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View Bruce Stanton Profile
CPC (ON)
View Bruce Stanton Profile
2019-06-21 14:21 [p.29473]
I have the honour to inform the House that a message has been received from the Senate informing this House that the Senate has passed the following bills: C-48, An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia's north coast; C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts; 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; C-83, An Act to amend the Corrections and Conditional Release Act and another Act; C-91, An Act respecting Indigenous languages; C-92, An Act respecting First Nations, Inuit and Métis children, youth and families; C-97, An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2019 and other measures; C-101, An Act to amend the Customs Tariff and the Canadian International Trade Tribunal Act; C-102, An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2020.
View Bruce Stanton Profile
CPC (ON)
View Bruce Stanton Profile
2019-06-21 14:54 [p.29473]
I have the honour to inform the House that when this House did attend Her Excellency this day in the Senate chamber, Her Excellency the Governor General was pleased to give, in Her Majesty's name, the royal assent to the following bills:
C-71, An Act to amend certain Acts and Regulations in relation to firearms—Chapter 9.
C-81, An Act to ensure a barrier-free Canada—Chapter 10.
S-203, An Act to amend the Criminal Code and other Acts (ending the captivity of whales and dolphins)—Chapter 11.
C-82, An Act to implement a multilateral convention to implement tax treaty related measures to prevent base erosion and profit shifting—Chapter 12.
C-59, An Act respecting national security matters—Chapter 13.
C-68, An Act to amend the Fisheries Act and other Acts in consequence—Chapter 14.
C-77, An Act to amend the National Defence Act and to make related and consequential amendments to other Acts—Chapter 15.
C-78, An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act—Chapter 16.
C-84, An Act to amend the Criminal Code (bestiality and animal fighting)—Chapter 17.
C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts—Chapter 18.
C-88, An Act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other Acts—Chapter 19.
C-93, An Act to provide no-cost, expedited record suspensions for simple possession of cannabis—Chapter 20.
C-102, An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2020—Chapter 21.
C-101, An Act to amend the Customs Tariff and the Canadian International Trade Tribunal Act—Chapter 22.
C-91, An Act respecting Indigenous languages—Chapter 23.
C-92, An Act respecting First Nations, Inuit and Métis children, youth and families—Chapter 24.
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—Chapter 25.
C-48, An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia's north coast—Chapter 26.
C-83, An Act to amend the Corrections and Conditional Release Act and another Act—Chapter 27.
C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts—Chapter 28.
C-97, An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2019 and other measures—Chapter 29.
It being 2:55 p.m., the House stands adjourned until Monday, September 16, 2019, at 11 a.m., pursuant to Standing Orders 28(2) and 24(1).
(The House adjourned at 2:55 p.m.)
The 42nd Parliament was dissolved by Royal Proclamation on September 11, 2019.
Aboriginal languagesAboriginal peoplesAccess for disabled peopleAccess to informationAdjournmentAgriculture, environment and natural res ...British ColumbiaBudget 2019 (March 19, 2019)C-101, An Act to amend the Customs Tarif ...C-102, An Act for granting to Her Majest ...C-48, An Act respecting the regulation o ...
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View Karen McCrimmon Profile
Lib. (ON)
View Karen McCrimmon Profile
2019-06-19 21:47 [p.29444]
Mr. Speaker, Bill C-83 has two main objectives.
First of all, it would allow federal inmates to be separated from the general prison population when necessary for security reasons. Second, it will ensure that inmates have access to the interventions, programs and mental health care they need to safely return to the general prison population and make progress toward successful rehabilitation and reintegration.
The bill would achieve these objectives by replacing the current system of administrative segregation with structured intervention units. In SIUs, inmates would be entitled to twice as much time out of their cells, four hours daily instead of two, and two hours of meaningful human contact every day.
We have allocated $448 million over six years to ensure that the Correctional Service has the resources to provide programs and interventions to inmates in SIUs and to implement this new system safely and effectively. That funding includes $150 million for mental health care, both in SIUs and throughout the federal correction system.
Bill C-83 was introduced last October. It was studied by the public safety committee in November and reported back to the House in December with a number of amendments. There were further amendments at report stage, in February, including one from the member for Oakville North—Burlington that added a system for binding external review.
In recent months, hon. senators have been studying the bill, and they have now sent it back to us with proposed amendments of their own. The high level of interest in Bill C-83 is indicative of the importance of the federal corrections system and of the laws and policies that govern it. Effective and humane corrections are essential to public safety, and they are a statement of who we are as a country. In the words of Dostoyevsky, “the degree of civilization in a society is revealed by entering its prisons.”
I extend my sincere thanks to all the intervenors who provided testimony and written briefs over the course of the last nine months and to parliamentarians in both chambers who examined this legislation and made thoughtful and constructive suggestions.
Since the Senate social affairs committee completed clause-by-clause consideration of the bill a couple of weeks ago, the government has been carefully studying the committee's recommendations, all of which seek to achieve laudable objectives. We are proposing to accept several of the Senate's amendments as is or with small technical modifications.
First, with respect to minor adjustments, we agree with amendments that would require a mental health assessment of all inmates within 30 days of admission into federal custody and within 24 hours of being transferred to an SIU. This fits with the focus on early diagnosis and treatment that will be facilitated by the major investments we are making in mental health care.
We agree with the proposal to rearrange section 29 of the act, which deals with inmate transfers, to emphasize the possibility of transfers to external hospitals. The Correctional Service runs five certified psychiatric hospitals of its own and will now have significant new resources for mental health care. Even so, there may be cases when a transfer to an external facility is appropriate. If the transfer can be done safely, if the hospital has the capacity and if it is in the best interest of the patient, then it should be done. In fact, that is why we allocated funds in budget 2018 for more external mental health beds.
We also agree with an amendment regarding the initial review of SIU transfers. The bill would require a review by the warden in the first five days. This amendment clarifies that the clock on those five days would start ticking as soon as the transfer decision was made, as opposed to the moment the inmate physically arrived in the SIU.
With minor changes, we agree with two amendments to the section of the bill that would require consideration of systemic and background factors in decisions involving indigenous offenders. One of them would provide greater precision by specifying that a person's family and adoption history should be included in the analysis. The other would clarify that these factors may be used to lower the assessment of an inmate's risk level, but not to raise it.
These provisions in themselves would obviously not be enough to solve the problem of indigenous overrepresentation in the corrections system. The upstream socio-economic factors that result in higher rates of indigenous people involved with the criminal justice system must generally be addressed in concert with other departments and agencies, and efforts to that effect are indeed under way. The Correctional Service is charged with ensuring that indigenous people in its custody get a genuine opportunity to turn their lives around, and these amendments should help advance that objective.
There are two other amendments on which we agree with the intent, and we are essentially proposing to meet the Senate halfway.
The first is an amendment that seeks to add certain elements to section 4 of the act, which establishes guiding principles for the Correctional Service. In particular, it puts a focus on alternatives to incarceration, and we agree that those alternatives should be consistently considered and used wherever appropriate.
We are, however, suggesting a few changes to the language drafted in the Senate. For example, the amendment lists sections 29, 81 and 84 of the act as alternatives to incarceration. Section 29 refers to hospital transfers, and section 81 refers to healing lodges, so their inclusion here makes sense. However, section 84 is about community-supported release following incarceration. It is not an alternative; it is the next step, so we are proposing to remove it from this list.
The amendment would also require that preference be given to alternatives to incarceration. Frankly, that is very problematic. Alternatives to incarceration should be used where appropriate, but there are situations when putting someone in prison is a valid and necessary approach. Alternatives should be considered, but not necessarily preferred.
Also, for clarity sake, we are proposing to remove or replace certain terms that do not have established legal meanings, such as “carceral isolations” or “incarcerated persons” or “a broad interpretation informed by human rights”. Certainly, everything government agencies do should be informed by human rights principles, but to be enforceable and actionable, legal terms need to have clear and precise definitions. If we asked everyone in this House to explain what it means to interpret legislation broadly and in a manner informed by human rights, we would probably get 338 different responses.
View Bardish Chagger Profile
Lib. (ON)
View Bardish Chagger Profile
2019-06-19 21:56 [p.29445]
Mr. Speaker, there have been discussions among the parties, and I think if you seek it, you will find unanimous consent for the following motion.
I move:
That, notwithstanding any Standing or Special Order or usual practice of the House:
(a) the motion respecting the Senate Amendments to Bill C-91, An Act respecting Indigenous Languages, be deemed adopted;
(b) the motion respecting the Senate Amendments to Bill C-92, An Act respecting First Nations, Inuit and Métis children, youth and families, be deemed adopted;
(c) Bill C-98, An Act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act and to make consequential amendments to other Acts, be deemed to have been concurred in at the report stage, and deemed read a third time and passed;
(d) Bill C-101, An Act to amend the Customs Tariff and the Canadian International Trade Tribunal Act, be deemed to have been concurred in at the report stage, and deemed read a third time and passed on division; and
(e) when the House adjourns on Thursday, June 20, 2019, it shall stand adjourned until Monday, September 16, 2019, provided that, for the purposes of any Standing Order, it shall be deemed to have been adjourned pursuant to Standing Order 28 and be deemed to have sat on Friday, June 21, 2019.
