Bill C-413 (Historical)
Survivor Education Benefits Act
An Act respecting education benefits for spouses and children of certain deceased public safety officers
This bill was last introduced in the 38th Parliament, 1st Session, which ended in November 2005.
Peter MacKay Conservative
Introduced as a private member’s bill. (These don’t often become law.)
Introduction and First Reading
(This bill did not become law.)
October 24th, 2005 / 5:55 p.m.
Gurmant Grewal Newton—North Delta, BC
Madam Speaker, it is hard to imagine. Mr. Cadman was a crusader of criminal justice system reforms under the Young Offenders Act, street car racing, vehicle identification numbers and many other issues which he brought to the floor of the House. He came up with two bills, which we are now debating as government bills, Bill C-64 and Bill C-65.
On the vehicle identification numbers he came up with Bill C-413 and then reintroduced it a couple of times in the form of Bill C-287. Why did the Liberals oppose those bills? The subject matter was there. They were effective bills. A person who had experience in and passion for the criminal justice system reforms drafted those bills. However, the government opposed those bills, but after the confidence vote on May 19 suddenly it became evident to the Liberals that they should come on board and support the bills.
I sincerely doubt the intention of the government. It has no integrity when it comes to its track record on these issues. When my late colleague came up with the bill, the government opposed it. Now it suddenly wants to support it. There is some sort of a catch. I cannot understand what that catch is, but my senses tell me that the Liberals are after political opportunism. There may be a byelection in that riding very soon.
If the Liberals were really sincere about honouring the legacy that Mr. Cadman left behind, they would adopt the bill as it was written by Mr. Cadman. Rather, they are only using the name and the shell, but they have changed the content and have completely watered it down.
I can only imagine from talking to Dane Minor who was a close friend of Chuck Cadman. I worked with Chuck Cadman for almost eight years in the House. We shared so many things together during our campaigns. In our ridings we had joint town hall meetings on crime and other issues.
I could say that he would be disappointed. I am very sure he would have voted against Bills C-64 and C-65 as written by the Liberals.
October 24th, 2005 / 5:30 p.m.
Gurmant Grewal Newton—North Delta, BC
Madam Speaker, I am pleased to rise on behalf of the constituents of Newton—North Delta to participate in the debate on Bill C-64, an act to amend the Criminal Code with respect to vehicle identification numbers.
Bill C-64 would make it a criminal offence to alter, remove or obliterate the vehicle identification number, commonly known as a VIN, on a motor vehicle. The current Criminal Code has no offence that deals specifically with VIN tampering. However, under section 352.2 of the Criminal Code, a tampered with VIN can be proof of property obtained by crime.
Auto theft in B.C. is epidemic. As the member who spoke before me mentioned, we had 37,500 vehicles stolen last year. The RCMP has labeled Surrey, British Columbia, the car theft capital of North America. On a per capita basis, more automobiles are stolen in Surrey than in any other North American city, more than Toronto, more than Los Angeles, and even more than New York City.
Over 6,000 cars are stolen each year in the communities in Surrey. Sixteen cars will be stolen by the end of any given day. Since the time we began speaking on this bill today, some cars have probably already been stolen in Surrey.
Local newspapers jokingly refer to car theft as Surrey's fastest growing industry, but it is no joking matter. Almost all the vehicles stolen are used to commit other crimes.
Stealing a vehicle is one thing, but the thieves then involve that vehicle in other crimes or sometimes in joyriding, often with fatal consequences. So far this year seven people have died in British Columbia as a result of auto theft.
The Insurance Corporation of British Columbia estimates that auto offences cost Surrey drivers $13 million annually.
The RCMP claims that it has done all it can to stop car thieves and now it is up to the courts. We have a court system that is a revolving door. The car thieves take advantage of our weak laws, our laws without teeth, and of the loopholes that exist within the system.
The courts refuse to treat auto theft as a serious crime. The RCMP auto theft task force complains that thieves receive virtually no punishment but a slap on the wrist. In fact, when the punishment is not severe, that becomes a motivation to commit the same crime again. There is no deterrent in place.
