An Act to amend the Criminal Code (auto theft and trafficking in property obtained by crime)

This bill was last introduced in the 40th Parliament, 2nd Session, which ended in December 2009.

Sponsor

Rob Nicholson  Conservative

Status

In committee (Senate), as of Oct. 29, 2009
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Criminal Code to create offences in connection with the theft of a motor vehicle, the alteration, removal or obliteration of a vehicle identification number, the trafficking of property or proceeds obtained by crime and the possession of such property or proceeds for the purposes of trafficking, and to provide for an in rem prohibition of the importation or exportation of such property or proceeds.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Criminal CodeGovernment Orders

May 5th, 2009 / 5:20 p.m.
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Conservative

The Deputy Speaker Conservative Andrew Scheer

I will have to stop the hon. member there to allow time for the hon. member for Newton--North Delta to respond.

Criminal CodeGovernment Orders

May 5th, 2009 / 5:20 p.m.
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Liberal

Sukh Dhaliwal Liberal Newton—North Delta, BC

Mr. Speaker, when it comes to the legislation, tougher laws are part of the process and we should all support that. At the same time, we need to ensure we have the resources.

The hon. member from Winnipeg South Centre, who sits beside me, is committed to the people of Manitoba. She brings issues forward and we all collectively work together to ensure the lives of the people in Manitoba are taken care of. We are here to duly represent our constituents.

Criminal CodeGovernment Orders

May 5th, 2009 / 5:20 p.m.
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Conservative

Brent Rathgeber Conservative Edmonton—St. Albert, AB

Mr. Speaker, I am encouraged by the member's comments indicating that he will be supporting Bill C-26.

I specifically would like to know if he is supportive of the minimum mandatory sentences that would impose a minimum jail sentence of six months incarceration for a third or subsequent offence. Does he think that will help in the fight against auto theft in cities such as Surrey, which he represents, where organized crime has been out of control for quite some time now?

Criminal CodeGovernment Orders

May 5th, 2009 / 5:20 p.m.
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Liberal

Sukh Dhaliwal Liberal Newton—North Delta, BC

Mr. Speaker, I was happy to see the member for Edmonton—St. Albert in beautiful British Columbia listening to people telling him about crime in my community.

Whenever the issue of crime has been raised in the House, irrespective of who or which party raised it, I have always stood in my place in support of being tough on crime. I have always supported that initiative.

Criminal CodeGovernment Orders

May 5th, 2009 / 5:20 p.m.
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Liberal

Mark Holland Liberal Ajax—Pickering, ON

Mr. Speaker, the RCMP plays an important role in front line policing in British Columbia. I wonder if the member could comment on the Conservative government's broken promise to give pay parity to the RCMP officers to ensure they are paid the same as any other officer and how that might impact morale?

Criminal CodeGovernment Orders

May 5th, 2009 / 5:20 p.m.
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Liberal

Sukh Dhaliwal Liberal Newton—North Delta, BC

Mr. Speaker, when it comes to our first responders, particularly the RCMP officers, they cannot raise their own voices because they do not have a union. Their first and foremost priority is saving the lives of Canadian citizens and protecting us and making us safer.

I find it shameful that the Conservative government has withdrawn its support for a raise in pay for these hard-working police officers. I personally see the government--

Criminal CodeGovernment Orders

May 5th, 2009 / 5:20 p.m.
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Conservative

The Deputy Speaker Conservative Andrew Scheer

Order, please. Resuming debate. The hon. member for Winnipeg South Centre.

Criminal CodeGovernment Orders

May 5th, 2009 / 5:20 p.m.
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Liberal

Anita Neville Liberal Winnipeg South Centre, MB

Mr. Speaker, I am pleased to have the opportunity to speak to this bill, however brief, as I see the clock is moving quickly toward the end of the day.

Much has been said today about the situation of the high auto theft in the city of Winnipeg. I was pleased to be here in Ottawa to hear the delegation that came from Manitoba in September of 2007. We have heard many references to the mayor of Winnipeg attending but many more were with him. The premier was with him, the leaders of the opposition parties were with him, the leaders of the aboriginal community, the mayor of Brandon and several members of the community who had been affected by auto theft and auto crime.

They came forward and had a whole series of representations to make to those they met and they had several meetings here, but a good deal of it focused on auto theft. They asked, quite specifically, for tougher penalties for those involved in serious crimes, particularly motor theft, and they asked, very specifically, to have auto theft made an indictable offence.

On my return to Winnipeg, I began a series of consultations in the community, meeting frequently with the District 6 Police of the Winnipeg Police Force in my own riding, meeting with community members who were involved with crime prevention and meeting with many of the perpetrators of the crimes in a round table with young people involved in auto theft. I heard various interesting things.

We have heard much today about the numbers in auto theft. I have the most recent ones taken off the website today from the Winnipeg Police Department. The combined actual and attempted auto thefts from the beginning of January until yesterday were 1,522, compared to approximately 2,700 last year. Indeed, the numbers are going down and they are going down, as we have heard earlier, because of initiatives taken by the province, initiatives like the immobilizer prevention programming, intervention programming, suppression programming and consequences for young people, which often includes a lifetime suspension of a driver's licence for repeat offenders.

When that delegation came from Manitoba, they asked the federal government to act. They asked the federal government, as I indicated earlier, to make auto theft an indictable offence and to respond with stiffer penalties.

