Joe Comartin moved, — That the Committee adopt the following report:
Introduction
Bill C-2, An Act to amend the Criminal Code and to make consequential amendments to other Acts, was introduced and received first reading in the House of Commons on 18 October 2007. The Bill – short title: Tackling Violent Crime Act – groups together five bills that had been dealt with separately in the first session of the 39th Parliament. The five broad categories of legislative measures will create two new firearm offences and provide escalating mandatory sentences of imprisonment for serious firearm offences, reverse the onus on those seeking bail when accused of serious offences involving firearms and other regulated weapons, make it easier to have someone declared a dangerous offender, introduce a new regime for the detection and investigation of drug-impaired driving and increase the penalties for impaired driving, and raise the age of consent for sexual activity from 14 to 16 years.
Background and status of C-10, 22, 27 and 35 at time of Prorogation
The mandatory minimum sentences for serious firearms offences in Bill C-2 derive from Bill C-10, An Act to amend the Criminal Code (minimum penalties for offences involving firearms) and to make a consequential amendment to another Act, which was introduced and received first reading in the House of Commons on 4 May 2006, followed by second reading and referral to the House of Commons Standing Committee on Justice and Human Rights on 13 June 2006. Its primary objectives were to increase mandatory minimum terms of imprisonment for individuals who commit serious or repeat firearm offences, and to create the new offences of breaking and entering to steal a firearm and robbery to steal a firearm.(1) Bill C-10 was introduced in the Senate on 30 May 2007.
The change to the age of consent in Bill C-2 derives from Bill C-22, An Act to amend the Criminal Code (age of protection) and to make consequential amendments to the Criminal Records Act, which was introduced and received first reading in the House of Commons on 22 June 2006 and was passed by the House on 4 May 2007. The goal of Bill C-22, and of the corresponding clauses in Bill C-2, is to amend the Criminal Code to raise the age, from 14 to 16 years, at which a person can consent to non exploitative sexual activity. This applies to sexual activity involving prostitution, pornography, or where there is a relationship of trust, authority, dependency or any other situation that is otherwise exploitative of a young person. Bill C-22 passed second reading in the Senate on 20 June 2007.
The changes to the provisions concerning dangerous offenders, long-term offenders and recognizances to keep the peace in Bill C-2 derive from Bill C-27, An Act to amend the Criminal Code (dangerous offenders and recognizance to keep the peace), which was introduced and received first reading in the House of Commons on 17 October 2006 and was sent to a special legislative committee following second reading on 4 May 2007. The goal of Bill C-27, and of the corresponding clauses in Bill C-2, is to amend the Criminal Code to facilitate the declaration of certain convicted persons as dangerous offenders. One modification in Bill C-2 from Bill C-27 is the possibility for a sentence of detention for an indeterminate period in the case of an offender who has breached a long-term supervision order. It should be noted that Bill C-2 retains the dangerous offender presumption that was provided in Bill C-27 for three primary designated offences. Before the prorogation of Parliament, the legislative committee had held six meetings on the study of Bill C-27.
The provisions relating to drug-impaired driving in Bill C-2 derive from Bill C-32 of the First Session of the 39th Parliament. Bill C-32 was introduced in the House of Commons on 21 November 2006 and reported with amendments by the Standing Committee on Justice and Human Rights on 20 June 2007.
The provisions in Bill C-2 relating to bail for offences involving firearms derive from Bill C-35, An Act to amend the Criminal Code (reverse onus in bail hearings for (firearm-related offences), which was introduced in the House of Commons on 23 November 2006 and adopted by the House without amendment on 5 June 2007. The intent of the bill was to restrict the ability of persons charged with certain offences related to firearms to be released on bail. Before the prorogation of Parliament, Bill C-35 had received first reading in the Senate on 5 June 2007.
Issues over further delay
The Committee has concerns that the Bill in its present form will further delay the above noted Sections that have already been reviewed by Committee and have been reported back and or passed the House of Commons. These Sections have received all-party support and therefore their passage and coming into force could be greatly expedited by splitting Bill C-2 in particular this should expedite the passage of these sections through the other place.
The Committee also has concerns over certain Sections relating to the dangerous offenders provisions contained in Bill C-2. Issues relating to constitutional jurisdiction and the division of federal and provincial powers have been raised as have been concerns about possible successful Charter of Rights challenges. As a result, the Committee maintains that these Sections require extensive debate and possibly amendments to the Bill. In particular the Committee is also concerned that this part of the Bill will attract extensive review and debate in the Other House, thereby causing a lengthy delay in the passage of C-2 unless the Bill is split.
Recommendations
The Committee therefore recommends
That the House instruct the Committee that it divide the Bill into two bills, the first containing the provisions of the Bill creating two new firearm offences and providing escalating mandatory sentences of imprisonment for serious firearm offences, strengthening the bail provisions for those accused of serious offences involving firearms and other regulated weapons, introducing a new regime for the detection and investigation of drug impaired driving and strengthening the penalties for impaired driving, and raising the age of consent for sexual activity from 14 to 16 years and the second containing the provisions respecting more effective sentencing and monitoring of dangerous and high-risk offenders; and
That the Committee report the first bill to the House no later than Wednesday, November 21, 2007, and the second bill no later than November 23, 2007.
That the Chair present this report to the House as soon as possible.
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