Meanwhile, the same individuals are arrested over and over again. One man arrested last summer in Surrey was already facing seven separate trials for auto theft. Another thief was pulled over while driving a stolen car to his court hearing on auto theft charges; he was going to court on auto theft charges and he stole a car to get there. In fact, once a thief stole a car and another thief stole his stolen car.
This crime is so rampant that about half of the 13,000 cases handled by Surrey provincial court last year involved car theft. Ninety per cent involved repeat offenders.
Most car thieves are supporting drug addictions. This was graphically displayed earlier this year when an RCMP bait car equipped with a surveillance camera caught a Surrey car thief on film. The thief was high on crystal meth, which is a serious problem in Surrey. According to a survey, 10% of school students under the age of 18 have used crystal meth. The government is sitting on its hands doing nothing to prevent it or stop it.
The thief, high on crystal meth and waving a gun, sped through our city streets. The image was later seen on news broadcasts across the country.
My former colleague and neighbour in Surrey, member of Parliament Chuck Cadman, sought to address auto theft and assist police by introducing Bill C-413 in March 2003.
He reintroduced his private member's bill in February 2004 and then again in November 2004, as Bill C-287. These two bills, neither of which moved beyond first reading, sought to make it a criminal offence to tamper with vehicle identification numbers.
Now, in introducing Bill C-64, the justice minister invokes the name of Mr. Cadman, saying that the bill is intended as an appropriate tribute to his legacy.
I would like to mention what happens when private members' bills are introduced. Of course we have made some progress in the House, in that at least one private member's bill or motion is votable in the House, but during the days when I was a member of Parliament representing the Reform Party and the Canadian Alliance, when a good idea used to come from a private member, the government would completely mitigate it, reducing the volume, criticize it and oppose it vigorously.
Then, after opposing it, the Liberals sometimes had the audacity to reintroduce the bill if they thought was a good idea. The Liberals have stolen many of my bills, including those on foreign credentials, protection for firefighters and whistleblower legislation. They opposed the bills, but when we continued to raise our voices they stole the bills.
In this case, the government opposed the bill, which they now try to own on their own terms. First they criticize and oppose and then they steal the bill, mess it up and reintroduce it.
However, there are two major differences between Mr. Cadman's bills and the government bill. Bill C-413 and Bill C-287 put the onus on the person charged to explain why he has a vehicle with a stolen vehicle identification number. In contrast, Bill C-64 requires the Crown to prove that a person caught with a stolen vehicle knows that it was stolen.
Bill C-413 and Bill C-287 amended section 402 of the Criminal Code, which deals with fraudulent transactions. In contrast, Bill C-64 amends section 377 of the code, which deals with property offences. It is the same section which now indirectly covers vehicle identification number tampering.
Like Bill C-65, the proposed legislation is a watered down version of Mr. Cadman's initial proposal. In order to better reflect Mr. Cadman's initial desire to create a useful tool for our law enforcement agencies to tackle auto theft and organized crime, the legislation should remove part of subsection 377.1(1) so that the onus is placed on the people caught with an altered vehicle identification number to explain themselves, as was the original intention of Chuck Cadman.
While the Insurance Bureau of Canada is pleased that the government is finally moving on vehicle registration numbers, it is seeking specific amendments to the Criminal Code that would impose tougher penalties for auto theft, including mandatory minimum prison sentences, to send an even stronger message that auto theft is treated more seriously than property crime.
According to an Insurance Bureau spokesperson:
Right now, auto theft is seen by criminal organizations as a relatively low-risk, high-profit activity to raise funds for additional activities. Far from being a victimless crime, auto theft is an inherently violent criminal offence that has a devastating impact in communities right across the country in terms of fatalities and injuries, not to mention the cost to insurance policyholders. The evidence of the impact of auto theft is clear.