View Karen McCrimmon Profile
Lib. (ON)
View Karen McCrimmon Profile
2019-06-19 21:58 [p.29446]
Mr. Speaker, that is why we are proposing to remove these terms. Even so, of course, the Charter of Rights and Freedoms will continue to apply to everything the Correctional Service does.
The other amendment that we are proposing to partially retain has to do with strip searches. The Senate is proposing to prohibit any strip searches conducted as a matter of routine and we wholeheartedly endorse that objective. It would not be pleasant for any of us to be strip-searched.
People in prison have often experienced trauma, including sexual abuse. Strip searches can cause them to relive that trauma and can even deter people from participating in programs like work release if they know they will be strip-searched on their way out or on their way back in. The Correctional Service should do everything possible to minimize strip searches.
That is why Bill C-83 would allow for the use of body scanners similar to what exists in airports as recommended by the United Nations. Rather than a blanket prohibition though, the government is proposing that the law require that Correctional Service use a body scanner instead of a strip search whenever one is available. That accounts for the fact that it will take some time for body scanners to be installed in every institution and it recognizes that sometimes machines break down. In those situations, correctional staff still need to be confident that inmates are not smuggling drugs, weapons or other contraband. That is important not only for staff safety but for the safety of other inmates as well. As body scanners become more available in federal institutions, strip searches should become increasingly rare.
I will now turn to the proposals from the Senate with which we respectfully disagree.
To begin with, there are two relatively similar ones that would take existing concepts used for indigenous corrections and expand them to other unspecified groups. This would apply to section 81 of the act, which allows for community-run healing lodges and section 84, which allows for community-supported release. Both of these concepts have proven valuable and successful in an indigenous context and the idea of expanding them is indeed worthy of serious consideration.
Certainly, there are other overrepresented groups in federal custody, particularly Canadians of African descent. Our government is wholly in favour of examining whether strategies that have worked for indigenous corrections can be successfully applied in other contexts and with other communities. We are opposing this amendment not because we disagree with the principle but because the serious consideration and examination I mentioned has not happened yet.
Before moving forward with something like this, there should be extensive consultations to determine which groups would be interested. Where does the capacity exist? And how the experience of the relatively few indigenous communities and organizations that run section 81 facilities is or is not applicable more broadly.
It would be a major policy change and potentially a positive one, but the study and analysis should come before we change the law, not after.
We also respectfully disagree with an amendment that would require the Correctional Service to approve the transfer to a provincial hospital of any inmate with a disabling mental health issue. As I mentioned earlier, in the 2018 budget, our government increased funding for external mental health beds. The use of provincial hospitals may be appropriate in some circumstances. The fact is, though, that it can be very difficult to find provincial hospitals willing and able to house and treat federal inmates. If we want to change the law without the aim of bringing about the transfer of a significant number of people from federal correctional institutions to provincial hospitals, it is imperative that we consult the provinces first.
It is also important for the sake of preserving the clinical independence of the health care providers who work in corrections that the law not pre-empt their professional judgment. The law already allows for these kinds of transfers where possible and appropriate and where recommended by medical professionals. At the same time, we are dramatically bolstering mental health resources within the federal correctional service so that inmates receive high-quality mental health care wherever they serve their sentence. We are also proposing not to accept an amendment that would allow sentences to be shortened on application to a court, due to acts or omissions by correctional personnel deemed to constitute unfairness in the administration of a sentence.
Once again, the goal of deterring improper conduct by correctional staff is commendable. There are a great many people working in federal corrections who are committed professionals doing excellent work. Anything less should be deterred, denounced and the persons potentially disciplined or dismissed. Inmates who are negatively impacted by inappropriate conduct on the part of correctional staff already have recourse, in the form of grievances or lawsuits, for example. The idea of retroactively shortening court-imposed sentences in these circumstances would be a major policy change. Before enacting this kind of provision, there should be consultations with stakeholders, including victims groups as well as provincial partners and other actors in the justice system. Parliamentarians in both chambers should have the opportunity to study it at length. It is not something that should be tacked on at the end of a legislative process that did not contemplate this kind of approach.
We also respectfully disagree with the recommendation to have the new system reviewed by parliamentary committees after two years rather than five. This House added a five-year review to the bill, and that is a reasonable time frame. It gives the new system time to get off the ground and be fully implemented and that will actually make Parliament's review more meaningful and impactful when it happens. In the interim, the minister will soon be appointing an advisory panel to monitor implementation of the SIUs as they roll out. That panel will be able to visit sites, meet with inmates and staff, provide feedback to the commissioner and sound the alarm if something is really not working out as it should. Of course, parliamentary committees do not need legislation to tell them what to study. Even without a legal requirement, if committees of this House or of the other place want to review the SIU system two years from now, they are perfectly free to do so.
Finally, the government respectfully disagrees with the proposal to institute judicial review of all SIU placements after 48 hours. Bill C-83 already has a strong system of binding external oversight.
Independent external decision-makers appointed by the minister will review any case where someone in an SIU has not received the minimum hours out of cell or minimum hours of meaningful human contact for five days in a row, or 15 days out of 30. They will also review cases where the Correctional Service is not following the advice of a health care professional to remove an inmate from an SIU or change their conditions. They will review all SIU placements at 90 days and every 60 days thereafter for any inmate still in the SIU at that point. That is in addition to regular and robust internal review at five, 30 and 60 days.
Simply put, judicial review of SIU placements is unnecessary. Colleagues do not have to take my word for it. At the public safety committee, the correctional investigator supported using the independent chairperson model to oversee SIUs. That is a model that uses ministerial appointees, not judges.
Plus, while no court has considered the new SIU system proposed by this bill, courts in Ontario and B.C. have rendered decisions about the kind of oversight they deem necessary for the current system of administrative segregation. In B.C., the court found that oversight of administrative segregation must be external to the Correctional Service but did not say that judicial review was required. In Ontario, the court actually found that internal review was preferable, saying, “The reviewing tribunal can have adequate independence without having all the attributes of a judge.”
Beyond being unnecessary, requiring judicial review of all SIU placements longer than 48 hours would have considerable impacts on provincial superior courts. There would need to be new judges appointed to handle the caseload. Those judges would be paid for out of federal funds and they would require support staff paid for by the provinces. There would also be changes required to the Judges Act, as well as to corresponding provincial legislation. In other words, accepting this amendment would mean imposing legislative and financial requirements on the provinces without so much as a phone call to check and see if they are on board.
If judicial review were the only way to ensure that this new system works properly and to provide the procedural safeguards required, then one could make an argument that all of these complications, making legislative amendments across the country, finding the money in federal and provincial coffers, and fast-tracking the appointment of a bunch of new judges would just have to somehow get done. However, judicial review is far from the only option. There must absolutely be robust oversight of the new system proposed by Bill C-83 and review by independent external decision-makers meets that need.
I thank all hon. senators for their efforts and their contributions. At this point, the bill truly is the product of the Parliament of Canada as a whole.
If the version we are sending back to the Senate receives royal assent, it will be a piece of legislation drafted by the government, amended by Liberal, Conservative, NDP and Green Party members, and amended by our colleagues in the Senate, as well.
For all of our frequent disagreements, this bill is a good example of the strength of the legislative process in our parliamentary democracy. Most importantly, it will significantly improve Canada's correctional system, enhancing the safety of the people who work and live in federal institutions and improving the system's effectiveness when it comes to rehabilitation and safe, successful reintegration.
I look forward to the passage and the implementation of Bill C-83.
View Pam Damoff Profile
Lib. (ON)
View Pam Damoff Profile
2019-06-19 23:27 [p.29457]
Mr. Speaker, Parliament has been studying Bill C-83 for the last nine months. Its essence and objective are the same now as they were when the bill was introduced: to provide a way to separate inmates from the general population in an institution when doing so is necessary for safety reasons, without cutting off those inmates from rehabilitative interventions, programs, mental health care and meaningful human contact.
The main feature of the bill is the replacement of administrative segregation with structured intervention units, or SIUs. In SIUs, inmates would get a minimum of four hours out of the cell every day, twice as much as they currently get in administrative segregation, and for the first time, there would be a legal entitlement to meaningful human contact of at least two hours every day.
In addition to these legislative changes, the government is investing $450 million so that the Correctional Service will be able to hire the staff necessary to provide programs, interventions and mental health care in SIUs and to do it all safely. This investment is critical to the success of the SIUs.
During my conversations with both the Union of Safety and Justice Employees and the Union of Canadian Correctional Officers, as well as during visits I made to corrections facilities in Edmonton and Saskatoon last year, something I heard loud and clear was that there was a need for meaningful investments in corrections to atone for 10 years of cuts by the previous Conservative government so that we can ensure the best rehabilitative outcomes for inmates, and just as importantly, ensure the safety of those who work in corrections.
