Tuesday, December 10, 2024

The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its

THIRTY-THIRD REPORT

Your committee, to which was referred Bill C-321, An Act to amend the Criminal Code (assaults against persons who provide health services and first responders), has, in obedience to the order of reference of Thursday, May 30, 2024, examined the said bill and now reports the same without amendment but with certain observations, which are appended to this report.

Respectfully submitted,

Observations to the Thirty-third Report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill C-321)

Your committee observes that there is a serious and growing increase in acts of violence against first responders and persons who provide health services acting in the performance of their duties. Compounding this concern is the consistent observation from witnesses that it is remarkably difficult for first responders and persons who provide health services to report on these incidents of violence, to have them meaningfully addressed, and to feel meaningfully supported. There is an urgent need for cultural and professional change to address this problem, from employers, regulators, the criminal justice system and all orders of government. First responders and persons who provide health services are in need not only of the legislative framework of this bill, but also emotional and social acknowledgment in their workplaces for the difficulties that they face from violence and the threat of violence.

While all witnesses who appeared before the committee indicated that Bill C-321 was a positive step, the committee observes that this bill aims to increase penalties without addressing the underlying systemic and societal issues that contribute to increases in these forms of assaults. Criminal law changes are not an alternative to full supports and efforts towards addressing the systemic underlying causes of increased criminalization and the many social determinants of justice linked to safer communities, prevention of crime, and better outcomes for all, particularly those overrepresented in the criminal legal system. Indeed, without such measures, criminal law changes risk resulting in further overrepresentation in the criminal legal system of those most marginalized. All orders of government need to invest in the reforms called for by the National Inquiry into Missing and Murdered Indigenous Women and Girls Calls for Justice, the Truth and Reconciliation Commission of Canada Calls to Action, the recommendations of Canada’s Black Justice Strategy and the recommendations of the Mental Health Commission of Canada.

The committee has consistently observed that the Criminal Code has been amended in a piecemeal manner for many decades and has become cumbersome, sometimes repetitive, or inconsistent, and is in need of comprehensive reform (see, for instance, the committee’s 2017 report Delaying Justice is Denying Justice at pages 41 to 43). The committee repeats its past recommendation that an independent body should undertake a comprehensive review of the Criminal Code. The revived Law Commission of Canada could undertake such a review, which should include a study of all provisions in the Code that pertain to crimes against vulnerable persons.