only 4.3% of the Canadian adult population. Black adults accounted for 9% of the federal offender population, while representing just 4% of the Canadian adult population. Black and indigenous women are particularly overrepresented, together representing 60% of the federal female offender population.

The overrepresentation of these groups in the Canadian penal system is absolutely unacceptable. It has gone on for way too long. On this side of the House, we believe in the expertise of our judges. Our criminal justice system works better when judges can tailor punishments to suit the crimes and not when Ottawa creates overly broad policies that force judges to rule against their best judgment and their evidence. Bill C-325 would revert elements of our system back to failed Harper-era policies that clogged our prisons, wasted our resources and increased recidivism. This is dangerous, and it cannot pass.

The Conservatives' approach to public safety is one dimensional, unfortunately. They prey on fear to gain support for policies that would unduly lock more people in prison while voting against programs that address the root causes of those crimes. This is a recipe for more crime, not less.

Bill C-325 would endanger communities. I am not sure why the Conservatives think they know better than judges to evaluate public policy risks, public safety risks, but judges know best as they go through each individual crime. Conditional sentences can save lives and rescue families from division and despair. Criminal justice is not a one-size-fits-all exercise.

However, shortsightedness and fearmongering is the Conservative way. Take their opioid crisis strategy, for example. They would prefer to do away with evidence-based policies that target prevention, enforcement, treatment and harm reduction. They would prefer to build new prisons rather than solve the problem. Liberal policies have saved 46,000 people from overdose since 2017. The opioid epidemic is a health crisis, and it must be treated as one.

Restoring restrictions on the ability of judges to issue conditional sentences in appropriate situations would be a step backwards. We know that policies like Bill C-325 produce negative, disproportionate impacts on indigenous people, Black people and marginalized offenders. We refuse to undo the good work of former Bill C-5, which fights this overrepresentation and creates a fairer Canada. Allowing judges greater flexibility to order conditional sentences does not create a risk to public safety, because the current framework requires sentencing courts to ensure that the sentence would not endanger public safety and that it would be consistent with the purpose and the principles of the sentencing.

When former Bill C-5 was studied before the House of Commons Standing Committee on Justice and Human Rights, the Canadian Bar Association lauded the removal of restrictions on conditional sentences as “one of the most important reforms in the criminal law over the last decade.”

It is important to understand that giving judges greater flexibility in their ability to impose conditional sentences does not mean that all offenders will receive them. Individuals who pose a risk to public safety will continue to serve their sentence of imprisonment in jail. Serious crimes will have serious consequences.

Removing these restrictions on judges allows them to issue sentences to lower-risk offenders that not only aim to punish and denounce their conduct, but also focus on rehabilitation within the community. Evidence suggests this approach reduces future criminality.

Further, these proposed reforms are contrary to the government's commitment to fully implement the calls to action made by the Truth and Reconciliation Commission, including call to action 30 to eliminate the overrepresentation of indigenous people in custody over the next decade and call to action 32, which speaks to removing restrictions on the availability of conditional sentences.

I realize I am out of time. I will say again that judges need to have the discretion to give better sentences towards the aim of rehabilitation. That is why I cannot support this bill.

Business of the House

[Randy Boissonnault, Liberal, Minister of Tourism and Associate Minister of Finance]

Mr. Speaker, this is the first time that I have had the honour to share with our very dear colleagues in the House the message concerning the Thursday question. I am very pleased to answer my colleague.

As members know, Bill C-47, the budget implementation act, was reported from committee yesterday, so we will call it for the final stages of debate starting tomorrow and then continue early next week on Monday and Tuesday.

We will also give priority to Bill C-40, the miscarriage of justice review commission act, also known as David and Joyce Milgaard's law; Bill C-48, bail reform; and Bill C-41, humanitarian assistance.

Finally, I would like to inform the House that next Thursday will be an opposition day.

Justice

[David Lametti, Liberal, Minister of Justice and Attorney General of Canada]

Mr. Speaker, there is no such catch-and-release policy. In fact, what we have done in Bill C-48 is address violent repeat offenders, including with knives, including with bear spray. The Government of Manitoba, as well as indigenous peoples, asked for that provision. We provided that, working with provinces and territories.

We need to work together. The provinces have the administration of the justice system as part of their portfolio, their jurisdiction. We need to work with the provinces, not use meaningless rhetoric to try to debase the problem.

[David Lametti, Liberal, Minister of Justice and Attorney General of Canada]

Mr. Speaker, we have been working with provincial premiers, provincial ministers of justice, provincial ministers of public safety, and police associations across Canada to address questions about bail reform. We have done that. We have tabled Bill C-48, which has the support of provinces and police associations across Canada.

Saskatoon's police service deputy chief said, “It's encouraging to see the voices of the community and the policing community across Canada being heard”. He called it “a good move forward”. It is by working together that we can address complex problems like bail—

[David Lametti, Liberal, Minister of Justice]

Mr. Speaker, serious crimes deserve serious consequences.

What we are doing is implementing criminal law reforms that are based on evidence, not meaningless slogans.

With regard to Bill C-48, the president of the Canadian Police Association, Tom Stamatakis, said that police officers appreciate that the ministers “worked collaboratively with stakeholders and introduced this common-sense legislation that responds to the concerns that our members have raised.”

[David Lametti, Liberal, Minister of Justice and Attorney General of Canada]

Mr. Speaker, we have introduced Bill C-48 precisely to address violent repeat offenders with weapons, including knives, which was raised by Manitoba and other provinces. We have done that working in collaboration.

Here is what the Saskatoon police Deputy Chief Cam McBride, who I am sure is a friend of the hon. member, said about our new federal bail. He said that it is “a good move forward. It’s encouraging to see the voices of the community and the policing community across Canada are being heard”.

We have the support of the police. We have the support of provinces and territories here. The only person we do not have the support of is the Leader of the Opposition.