My friend Stan Stapleton, the national president of the Union of Safety and Justice Employees, wrote an article in May 2019, and I would like to read from it now:
Correctional Service Canada's use of solitary confinement must change. The long-standng practice of managing difficult offenders by [the use of]...solitary confinement is totally unworkable. As Canada's courts have said, it is also profoundly inhumane. Men and women serving federal time are broken and desperate human beings in need of meaningful contact, not further isolation.
At the same time, federal prisons are fraught with danger. The pressure cooker environment and threats of violence lead some prisoners to seek time away from the general population for their own sanity and safety.
Other offenders with a strong propensity for violence and few coping skills simply cannot manage long periods with others without posing a real threat. In a system with few safety valves, administrative segregation (or solitary confinement) has tragically become one of the few.
The new legislation proposes significant changes to solitary. Bill C-83 definitely won't solve everything, but it's a worthy next step. It will mandate that Correctional Service Canada dedicate the appropriate human resources for sustained rehabilitative efforts. Until now, the opportunity for parole officers, program officers, and teachers to spend quality time with the highest needs offenders has been minimal, if existent.
It will render offenders separated from the general population a priority, instead of an after-thought, within Corrections. It will enforce better reporting and accountability mechanisms.
I believe the proposed segregation units will benefit from independent oversight outside of Corrections, as is proposed by the Bill. This is crucial. But to ensure that the Bill does what is intended, the Correctional Service needs to glean the ongoing wisdom of those on the front lines of rehabilitating offenders every day....
A commitment to keep all Canadians safe means serious investments in rehabilitating all offenders in federal prisons, 90 percent of whom will be released back into the community, ready or not. I am hopeful that Bill C-83 passes so that the real work can begin.
That is the end of the article.
I want to thank Stan for his years of service to corrections, for his assistance with my understanding of our corrections system and for providing all of us with the critical perspective of those working in corrections.
Let me return to Bill C-83. The amendments made at the public safety committee last fall addressed practical concerns raised by certain witnesses to help ensure that the new system would function as intended.
The committee heard from indigenous groups, including Dr. Allen Benson and the Native Women's Association of Canada, who called for changes to the definition of indigenous organizations to ensure that it properly captured the diverse range of indigenous groups and organizations working on these issues across Canada.
Following the discussion, the committee was able to unanimously approve an amendment that called for indigenous organizations to predominantly have indigenous leadership. We also heard about the need for CSC to seek advice, particularly in matters of mental health and behaviours, from indigenous spiritual leaders or elders. I was pleased that my amendment to that effect was adopted at committee.
The bill has changed in significant ways since it was first introduced. I am proud to work for a government that is amenable to feedback and was receptive to amendments, informed by witness testimony that we heard at the public safety committee, that make the bill even stronger.
At report stage, we made a major additional amendment, one that I am incredibly proud to have introduced, that creates a mechanism to provide binding, independent, external oversight of SIUs.
The Senate has sent the bill back to us with some additional proposals. I appreciate the intent of all of the Senate's proposals and I am glad the government is accepting several of them, in whole or in part.
Those that we are accepting include the following: mandatory mental health assessments for all inmates within 30 days of admission and within 24 hours of transfer to an SIU; adding precision to the section of the bill that requires the Correctional Service to consider systemic and background factors in decisions affecting indigenous inmates; establishing the consideration of alternatives to incarceration, where appropriate, as a guiding principle of the Correctional Service; and minimizing the use of strip searches.
Other proposals from the Senate are interesting ideas, but they really should be studied as stand-alone items rather than included as amendments to this bill. For example, the idea of expanding the use of measures developed for indigenous corrections to non-indigenous inmates might be valid. When I visited the Pê Sâkâstêw and Buffalo Sage healing lodges in Edmonton last year, I saw first-hand the incredible impact that the programming in these institutions was having on outcomes for inmates who are serving their sentences there.
At Buffalo Sage, I was honoured to take part in a circle with Elder Vicky and hearing from strong female offenders, women who have survived what life has thrown at them and are now on a healing journey, immersed in their culture and on the road to rehabilitation and reintegration. These were women who had escaped violent abusers and themselves ended up in prison, women whose lack of housing and poverty led them to the criminal justice system, and women who lost their children to the foster system. One individual at Buffalo Sage shared with me that for the first time since entering the correction system, at Buffalo Sage she felt that she was able to heal.
I also had the privilege of visiting Pê Sâkâstêw, a men's healing lodge, where I had a memorable meeting with a 39-year-old indigenous man who first came into the justice system at 12 as a young offender. After a life in and out of jail, a life that included abuse and addictions, he was serving a sentence for robbery and now was on a successful healing journey. He lives as a man in prison and a woman outside, and prefers the “he” pronoun. He had reconnected with his community for the first time in 20 years.
I have a lot more that I could say in support of healing lodges and their impact on correctional outcomes for indigenous offenders, but a lot of work would have to go into determining how the Senate's vision would be executed, including what aspects could be borrowed from indigenous programming, what elements would have to be redesigned, what kind of community support exists and where the funding would come from without diminishing from the services provided to the indigenous prison population, which we know is the fastest-growing prison population in Canada.
Another example from the Senate is a proposal designed to deter misconduct by correctional employees and to support inmates affected by it.
It is important to point out that the vast majority of correctional staff are trained professionals doing a very hard job with skill and dedication. They are individuals for whom I have the utmost respect, who work in a job that gets little in the way of accolades from Canadians. Whenever there is an issue with someone working in corrections, we must absolutely address those situations. However, in my opinion, the Senate's proposal of shortening inmates' sentences because of the conduct of correctional personnel is not the right approach.
The Senate has also proposed an amendment that would require the authorization of a provincial superior court for any SIU placement longer than 48 hours.
Once more, I understand and share the objective of ensuring that SIUs are properly used. Robust oversight will help see to it that SIUs will be a last resort, that placements in SIUs will be as short as possible, and that inmates in SIUs are receiving all the time out of cell and meaningful human contact to which the bill entitles them.
It is important to note that in the context of administrative segregation, the Ontario Superior Court of Justice has found that placements must be examined by the fifth working day by a reviewer who is “completely outside the circle of influence of the person whose decision is being reviewed” and ”able to substitute its decision for that of the person whose decision is being reviewed.” The court was explicit that the reviewer need not be external to the Correctional Service Canada and, in fact, recommending “an administrative review provided by the Correctional Service of Canada.” While this finding was specifically in relation to administrative segregation and not SIUs, Bill C-83 would create a review process for SIUs consistent with what the court required for administrative segregation.
Under Bill C-83, SIU placements will be reviewed by the fifth working day by the institutional head who does not report to the initial decision-maker and who has the authority to overturn the initial decision. Importantly, whether in the context of administrative segregation or SIUs, no court has required judicial oversight and no court has set 48 hours as a timeline for review of any kind.
I would remind the House that robust oversight was discussed at length at the public safety committee, and has already been added to the bill in my report stage amendment.
Independent external decision-makers would be appointed by the minister to review any case where an inmate in an SIU does not get the minimum hours out of cell or minimum hours of meaningful human contact for five days in a row or 15 days out of 30. They will also review situations where Correctional Service Canada does not accept the advice of a health care professional to remove an inmate from an SIU or change their conditions. In addition, they will review all SIU placements at 90 days and every 60 days thereafter for inmates still there at that point.
The determinations of independent external decision-makers will be binding and reviewable by the Federal Court. All of that external oversight is on top of regular reviews within the Correctional Service, beginning on the fifth day of placement in an SIU.
There are several advantages to using independent adjudicators rather than judges to provide oversight in this context. For one thing, our courts already have a heavy case load. Giving them additional responsibilities would mean giving them additional resources, namely increasing the number of Superior Court judges, which involves changes to legislation and making budgetary allocations both at federal and provincial levels.
That raises another problem. There are provincial Superior Courts. We should not be adding to their workload to this extent without engaging in thorough consultations with the provinces.
Also, the flexibility of a system of independent adjudicators is a big advantage in this context. A few of them could be stationed in different parts of the country and could be reactive to needs in different provinces. With judges, they are appointed permanently to a specific court and only deal with cases in their jurisdiction. Even for the current system of administrative segregation, the courts have not said that a judicial review is required. The Ontario Superior Court actually expressed a preference for non-judicial review, so decisions could be made faster.
Ultimately, while I appreciate the intent of the Senate's proposal about judicial review, an independent adjudication system already in Bill C-83 can meet the need for oversight without the drawbacks of using the courts.
I appreciate all the Senate's contributions and hard work. This bill has gotten a lot of attention from parliamentarians over the last nine months, and rightly so.
