Mr. Speaker, it is a pleasure for me to speak today on Bill C-32, An Act to amend the Criminal Code and other Acts. For the benefit of those Quebeckers and Canadians listening, I will summarize the four important points that have convinced the Bloc Quebecois to support this bill.
The first establishes more serious offences for placing, or knowinglypermitting to remain in a place, a trap, device or other thing that islikely to cause death or bodily harm to a person. The second permits the use of as much force as is reasonably necessary onboard an aircraft to prevent the commission of an offence that wouldbe likely to cause immediate and serious injury to the aircraft or toany person or property in the aircraft. The third modifies the provision dealing with the provision of informationon oath in relation to weapons. Finally, the fourth creates an exemption to the offence of intercepting privatecommunications in order to protect computer networks.
Clearly, for the most part, the Bloc Quebecois will support the government on this bill, including the new offence about placing traps, for some obviously fundamental reasons.
This is now a scourge. The presence of organized crime in growing marijuana, sold in large quantities on the black market, has led to serious offences. To protect crops in homes or fields, criminals have invented all kinds of systems.
Obviously, the purpose of amending section 247 of the Criminal Code is to create harsher sentences for individuals committing criminal acts and who, by placing traps, cause serious harm to individuals. The Bloc Quebecois can only support the harsher sentencing proposed under section 247 of the Criminal Code.
Currently, this section establishes a maximum five-year term of imprisonment for every one who, with intent to cause death or bodily harm to persons, sets a trap that is likely to cause death or bodily harm to persons, no matter where it might be. Obviously, right now, it is only a five-year term for individuals setting traps and causing death or bodily harm.
The bill before us proposes stiffer penalties. If a trap actually causes harm, there would be a 10-year sentence. If a person sets a trap in a place used for a criminal purpose, the maximum sentence would be 10 years. If a trap set in a place used for a criminal purpose actually causes harm, the maximum sentence would then be 15 years. Finally, if the trap causes death, the maximum sentence would be life imprisonment.
Of course, you will have realized that this bill is based on a request by the International Association of Fire Fighters and other intervenors who have suffered injuries when responding to fires. We are seeing this often in everyday life: many fires are caused by people who grow marijuana for criminal purposes. They do it because it is profitable, of course, but such operations require very substantial electrical systems. Firefighters are responding to more and more fires in these situations. The law must be adjusted to fit the reality, since such operations are being discovered week after week.
The riding of Argenteuil—Papineau—Mirabel is obviously a beautiful area with woods, forests, lakes and rivers. At first, marijuana was only cultivated in corn fields. Now it is grown in the forests, often in privately-owned forests.
Marijuana growers often buy the land, or lease land from dealers who have purchased it. They put up lots of signs saying “Private property—Keep out”. Often, there will be a triggering system that—when someone enters the land—sets off a firearm or another device that could cause bodily harm.
In any event, all this is done by criminals to keep people away, sometimes men and women who simply want to take a walk in the forest.
Obviously, these systems have been refined. Marijuana is now longer only cultivated in corn fields or forests, but more and more in urban areas, inside houses.
So, in order to protect the crops, all kinds of more or less sophisticated equipment is installed to try to discourage visitors and keep away unwanted people. These are often honest citizens who want to visit properties, who knock on doors for whatever reason. That is when they find out who they are dealing with.
Fire fighters and police officers and others who arrive on the scene are confronted with threats to their safety or are injured by traps and other devices designed to keep people out.
It is important to understand this, to strengthen this bill and set appropriate sentences for all of these criminal acts. It is unthinkable that in our society right now there are criminal groups that use devices that harm others in an attempt to protect their criminal investments.
Again, the Bloc Quebecois supports these amendments to section 247 of the Criminal Code to strengthen measures and to apply the maximum sentence, imprisonment for life for any person who causes death by setting a trap or device to discourage visitors.
Obviously, the whole issue of marijuana is complex for people who are following this debate. The cultivation of marijuana is completely illegal. Cultivation is not allowed; however, people do have questions because of legislation passed by Parliament.
People need to understand that there is a certain type of use of marijuana that is permitted. This is the use of marijuana for therapeutic purposes. This use was recognized right here in the House. Legislation was passed to allow individuals who need it to obtain permission to use marijuana for therapeutic purposes.
Obviously there has been so much controversy that, as we speak, even those who have authorization have had it withdrawn. In the next few weeks I shall have an opportunity to bring to the House a petition specifically intended to support those who need marijuana for therapeutic purposes for an illness. We are not talking about just any ordinary sickness, but of serious and fatal diseases. Often these people find comfort in the therapeutic use of marijuana. It is as simple as that, and it is legal.
This is hard for our audience to understand. Marijuana is illegal, growing it is illegal, but there are patients who need it who can obtain permission for its therapeutic use, on a doctor's recommendation.
This has, however, become so complicated that even doctors no longer dare make recommendations. Yet this use is permitted by law for therapeutic purposes, by prescription of course. That is why the Government of Canada has even authorized the government-monitored growing of marijuana to provide a supply on the legal market for patients needing it for therapeutic purposes.
