moved that Bill , be read the second time and referred to a committee.
She said: Mr. Speaker, I am proud to rise today to speak to Bill . The legislation represents a key milestone in our government's commitment to modernize the criminal justice system, reduce delays, and ensure the safety of Canadians.
For more than a decade, the criminal justice system has been under significant strain. Although the crime rate in Canada has been declining, court cases are more complex, trials are getting longer, and the impacts on victims are compounded. In addition, indigenous people and marginalized Canadians, including those suffering from mental illness and addictions, continue to be overrepresented in the criminal justice system. For these reasons, I was mandated by the to reform the criminal justice system, and it is why I was proud to introduce this legislation as part of our government's response to those fundamental challenges.
Bill also responds to the Supreme Court of Canada's decision in 2016 in R. v. Jordan. The decision established strict timelines beyond which delays would be presumptively unreasonable and cases would be stayed. In such cases, the accused will not stand trial. This is unacceptable, and it jeopardizes public confidence in the justice system.
The bill also addresses issues raised in the June 2017 report of the Standing Senate Committee on Legal and Constitutional Affairs, which called on the government to address court delays, and it reflects our government's commitment to bring about urgent and bold reforms, many of which were identified as priorities by all provincial and territorial justice ministers in April and September of last year.
The bill proposes reforms in seven key areas. First, the bill would modernize and streamline the bail system. Second, it would enhance our approach to addressing administration of justice offences, including for youth. Third, it would bolster our response to intimate partner violence. Fourth, the bill would restrict the availability of preliminary inquiries to offences with penalties of life imprisonment. Fifth, it would reclassify offences to allow the crown to elect the most efficient procedure appropriate in the circumstances. Sixth, it would improve the jury selection process. Seventh, it would strengthen the case management powers of judges. The bill includes a number of additional reforms related to efficiencies, which I will touch on briefly later.
As noted, the first area of reform would modernize and streamline the bail regime. Under the charter, an accused person is presumed innocent until proven guilty. If charged with an offence, that person has the right not to be denied bail without just cause. The Supreme Court of Canada has repeatedly stated that bail, including the types of release and conditions imposed, must be reasonable, yet we know that police and courts routinely impose conditions that are too numerous, too restrictive, and at times directed toward improper objectives, such as behaviour and punishment. These objectives do not protect public safety.
We also know that there are more individuals in remand than those convicted of a crime. In other words, our correctional facilities are more than half-filled with people who have not been convicted of an offence.
In addition, the current approach to bail uses a disproportionate amount of resources, taking away from more serious cases. It perpetuates a cycle of incarceration.
Consistent with the 2017 Supreme Court of Canada decision in R. v. Antic, the proposed bail reforms would codify a principle of restraint. This would direct police and judges to consider the least restrictive and most appropriate means of responding to criminal charges at the bail stage rather than automatically detaining an accused. The individual circumstances of an indigenous accused and a vulnerable accused, such as a homeless person or one with mental illness and addiction issues, would become required considerations when making bail decisions. This means that an accused's circumstances would have to be considered prior to placing conditions upon them that were difficult or impossible to follow.
The principle of restraint would make bail courts more efficient by encouraging release at the earliest possible opportunity, without the need for a bail hearing in every case, and would take significant steps to reduce costs associated with the growing remand population currently detained in custody awaiting trial.
The bill would also strengthen the way our bail system responds to intimate partner violence by providing better protection for victims. If an accused has a history of violence against an intimate partner and is charged with similar conduct, the amendments would impose a reverse onus at the bail hearing, shifting the responsibility to the accused to show why the accused should not be detained pending trial.
I will now turn to the second area of reform proposed in Bill , which is to enhance the way our justice system responds to administration of justice offences. These are offences that are committed by a person against the justice system itself after another offence has already been committed or alleged. Common examples are failure to comply with bail conditions, such as to abstain from consuming alcohol; failure to appear in court; or breaching a curfew.
Across Canada, accused people are routinely burdened with complex and unnecessary bail conditions that are unrelated to public safety and that may even be impossible to follow, such as when a curfew is broken by an accused because he or she missed the bus in a remote area. In other words, accused people are being placed in circumstances in which a breach is virtually inevitable. We are setting them up to fail.
