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.

Report Stage

[Brad Redekopp, Conservative, Saskatoon West, SK]

Madam Speaker, it is a pleasure to rise tonight to speak to Bill C-20, which is an act that would establish the public complaints and review commission. It would essentially replace the existing Civilian Review and Complaints Commission for the RCMP by creating an external body and then combining it with the Canada Border Services Agency, which at the moment does not have an independent review system at all. The bill would create a new review commission for both of those organizations. It would have certain rules, tools and procedures to deal with the issues that would typically come up in a review body.

There are many different things that can come up. For example, just a few years ago in Saskatchewan, there was a terrible, tragic incident on the James Smith Cree Nation, where Myles Sanderson murdered 11 people on that reserve just north of Saskatoon. A coroner's inquest was held, which, in the future, could be done by a commission like the one we are talking about tonight. In this case, it was done by a provincial coroner's inquest. The inquest was completed in January of this year, and I want to highlight a couple of the things it found.

For example, one of the findings was that the RCMP gives patrol officers access to the most current photos of people. In addition, the enforcement and suppression team provides a list of its 60 most-wanted targets to all Saskatchewan RCMP detachments. When a most-wanted person is affiliated with or is a member of a first nation, RCMP detachment commanders work with the first nation's leadership to advise them of the individual's wanted status. That is an example of the kinds of findings and outcomes that could come from a commission like the PCRC. This is important and useful work that is done when there are complaints.

One of the interesting things in that particular incident was that the perpetrator, Myles Sanderson, had a history of violent offences and had been recently released on parole, despite the prediction by the parole board that he was likely to reoffend regardless of his racial background. This is really important because a lot of the work that commissions like the proposed one end up doing comes from a lot of the crime that is happening, obviously. The tragedy that occurred because of someone who was released on parole but maybe should not have been is an example of the soft-on-crime Liberal policies that we are seeing in Canada these days.

In 2021, the Liberal government introduced Bill C-5, which essentially removed mandatory minimum sentences from all Criminal Code offences committed with a firearm, such as robbery, assault, break and enter and extortion, as well as drug crimes such as trafficking, production and selling. In addition, Bill C-5 replaced prison sentences with conditional sentences, which is house arrest, for crimes like sexual assault, kidnapping, arson for fraudulent purposes, assault causing bodily harm with a weapon and assaulting a peace officer causing bodily harm or with a weapon. Those are just some examples of types of offences for which prison was removed and conditional sentencing, or house arrest, was granted.

In 2018, Bill C-75 was introduced by the Liberal government. Essentially, it made it much harder to put someone in jail and, conversely, much easier to get out. That is the essence of Bill C-75. The problem with that, and what leads to much of the crime we are seeing, is that it takes away the consequences in many cases for criminals, so they lose their fear of punishment. I will give an example. Imagine a youth who is struggling and is a little down on his luck. We could talk about how the government has made life so expensive with its reckless spending that has caused inflation and its carbon tax that has caused grocery prices to get more expensive, but that is another conversation.

Imagine this youth who is struggling to put food on the table. He may live with five or more other people in a two-bedroom apartment. Again, the policies of the government have caused housing to be so expensive. Now imagine that a gang member or somebody in a criminal organization asks him if he wants to make $500 by stealing a car, and tells him he will never go to go to jail and that the worst case scenario is that he will get arrested and be released back into the community, but that there are really no consequences.

What is that youth going to do? There is a good chance they are going to take the opportunity because they need the money. This is a problem in our culture today, that the consequences of their actions, the punishment for doing crimes, has been lessened so much that it becomes a viable option for a person like the one in the example I have given. What do we see in our country? We see that violent crime is up. Since 2015, when house arrest, which I mentioned in the examples I gave, was brought in, violent crimes are up 32% nationally.

Now, just to focus in on Saskatoon a little, in 2023 there were 12 murders in Saskatoon, 10 of which, by the way, were in the riding I represent, Saskatoon West, where I live and work. I have lived there for a period of time, and I have experienced many of the things that people experience on the west side of Saskatoon, including having my bike stolen, having to deal with people outside my home and things like that. These are things that we get used to and put up with.