Statistics from the Insurance Bureau show that the rate of car theft is 64% higher than it was a decade ago. I do not know how the Liberals can stand there and say the crime rate is falling. Either they do not know the figures, they are manipulating them or the calculations are done differently over there. Statistics from the Insurance Bureau show that the rate of car theft is 64% higher than it was a decade ago.
While the rate of recovery of stolen vehicles in the early 1990s was 95%, today it sits at 60%. The decline in the recovery rate can be attributed to the proliferation of organized vehicle theft.
Organized criminal groups make a profit by exporting stolen vehicles to foreign countries or selling their parts. Because the parts of a car are sometimes worth more collectively than an intact car, many stolen cars are delivered to chop shops. These shops specialize in stripping cars, disposing of identifiable parts and selling others through a national network. Chop shops can meet the demands for parts more quickly and typically more cheaply than legitimate parts dealers.
Like the most recent trend in human identity theft involving frauds such as credit card fraud, bank fraud or other financial frauds, the trend is the same in auto identity theft. A VIN is just like DNA, but the thieves can remove it skilfully.
It is hard work. Thieves know that the vehicle identification number is unique and different on every car. First, they copy the vehicle identification number from the Internet, from car dealerships or from cars in malls or junkyards. They make perfect duplicates of the vehicle identification number plates and paperwork. Finally, they steal a similar car and replace its VIN with the copied one. Now the car has been cloned. The stolen car can no longer be identified as stolen; it has a new identity. This crime is highly profitable and very low risk and the chance of getting caught is slim to none.
Experts estimate that there are currently about 50,000 cloned cars in North America, but the number is growing by leaps and bounds. This type of crime only further emphasizes the need for a vehicle identification number tampering law.
I will conclude by saying that it is time this Liberal government did something about auto theft. The Conservatives have consistently supported the efforts of Chuck Cadman in tackling this issue by supporting him on this bill. The Liberals, on the other hand, did not support his bills when he was a caucus member of the Reform Party, the Canadian Alliance or the Conservative Party. They only decided to support the legislation after Mr. Cadman voted to save the Liberal government in the confidence vote on May 19 of this year.
My riding is next to the Surrey North constituency. My constituents are mad. They are very upset that the Liberals are trying to gain politically by using Chuck Cadman's name while watering down his legislation. If the Liberals really wanted to honour Chuck Cadman or his legacy, they should have introduced the bill with the same wording and with the same intent that Mr. Cadman had in mind.
I have a friend, Dane Minor, who was a very close friend of Chuck Cadman and is still a good friend of the Cadman family. He worked with Chuck from the beginning when Chuck helped to found CRY. He had known Chuck for a long time and knew him well. He said in a letter, and I do not have a copy of his letter with me, that he was encouraged when he first saw that the Liberals were reintroducing Chuck's bill in the House, but when he saw the content of the bill, he said that he was mad as hell. He is disappointed that the Liberals are using Chuck's name on a watered down version of the bill.
Legislation making it a criminal offence to tamper with a vehicle identification number could provide law enforcement with another tool to use in its battle against auto theft. It would also serve as a deterrent to criminals. Other countries have had similar legislation in place for years. It is about time that we did the same, but in the right way.
Bill C-64 is not as good as the private member's bill on which it is modelled. I recommend that it be amended suitably. If it is, the bill should help tackle organized crime and auto theft by giving enforcement agencies another tool.
I used to be a member of the subcommittee on organized crime. I had the opportunity to have lots of meetings with the Vancouver Port Authority, the RCMP, the border patrol and many other law enforcement agencies. They told the subcommittee that organized crime is on the increase to the extent that if they have 10 leads on different organized crimes, they do not have enforcers to even follow up with one of those leads.
The criminals have state of the art technology, whereas our law enforcement agencies are struggling to maintain their old equipment, thanks to the cuts made by the Liberal government.
We have to give our law enforcement agencies the tools, resources, manpower and the equipment so that they are light years ahead of the organized criminals. Unfortunately, they are light years behind the state of the art technology that organized criminals are using. Whether it is a marijuana grow op, crystal meth, ecstasy or any kind of drugs that infiltrate the younger society, the government has absolutely no control over it. The hands of the law enforcement agencies are tied. As my colleague mentioned, the Liberals have taken the handcuffs from the criminals and put them on the hands of the judges.