We entrust Correctional Services with the task of carrying out sentences that are supposed to be a deterrent to and punishment for criminal activity and we entrust it with the physical separation of potentially dangerous people from the rest of Canadian society. At the same time, we charge the Correctional Service with the rehabilitation through measures including behaviour counselling, anger management programs, mental health care, substance abuse treatment, education and vocational training.
In a country like Canada, we demand that these tasks all be carried out humanely and with respect, even for the rights of people who have done terrible things, and in accordance with the Charter of Rights and Freedoms. Bill C-83 would help ensure that all these goals can be achieved.
When I spoke to this bill at report stage, I said that I felt strongly that the legislation, combined with the additional investments from our government, would transform our correctional system. That is why I support the legislation and the motion before us today. I urge my colleagues to do the same.
This is the last time I will be speaking in the House before we rise. I would like to acknowledge my staff who are present today: Hilary Lawson and Conor Lewis. This legislation benefited from the input of Hilary, and it would not be the legislation that it is right now without her hard work. Conor has worked with me on the status of women committee. I can quite confidently say that I have the best staff on the Hill. I thank them both for all of their efforts.
I would also like to extend my thanks to the members of the public safety committee who are here tonight. I am sorry I do not know their ridings, but they have both spoken tonight. They have both been incredible members to work with. It is rare that we see members work across the aisle as well as we did on the public safety committee on issues that were by nature very controversial. We always found a way to work together, and even when we did not agree we always did it in a very agreeable way. I would like to commend them for their work, as well as my Liberal colleagues on the committee. We got a lot of good work done, and this bill is one that I am very proud of. I will be going back to my riding knowing that we have passed legislation that will truly be transformative for our corrections system.
View Terry Beech Profile
Lib. (BC)
View Terry Beech Profile
2019-06-17 13:17 [p.29169]
Mr. Speaker, on what is likely the last sitting week of the 42nd Parliament, I appreciate the opportunity to outline both the necessity and benefits of Bill C-48, otherwise known as the oil tanker moratorium act. Let me begin by reminding members that Bill C-48 is the fulfillment of an election promise made in 2015. It was later included in both the minister's mandate letter and the Speech from the Throne.
Bill C-48 would provide an unprecedented level of environmental protection for the northern coast of British Columbia and the adjoining Great Bear Rainforest, one of the most pristine and unspoiled places left in Canada, and indeed the world. The Great Bear Rainforest represents approximately one-quarter of the world's remaining temperate rainforest. It is an extraordinarily rich and productive ecosystem that is often described as one of the lungs of the world because of its high oxygen production. The forest is largely intact due to special measures taken by both the federal and provincial governments over many years and by the relentless efforts of local people, including indigenous communities, to protect this extremely valuable ecosystem.
Bill C-48 would be complementary to these efforts, as well as the long-standing and well-respected voluntary tanker exclusion zone agreement between Canada and the United States that keeps Alaskan tankers like the Exxon Valdez far from our coast. Bill C-48 would effectively formalize into legislation a long-standing federal policy dating back to at least the 1970s not to allow large tanker traffic off of the northern coast of British Columbia. In fact, on my first trip to Haidi Gwaii, as the parliamentary secretary to the minister of fisheries and oceans at the time, I procured three posters that were used as fundraisers to campaign for this initial tanker ban in the 1970s, one of which is hanging in my constituency office in Burnaby.
Speaking to local residents, they are concerned about their environment and their way of life. A 2012 study reviewing offshore oil and gas development in British Columbia estimates the total annual benefits of marine-dependent activities in the traditional territories of coastal first nations at more than $30 billion. Unlike other regions in Canada, this policy legacy ensures that there is no existing tanker traffic near this coast. This means that formalizing the moratorium will not disrupt any current jobs or economic activity in the region. In fact, it would help protect existing industries, including fisheries, aquaculture and ecotourism.
Bill C-48 would continue to allow for the shipment of non-persistent oils. What this means is that communities along the north coast of British Columbia would continue to be open to economic development opportunities, including the recently announced $40-billion infrastructure project in Kitimat, B.C. Bill C-48 would not affect the estimated 10,000 jobs that are attached to that particular project. Very importantly, Bill C-48 would help to preserve the cultural and spiritual way of life of coastal first nations. As such, it is part of the Government of Canada's larger commitment to reconciliation with indigenous peoples. As we know, this is something that our government and our Prime Minister consider to be of the highest priority.
Members will recall that Bill C-48 was debated and studied in the House in 2017 and 2018. It was ultimately passed by the elected members of the House of Commons in May 2018, by a vote of 204 to 85. With the support of the Liberal Party of Canada, the NDP, the Green Party and the Groupe parlementaire du Parti québécois, only the Conservatives voted against it.
I would like to take a moment to thank the member for Skeena—Bulkley Valley, whose riding largely overlaps with the proposed moratorium zone and who has been a long-time advocate of formalizing the tanker ban into legislation. Along with our colleague from Vancouver Quadra, he has introduced private member's bills in previous Parliaments proposing a tanker ban, albeit through a different mechanism. He has been working with our government to secure support for this important bill in the other place, and his co-operation is greatly appreciated.
This bill was referred to the other place on May 9, 2018, and has been studied and debated there until just last week, more than a year before it was passed with an amendment and sent back to this chamber. I am grateful for the work undertaken in the other chamber, particularly during report stage and third reading. If colleagues have not had an opportunity to read or listen to some of these debates, I would encourage them to do so. They will be impressed by the high level and seriousness of the debate. Those debates ultimately led to the amendment that is before us today.
The Senate is proposing to modify Bill C-48 in a number of ways, most substantively by requiring a two-stage review. First would be a regional assessment that would be led by the Minister of Environment under authorities that would be established once Bill C-69 came into force.
The Minister of Environment would be required to invite the provincial governments of British Columbia, Alberta and Saskatchewan, as well as indigenous communities in the moratorium area, to enter into an agreement or arrangement respecting the joint establishment of a committee to conduct the regional assessment and the manner in which the assessment is to be carried out. This body would then have up to four years after coming into force to complete the report.
This would then feed into the second stage, a parliamentary review, which would take place five years after coming into force, and which would consider evidence gathered by the regional assessment and conduct further study and hearings before presenting its report to Parliament.
Let me begin by first stating that we acknowledge that this is a thoughtful, creative and substantive amendment. We also recognize that the Senate's amendment, including the regional assessment component, is a well-intentioned and honourable attempt to find a compromise between supporters and opponents of the moratorium, as well as an attempt to depoliticize what has turned into a very contentious debate on this bill by requiring a more technical, evidence-based study.
In terms of the government's response, we support the Senate's call for a parliamentary review of Bill C-48 after five years. During report stage debate in the other place, Senator Sinclair remarked:
I too have concerns about the bill because it does constitute what appears to be an absolute ban on tanker traffic in an area, for good reason that might be applicable today, but I’m not so sure it will be applicable in the future.
He went on to state:
When it comes to how we can improve the bill, one of the options I want to talk to the chamber about is whether we might consider allowing for communities to change their minds at some point in the future and if they all agree that the ban should be lifted, then we would allow the bill to say so.
A parliamentary review after five years would allow such a conversation to take place. Committees could look at scientific evidence and new developments, hold meetings outside of Ottawa and provide an opportunity for all interested indigenous communities, provinces and other stakeholders to express their views.
However, for a number of reasons, we respectfully disagree with the Senate's recommendation to undertake a regional assessment. First, we feel this is unnecessary, given the requirement for a parliamentary review, as I just discussed. Second, there is consultation fatigue, particularly among communities living in northern B.C. and coastal first nations, after many years of reviews and studies.
A non-comprehensive list of these reviews includes the Senate transport committee study of Bill C-48 in 2019; Transport Canada consultations with communities and stakeholders held in 2016 and 2017, prior to the introduction of Bill C-48; the Canadian environmental assessment and National Energy Board review panel of Enbridge's northern gateway pipeline proposal, held between 2010 and 2012; the Natural Resources Canada public review panel on the Government of Canada moratorium on offshore oil and gas activities in the Queen Charlotte region of British Columbia in 2004; the B.C. scientific review of offshore oil and gas moratorium in 2002; the joint Canada-B.C. west coast offshore exploration environmental assessment panel” in 1986; the federal west coast oil ports inquiry in 1977; and, last but not least, the House of Commons Special Committee on Environmental Pollution in 1970-1971. I was almost tired going through the whole list, never mind the actual reports themselves.
It is important to note that many of the reviews I mentioned were led by regulators and bureaucrats, not politicians. They looked in detail at scientific evidence in a more technical way than parliamentary committees typically do. However, none of them led to a resolution of the fundamental political disagreements over this issue. At the end of the day, many of the scientific questions about whether or not it is safe or advisable to move crude oil in tankers off this particular coast are endlessly debatable. There is no reason to believe that yet another lengthy and expensive study would bridge these differences of opinion, especially one starting so soon after the coming into force of Bill C-48.