Indigenous people and marginalized Canadians are disproportionately impacted by breach charges, often because of their personal circumstances, such as a lack of family and community supports. As a result, indigenous people and marginalized Canadians are more likely to be charged, more likely to be denied bail, and if released, more likely to be subject to stricter conditions.
In addition, administration of justice offences impose an enormous burden on the criminal justice system, as nearly 40% of all adult cases involve at least one of these administrative charges. To respond to these challenges, Bill proposes a new approach. Police would retain the option to lay a new charge for the breach or failure to appear where appropriate. However, if the offence did not involve physical or emotional harm to a victim, property damage, or economic loss, the police would have an additional option of referring the accused to a judicial referral hearing. This would be an entirely new tool that would serve as an alternative to an unnecessary criminal charge and that would substantially increase court efficiencies without impacting public safety.
In the youth context, these proposals would encourage police to first consider the use of informal measures, as already directed by the Youth Criminal Justice Act, such as warnings, cautions, and referrals, and would require that conditions imposed on young persons be reasonable and necessary. This aligns with the overall philosophy of the act, which is to prevent our youth from entering a life of crime, in part by providing alternatives to formal criminal charges and custody.
At the judicial referral hearing, a court would hear the bail conditions and have three options: release the accused on the same conditions, impose new conditions to better address the specific circumstances of the accused, or detain the accused. This approach would allow for alternative and early resolution of minor breaches and would ensure that only reasonable and necessary conditions were imposed. This is a more efficient alternative to laying a new criminal charge and would help prevent indigenous persons and marginalized Canadians from entering the revolving door of the criminal justice system.
The third area of reform in Bill is with respect to intimate partner violence. In 2015, Canadians elected our government on a promise to give more support to survivors of domestic violence, sexual assault, and sexual harassment and to ensure that more perpetrators were brought to justice. I am proud to follow through on this commitment within this bill.
As I already noted, those accused of repeat offences involving violence against an intimate partner would be subject to a reverse onus at the bail stage. In addition, the bill does the following: (1) proposes a higher sentencing range for repeat offences involving intimate partner violence; (2) broadens the definition of “intimate partner” to include dating partners and former partners; (3) provides that strangulation is an elevated form of assault; and (4) explicitly specifies that evidence of intimate partner abuse is an aggravating factor for sentencing purposes.
Intimate partner violence is a reality for at least one in two women in Canada. Women who are indigenous, trans, elderly, new to Canada, or living with a disability are at increased risk for experiencing violence due to systemic barriers and failures. The personal and often lifelong consequences of violence against women are enormous.
The fourth area of reforms is to increase court efficiencies by limiting the availability of preliminary inquiries. Preliminary inquiries are an optional process used to determine whether there is enough evidence to send an accused to trial. Bill would limit their availability to accused adults charged with very serious offences punishable by life imprisonment, such as murder and kidnapping.
I recognize this represents a significant change. It is not a change we propose lightly. It is the product of an in-depth consultation process with my counterparts in the provinces and territories and with the courts, and it is based on the best available evidence. For instance, we know in 2015-2016, provincial court cases involving preliminary inquiries took more than four times longer to reach a decision than cases with no preliminary inquiry.
It is important to note that there is no constitutional right to a preliminary inquiry, and one is not necessary for a fair trial so long as the crown satisfies its disclosure requirements. In the Jordan decision, the Supreme Court of Canada asked Parliament to take a fresh look at current processes and reconsider the value of preliminary inquiries in light of the broad disclosure rules that exist today. The Standing Senate Committee on Legal and Constitutional Affairs also recommended that they be restricted or eliminated.
The proposed measures would reduce the number preliminary of inquiries by approximately 87%, ensure they are still available for the more complex and serious offences, help unclog the courts, and reduce burdens on witnesses and victims from having to testify twice, once at a preliminary inquiry and once at trial. For example, this measure would eliminate the need for a vulnerable witness in a sexual assault or child sexual assault trial from having to testify twice.
I am confident these reforms would not reduce trial fairness, that prosecutors would continue to take their disclosure obligations seriously, that our courts would continue to uphold the right to make full answer and defence, and that there would remain flexibility in existing processes, such as out-of-court discoveries, that have been implemented in some provinces already—for example, in Quebec and Ontario.