I urge the House that until the bill is amended, we should look into it and make every effort to make it strong. Again, the Liberals should use the original bill the way it was designed if they really want to honour the legacy. Otherwise they should stop using the name of Chuck Cadman.
October 20th, 2005 / 5:05 p.m.
Mark Warawa Langley, BC
Mr. Speaker, it is an honour to rise again in the House and speak to what is being touted as the government's bill to honour our former colleague, Chuck Cadman.
I remember a few months back being at the funeral honouring Chuck. The Prime Minister was there along with many of us to honour and remember Chuck. There was a promise made at his funeral that the Prime Minister would bring Chuck's bills before the House to honour him. That made many of us very happy because Chuck had introduced numerous bills over the years. Of course his wife, Dona Cadman, and his family were there, so it was wonderful to hear that the Prime Minister was going to do that in Chuck's memory.
Chuck in dealing with auto crime had presented some bills in the House. Bill C-413 was introduced in March 2003 and then was reintroduced in February 2004 and Bill C-287 was introduced in November 2004. Unfortunately the government never did support those bills of Chuck's regarding VIN altering.
Today we have been dealing with Bill C-65 on street racing and Bill C-64 on vehicle identification altering. However, our excitement that the Prime Minister was going to do the right thing was short-lived. There was a comment made by the justice minister that these bills were invoked in the name of Mr. Cadman saying that they were intended as an appropriate tribute to his legacy.
Chuck Cadman worked very hard to make Canada a safer place and to fight for victims' rights. He did an incredible job. Some of us here still have that passion to work for Chuck. It is unfortunate that Chuck did not see those bills passed while he was with us.
On October 1 a local newspaper, Now , ran an article titled “Chuck's bill likely to be law”. The community was excited that Chuck's bills were going to become law, that the Prime Minister was going to keep his promise. People were excited. Then we looked at the bills and found that they were not Chuck's bills at all. The government was using Chuck's name and had altered and watered down his bills. We became very disappointed.
Dane Minor was Chuck's campaign manager and worked for years with Chuck. He wrote a letter to the editor about Chuck's bills becoming law. It stated:
I read this article with a growing sense of disgust. Several weeks ago the prime minister announced on the front pages of national and local papers that his government would pass Chuck's private member bill into legislation as an honour to Chuck. My immediate reaction was a positive one. It would be a fitting memorial to Chuck. Then the justice minister announced his watered down version. This isn't Chuck's bill in either intent or design. It is a cynical attempt by the Liberals to use Chuck's good name while doing little or nothing to change the existing laws.
One of the things that drew Chuck into the political arena in the first place was a visit by a former justice minister to supposedly discuss the Young Offenders Act with Chuck. The man blew into town, spent five minutes getting his picture taken shaking Chuck's hand and went back to Ottawa saying meetings with victims showed his government cared about victims and the faults of the YOA. Chuck was disgusted and it was incidents like these that led him to become a MP to truly change things.
This “new” legislation from the Liberals is the same type of political stunt. [The] Justice Minister...said his government tweaked both bills to comply with the Charter of Rights and Freedoms and address “operational deficiencies”.
There is a word here I will not repeat.
Chuck had one of the best legal advisors in Ottawa on his staff and his bills were well within the Charter. The ultimate ridiculousness of [the justice minister's] version was the reason for removing penalties for repeat offences: “because the police across this country don't have tracing or tracking records so we would know if it was a first, second or third tracking offence.”
If the Liberals truly want to honour Chuck Cadman I suggest they pass his laws as written and actually give the police the resources to find out how many previous offences there were. If they don't have the courage to do that, at least have the decency to stop using his name in a self serving bid to gain political points.