To be clear, the amendment proposes to start yet another review only 180 days after Bill C-48 comes into force. At some point, a decision needs to be made based on the best evidence available and using the best judgment of parliamentarians about what is fair and reasonable, taking into account the wider Government of Canada approach on energy and the environment and on reconciliation with first nations.
Furthermore, there is, in our view, a need for a cooling-off period and a break to allow passions to settle and to take a breath. Coastal first nations have been fighting for a bill like this for almost 50 years. They deserve a break and some peace of mind.
Finally, the proposed approach would result in a lack of clarity over whether the authority provided to the Minister of Environment in Bill C-48 would be inconsistent or in conflict with the authority provided to the Minister of Environment in Bill C-69.
For all these reasons, the government is proposing to accept the Senate amendment but in a modified form. We accept adding a parliamentary review five years after coming into force, but respectfully disagree with the requirement to hold a regional assessment. We feel this is a fair compromise with our colleagues in the other place and will allow them to achieve much, if not all, of what they intended, namely an opportunity to re-evaluate the law after a number of years.
Turning back to the bill itself, much of the debate on Bill C-48 so far has revolved around the question of why legislation is being proposed that effectively bans oil tankers from operating off the coast of northern British Columbia and not elsewhere in the country. Critics of the bill contend that this is arbitrary and unjustified, but I would argue that nothing could be further from the truth.
As the Minister of Transport explained when he appeared before the Senate transport committee, there are a number of factors that, when combined together, account for the uniqueness of the situation in northern British Columbia and the need for special measures to protect it.
The most obvious, unique attribute of British Columbia's pristine north coast is the ecological significance of the area. The coastline runs along one of the last temperate rainforests left in the world and, even more rare, one of the very few to remain largely intact. These kinds of forests are unusually productive and support an extraordinarily rich web of biodiversity. The interface between the marine, coastal and terrestrial environments in this part of B.C. is seamless.
The Senate transport committee heard from experts who testified both to the unusually pristine nature of this ecosystem and to its vulnerability to the effects of a major oil spill. Canada has a kind of jewel in the Great Bear Rainforest, which needs to be treasured and preserved for future generations. This is a responsibility we owe not only to ourselves but to the world. The precautionary principle, a principle I debated often within my previous role in Fisheries and Oceans, is fully justified in this case.
A second distinguishing factor is the long-standing policy legacy, at both the federal and provincial levels, of extending special protections to this part of the country. In essence, Bill C-48 would simply formalize an already well-established policy of barring oil tankers from this coast. As such, it would not be disruptive to any existing industries or employment, very much unlike the case if we were to propose such a moratorium off the coast of Newfoundland or Nova Scotia, or for the St. Lawrence, for example.
A third factor that differentiates the northern coast of British Columbia is its shear size and remoteness and the navigational hazards of operating in these waters.
Environment Canada classifies the Hecate Strait as the fourth most dangerous body of water in the world for shipping. Winds of 100 kilometres per hour and waves between eight and 10 metres are not uncommon in both the Hecate Strait and the Dixon Entrance. These combine to make spill response more challenging than in more populated, built-up areas like the south coast, the St. Lawrence or the east coast. Although our government is dramatically boosting our capacity to respond to accidents through our $1.5 billion oceans protection plan, resources cannot be unlimited. It will continue to be the case that northern B.C. will present special challenges, particularly during bad weather which is common on these seas.
Last, Bill C-48 is responding to a more than 40-year campaign by local people, and especially indigenous communities, who live along the coast to formalize the moratorium banning oil tankers. While it is true that opinion among indigenous communities is not universal, a clear majority of these communities that are situated in the proposed moratorium area want to pass this law. Most important, the communities that would be most vulnerable to the impacts of an oil spill, such as the Haida and the Heiltsuk, have campaigned persistently for this bill. As such, it is part of our government's larger commitment to reconciliation with the first nations.
While I am sympathetic to the voices of indigenous groups further inland, which might like to participate in the economic benefits of a future, yet highly notional, pipeline that would go to the northern coast of B.C., I cannot disregard what a major oil spill would mean economically, culturally and spiritually to those who would bear the brunt of its effects. They deserve the peace of mind that Bill C-48 would bring them.
I note as well that coastal first nations have been joined by their neighbours in communities such as the city of Prince Rupert, the village of Queen Charlotte, the district of Kitimat, the city of Terrace, the town of Smithers, and the Skeena-Queen Charlotte regional district, which have all passed resolutions or written letters in support of the moratorium. There is also support by the Province of British Columbia.
In the short time that I have been in the House, I have had the opportunity to work on the government's $1.5 billion oceans protection plan, revisions to the Oceans Act in Bill C-55, restoring protections and introducing modern safeguards to the Fisheries Act via Bill C-68 and working to restore our whale population with our $167 million action plan.
We have expanded our marine protected areas from less than 1% under the previous government to over 8%. At the same time, we have reduced unemployment to historic lows, lifted 825,000 Canadians from poverty and Canadians have created more than a million new jobs.
It is the responsibility of any government to work hard to protect and restore the environment while growing the economy and creating more opportunities for Canadians. To do this successfully, we must balance competing demands and constraints, and I believe Bill C-48 would help us accomplish this balance.
I would like to quote a colleague from the other place, Senator Harder, who recently remarked:
I hope that, one day, the people of the coast will tell the story of when their grandparents came to Ottawa to pass Bill C-48. I hope [we]...tell the story of how Canadians worked together to save the environment at this testing time.
It is time this bill was passed. I hope our colleagues in the other place will join our government in at long last making this a reality.
View Kelly Block Profile
CPC (SK)
View Kelly Block Profile
2019-06-17 13:34 [p.29172]
Mr. Speaker, I would note that this bill actually was created as a result of a directive that was given by the Prime Minister to the Minister of Transport through a mandate letter. When we were studying the bill in committee, to a witness, none of the witnesses were consulted when it came to it, especially when it came to first nations communities.
Would the member care to comment on why no first nations communities were consulted before the bill was introduced?
View Terry Beech Profile
Lib. (BC)
View Terry Beech Profile
2019-06-17 13:35 [p.29172]
Mr. Speaker, I look forward to discussing, during this question and answer period, our government's approach to balancing the environment and the economy, versus the Conservatives' approach previously, and what is proposed for the future.
There were over 75 consultations with indigenous peoples with regard to the legislation. I listed an extensive number of consultations that happened in previous studies as well. We have studied this issue and this is the appropriate action to take. We hope everyone in the House will support us in passing this amendment and passing the overall legislation in Bill C-48.
View Kelly Block Profile
CPC (SK)
View Kelly Block Profile
2019-06-17 13:44 [p.29173]
Mr. Speaker, I rise today to respond to the government's motion on the Senate amendments to Bill C-48. While I do appreciate the opportunity to speak to the motion, what I do not appreciate, what millions of other Canadians do not appreciate, is that we have to respond to the bill at all.
I want to recap what the bill would do.
First, this legislation was created as a result of a directive in the Prime Minister's mandate letter to the Minister of Transport dated November 2015.
If passed, this legislation would enact an oil tanker moratorium on B.C.'s northwest coast. The proposed moratorium would be in effect from the Canada-U.S. Alaska border to the northern tip of Vancouver Island.
The legislation would prohibit oil tankers carrying crude and persistent oil as cargo from stopping, loading and unloading at ports or marine installations in the moratorium area. Vessels carrying less than 12,500 metric tons of crude oil would be exempted from the moratorium.
I would suggest that this bill is an open, sneering attack on our oil and gas sector, an anti-pipeline bill poorly masquerading as an environment bill.
Environmental legislation is supposed to be based on science. Bill C-48 is not. It is not science but rather politics and ideology that inform this legislation: Liberal ideology that is as damaging to national unity as it is cynical.
Afer reviewing the bill, which included travelling across the country to hear from witnesses from coast to coast, the Senate transport committee recommended that it not proceed. While the Senate as a whole rescued Bill C-48, the Prime Minister should have taken the hint and withdrawn this anti-energy legislation.
Six premiers, including Premier Scott Moe from my province of Saskatchewan, wrote an open letter to the Prime Minister outlining their legitimate concerns about the anti-oil, anti-energy legislation pushed by the Liberal government here in Ottawa, in particular Bill C-69 and Bill C-48.
The premiers explained the damage that these two pieces of legislation would do to the economy, but more importantly, they warned of the damage this legislation has done and will continue to do to our national unity.
This was not a threat. This was not spiteful. These six premiers were pointing to a real and growing sense of alienation, alienation on a scale not seen since the Prime Minister's father was in office.
Rather than listening to their concerns, the Prime Minister lashed out at the premiers, calling them irresponsible and accusing them of threatening our national unity if they did not get their way.
The premiers are not threatening our national unity; it is in fact the Prime Minister's radical, anti-science, anti-energy agenda that is, but he is refusing to listen.