I will now turn to the fifth major area of reform proposed in Bill , which is the reclassification of offences. The Criminal Code classifies offences as summary conviction, indictable, or hybrid. Hybrid offences may proceed as either a summary conviction or as an indictable offence. That choice is made by the prosecutor after considering the facts and circumstances of the case. The bill would hybridize 136 indictable offences and standardize the default maximum penalty for summary conviction offences in the Criminal Code to two years less a day.
These proposals would neither interfere with the court's ability to impose proportionate sentences nor change the existing maximum penalties for indictable offences. What Bill proposes is to provide more flexibility to prosecutors to proceed summarily in provincial court for less serious cases. This would allow for matters to proceed more quickly and for superior courts to focus on the most serious matters, resulting in an overall boost in efficiency in the system.
Let me clear: this reform is in no way intended to send a message that offences being hybridized are less serious or should be subjected to lower sentences. Rather, it is about granting greater discretion to our prosecutors to choose the most efficient and appropriate procedure, having regard to the unique circumstances before them. Serious offences would continue to be treated seriously and milder offences would take up less court time, while still carrying the gravity of a criminal charge.
A sixth area of proposed reforms in Bill is with respect to jury selection.
Discrimination in the selection of juries has been well documented for many years. Concerns about discrimination in peremptory challenges and its impact on indigenous peoples being represented on juries was raised back in 1991 by Senator Murray Sinclair, then a judge, in the Manitoba aboriginal justice inquiry report. That report, now over 25 years old, explicitly called for the repeal of peremptory challenges. More recently, retired Supreme Court Justice Frank Iacobucci addressed these issues in his 2013 report on first nations representation on Ontario juries.
Reforms in this area are long overdue. Peremptory challenges give the accused and the crown the ability to exclude jurors without providing a reason. In practice, this can and has led to their use in a discriminatory manner to ensure a jury of a particular composition. This bill proposes that Canada join countries like England, Scotland, and Northern Ireland in abolishing them.
To bring more fairness and transparency to the process, the legislation would also empower a judge to decide whether to exclude jurors challenged for cause by either the defence or prosecution. The legislation will strengthen the power of judges to stand aside some jurors in order to make room for a more diverse jury that will in turn promote confidence in the administration of justice. Courts are already familiar with the concept of exercising their powers for this purpose.
I am confident that the reforms will make the jury selection process more transparent, promote fairness and impartiality, improve the overall efficiency of our jury trials, and foster public confidence in the criminal justice system.
The seventh area of reforms will strengthen judicial case management. As the Supreme Court of Canada noted in its 2017 decision in Cody, judges are uniquely positioned to encourage and foster culture change. I completely agree. Judges are already engaged in managing cases and ensuring that they proceed promptly and fairly through the existing authorities in the Criminal Code, as well as provincial court rules. These reforms would bolster these powers—for instance, by allowing case management judges to be appointed at the earliest point in the proceeding.
In addition to the major reforms I have noted thus far, Bill will make technical amendments to further support efficiencies, such as by facilitating remote technology and consolidating and clarifying the Attorney General of Canada's power to prosecute.
Finally, the bill will make better use of limited parliamentary time by including three justice bills currently before Parliament: Bill , Bill , and Bill .
In closing, Bill proposes meaningful reforms that will speed up criminal court proceedings and improve the safety of our communities while also taking steps to address the overrepresentation of indigenous peoples and marginalized Canadians in the criminal justice system.
Our criminal justice system must be fair, equitable, and just. Victims, families, accused, and all participants in the justice system deserve no less. I urge all members of this House to support this important piece of legislation.
:
Madam Speaker, I rise today in the House to address some grave concerns that the Conservatives have with regard to Bill , an act to amend the Criminal Code, the Youth Criminal Justice Act and other acts and to make consequential amendments to other acts.
However, we agree with at least one of the sections of bill, the intimate partner violence reforms. I liked the idea of reversing the onus on someone looking for bail if they have already been convicted of assaulting their spouse. The reverse onus on bail, I think, is a good idea.
I like the idea that we are looking into the possibility of restricting the number of preliminary hearings, but we have serious reservations about other things. Again, this is with respect to the intention of the government to reduce penalties by adding summary conviction as a prosecutorial option, which can result in a penalty as minor as a fine.
Let me be clear. These offences are for some very serious crimes, and currently they are listed as indictable offences with a maximum penalty of up to 10 years. I will touch on some of these offences today to make Canadians aware of the massive changes the government is planning to implement and how adversely these changes will impact the health and welfare of all Canadians.
