Dear Friend,
Household rules exist to let everyone in the family know how to behave. They reflect the core convictions that parents want to teach. Whether it’s being grounded for one week or just getting a verbal reprimand, our children learn the gravity of their offence by the severity of the punishment.
In the same way, Canada’s Criminal Code reflects our collective understanding of justice and public morality – principles governing the way we should live, conduct ourselves and be treated by others. Amendments to the Criminal Code imply a shift in these principles. That’s what’s at stake with Bill C-75.
In Canada, we have two types of criminal offences: summary and indictable. Summary offences (like trespassing, for example) are considered relatively minor offences and carry lesser penalties. Indictable offences are serious criminal offences and carry harsher punishments.
There are also offences where the Crown gets to choose whether to prosecute the offence as a summary offence or as an indictable offence. These are known as “hybrid offences.” Electing to proceed summarily would mean a less severe punishment – a smaller fine or a shorter prison sentence – if there is a conviction.
In March 2018, the government introduced Bill C-75, which proposes sweeping changes to the Criminal Code. It aims to reduce court delays in our criminal justice system by hybridizing many indictable offences, giving the Crown the option to prosecute them summarily. This could lead to more cases being handled by the “lower” provincial courts, freeing up the superior courts to deal with more serious cases.
However, some of these efficiencies come at a cost. Are we prepared to pay?
Bill C-75 targets indictable offences that are currently punishable by up to 10 years in prison. These include impaired driving causing bodily harm, abduction of a child under the age of fourteen, forced marriage, advocating genocide and material benefit from human trafficking, just to name a few. Bill C-75 would make it possible for these serious crimes to be tried as summary offences. Upon conviction, offenders may only get mere fines – a slap on the wrist! What an insult to the victims of these grave offences!
Some of the proposed changes involve biblical principles such as care for the vulnerable and respect for human life and dignity. In light of what’s at stake, the EFC is urging the government to amend Bill C-75 by repealing the clauses that propose to hybridize the following offences:
Sexual exploitation
Human trafficking is an indictable offence under Section 279 of the Criminal Code. In Canada, sexual exploitation makes up the majority of all reported human trafficking cases. Women and girls as young as 13 years of age are being forced into prostitution – exchanging sex for food, shelter, drugs, alcohol or money, and in many cases, for nothing at all.
Human trafficking, and all forms of sexual exploitation, constitute a grave violation of human rights, including the rights of women and children to live free from violence. Such crimes are all the more grievous because they are enacted against people loved by God and created in His image. The gravity of offences related to human trafficking and sexual exploitation must continue to be reflected in our laws and policies. As such, the EFC is urging the government not to hybridize such offences.
Child Protection
Children are among the most vulnerable members of Canadian society. Children and youth are particularly vulnerable to mistreatment and exploitation. Indictable offences like the killing of infants, neglect to obtain assistance in childbirth and abduction of a child under the age of 14 should not be hybridized. There should be no option to prosecute these offences summarily.
Obstructing or violence to or arrest of officiating clergy
Under Section 176 of the Criminal Code, it is an indictable offence to use threat or force to obstruct a clergy or minister from celebrating a worship service or carrying out any other duties related to his job – leading a prayer meeting, delivering a sermon, conducting a funeral or administering the Lord’s Supper, for example. Last year, the EFC successfully opposed legislation that would remove this criminal code protection. Now, Bill C-75 proposes to make this a hybrid offence.
We believe that offences against religious officials and people at worship are unique in character, in significance and in motivation. The current climate of increased incidents of hate, specifically at places of worship, supports that religious leaders may need more, not less, focused protection.
The legitimacy of the criminal law lies in it being a reflection of the sentiments and valuation of Canadians. We believe that some of the proposed changes devalue human life and dignity, care for the vulnerable and freedom of religion. We are committed to advocating for these biblical principles. We have already made a written submission and an oral presentation to the Justice Committee, and will continue to talk with MPs regarding our concerns. Will you stand with us? Please consider supporting us with your prayers and your financial gift today!
Sincerely,
Bruce Clemenger
President