Since the Prime Minister is refusing to heed these warnings on Bill C-48 and Bill C-69, I am going to take this opportunity to read them into the record now:
Dear Prime Minister,
We are writing on behalf of the Governments of Ontario, New Brunswick, Manitoba, Saskatchewan and Alberta and the Northwest Territories. Collectively, our five provinces and territory represent 59 per cent of the Canadian population and 63 per cent of Canada's GDP. We are central to Canada's economy and prosperity, and it is of the utmost importance that you consider our concerns with bills C-69 and C-48.
Canadians across the country are unified in their concern about the economic impacts of the legislation such as it was proposed by the House of Commons. In this form, the damage it would do to the economy, jobs and investment will echo from one coast to the other. Provincial and territorial jurisdiction must be respected. Provinces and territories have clear and sole jurisdiction over the development of their non-renewable natural resources, forestry resources, and the generation and production of electricity. Bill C-69 upsets the balance struck by the constitutional division of powers by ignoring the exclusive provincial powers over projects relating to these resources. The federal government must recognize the exclusive role provinces and territories have over the management of our non-renewable natural resource development or risk creating a Constitutional crisis.
Bill C-69, as originally drafted, would make it virtually impossible to develop critical infrastructure, depriving Canada of much needed investment. According to the C.D. Howe Institute, between 2017 and 2018, the planned investment value of major resource sector projects in Canada plunged by $100 billion – an amount equivalent to 4.5 per cent of Canada’s gross domestic product. To protect Canada’s economic future, we, collectively, cannot afford to overlook the uncertainty and risk to future investment created by Bill C-69.
Our five provinces and territory stand united and strongly urge the government to accept Bill C69 as amended by the Senate, in order to minimize the damage to the Canadian economy. We would encourage the Government of Canada and all members of the House of Commons to accept the full slate of amendments to the bill. The Senate Committee on Energy, the Environment, and Natural Resources heard 38 days of testimony from 277 witnesses including indigenous communities, industry, Premiers, and independent experts. Based on that comprehensive testimony, the committee recommended significant amendments to the bill, which were accepted by the Senate as a whole. We urge you to respect that process, the committee’s expertise, and the Senate’s vote.
If the Senate’s amendments are not respected, the bill should be rejected, as it will present insurmountable roadblocks for major infrastructure projects across the country and will further jeopardize jobs, growth and investor confidence.
Similarly, Bill C-48 threatens investor confidence, and the tanker moratorium discriminates against western Canadian crude products. We were very disappointed that the Senate did not accept the recommendation to the Senate Committee on Transport and Communications that the bill not be reported. We would urge the government to stop pressing for the passage of this bill which will have detrimental effects on national unity and for the Canadian economy as a whole.
Our governments are deeply concerned with the federal government’s disregard, so far, of the concerns raised by our provinces and territory related to these bills. As it stands, the federal government appears indifferent to the economic hardships faced by provinces and territories. Immediate action to refine or eliminate these bills is needed to avoid further alienating provinces and territories and their citizens and focus on uniting the country in support of Canada’s economic prosperity.
Perhaps having heard the letter read aloud, the Prime Minister will acknowledge that it contains no threats, but rather it is an appeal from leaders who have listened to their constituents. The Prime Minister needs to understand that simply saying things louder is not going to make them go away. Shouting will not put food in the stomachs of the laid-off construction workers' children. Chanting talking points will not pay the gas bill in the middle of winter.
If this were the only piece of legislation that the government had introduced, one might argue that this is an overreaction, but it is not just one piece of legislation, it is a targeted, cynical, ongoing political attack of our resource sector. The Prime Minister has filled his cabinet with vocal opponents of the oil sands. In 2012, the now Minister of Democratic Institutions posted a tweet that read, “It's time to landlock Alberta's tar sands - call on BC Premier @christyclarkbc to reject the #Enbridge pipeline now!”
Then there is the President of the Treasury Board, who said publicly that the approval of the Trans Mountain extension was deeply disappointing and who celebrated when the Prime Minister killed the northern gateway pipeline project. Here I should pause and point out the ridiculous theatrics surrounding the TMX project.
In 2016, the government approved TMX, yet tomorrow, we are told, the government will decide on whether to approve the project all over again. It is like we are in a terrible remake of Groundhog Day. Meanwhile, not an inch of pipeline has been built since the government nationalized Trans Mountain.
However, it is not only the cabinet that the Prime Minister has filled with anti-oil activists, but senior staff positions as well. Here I quote an article from the March 14 edition of the Financial Post:
Prior to ascending to the most powerful post in the Prime Minister’s Office, from 2008 to 2012 Gerald Butts was president and CEO of World Wildlife Fund Canada...an important Tides campaign partner. Butts would use his new powerful position to bring other former campaigners with him: Marlo Reynolds, chief of staff to the Environment Minister...is past executive director of the Tides-backed Pembina Institute. Zoë Caron, chief of staff to Natural Resource Minister...is also a former WWF Canada official. Sarah Goodman, on the prime minister’s staff, is a former vice-president of Tides Canada. With these anti-oil activists at the epicentre of federal power, it’s no wonder the oil industry, and hundreds of thousands of workers, have plummeted into political and policy purgatory.
Why should we be surprised? The Prime Minister is no friend of the oil sands. The Prime Minister stated that he wants to phase out the oil sands and during the election loudly proclaimed, “If I am elected Prime Minister, the Northern Gateway Pipeline won't become a reality”.
The Prime Minister has spent his time in office attempting to do just that and he has been willing to trample on not only the rights of the provinces, but the rights of aboriginal peoples as well to get his way. When the Prime Minister used an order in council to cancel the northern gateway pipeline, he stole the future of 30 first nations that would have benefited enormously from it. This very bill is facing a lawsuit from Laxkw'alaams Indian band for unjustly infringing on their rights and titles.
Bill C-48 will prevent the proposed first nations-owned and operated Eagle Spirit pipeline project from being built as the proposed route to tidewater ends within the area wherein this bill bans tanker traffic. It was done without any consultation with first nations communities. Again, this should come as no surprise.
Just last week I spoke against another anti-energy bill, Bill C-88. As I said then, C-88 makes a mockery of the government's claim to seriously consult with indigenous and Inuit peoples. Without any consultation with Inuit peoples or the territorial governments, the Prime Minister unilaterally announced a five-year ban on offshore oil and gas development. Not only did the Prime Minister refuse to consult the premiers of the territories, he gave some of them less than an hour's notice that he would be making that announcement.
Does that sound like a Prime Minister who wants to listen, consult and work with aboriginal Canadians? Does it reflect the Prime Minister's declaration that his government's relationship with indigenous peoples is their most important relationship or does it sound like a Prime Minister who says what he believes people want to hear and then does the exact opposite by imposing his own will on them? If he had consulted, this is what he would have heard:
Minister Wally Schumann of the Northwest Territories, on how they found out about the ban and the impact it will have on our north, stated:
When it first came out, we never got very much notice on the whole issue of the moratorium and the potential that was in the Beaufort Sea. There were millions and millions, if not billions, of dollars in bid deposits and land leases up there. That took away any hope we had of developing the Beaufort Sea.
Councillor Jackie Jacobson of Tuktoyaktuk said:
It’s so easy to sit down here and make judgments on people and lives that are 3,500 klicks away, and make decisions on our behalf, especially with that moratorium on the Beaufort. That should be taken away, lifted, please and thank you. That is going to open up and give jobs to our people – training and all the stuff we’re wishing for.
Then premier of Nunavut, Peter Taptuna stated, “ We do want to be getting to a state where we can make our own determination of our priorities, and the way to do that is gain meaningful revenue from resource development.”
Mr. Speaker, I note that you are indicating that my time is up. I assume that I will be able to continue at another time.
View David Lametti Profile
Lib. (QC)
After being examined and given thoughtful deliberation in the Senate, the bill has returned to the House of Commons so that we can review the 14 amendments that have been made.
I would first like to thank all members and senators, particularly the members of the committees of both chambers, for their work to reduce the delays in the criminal justice system.
In particular, I would like to thank the chair of the justice committee, as well as the member for West Nova, both of whom gave me critical advice at appropriate moments.
I would also like to thank all of the witnesses who took the time to submit briefs and to appear before the committee, since they expressed very useful views about their experience with the criminal justice system, whether from the perspective of a professional, an accused, a victim or a family member.
Many of these witnesses echoed the concerns expressed by the Supreme Court of Canada in the 2016 Jordan decision.
We all know that delays in the criminal justice system are destructive, and particularly so to some of the most vulnerable members of our society: victims of crime and their loved ones. Delays also impact accused from groups that are overrepresented in the criminal justice system. Of course, the cost of inefficiencies is also borne by taxpayers.
I learned this lesson very early when I was fortunate enough to be a clerk to Justice Peter Cory of the Supreme Court of Canada. At that time, the Askov decision was heard, which was the predecessor to Jordan.
Bill C-75 presents an important opportunity to take concrete action to reduce these delays and respond directly to my mandate. It is the product of significant consultation over many years, and it would modernize the criminal justice system in ways that provinces and territories, which are responsible for the administration of the system, have agreed would improve the efficiency and effectiveness of this system.