That was from Dane Minor's letter. I phoned Dona shortly after that. I asked Dane if it was okay to read the letter in the House and he said yes. I asked Dona if she was okay with that and she said yes too. She asked the House not to present Mickey Mouse watered down bills but to pass Chuck's bills the way Chuck had written them. They were good bills. If we pass the Liberal bill, all it does is protects the criminals. That is what I heard from Dane and Dona.
For years I was involved with dealing with auto theft. Like Chuck, I spent a number of years working for ICBC and I dealt with crashes and auto crime.
I found some very interesting statistics on auto crime. The typical auto thief is a 27-year-old male. He is addicted to crystal meth. He has 13 prior criminal convictions and he is stealing the vehicle to commit another offence.
There are auto thieves who are stealing the car for a joyride. Some steal cars for transportation to get from point A to point B, some to their court hearing. There are some kids who steal vehicles. There are vehicles being stolen by organized crime. Primarily the number one offender is the typical thief who is addicted to crystal meth and is stealing it to commit another crime.
The bill presented by the government as a bill to honour Chuck, this watered down version which I do not support because of why the Liberals have done it, is to deal with the changing of the vehicle identification number. That can be done in a number of different ways and it is connected with auto crime, with organized crime.
It is a small minority of the vehicles that are being stolen. Last year there were 170,000 vehicles stolen. The Insurance Bureau of Canada says that it is costing Canadians over $1 billion a year. When we include the police costs and the loss to Canadians it is $1 billion a year for auto theft. A portion of those are vehicles that are being stolen to change the VIN. What kind of theft is that? What do they do with the vehicles? Why are they changing the vehicle identification numbers?
Some of them steal the car to sell it for parts. We have heard that. That is a percentage of them. They will take the car apart and sell the pieces. A lot of the new vehicles, in fact most of them, have a VIN attached to every panel and every fender. Every component in the car will have the VIN hidden on it. That is something we may want to consider.
If we are talking about amending the bill to make it a bill that would work, we are talking about altering on a vehicle but it could be a vehicle or components of a vehicle. That is a big problem. The car is stolen and then parted out because the thief thinks that the parts are not traceable. Another way that organized crime operates is to steal an expensive vehicle, alter the VIN and then sell it.
I have constituents in my riding of Langley who bought a motor home. It was their dream to buy a motor home. They bought it from a reputable dealer, or so they thought, and it turned out to be a stolen vehicle, a vehicle that had an altered VIN. My constituents had taken out a mortgage. They were going to sell their house. The motor home was going to be their home. It was a beautiful $140,000 motor home. It turned out to be stolen. It was taken from them.
The province of B.C. refunded the PST because of the fraudulent VIN. My constituents had done the due diligence. They did a check on the vehicle and everything was fine. They had it checked out, but it turned out to be a stolen vehicle. The VIN had been changed to the legitimate VIN of a vehicle that was not stolen.
This is all too common. Thieves will steal the registration from another vehicle. The registration has a VIN. The thieves will put that legitimate VIN from a vehicle that is not stolen onto the stolen vehicle so the buyer does not realize it is a stolen vehicle. My constituents bought the vehicle. Unfortunately, it was taken back. The police found it.
I wonder if I am going over my time, Mr. Speaker, because I am getting some heckling from my honoured colleagues across the way. I would ask them to be patient.
Survivor Education Benefits Act
June 20th, 2005 / 3:20 p.m.
Peter MacKay Central Nova, NS
moved for leave to introduce Bill C-413, An Act respecting education benefits for spouses and children of certain deceased public safety officers.
Mr. Speaker, this is a bill I believe that would be considered a very compassionate one and one that I believe most Canadians and all members of Parliament should be quick to embrace.
It is an act respecting education benefits for spouses and children of certain deceased public safety officers. It would permit the minister, in most cases the Minister of Public Security and Emergency Preparedness, to grant an education benefit of a financial nature to a surviving spouse or children of public safety officers who die from injuries received or illnesses contracted in the discharge of their duties.
The bill is very much aimed at helping grieving widows, spouses and children of those killed in the line of duty. I would hope that all members would very much support this bill.
(Motions deemed adopted, bill read the first time and printed)