It must be kept in mind, however, that there is currently a whole debate going on at the Department of Justice as well as within the opposition parties on the legalization of marijuana. Marijuana is still illegal. If someone is picked up by the police on simple possession, he or she will end up with a criminal record and all the problems that go with it. Parliament is looking at how marijuana can be made legal. If someone has in his possession an amount of marijuana that is under a certain amount—what is termed simple possession—only for personal use, this would no longer result in a criminal record. It would be decriminalized. This position, which is being discussed in Parliament, will come to pass very soon, or so we hope.
Marijuana is still illegal, however, as is its cultivation. This is particularly the case when it is passed around by people in a group or when criminal organizations are involved.
In that context, I will remind members of the position of the Bloc Quebecois and the very important motions that it proposed when Bill C-24, the anti-gang legislation, was before the House. These motions dealt with those people who grow marijuana and become criminals.
Those who are watching us today must understand. People often think that there is nothing wrong in growing marijuana to earn a little extra cash to make ends meet. However, it is still a criminal activity. When Bill C-24, the anti-gang legislation, was passed, the Bloc Quebecois was calling for much stricter measures for gang members.
We proposed two measures. The first was to criminalize passive membership in a gang. This did not necessarily mean wearing the colours of biker or other gangs, but it applied to those who grow marijuana knowing that it is bought by criminal organizations and sold on the black market through a network and so on.
We wanted Bill C-24, the anti-gang legislation, to criminalize passive membership in a gang, but the Liberal government rejected the idea. Again, this would have sent a clear message to those men and women who may decide to grow marijuana just for fun, to make a little extra cash. Then they expand their operation. They do that in their own home and find it quite amusing. They sell their crop and make some money. Doing that is just like being a member of a criminal organization. Obviously, should the opportunity arise, the Bloc Quebecois would recommend once again that the anti-gang legislation be amended to criminalize passive membership in a gang.
Second, what we wanted, when the anti-gang legislation, Bill C-24, was adopted, was to reverse the burden of proof. Currently, the burden of proof rests on the State or the Crown. People are innocent until proven guilty. What we wanted, once it had been proven beyond all reasonable doubt that an accused belonged to a criminal organization, was for the Crown not to have to prove that the former's assets were the proceeds of criminal activities. We wanted, once it was proven that a criminal was part of a crime gang—so he was automatically considered a member of the gang and as having committed criminal acts—then, for that individual to prove how he had acquired his assets.
Once again, it is too easy for some criminals to get off. It is all too easy for criminals to get off, but they keep their assets because the Crown has not managed to prove that these are the proceeds of a crime.
The solution was simply to reverse the burden of proof. In this respect, the Bloc Quebecois was not alone in making this proposal. This proposal has been adopted by other countries. I will name the other countries that enacted legislation in which the burden of proof with regard to the proceeds of crime has been reversed. They are Australia, Austria, France, Greece, Ireland, Italy, Japan, New Zealand, Singapore, Switzerland and Great Britain. Each of these countries has reversed the burden of proof. More may do so too.
Again, this would be a wake up call for the men and women who, too often, do this for fun. They do not think it is very dangerous to grow marijuana on private land or property belonging to other people, or at home. They make a bit of cash. All this to say that these people are clearly members of criminal organizations. They are criminals.
If Bill C-24, the anti-gang legislation, had been amended the way the Bloc Quebecois wished, these people would have been considered passive criminals. Then, if the burden of proof had been reversed, we would have even been able to get at their assets and say, “You are going to have to prove to us that you acquired all the assets you now possess in some way other than through crime and, if you cannot, we will seize them all: your car, boat, motorcycle and ATV”. Of course, that would cover all the assets these persons might own which they could not prove they had acquired by honest means.
That is the position the Bloc Quebecois is defending and will always defend, with respect to the proceeds of crime.
Once again, with regard to the bill before us this morning, the Bloc Quebecois is in favour of the amendment to section 247 of the Criminal Code whose purpose is to increase the penalties for those who set traps to defend places used for criminal purposes, such as growing marijuana.
This bill also makes it possible to use force on board an aircraft. At present, the Criminal Code of Canada gives any citizen the right to use necessary force to prevent commission of a criminal act. Obviously, what this bill adds is clarification. If you find yourself on board an aircraft registered in Canada, flying outside Canadian airspace, you are permitted to use the necessary force to prevent commission of a criminal act.
Obviously, this is in response to the events of September 11, 2001, and to the Tokyo convention. This authorizes, among other things, the use of necessary force to prevent the commission of a criminal act on board an aircraft.
I will conclude with a comment on intrusion detection systems. In its explanations, the department asks for the power to authorize the use of intrusion detection systems. That could be in conflict with the respect for privacy. The Bloc Quebecois has serious concerns regarding the protection of privacy. We do not want personal information to become the property of the state in such cases.