All of the proposed amendments have been crafted with a view to the impact they would have on the incarceration rates of indigenous persons and persons who are vulnerable to being overrepresented in the criminal justice system in Canada. Bill C-75 seeks equally to improve the safety of our communities by implementing our government's commitments to toughen criminal laws and bail conditions in cases of intimate partner violence, or IPV, with the goal of keeping women and children safe.
As members will no doubt recall from when the bill passed through this place the first time, it is bold and transformative and contains many much-needed improvements to the criminal justice system. Today I will provide a general overview of the key areas of criminal law reform contained in Bill C-75, as well as some details on the amendments proposed by the other place.
First, I want to talk about the modernization and simplification of the bail provisions.
All stakeholders support the bill's proposal to modernize and simplify the interim release provisions. Everyone agrees that these reforms need to be made right away. This critical modernization of the interim release provisions will be the most comprehensive reform in 45 years. It will strengthen the key principles of interim release, which the Supreme Court of Canada has outlined many times, particularly just recently in 2017 in R. v. Antic.
Moreover, these changes are needed to reduce the overrepresentation of indigenous people and individuals from vulnerable populations in the criminal justice system. I look forward to the addition to the Criminal Code of the proposed requirement that particular attention be given to the circumstances of aboriginal accused in interim release decisions.
The other place proposed a slight change to the interim release provisions in the bill in response to the March 2019 Supreme Court ruling in R. v. Myers. The Court stated that the detention review under section 525 of the Criminal Code must be an automatic procedure whether the delay was unreasonable or not. This ruling raised some concerns in Quebec over the court of competent jurisdiction to hear these cases, given the unique way the term “judge” is defined for Quebec for the purposes of these interim release hearings.
Amendment 2 would uphold the current definition of this term for Quebec, but will add that only a judge from the Court of Québec may conduct a detention review, except in the case of a decision on the detention issued by the Superior Court of Quebec.
I urge all hon. members to support amendment 2 from the other place since it gives Quebec greater discretion to guarantee more effective use of judicial resources.
The bill amendments are also instrumental in increasing the safety of all women and girls, including indigenous women and girls. Specifically, they would require a justice to consider whether an accused would be charged with an offence involving IPV against an intimate partner when determining whether to release or detain the accused.
The amendments would also require courts to consider the criminal record of the accused, including prior convictions and the context of the offence. In cases where an accused who had a prior conviction for violence against an intimate partner is facing new charges for IPV, a reverse onus would be imposed on the accused at bail, meaning that the burden would shift to the accused to justify why the accused should not be detained pending trial.
Bill C-75 proposes other amendments in relation to ensuring that convictions for violence against intimate partners are taken seriously at the sentencing stage.
As passed by this place, Bill C-75 would modernize the current aggravating sentencing factor in the Criminal Code to ensure it would concur with our current understanding of IPV and would specify that it would apply to both current and former intimate partners, as well as the more modern conception of intimate partnerships, including dating partnerships. It would also allow for the possibility of seeking a higher maximum penalty in cases involving a repeat IPV offender.
Informed by the testimony of the commissioners of the National Inquiry into Missing and Murdered Indigenous Women and Girls, the other place's amendments 6 and 7 would strengthen these amendments to ensure that violence against indigenous women and girls would be treated all the more seriously at sentencing. The other place's amendment 6 would create a new sentencing objective in the Criminal Code that would direct a court to give primary consideration to the objectives of denunciation and deterrence for an IPV offence, in particular where the victim is vulnerable on the basis of sex or is an indigenous person.
The other place's amendment 7 would expand Bill C-75's aggravating factor to include IPV committed against a member of the offender's or the victim's family and would create a new sentencing principle that would require a court imposing a sentence for an IPV offence to consider the increased vulnerability of female victims, giving particular attention to the circumstances of aboriginal female victims.
I support these amendments, with a minor modification to the other place's amendment 6 to remove the concept of IPV and replace the reference to a person's sex with reference to personal circumstances and to specifically refer to aboriginal women. This would assist in ensuring judges take into account the increased vulnerability of indigenous women as victims for all offences.
It is also timely in that it would address some of the recommendations in the recently released missing and murdered indigenous women and girls report, recommendations 5.17 and 5.18. Moreover, these amendments would address some of the concerns noted by the Supreme Court of Canada in its recent Barton decision, where the court noted that indigenous women faced injustices in all areas of the criminal justice system as well as extremely high rates of violence.
I acknowledge that some may question these two amendments, given that the House did not support Bill S-215 at second reading. Bill S-215's proposed aggravating factors would have applied to only a few offences. This other place's amendment also differs from Bill S-215 in that it would apply to a broader group of victims. It would directly call on the court to consider the vulnerability of female victims, with particular attention to the circumstances of aboriginal female victims. In contrast, Bill S-215 was limited to the fact that the victim was a female person who was Indian, Inuit or Métis.
The second element is enhancing the existing approach to administration of justice offences, including for offences committed by youth. The judicial referral hearing procedure proposed in Bill C-75 is another positive reform aimed at diverting less serious, non-violent cases from the courts so that they may be dealt with more efficiently. This approach will also help reduce the overrepresentation of indigenous people and other marginalized groups in the criminal justice system, who are overrepresented among those accused of administration of justice offences.
This area of reform was recommended in the Standing Senate Committee on Legal and Constitutional Affairs' final report entitled “Delaying Justice is Denying Justice: An Urgent Need to Address Lengthy Court Delays in Canada”, given the significant number of cases involving administration of justice offences in the system and the pressure they cause. It is harder for the accused to break the cycle of crime because of these offences.
The bill gives police officers and prosecutors a new tool that allows them to ask judges to review all bail conditions that apply to the accused. This allows for an assessment of the reasonableness of the conditions and helps promote a culture change encouraging criminal justice professionals to play an active role in reversing the upward trend in the number of charges related to administration of justice offences, when other kinds of offences are declining.
The third point is on restricting the availability of preliminary inquiries to the most serious offences. As introduced, Bill C-75 proposed to restrict the availability of preliminary inquiries to indictable offences punishable by life imprisonment, roughly 70 offences. The other place agreed that these offences should automatically include a preliminary inquiry.
However, it also expanded their availability on a discretionary basis to all other indictable offences with a maximum penalty of less than life imprisonment, which would have been an additional 393 offences. As per the other place's amendment, preliminary inquiries would be available in two circumstances: first, where one or both parties requested one; and, second, a justice was satisfied that certain criteria were met, namely that appropriate measures were taken to mitigate the impacts on victims for both approaches and, where it was on the request of one party, that it was also in the best interest of the administration of justice.
The amendment responded to concerns that preliminary inquiries were not available for more and serious offences. However, the expansion of their availability, combined with the new complex criteria, would lead, in our view, to further delays and unnecessary litigation; for example, to interpret the proper application of the criteria.
Recognizing, however, that the other place's amendment was motivated by continuing concerns by the legal community and others, I proposed to not accept the other place's amendments 3 and 4 as drafted, but to revise the bill's original approach to make preliminary inquiries also available for offences with a maximum penalty of 14 years, for example, sexual assault with a weapon.
Although this would expand the availability of preliminary inquiries for 86 more offences, the proposal is consistent with the 2017 FPT ministers of justice's consensus to restrict them to offences carrying the most serious terms of imprisonment. A 14-year threshold will still provide certainty and will avoid the delays inherent in the other place's amendment.
I hope you will all will join me in supporting this amendment, as it strikes an important balance in what is a long-standing, contentious debate regarding preliminary inquiries.
View Murray Rankin Profile
NDP (BC)
View Murray Rankin Profile
2019-06-17 23:14 [p.29254]
Mr. Speaker, I was just making the point that the Criminal Lawyers' Association has made, about why mandatory minimum sentences are important. It is because if a criminal lawyer has the possibility, a zero-sum game, that his or her client will get the minimum sentence that is there with no discretion of the judges to forge a penalty that is appropriate in the circumstances, the lawyer is not going to cut any deals. There will be no plea bargaining. There will be no efficiency. Therefore, the greatest single efficiency gain would have been what the Prime Minister promised us would happen, which is that mandatory minimum sentences, the way the Conservatives did it, would be eliminated. That was the promise that Canadians received over and over again, only to be completely thrown out in this bill.
It is a gigantic reform initiative. To be fair, it is all pertaining to criminal law but is a gigantic effort with this gigantic problem completely ignored. It is not a problem that I alone identify as an obstacle to efficiency gains and to addressing the crisis that Jordan represents, of people walking free from very serious crimes because we cannot get a trial in a reasonable amount of time. For reasons that escape me, the Liberals completely ignored that and did a number of other things, some of which are commendable but do not do what the objective of the bill was to be, which was to address the issue of inefficiency. That is the problem that the Criminal Lawyers' Association pointed out.