Some of the offences included, but not limited to, are participation in the activity of a terrorist group, leaving Canada to participate in the activity of a terrorist group, punishment of a rioter, concealment of identity, breach of trust, municipal corruption, selling or purchasing office, influencing or negotiating appointments or dealing in offices, prison breach, assisting prisoners of war to escape, obstructing or violence to or arrest of officiating clergyman, causing bodily harm by criminal negligence, impaired driving causing bodily harm, failure or refusal to provide blood samples, trafficking, withholding or destroying documents, abduction of a person under the age of 16 as well as abduction of a person under the age of 14, forced marriage, marriage under 16 years of age, advocating genocide, arson for fraudulent purposes, and participation in the activities of a criminal organization.
Just reading this list is mind-boggling. Offering a judge of the courts the option of lighter sentences or even fines will inevitably result in lenient sentences for some very dangerous crimes.
The Liberals say they have introduced this legislation as their response to the crisis in the judicial system, which they, in large part, have created by not appointing the necessary number of judges to the bench. I should know. In my six and a half years as justice minister, not once did I ever encounter a shortage of qualified candidates to fill vacant positions on the bench anywhere, and in Alberta in particular. At the beginning of this month, there were 11 vacancies on the Queen's Bench and three on the Court of Appeal. What is the problem? There are qualified people in the Province of Alberta who can and should be appointed to the bench. Now, they have started to get some in May, but this is something that has to be ongoing all the time.
Getting back to the bill, Canadians know that watering down some very serious criminal offences by offering the prosecutorial option of summary offence is not an adequate deterrent, and that the perpetrators of major felonies will not have paid the full price for their offence.
Another Canadian who knows only too well the harm this proposed legislation could cause is Sheri Arsenault, Alberta director of Families For Justice. Sheri lost her son to an impaired driver in 2011. Last fall, she testified before the justice committee with a heart-wrenching account of how her son's life was cut all too short after he and two other friends were struck and killed by an impaired driver. The three boys had just graduated from high school and, of course, had a very promising life in front of them.
In a recent letter to the government she wrote in part the following:
As a victim, a mother that lost my 18 year old son, I have since been working very hard in advocating for all victims of serious offences. All my work seems to have fallen on deaf ears and is all in vain when I thoroughly read the contents of Bill C-75. I cannot understand why our current Government does not consider impaired driving a serious crime when it is the #1 cause of criminal deaths in Canada. It is also the cause of an enormous number of injuries and devastates thousands of families every year.
The public safety of all Canadians should be a priority for all levels of Government regardless of their political stripe or ideology. The safety of all Canadians should be your priority and all Canadians should expect a punishment that is fitting to the seriousness of certain crimes to not only to deter others from committing the same crime but to also deter offenders from recommitting and some sense of justice to the victims and our communities. Summary convictions neither deter nor hold offenders accountable, they also re-victimize the victims again. Victims are being ignored in this Bill. Our justice system should be strengthened rather than weakened and the “rights” of victims and communities should have precedence over the treatment of offenders and criminals.
That is the letter that she wrote to the government with her analysis of Bill , and she has it right.
I am quite sure that we are going to hear from people who have been gravely concerned about impaired driving and all the consequences of that. I am going to welcome them. I hope they come before the justice committee and let the government know how they feel about this. The statement by that victim could not have been put more succinctly.
Bill in its present form would not protect Canadians. It would put them at greater risk, as dangerous offenders can be set free without rehabilitation and without having paid the full price for their offence.
Ms. Arsenault made the point that lenient sentences often lead to re-offences being committed, with terrible consequences. She cited for instance the tragic impaired driving case from 2010 that illustrates this point very well.
Surrey resident Allan Simpson Wood was driving at nearly twice the speed limit when he crashed head-on into Bryan McCron's car on Colebrook Road in Surrey in July of 2010, killing Mr. McCron and injuring his 17-year-old son Connor. He then assaulted the teenage boy who was calling 911 in an attempt to save his dying father. Mr. Wood previously had an impaired driving charge in 2002.
If Bill is allowed to become legislation in its present form, more tragedies such as this will occur, as the possible sentence under Bill C-75 will not serve, in my opinion, and I am sure in the opinion of many Canadians and all of my colleagues here, as an adequate deterrent to the crime.
Future stories like this need not be the case if the Liberal government would listen to reason and not go forward with the reckless clauses in this legislation.
