Official Hansard
Mr. Speaker, it is an honour to get up on behalf of Skeena—Bulkley Valley to talk about Bill C-16, the protecting victims act. Before I get into the substance of the bill itself, I want to explain the term “safety valve”, because just about every speaker has spoken to this term. It is a mechanism that allows judges to give lesser sentences, as opposed to a strict mandatory minimum sentence. If we are going to give weaker sentences instead of imposing a strict mandatory minimum sentence for some of these crimes, then what is the point of using the term “mandatory minimum sentence”, especially when we are talking about protecting women and vulnerable victims? Even when the government members themselves get up and debate, they admit that the bill is long overdue. In fact, when I was an MLA, we were talking about crimes and how there should be punishment. At the time, the NDP government actually blamed Ottawa for not amending or introducing more legislation. I agree. This is a long time coming. It just so happens that a “southern Alberta man faces criminal charges after police say they found more than half a million child sexual exploitation photos and videos in his possession.... More than 500,000 child sexual exploitation photos and videos were discovered, [making it] one of the largest collections the unit has ever encountered”. Like every other case that has been in the media in the last year or so, this just makes me sick. A lot of other leaders have said the same thing. It makes them sick. I know some premiers who have made some pretty inflammatory comments about what should be done with these kinds of people. It is good that the legislation is up. Is it groundbreaking? Does it go to the full extent of protecting victims? We have to give credit to the Conservatives, who have been asking for the legislation for years. Finally, it is being recognized in Bill C-16, not just in terms of debate but also in terms of some of the content that we are talking about that is in Bill C-16. Making the murder of an intimate partner first-degree actually came from the Conservative MP for Kamloops—Thompson—Nicola. Expanding the offence prohibiting the non-consensual distribution of sexual deepfakes, digitally manipulated pictures or video using artificial intelligence, came from the Conservative MP for Calgary Nose Hill. Updating mandatory requirements for child exploitation material came from previous Conservative governments. We are pleased to see that the government took its lead from Conservative MPs. To try to frame it now, politically, that Conservatives do not support this or that, somehow, we do not agree with protecting victims is misleading Canadians. That is not the truth. If anything, Conservatives have been leading the charge to actually punish offenders for years. It is now here, but one of the best tools of this institution is committee work. I did not realize that until I got to Ottawa, because committees in the B.C. legislature are different. The Liberal government stacked the committees to, basically, get its own way in terms of votes. Not only is it now a slim margin of votes so that the Liberal government can get everything it wants in a committee, but it actually stacked it even further so that there is no chance of any amendments proposed by any opposition parties. I am talking about the Bloc. I am talking about the Conservatives. The committee is there for a purpose. It is to collaborate. It is to represent the interests and needs of Canadians, the interests and needs of the constituents we represent. The Liberal government is framing this as one of the most ambitious pieces of legislation that has come down the pike in a long time. That is not true. It could have been better. In terms of amendments regarding safety valves, there were six put forward by Conservatives that were all voted down by the Liberal committee members. There was one from the member for Brantford—Brant South—Six Nations that would have narrowed the mandatory minimum safety valves to only apply to offenders with no prior criminal record. There was one from the member for York Centre, another Conservative, that would have required courts to consider only offenders’ actual circumstances, not hypothetical scenarios such as what the court is saying, when assessing the constitutionality of mandatory minimums. It was voted down by the Liberals. There was another one from the member for Brantford—Brant South—Six Nations that would have excluded serious offences, including child sexual offences and major drug trafficking offences, from accessing the mandatory minimum safety valve. This means that we wanted the full extent of the law applied to these offenders, especially drug traffickers, sex traffickers and those having anything to do with violent crime. We should give them not a lesser penalty but the full mandatory sentence. We should keep the full mandatory sentence in play. If we really want to protect women, vulnerable victims and children, we should keep that mandatory sentence. If anyone wants to challenge it, they can challenge it in the courts. The Liberal government is so afraid of being challenged through the charter. If victims or Canadians cannot depend on us as lawmakers to stand up and fight for them, and they cannot depend on the courts, who are they going to depend on? There is nobody left. The Liberals should take on the challenge. The Supreme Court can use a challenge, especially when we are talking about a lesser, weaker sentence for some of the worst offenders in our society. It is getting worse. There were six amendments put together for that safety valve, and each one was voted down. There were two amendments for victims’ rights put together by my Conservative colleagues, and they were voted down by the Liberal committee members. One was put together by the member for Elgin—St. Thomas—London South that would have ensured victims of intimate partner violence and coercive control are notified without delay of release orders or recognizance. It was voted down. There was another one from the same member that would have required the Parole Board chairperson to disclose offender information without delay to the victims of intimate partner violence or coercive control offences. It was voted down. The bill could have been stronger. We could have sent a strong message to the women and vulnerable victims in Canada, saying that we are going to fight for them. We are going to take on the Supreme Court, and if the Supreme Court rules against us, we will think of another fight. Each and every MP could have taken that pledge together, but we did not. The Liberal government backed down at committee through majority votes on each one of these amendments. There were six other defeated amendments. The one put together by the member for York Centre would have protected against charter challenges to child pornography, possession and access offences under sections 7 and 12 by enacting the notwithstanding clause while also preventing these offences from benefiting from the bill’s mandatory minimum safety valve. It was voted down. Four pages of amendments were voted down by the Liberal committee members. There were also amendments ruled out of scope, and each one of these amendments was just trying to further strengthen the bill so offenders could not get away. I know there are going to be lawyers arguing this and fighting for lesser sentences or no sentence at all. I know that. However, as legislators, we are the last stop. We are the last hope. Given that the Liberal government actually took recommendations from Conservatives and implemented them in this bill is commendable. To be truly ambitious, the Liberals should not have voted out the rest of the amendments.