As I said, in 2023 there were 12 murders in total in Saskatoon. So far this year, up to the end of May, there have been 10 murders, all of them in the riding I represent. I will look at a few other numbers on arrests, and this is quite concerning. In Saskatoon in the first five months of this year, there have been 830 assaults, versus 742 all last year. Sexual assaults so far this year are at 120, versus 84 all last year. Weapons charges are at 250, versus 256 all last year. Abductions so far are at 17, versus 14 all last year. Robberies are at 147, versus 131 all last year. Break and enters are at 500 so far, versus 600 all last year. Vehicles broken into or stolen so far this year are at 1,000, versus 1,200 last year.

We are not bad people on the west side of Saskatoon, far from it, and it is not a bad place to live. It is a beautiful area. There are lots of nice houses and lots of nice neighbourhoods. However, because of the soft-on-crime policies that we are seeing from the government—

Public Safety

[John Williamson, Conservative, New Brunswick Southwest, NB]

Mr. Speaker, I rise to the table two petitions on behalf of my constituents in New Brunswick Southwest.

The first petition is concerning the rising rate of crime in rural communities. The petitioners no longer feel safe in their communities because of the soft-on-crime laws passed by the Liberal-NDP government. They note that Bill C-75 made it easier for repeat violent offenders to obtain bail, Bill C-5 removed mandatory prison time for serious gun, drugs and sex crimes, and Bill C-21 redirects valuable police resources away from our streets and toward too much back-office work.

The petitioners call on the Government of Canada to protect victims of crime by giving jail, not bail, to repeat dangerous offenders and to bring home safe streets for rural communities by immediately passing the Conservative reforms found in Bill C-325.

Women and Gender Equality

[Arif Virani, Liberal, Minister of Justice and Attorney General of Canada]

Mr. Speaker, on this day in 1990, members of Parliament passed a Conservative bill that would sentence doctors to jail for providing abortions. Thankfully, that bill died in the Senate.

Abortion is health care. Canadian women should always have access to abortion. Recognizing this constitutional right to abortion, Liberal Bill C-75 removed abortion from our Criminal Code entirely in 2019. That is the exact same bill the Conservative leader keeps promising to repeal.

While Conservatives speak at anti-abortion rallies and venerate American restrictions on abortion, this Liberal government will always stand up for women's rights.

Justice

[Jamil Jivani, Conservative, Durham, ON]

Mr. Speaker, I would like to table my very first petition as member of Parliament for Durham on behalf of my constituents and Canadians across the country who are concerned about rising rates of auto theft. This petition is signed by Canadians who are concerned about Liberal bail policies, Bill C-75 and Bill C-5, and their enabling of repeat offenders to continue committing crimes in our community.

Fall Economic Statement Implementation Act, 2023

[Kelly McCauley, Conservative, Edmonton West, AB]

Mr. Speaker, I am glad my colleague brought up the issue around crime. Last month was the tragic one-year anniversary of a young mother and her young child being murdered on the streets of Edmonton by a man who had just been released on bail after assaulting a young girl and another person while he was out on parole after stabbing someone randomly and charged with attempted murder. He was out on parole after also trying to stab someone to death while also out on bail on four different violent assault charges.

The Liberals introduced Bill C-5 and Bill C-75, soft-on-crime bills. I wonder whether the member could perhaps give some feedback on why he thinks the Liberal government is prioritizing the rights of criminals instead of innocent victims.

Public Safety

[Dan Mazier, Conservative, Dauphin—Swan River—Neepawa, MB]

Mr. Speaker, it is always an honour to present a petition on behalf of constituents.

I rise for the 38th time on behalf of the people of Swan River, Manitoba, to present a petition on the rising rate of crime. The people of Swan River are upset that jail is a revolving door for repeat offenders, as Bill C-75 allows violent offenders to be in jail in the morning and back on the street the same day. The Manitoba West district RCMP reported that just 15 individuals were responsible for 1,184 calls for service.

The people of Swan River are calling for jail, not bail, for repeat violent offenders. The people of Swan River demand that the Liberal government repeal its soft-on-crime policies, which directly threaten their livelihoods and their community.

I support the good people of Swan River.

Department of Justice—Main Estimates, 2024-25

[Andrew Scheer, Conservative, Regina—Qu'Appelle, SK]

Mr. Speaker, no judge ordered the government to make it easier to restrict judges from looking at other options, including keeping dangerous and repeat offenders in jail longer. The direct result of Bill C-75 is that Canada now has a catch-and-release bail system. The minister does not have to take my word for it. He can listen to the Victoria Police Department, which said in a statement, “Bill C-75, which came into effect nationally in 2019, legislated a 'principle of restraint' that requires police to release an accused person at the earliest possible opportunity”.