Another issue with regards to impaired driving is that as of last fall, there were only 800 trained drug recognition experts across the nation. With the onset of marijuana being legalized in Canada, police services from across Canada anticipate a spike in the number of impaired driving charges. Indeed, just last fall, the justice committee heard that we would need 2,000 trained drug recognition experts. Ontario police sounded the alarm bell last week, stating that the lack of funding for the impaired marijuana legislation is worrying. It is evident that the government has not been giving this serious issue proper consideration. T
There are so many troubling offences that Bill would deem as a possible summary infraction, it is difficult to know exactly which ones to highlight.
Breach of prison is one of such infractions and brings to mind the case of Benjamin Hudon-Barbeau, a former Hell's Angel associate convicted of two murders, two attempted murders, and a series of crimes in 2012 related to a drug turf war in the Laurentians. He once escaped from a Quebec prison in a helicopter and is currently serving 35 years.
However, under Bill , not only would this present breach be a possible summary conviction, but so would his involvement in a criminal organization. He has been labelled as a dangerous offender, but had he committed these crimes under this new legislation, the sentence could be much shorter. The thought that these are not serious enough to be taken and prosecuted as indictable offences is completely unacceptable. A fine is not appropriate for this. It is not appropriate for these types of offences.
It is unconscionable for us to think that the government could put the health and safety of Canadians at risk for a quick fix to a problem that it has helped create.
The justice committee recently travelled across Canada, studying the horrific effects of human trafficking. Material benefit from trafficking is another terrible crime. Should Bill pass in its present form, it would include the trafficking of persons in Canada for material benefit, making it a possible summary conviction. Imagine someone being in the business of making money trafficking human beings, knowing he or she might get off with a fine. People in the business of making money in this would happily hand over $1,000.
The Liberals have also slipped in getting rid of consecutive sentences for human trafficking. The idea that a crime does not get worse if someone is continuously trafficking human beings is completely unconscionable. I truly believe Canadians agree with us in the Conservative Party that it is absolutely wrong.
As I have stated before in the House, thousands of Canadian children are being trafficked between the ages of nine and 14. Although, unfortunately, many of these crimes go unreported, non-governmental organizations inform us that this is taking place. Our most precious resource, our children, are being violated, and at an alarming rate. This abhorrent form of modern-day slavery is very real and knows no social or economic boundaries.
As I mentioned previously, the target age now for the sex industry is getting younger. As the demand for paid sex increases, supply increases, and our children and the vulnerable are even greater targets for sexual consumption.
During the justice committee hearings on human trafficking, we heard from former human trafficker Donald. He testified that if the government were to be lenient on the sentencing of convicted human traffickers, it would be like a carte blanche for traffickers to expand this despicable industry and further harm Canadian children.
Our former colleague and member of Parliament, Joy Smith, testified that 23,000 children were trafficked in our country every year, with many of them ending up dead. This is a grievous epidemic and the government is not helping at all when it offers more lenient sentences for those who make money off of these despicable crimes. The duty of lawmakers is to protect the vulnerable, not make it easier for them to be targeted. It is our moral obligation. The government is failing the citizens of Canada by not keeping the present safeguards in place in the Criminal Code and by lessening the protection of our children.
Clearly, the government has not thought this thoroughly through. By offering the option of lenient sentences, it is encouraging the exploitation of our children. How can it rationalize light sentences for some of the most appalling crimes? Human trafficking is not, and should never, be considered a minor offence. The hybridization of these serious offences is simply an ill-thought-out idea and it is unfathomable that the government does not see the damage that the passage of Bill could do to the welfare and security of all Canadians.
Clearing up the backlog in the criminal justice system should never done at the expense of victims. Nor should it compromise the safety and well-being of our children. I will reiterate that this is a crisis that the Liberals have helped create.
On the eve of the Easter long weekend, the Liberals introduced this 302-page omnibus legislation. I bet they hoped Canadians and the public would not take the time to read it in its entirety, but that was a mistake. Canadians across the country are hearing about this and voicing their concerns about the legislation. I recently did a Facebook video on this. Canadians need to be aware of the severe implications the legislation could have on families and their communities.
The Conservatives have always strongly believed that the rights of victims should be the central focus of our justice system, along with the protection of Canadians. This is why we introduced the Canadian Victims Bill of Rights while we were in government.
