What’s happening on the Hill: federal legislation to watch in 2024
What came first: the chicken or the egg? While I’m convinced that God started by creating a chicken, the riddle points to two truths: that eggs come from chickens and chickens come from eggs.
We can ask a similar question in a different and more important area of life. What comes first: laws or culture? Again, the answer to this riddle is that both are true. And that’s why a country’s laws are so important. They not only shape our culture, but they are also symptoms of what our culture wants. Laws are not only signposts of where we are going, but conveyor belts pushing us in a particular direction.
So, where are our laws directing us to go? Well, here are some of the potential laws on a variety of issues that the House of Commons and the Senate will continue to study and debate throughout 2024. The bills that ARPA Canada is actively following can be categorized into bills relating to life, pornography and sexual exploitation, family, and human rights and justice.
Note: In Canada, bills need to go through eleven steps to become law. A bill needs to pass first reading, second reading, consideration in committee, report stage, and third reading in the House of Commons (or Senate) first and then go through the same five steps in the Senate (or House of Commons). Finally, the Governor General must give Royal Assent to the legislation. We mention this so you can know how close the bills listed below are to becoming the law of the land.
Life
Euthanizing the mentally ill
The first one is actually not a bill, but an ongoing discussion. The Special Joint Committee on Medical Assistance in Dying (consisting of both Senators and MPs) is meeting to discuss the expansion of euthanasia to people with mental illness as their sole underlying medical condition. The committee is officially reviewing “the level of preparedness in Canada” to euthanize people with mental illness.
But some MPs and committee witnesses believe Parliament must stop, or at least delay, the expansion of euthanasia to mental illness, which remains scheduled for March 17, 2024. The committee is expected to submit a final report to Parliament, with recommendations, by January 31, 2024.
Euthanizing the mentally incompetent
Another bill, S-248, An Act to amend the Criminal Code (medical assistance in dying), seeks to expand euthanasia still further by permitting advance requests for euthanasia. This means that a person who is worried about losing the capacity to consent to euthanasia may consent weeks, months, or even years in advance. They would just need to pick a random day in the future to be euthanized or declare that they agree to be euthanized if they reach a stated level of decline and have lost the capacity to consent by that point. The bill is awaiting further study at the Senate Standing Committee on Legal and Constitutional Affairs.
Pornography and Sexual Exploitation
Protecting young eyes
Bill S-210, the Protecting Young Persons from Exposure to Pornography Act, prohibits making pornography accessible to young people online and requires pornography companies to verify the age of potential viewers of pornography. Canadians rank 7th in the world for daily porn consumption, and children are exposed to it at increasingly younger ages. This bill is an important step in restricting pornography that is available for children and adolescents. Bill S-210 has successfully passed through the Senate and completed its first hour of debate in the House of Commons on November 23, 2023. It is currently awaiting further debate at second reading in the House of Commons.
Protecting young people
While Bill S-210 prohibits children from viewing pornography, another bill seeks to prohibit a person from making or distributing pornography without first ensuring that those depicted are at least 18 years of age and have consented to their image being depicted.
Online pornography often exploits young people, particularly girls. Bill C-270, the Stopping Internet Sexual Exploitation Act, would make such exploitation punishable by a fine of up to $500,000 or up to two years in prison. Bill C-270 successfully passed through the Senate and, in December, also passed its second reading in the House of Commons, with all Conservative, NDP, and Bloc MPs, as well as several Liberal members, supporting it. It is currently awaiting further study by the National Safety and Public Security Committee.
Better terminology
Bill C-291, introduced by MP Mel Arnold in June 2022, focuses on the issue of child pornography. The bill seeks to replace the term “child pornography” with “child sexual abuse and exploitation material.” While a simple terminology change does not directly combat child pornography, it does shift our society away from viewing child pornography as something that is potentially value-neutral to denouncing it for the abuse and exploitation that it is.
The bill has received widespread support so far, passing unanimously in the House of Commons and passing second reading in the Senate. It is awaiting further study at the Senate Standing Committee on Legal and Constitutional Affairs.
Human trafficking
Finally, a set of bills focus generally on human trafficking. Bill S-263 and C-308 are identical bills in the Senate and House of Commons which would require the government to maintain, update, and report on the progress of its National Strategy to Combat Human Trafficking. The current strategy ends in 2024 but Canada desperately needs to do more – not less – to combat human trafficking.
Both bills have passed first reading in their respective legislatures but have yet to proceed any further.
Family
Spanking bans
Currently, parents in Canada are permitted to use force (e.g. spanking) to correct a child, as long as the force is reasonable under the circumstances. In the past 25 years, at least 14 bills have been introduced as attempts to ban corporal discipline, but none have passed. The government can never replace parents in the life of a child and must not try to do so by legislating how children ought to be raised.
A set of bills – Bill S-251 and Bill C-273 – are the most recent attempts to ban corporal discipline entirely. The Senate bill is currently awaiting further study at the Senate Committee on Legal and Constitutional Affairs, while the House of Commons bill completed its first hour of debate at second reading on November 27, 2023.
Human Rights and Justice
Protecting personal political speech
MP Garnett Genuis introduced Bill C-257, An Act to amend the Canadian Human Rights Act (protecting against discrimination based on political belief), in 2022. An identical bill, bill S-257, was also introduced in the Senate in 2022 by Senator Salma Ataullahjan. Both bills have passed first reading but are awaiting further debate in their respective legislatures. These bills would prohibit discrimination by federally regulated employees against a person because of their political belief or partisan activity, such as, for example, an air traffic controller being fired because he expressed support for a conservative policy on a radio talk show. These bills would help safeguard free participation of all people in public life.
Restorative justice
The Canadian justice system is the focus of Bill S-265, introduced in the Senate in May 2023. Some elements of the bill support pathways for restorative justice as an alternative to incarceration. It would require training for authorities in the justice system regarding restitution and restorative justice programs. The bill also focuses on helping victims of crime navigate the justice system and access information about various services and programs. The Senate has begun to debate the bill at second reading, but it is awaiting further debate.
Conclusion
All of these bills are private members’ bills, meaning that they aren’t given the same priority as government bills to be debated and voted on. And yet, these bills give our representatives in the House of Commons and the Senate the opportunity to focus on critically important issues that the government may be ignoring. Some of these bills would have a negative impact, while others would have a positive impact. Either way, each one has the potential to shape Canadian law. If you are interested in further analysis of any of these bills, please visit ARPACanada.ca for existing analysis or any updates as they develop....