Let us look at what that language says. It specifically states, “a peace officer, justice or judge shall give primary consideration to the release of the accused at the earliest reasonable opportunity and on the least onerous conditions”.

Can the minister just answer a simple question? There are only two options: Since Bill C-75, either the crime rate went up or the crime rate went down. After nine years of the Liberal-NDP government, has the crime rate in Canada gone up or down?

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

Mr. Speaker, I appreciate that as a former Speaker, the member used to consult Speakers' decisions, but I also would appreciate that he knows about Supreme Court jurisprudence. What Bill C-75 did was codify a Supreme Court decision called “Antic”. The law was already in place. We took that law from the court cases and put it into the Criminal Code. That is what codification involves.

[Andrew Scheer, Conservative, Regina—Qu'Appelle, SK]

Mr. Speaker, I will get to auto theft in a moment, but first I want to just clarify: Bill C-75 made specific changes to make bail easier for dangerous and repeat offenders. I am not talking about any other aspect of bill C-75. Since those specific changes in Bill C-75, has the overall crime rate gone up or down in Canada?

[Arif Virani, Liberal, Minister of Justice and Attorney General of Canada]

Mr. Speaker, Bill C-75 dealt with a number of things. It dealt with trial delays. It dealt with responding to Jordan. It dealt with changing how to select a jury trial after the Gerald Stanley matter and the systemic racism that was disclosed. It also dealt with enhancing penalties for things like auto theft, which that member voted against.

[Andrew Scheer, Conservative, Regina—Qu'Appelle, SK]

Mr. Speaker, there has been so much misinformation from the Minister of Justice, so I am going to try one last time to get some clarity around some key points.

The NDP-Liberal government made a conscious decision to not just make it easier but actually force judges to grant bail for dangerous and repeat offenders. That was in their bill, Bill C-75. Since those changes in the government's bill, has the overall crime rate in Canada gone up or down?

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

Mr. Speaker, I would be very open to looking at what is transpiring in California. Centring victims at the heart of our criminal justice strategy is important, and we have been attempting to do that with respect to victims of hatred, through the online hate bill; victims of child sex predation, through Bill C-63; victims of intimate partner violence, through our changes to the bail regime, not once but twice, through Bill C-48 and Bill C-75; and fundamentally, victims of gun violence in this country, through bills like Bill C-21, which would put a freeze on handgun sales and ensure tougher penalties with respect to things like gun trafficking. These are important provisions, but I am definitely willing to entertain suggestions about what California is doing and look at whether the model could be brought over.

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

Mr. Speaker, I appreciate the member's contributions at the justice committee and to today's debate, but let me just outline a few things. The first is that I am not responsible, or the decision-maker, for individual bail decisions. Those are made by independent and impartial adjudicators around the country. Second, the decisions are meant to be guided by principles under the Criminal Code of Canada and by Supreme Court jurisprudence.

The member is referencing Bill C-75, and what it entrenched is the constitutional principle that already came from case law, such as the Antic decision of the Supreme Court of Canada. All we were doing was codifying a jurisprudential decision that had already been made. However, in terms of decisions that are being made about repeat offenders, that goes to the hallmark of the likelihood of reoffending. That is a consideration for bail under the Criminal Code of Canada. It needs to be applied in all instances.

[Tako Van Popta, Conservative, Langley—Aldergrove, BC]

Mr. Speaker, there was another story also coming out of the city of Victoria that a person charged with illicit drug trafficking three times was released on bail three times, and people are wondering what is going on with the police. Now the police, in their public notices, have taken to highlighting Bill C-75 of the Liberal government, which directs them to release people with the least restraint possible.

My question to the minister again is this: How many times is too many before a repeat violent offender like the drug trafficker I mentioned should be kept behind bars for the sake of public safety?

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

Madam Chair, our commitment to victims, including victims of intimate partner violence, is steadfast, and that is witnessed through our reforms in Bill C-48 and Bill C-75, which dealt with the reverse onus on bail for people who are victims of intimate partner violence. That is demonstrating our commitment to victims, and we will continue to do so.