Among the four principal rights provided in the Canadian Victims Bill of Rights is the right for protection of victims of crime. I would argue that Bill in its present form does not provide protection of victims of crime. In fact, it would do the opposite. Instead of providing reassurance and the right to live in a society that is safe, secure, and stable, the bill could create a society that would be under the threat and harm of offenders who would not have had the opportunity, quite frankly, to be rehabilitated by serving a sentence that adequately would fit the crime they committed.
Another one of the many offences in the bill is that it encompasses participation in a terrorist group or leaving Canada to participate in terrorist activity. I have to ask this question. What is it about this that there should be a minor offence when a person is leaving Canada for the purposes of participating in terrorism? The Liberals read the papers too. Have they not noticed that this has become more and more of a problem in the world? Their idea to solve that is to make this a summary conviction offence, that these guys will get the message if they get a fine, that if they get a very small penalty, they will not to do this again.
I do not buy that. The price that Canadians could pay with this legislation is incalculable. I call upon the Liberal government to stop this and keep the current provisions of the Criminal Code that helps Canadians from being further re-victimized. Under Bill , this would not happen.
I ask all members to stand with me to ensure Canadians are and remain fully protected within the Criminal Code. We will not stand for a crime that gets off with the lightest of possible sentences. This bill is bad legislation.
Therefore, I move:
That the motion be amended by deleting all the words after “That” and substituting the following:
“the House decline to give second reading to 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, since the bill fails to support victims of crime by, among other things: (a) changing the victim surcharge; (b) removing the requirement of the Attorney General to determine whether to seek an adult sentence in certain circumstances; (c) removing 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 sentence; and (d) delaying consecutive sentencing for human traffickers.“
I hope this gets the support of all members of the House.
:
Madam Speaker, I am pleased to rise today and contribute to what has been a passionate debate. Who knew that criminal justice could be that? Like the colleagues who have spoken before me, we, on the NDP side, have done an enormous amount of consultation with folks from the criminal defence bar, university prosecutors, deputy attorneys general, and the like. Regrettably, as a consequence of that, we have had to conclude that we must oppose this bill.
However, I want to make it clear to my colleagues that our goal is to work with the government, take it at its word, and offer our hand to see whether we can make this a better bill in the justice committee. After all, it is over 300 pages. It is an omnibus criminal justice amendment. We want to work constructively to make it better for Canadians and get it to committee as quickly as possible for that purpose.
Obviously, in any criminal justice reform, there are two goals. The goal of efficiency is clearly the government's stated objective: making our courts more efficient, doing away with the backlog, and dealing with the consequences of the Jordan case, in which the Supreme Court confirmed that we need to have speedy justice in this country. Efficiency is the government's stated objective, and I will come back to that. At the same time, we can never, of course, lose sight of the rights of the accused in our justice system.
With the research and consultation we have done, I want to say at the outset that we recognize there are some good things in this bill, which I will refer to, but there are also some deeply problematic things, which, in some cases, everyone we spoke to thought to be problematic. It is in that spirit that we engage in this debate.
For example, Ms. Sayeh Hassan, a Toronto-based criminal defence lawyer, summarized what many have told us when she wrote:
While there are parts of Bill C-75 that have the potential for improving the criminal justice system, many other parts will not only be unhelpful when it comes to reducing delay but will also wipe out numerous rights currently afforded to an accused person.
The big, ugly elephant in the room is the fact that the government chose to completely ignore what so many people have talked about, which is the need to get rid of mandatory minimum sentencing. That was a hope that people had the right to expect the minister to address. After all, justice writer Sean Fine of The Globe and Mail notes:
As far back as October, 2016, the Justice Minister told the Criminal Lawyers' Association in a speech that she would change the minimum sentencing laws “in the near future.” Days later, she told The Globe that new legislation would be coming soon, “certainly in the early part of next year.”
It is now 2018, and here is a 300-page bill that does not even talk about that reform initiative, which would have dealt with the issue of delay in a much more effective way. I also note that it was in her mandate letter and was ignored in this 300-page bill. Although I have enormous respect for the minister, it needs to be pointed out that the absence of reform of mandatory minimum sentencing is a significant missed opportunity.