The courts have been reduced to simply being, as some people call them, slot machines of justice. They have no discretion at all. If the facts are made out, the penalty is there. It is push a button. Some judges have complained to me privately that they feel like they are simply automatons. That is not what judges historically have done. The Conservatives rendered them in this position that is invidious and, frankly, embarrassing to many judges. What they thought they had the power to do, which was to render an appropriate sentence to fit the crime, was thrown out the window when mandatory minimums were imposed on so many of the sentences in the Criminal Code.
We also have a crisis in Canada with the overrepresentation of indigenous women in particular. To his credit, the Minister of Justice referred to this problem. We all are aware of it. It is another national disgrace. Jonathan Rudin testified to the justice committee. He is a very memorable witness. He is a lawyer with the Aboriginal Legal Services in Toronto. He highlighted the government's inaction with regard to abolishing mandatory minimum sentences and its particular effect on indigenous women. Here is what 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 [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 he urged the committee to recommend was to bring into legislation that judges have sentencing discretion, which the Liberals promised to do and did not.
I suspect the problem is much worse now, but in 2015 the proportion of indigenous adults in custody relative to their percentage of the population was eight times higher for indigenous men and a staggering 12 times higher for indigenous women. Any measure that could address this problem head-on has to be looked at seriously. The government's failure to address what the mandate letter from the Prime Minister told us it would do is a serious missed opportunity.
I would like to turn to preliminary inquiries, which the minister also referred to and was the subject of some of the reform proposals that the Senate brought forward. The Senate legal and constitutional affairs committee passed an amendment to Bill C-75 that would bring back the option for preliminary inquiries for hundreds of criminal offences. Since Bill C-75 was first introduced in the House, the NDP has been advocating that preliminary hearings be retained in criminal proceedings. The Senate is attempting to reverse the government's move to eliminate preliminary inquiries for all offences, except for offences carrying a sentence of life imprisonment.
Senator Pierre Dalphond, a former judge, passed an amendment to bring back the option of preliminary inquiries for most indictable offences, as long as the judge ensures that the impact on complainants is mitigated.
The Liberals argue that this will cost court time, but we heard at the justice committee over and over again testimony that, if we got rid of preliminary inquiries, time saving would actually be marginal and the potential for miscarriage of justice would be great.
While the government has accepted many of the Senate amendments, it is using its motion to continue to severely limit the use of preliminary hearings. We have opposed this measure since Bill C-75 was brought to the House, and our stance, I am confident, remains the correct one.
The Liberals at the House justice committee voted to allow preliminary inquiries only when the maximum sentence is life imprisonment. The other place amended this provision to allow far more judicial discretion, increasing the number of offences that could have a preliminary inquiry from 70 to 463. The minister pointed out that they tried to find some middle ground on this issue.
Overwhelmingly, we heard from witnesses at the justice committee that restricting the use of preliminary inquiries will not address court delays sufficiently and will sacrifice or could sacrifice the rights of the accused. For example, Ottawa criminal defence lawyer Michael Spratt said at the committee that preliminary inquiries occupy a very small percentage of court time but “deliver huge savings to the system. Preliminary inquiries deliver these efficiencies in a number of different ways.” They focus issues for trial, reducing trial length; they identify evidentiary or legal problems in a case at an early stage so the parties can ensure that these problems don't arise during the trial; and they can facilitate the resolution of charges.
He was not alone. Time does not allow me to list all the people who agreed with Mr. Spratt, but they include the Canadian Bar Association; the Criminal Lawyers' Association; the Alberta Crown Attorneys' Association, the prosecution side; various defence lawyers, such as Sarah Leamon, a criminal lawyer; Professor Lisa Silver of the University of Calgary, and on and on, yet the government did not want to go there. I cannot, for the life of me, understand why.
There is also a huge possibility that with taking preliminary inquiries away, there could be a risk that people will be wrongfully convicted. That is what Bill Trudell, the chair of the Canadian Council of Criminal Defence Lawyers, said. The government says we do not need them because we now have what are called Stinchcombe disclosure provisions, Stinchcombe being a famous case requiring the Crown to provide all the evidence available to the defence witnesses. The government says that, as a result, we do not need preliminary inquiries. That certainly is not what these people have said, and on a risk-benefit analysis they think it is just not right. The possibility of a wrongful conviction seems to be something we should all be worried about.
I know that time is running out quickly, but I said I would comment on some of the positive things in the bill, and I would like to do so.
First, there is the elimination of what are called “zombie” provisions of the Criminal Code, which criminalize things that are no longer illegal. These provisions have been found to be unconstitutional and have no place in the Criminal Code.
The bill would restore the discretion of judges to impose fewer victim fine surcharges or not impose them at all. I commend the government for that step as well.
I said in my question for the Minister of Justice earlier that I commend the government for broadening the definition of intimate partner violence. That is a good step. Creating an alternative process for dealing with breaches of bail is another good step. Codifying the so-called ladder principle, which requires that the least onerous form of release be imposed, is a good thing as well.
I agree with the government, and I confess not everybody does, that abolishing peremptory challenges is a positive step. Also, the routine police evidence provision has been amended for the good.
For the LGBTQ2+ community, the vagrancy and bawdy house provisions that were often used in the past to criminalize gay men have been rightly repealed. I am proud of the role that I played at the justice committee in moving those amendments, and I commend the government for finally repealing these discriminatory provisions.
I wish to be on record as saying that there is much in this bill that is commendable. It is the fact of the missed opportunity that is so disturbing.
I still have concerns about the many hybrid offences created in Bill C-75, because contrary to what the hon. Conservative member for Sarnia—Lambton said earlier, all this does is to push them down to the already overburdened criminal courts at the provincial level. The more hybrid offences, which proceed by way of summary rather than indictment, go to the provincial courts, where 95% of all criminal matters already take place. I have talked to people in my province of British Columbia who are very concerned about the impact of this on the administration of justice in that province. Jordan is perhaps not as much of a problem in the superior courts, but is a bigger problem in the provincial courts. Surely, that was not the intent.
I know that I have little time left, but I want to complete the point I made earlier about Madam Justice Marion Buller, the chief commissioner for the National Inquiry into Missing and Murdered Indigenous Women and Girls. She had the opportunity to go to the Senate committee with her report. A number of suggestions were made for reform in the other place and are now in the amendments before this House. I am very happy that that has happened. However, there are still serious problems with some of the legacies of residential schools and the sixties scoop that still need to be addressed.
I believe my time is almost at an end, so let me just say this. I wish we could support this bill. There is much in it that is worthwhile, but the failure to do what the Prime Minister told us they would do, deal with the mandatory minimums, and the inability to address the preliminary inquiries in a more manageable way, are the reasons we must respectfully oppose this bill.
View Arif Virani Profile
Lib. (ON)
View Arif Virani Profile
2019-06-17 23:27 [p.29256]
Mr. Speaker, I want to start by saying to the member for Victoria how refreshing it is to have him contribute to this evening's debate, especially hot on the heels of the contribution from the Conservative member who preceded him. His erudite analysis is a welcome contribution, and I will freely admit to him that we miss those kinds of interventions at the justice committee. I will just leave it at that.
I would agree wholeheartedly with the statement he has made about judges needing to use their discretion and, importantly, their own life experience in terms of informing their judicial decision-making function. That is why we have not only appointed over 200 judges, but sought to appoint a diverse group of judges.
I am glad that the member mentioned, at the tail end of his speech, the issue about the overrepresentation and some of the features of this bill that he agrees with. The things that he mentioned are changing the principles of restraint on bail, changing the way we select jurors, but also the administration of justice offences, which are important, because we are trying to reduce the over-criminalization of particular groups, including indigenous people.
The question I would ask him is in respect to indigenous women. In terms of his experience as a parliamentarian, which is longer than mine, is it encouraging for him to see, in such rapid succession, the tabling of the report on MMIW and, hot on the heels of those calls to justice, the head of that inquiry appearing before the Senate, incorporating calls to justice that then found their way into Senate amendments that we are agreeing to, and also the fact that 13 of the 14 amendments are being agreed to? Is that the path forward to not only reconciliation, but addressing the important issue of gender-based violence, particularly against women who are indigenous?
View Murray Rankin Profile
NDP (BC)
View Murray Rankin Profile
2019-06-17 23:28 [p.29256]
Mr. Speaker, I would like to thank the parliamentary secretary for his thoughtful question.
I agree with him that we have to find a better way to get more discretion to judges. Again, that was the thrust of my comments about mandatory minimums. It is sad that we do not have the opportunity for judges to look at aboriginal offenders as people rather than simply checking a box, saying that this is the penalty for that offence and that is the end of the story.
However, I do agree with the parliamentary secretary that it is refreshing and positive that Judge Buller was able to talk to the Senate. We did not have that opportunity at the justice committee. To have the Senate instantly put into this bill some of the insights that the commissioner generated, I think is very positive. Whether they will go as far as we would like in dealing with the outrageous overrepresentation of indigenous women in our prisons, I do not think so, but it certainly is a positive step.
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