The government took a very long time in responding. I know you, Mr. Speaker, introduced a bill, which I was pleased to support, at one time. I also was pleased to have the opportunity to introduce a private member's bill. However, because of my place on the order paper, my bill has yet to be brought forward in the House. It is Bill C-526, which I introduced originally in March 2008. My bill asked that a person who commits a motor vehicle theft for a second or subsequent offence be guilty of an indictable offence and liable to a prison term not exceeding 10 years and would require a mandatory minimum sentence of a year.

I am not, for the most part, someone who endorses mandatory minimums. I think that prevention is equally important. However, I saw first-hand, when I met with this group of young people in a round table, what the impact of the prospect of going to jail had on them and the efforts that they were willing to make through remedial action, programming and supports in the community that would ultimately turn their lives around.

I was quite stunned when I heard a young man say that at the height of his car theft activity he and a partner were stealing up to 21 cars a day. I am not quite sure how they physically managed it but that is what he indicated to me. I asked him why he was here, why he was taking the program that he was and what was he doing. He described the program he was taking. He described the job opportunity that he had and described the fact that he now had a son and wanted a better life for his son.

Therefore, coupled with the requirements for the prospect of incarceration, there must be the opportunities for remediation prevention.

Criminal CodeGovernment Orders

May 5th, 2009 / 5:25 p.m.
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Conservative

The Deputy Speaker Conservative Andrew Scheer

Order please. The hon. member will have four and a half minutes left to conclude her remarks the next time the bill is before the House.

Criminal CodeRoutine Proceedings

May 6th, 2009 / 3:10 p.m.
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Liberal

Borys Wrzesnewskyj Liberal Etobicoke Centre, ON

moved for leave to introduce Bill C-380, An Act to amend the Criminal Code (hate propaganda).

Mr. Speaker, I am pleased to table my private member's bill, an act to amend the Criminal Code regarding hate propaganda.

The bill seeks to expand the definition of “identifiable group” under hate propaganda provisions of the Criminal Code to include any section of the public distinguished by gender.

Currently the law states that it is prohibited to propagate hate against an individual because of colour, race, religion, ethnic origin or sexual orientation. However, it is not against the law to propagate hate against individuals because of their gender.

By enacting this important improvement to the Criminal Code, Parliament can begin to address the serious issue of promoting hatred and violence against women or men.

This amendment should have been made long ago. It is my sincere hope that my colleagues on all sides of this House will support this long overdue initiative.

(Motions deemed adopted, bill read the first time and printed)

Criminal CodeRoutine Proceedings

May 6th, 2009 / 3:10 p.m.
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Liberal

The Speaker Liberal Peter Milliken

There seems to be a discussion going on at the far end of the chamber, which is creating a lot of noise. I would urge hon. members to carry on their discussions in the lobby. It is available, and I am sure they will find it much easier to chat there rather than yelling across the House here.

The House resumed from May 5 consideration of the motion that Bill C-26, An Act to amend the Criminal Code (auto theft and trafficking in property obtained by crime), be read the second time and referred to a committee.

Criminal CodeGovernment Orders

May 6th, 2009 / 3:30 p.m.
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Liberal

The Speaker Liberal Peter Milliken

When this bill was last before the House, the hon. member for Winnipeg South Centre had the floor. There are four and a half minutes remaining in the time allotted for her remarks.

I therefore call upon the hon. member for Winnipeg South Centre.

Criminal CodeGovernment Orders

May 6th, 2009 / 3:30 p.m.
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Liberal

Anita Neville Liberal Winnipeg South Centre, MB

Mr. Speaker, I want to use a bit of the time remaining to conclude my remarks. I want to make it clear that I support Bill C-26.

We heard much yesterday about the high incidence of auto theft in the city of Winnipeg. We also heard yesterday that both the attempts and the actual theft of cars was being reduced, through a host of measures that had been undertaken by the provincial government and the police department of the City of Winnipeg.

However, I am pleased this legislation has come forward. It is long overdue. The leadership delegation from Manitoba came here 16 months ago to ask for auto theft to be made an indictable offence. The response was another piece of legislation, which really did not address the issue. The Prime Minister, as most are aware, came to Winnipeg and announced a bill, but it did not create a distinct offence for vehicle theft. It dealt with the VIN and the trafficking of stolen property.

The legislation is long overdue. As I indicated yesterday, in March 2008 I introduced a private member's bill, which went substantially further than this bill. I called upon auto theft to be an indictable offence, with a mandatory minimum sentence of one year after a second offence.

I am pleased to see the legislation here. I am pleased offer my support for it. I hope it will move through the House in a timely manner and that there will be an opportunity for colleagues to discuss it further in committee.

I want to emphasize the importance of prevention programs as well. There have to be consequences for the offence, but there also have to be prevention programs. We know the provincial government is doing this. It is incumbent upon the federal government to provide the support and resources for the provinces to do what they must do. It is important for the federal government not to disengage from anti-gang activity or programs that do not deal with violence in communities.

Prevention is equally important, but there have to be consequences to the action.

Criminal CodeGovernment Orders

May 6th, 2009 / 3:35 p.m.
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Bloc

Marc Lemay Bloc Abitibi—Témiscamingue, QC

Mr. Speaker, I have listened carefully to my colleague, but unfortunately was not present when she started her speech so I do not know whether she mentioned this, but I have a question to ask her, one that I feel is important. Can she inform the House how many vehicles are stolen annually in the province of Manitoba, and in the Winnipeg area in particular? Has the number been going up or down in recent years?