We all know we have a clogged-up justice system and so forth. As has been pointed out, we all know the serious injustices that have occurred. Just last month in Calgary, there was a high-profile case involving Nick Chan, an alleged gang member and leader, who was acquitted of charges of murder, conspiracy to commit murder, and leading a criminal organization. Why? Because of the inability to have a court trial resolved in a short period of time, according to the 2016 Jordan decision. All Canadians find that unacceptable.
The question that must be asked is whether this bill helps address that problem head-on. The argument from many is that it remains a serious problem. For example, in its position paper, the Criminal Lawyers' Association states:
Mandatory minimum sentences frustrate the process of resolving cases by limiting the crown’s discretion to offer a penalty that will limit the crown's ability to take a position that will foster resolution before trial.
Here is what happens. Defence lawyers have this mandatory minimum sentence, so they are not going to take a chance on the court's discretion, because the Harper Conservatives essentially took away the discretion that our trial judges had. The result is that we have people going to trial who, in the past, would not have chosen a trial; they would have pleaded to a lower charge. It is inexcusable that this issue did not even get addressed in this bill.
Another thing, which my colleague from has spoken about numerous times, is that we have a crisis in Canada with the overrepresentation of indigenous women, in particular. My colleague has done that work as a member of the status of women committee. During testimony at that committee, Jonathan Rudin, of Aboriginal Legal Services, highlighted the government's inaction with regard to abolishing mandatory minimum sentencing and its effect on indigenous women. He said:
[W]e have to look at the fact that there are still mandatory minimum sentences that take away from judges the ability to sentence indigenous women the way [the judges] would like [them] to be sentenced. There are still provisions that restrict judges from using conditional sentences, which can keep women out of prison.
The first thing that he urged the committee to recommend was to bring in legislation to give judges that discretion, which the Liberals promised to do. The elephant in the room is that they did no such thing. In 2015, and it is probably worse now, the proportion of indigenous adults in custody relative to their percentage of the population was eight times higher for indigenous men and 12 times higher for indigenous women. Any measure that could address that problem head-on has to be looked at seriously, and the government's failure to address what the mandate letter by the told it to is a serious missed opportunity.
I promised I would focus on some of the positives in this bill, from the perspective of the NDP.
First, the elimination of so-called zombie provisions of the Criminal Code is a good thing. For example, the criminalization that has existed for anal intercourse could have been removed long ago, so we are pleased that finally the government has done it. I wish it had done that with other zombie provisions, such as water skiing at night, which remains an offence in the Criminal Code. Maybe the government will look at that one later.
Second, it is a good thing that the bill would restore the discretion of judges to impose fewer victim fine surcharges or not to impose victim fine surcharges at all. I commend the government for doing that. As I believe my Conservative colleague has also pointed out, broadening the definition of intimate partner violence is also a good step. Creating an alternate process for dealing with some of the alleged breaches of bail is another good step. Codifying the so-called ladder principle, requiring that the least onerous form of release be imposed, is a good thing.
I personally think that abolishing peremptory challenges is a good thing. Although I recognize there is disagreement among many on that, I think it is a good thing. I want to put that on the record.
On the other hand, here are some of the negative things.
Absolutely every single person we talked to said that the provision on admissibility of so-called routine police evidence is overly broad and could be problematic to marginalized people in particular. Everyone agreed that routine police evidence language has to be fixed. Many people were happy that the time of day when the offence occurred, the weather, or routine lab results would be made available. However, the way it is drafted, it could even include the ability of the crown to not have a police officer come and provide eyewitness testimony. I do not think this was intended by the government, but it is an example of what appears to be a hastily drafted bill that needs to be fixed. The irony is that most judges are going to allow cross-examination of police officers, so Sergeant Brown will have to be brought back at some later time, with more delay as a result. That is surely unintended. It is surely something we can work together to fix.
Professor Peter Sankoff of the University of Alberta went so far as to call this measure extremely dangerous and ineffective. It is not just we who are saying this.
We have heard a lot about hybrid offences today. I am sure the government would agree that there seems to be a need to change the hybridization offences aspect. As colleagues have pointed out, the downloading to provincial courts of many offences is only going to move the problem of clogged courts at the superior court level to the provincial courts because more cases will be dealt with as summary conviction matters. I wonder if the consultation with the provincial and territorial ministers has made that point clear. The provincial court in British Columbia already hears 95% of all criminal matters. I am sure it is not that much different elsewhere, so I would invite the government to consider how we can work together to address that problem of obvious downloading.
