OTTAWA - The opposition has called it misguided, at least two provinces have vowed not to pay for it and the Canadian Bar Association has done its darnedest to get the Conservatives to listen to reason.
Still, the controversial omnibus crime bill cleared the Commons Monday evening, just 45 sitting days after it was first tabled.
The Safe Streets and Communities Act - a hodgepodge of nine justice bills, most of which were defeated in previous Parliaments when the Conservatives were in minority status - easily passed thanks to the government's new majority in a vote of 157 to 127.
"Parliament has seen and debated these measures, some of them for as long as four years," Justice Minister Rob Nicholson said earlier in the day as he called on all MPs to unanimously support the measures - even though this was no longer necessary, nor likely to happen.
"The time for talk is over. The time for action is now."
The government fast-tracked the bill through the Commons, invoking closure every step of the way to limit debate, and Nicholson expressed hope that the bill also would move through the Senate expeditiously.
It is likely to pass second reading before Parliament breaks for the holidays and the Senate committee on legal and constitutional affairs will begin hearing from stakeholders and examining the bill clause-by-clause in the new year.
Bill C-10 is poised to become law by March 16, the 100th sitting day of the 41st Parliament.
The Senate, however, will need to consider six government amendments proposed by Public Safety Minister Vic Toews at the 11th hour following consultations with stakeholders after House Speaker Andrew Scheer ruled them out of order.
Nearly identical to some of the 38 proposals tabled by Liberal Justice critic Irwin Cotler, the amendments aimed at strengthening provisions that allow victims of terrorism to sue their perpetrators were rejected by a Commons committee.
The late day flip-flop raised the ire of the opposition, which argued this was an abuse of democracy and proof the government was pushing the bill through without adequate debate.
Cotler, who was justice minister under Paul Martin, said Monday that he has spoken with his colleagues in the Senate and has suggested a number of other amendments for the opposition to bring forward.
"I do hope that maybe the government will say, 'Okay, the Senate is the chamber of sober second thought,' and maybe they'll give it that sober second thought, revisit some of their own legislation and see that it gets improved by the Senate deliberations," he said, noting the government does, however, also have a majority in the Senate.
"The way they exercised their majority in the House, I'm not confident that they're going to do things differently in the Senate, but there's always hope."
Cotler said the biggest "holes" in the bill include the fact that it contains no protection for the mentally ill, that some of the provisions are "constitutionally suspect" and could end up being challenged in court and that changes to the International Transfer of Offenders Act give the minister of public safety unfair and arbitrary powers.
NDP Justice critic Jack Harris said Monday that it's a shame the government didn't listen to experts. He argued abolishing conditional sentences for many crimes fails to take into account special circumstances and will lead to more crowded prisons, that restricting pardons will hurt those who've turned their lives around and that many of the costs associated with the bill remain a mystery.
"I don't think it's going to lead to safer streets. In fact, it may lead to more crime and recidivism," Harris said.
"I think this government is making a big mistake and the next government is going to have to fix those mistakes and undo the damage that has been done."
The NDP has no Senators and therefore will not be proposing any amendments during the next stage.
The House of Commons will have final approval over any amendments made by the Upper Chamber.
While few question parts of the bill that deal with support for victims and penalties for child sexual offences, the opposition has vehemently opposed parts that deal with mandatory minimum sentences for marijuana production and a harsher approach to young offenders, those seeking pardons and Canadians imprisoned abroad who are looking to serve their sentences in Canada.
Other critics, including the Canadian Bar Association and the John Howard and Elizabeth Fry societies, have railed against the bill for favouring incarceration over rehabilitation and reintegration and argue it's based on a failed American model that has led to a prison crisis due to overcrowding.
Meanwhile, Quebec and Ontario have said they won't pay for the provisions they argue will be inevitably downloaded.
In noting his support for Bill C-10, Chief Dale McFee of the Canadian Association of Chiefs of Police also indicated that there is a need for both a hard and soft approach to criminal justice, though he doesn't like speaking in such terms.
"The reality is we're not going to arrest our way out of our troubles, but we're not going to stop arresting," he said, noting C-10 gets tough on serious criminals who need to go to jail.
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* Increase minimum sentences for sexual offences against children to one year from 45 days in prison for indictable offences and 90 days from 14 for summary convictions. The bill also sets minimum sentences for incest, bestiality, child pornography and public indecency.
* Create two new offences: providing sexually explicit material to a child for the purpose of engaging the child in a sexual offence, and using the Internet, or any other telecommunication device, to arrange a meeting with a child to commit a sexual offence.
* Set a minimum sentence of one year in prison for those convicted of drug trafficking and who are tied to organized crime, are repeat offenders or who used violence during the commission of the offence. The minimum sentence becomes two years for trafficking drugs on or near school grounds or other public places frequented by children. Importing drugs will also carry a one-year minimum sentence.
* Double the maximum sentence for marijuana production to 14 years and impose a minimum six-month sentence for the production of between six and 200 plants. Minimum sentences increase depending on the number of plants involved and whether there is intent to traffic.
* Date rape drugs and amphetamines would become Schedule I drugs, resulting in higher maximum penalties when used in the commission of an offence.
* Develop a cost-benefit analysis of mandatory minimum sentences to be conducted after five years and a report, including recommendations, that will be submitted to Parliament.
* Rename the "National Parole Board" the "Parole Board of Canada" and increase to 60 from 45 the number of full-time members.
* Allow victims of terrorism since 1985 to sue perpetrators of terrorism and their supporters, including certain listed foreign states.
* Entitle crime victims access to the name and location of the prison where the offender is serving their sentence, the reasons behind any transfer, what re-integration programs the offender has participated in and details of any serious disciplinary offences the offender has committed. The bill will also enshrine the victim's right to participate in parole hearings.
* Ensure violent and repeat young offenders are held accountable and that the protection of society remains paramount. Under the legislation, the courts may consider lifting publication bans on the names of young offenders convicted of violent youth offences.
* End conditional sentences - house arrest - for serious crimes including sexual assault, human trafficking, arson, break and enter, child-luring and kidnapping.
* Replace the term "pardon" with "record suspension" and extend ineligibility periods from three to five years for summary convictions and five to 10 years for indictable offences.
* Toughen the International Transfer of Offenders Act by requiring the minister to consider whether an applicant might endanger public safety, continue to engage in criminal activity or endanger the safety of any child before deciding unilaterally whether to repatriate the individual.
* Allow immigration officers to refuse work permits to vulnerable foreign nationals if it's determined they might be subject to sexual exploitation or human trafficking.
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