Another area of concern, perhaps a sleeper, is that the government intends to increase the maximum penalties for summary convictions. In practical terms, what that means is that agents like law students and paralegals, who are currently able to represent people accused of an offence with a maximum penalty of six months or less, will not be able to do so for a whole range of offences if these changes go forward. It is an unintended consequence, but it certainly has to be addressed, because we not only have a problem already with unrepresented people in the provincial courts and judges bending over backwards, appropriately, to help those people who cannot afford or obtain the services of a lawyer, but now they will also not be able to get paralegals or law students to represent them in some cases. That again is something that I would have thought the government did not want to occur, but it appears to be something that would occur.
Lastly, I want to acknowledge that increased funding was provided for legal aid in budget 2018. I think that is something everyone agrees was long overdue. I commend the government for doing it. However, in the province of British Columbia, as we saw in yesterday's Vancouver Sun, it is simply too little, too late. It is a gigantic increase compared to the past, but now, according to Mark Benton, the CEO of the Legal Services Society, “Many lawyers providing services to the poor are doing it at a loss—the tariffs too low for most to earn a living, and so low that LSS is having trouble attracting and retaining lawyers.” We have got to deal with that.
I talked earlier about the preliminary inquiry issue with my friend from Niagara Falls and I understand that there is a difference of opinion on this issue. However, the facts are that these proposed changes would only save about 3% of court time. While the government proudly said the legislation will reduce the use by 87%, which sounds great, it did not tell us that it is not going to save a lot of time. Then why do it? Why do it when there is a risk, according to the chair of the Canadian Council of Criminal Defence Lawyers, Bill Trudell, that there will be more wrongful convictions? Why would we take away a right? The government says we have the Stinchcombe disclosure and it is a different world from when we started with preliminary inquires, but what is the risk-benefit equation here? We are saving 3% of court time and we are causing perhaps a wrongful conviction. I do not think that lines up. It is overbroad. Therefore, I think it is something we need to worry about.
I commented on intimate partner violence and bail; in the interest of time, I will not say any more.
There is a concern about the impact of this bill on those who have suffered the legacy of residential schools and the like, such as in the sixties scoop. For example, the Criminal Lawyers' Association said as follows:
Sadly, intimate partner violence is one of the recognized legacies of residential schools and the 60s scoop. Creating a reverse onus at the bail stage and increasing the sentence on conviction will likely aggravate the crisis of the over-representation of indigenous people in our prisons.
A similar concern was echoed by Professor Elizabeth Sheehy, as well as Professor Isabel Grant, so I think we need to get our hands around this issue and figure out whether we can find another way, despite the fact that I believe it was well intentioned.
In conclusion, what I want to point out now are some of the things we think could be used to address some of these problems.
First, the government claims it has made judicial appointments, which we heard the Conservatives say as well, but there still appears to be a problem with judicial vacancies. I am not saying that is a singular solution, but it needs to be addressed as part of a comprehensive solution.
Second, as I have said, we wish the government would reconsider the failure to review mandatory minimum sentences.
Third, the NDP believes that decriminalizing small amounts of drugs in this opioid crisis that we are experiencing would definitely have an impact on the clogged courts that we face. Who are the people in our provincial courts often unrepresented? Disproportionately, they are people with mental health challenges, people with addictions, people who are poor and simply cannot afford a lawyer, and legal aid does not have the ability to look after them. That is what is clogging up the system.
If we look at it from that end of the telescope, we would make truly important reform efforts. Jagmeet Singh has made a bold statement that decriminalizing small quantities of drugs is something we need to give serious thought to as part of the solution to our clogged-up courts. Not criminalizing these issues, but treating them as mental health issues and health issues generally is the way to go. We have to find a better way.
In Vancouver and Victoria we have drug courts and some creative ways to address this problem, but they have not been adequate. We still have serious problems.
By criminalizing people, we give them criminal records. What does having a criminal record mean? It means people cannot get a job in many cases. Are we thinking about that? It is really important.
I have talked in the House many times about the injustice of thousands of Canadians having criminal records for possession of small quantities of cannabis. There are still people who are unable to find a job because they are still being charged under the current law, which is about to change. I commend the member of Parliament for for his intention to implement a bill that would see these records expunged. I do not think that goes far enough, but I will certainly join with him in that initiative.
Finally, we would offer greater social supports. They are at the core of this issue. We need greate