Bill C-478 (Historical)

Respecting Families of Murdered and Brutalized Persons Act

An Act to amend the Criminal Code (increasing parole ineligibility)

This enactment amends the Criminal Code to provide that a person convicted of the abduction, sexual assault and murder of one victim is to be sentenced to imprisonment for life without eligibility for parole until the person has served a sentence of between twenty-five and forty years as determined by the presiding judge after considering the recommendation, if any, of the jury.

[James Bezan, Conservative, Selkirk—Interlake—Eastman, MB]

Thank you, Mr. Chair and colleagues.

It's indeed a pleasure to be able to appear on my private member's bill, an act to amend the Criminal Code (increasing parole ineligibility), Bill C-266, the short title of which is the respecting families of murdered and brutalized persons act.

I originally introduced this bill in the first session of the 41st Parliament as Bill C-478. I was promoted in 2013 to parliamentary secretary for defence and had to drop my private member's bill, even though it had received second reading and had been sent it to committee.

The bill was picked up in the second session of the 41st Parliament by our former colleague Colin Mayes, who was the MP for Okanagan—Shuswap, as Bill C-587. It made it through committee, but then there was dissolution of Parliament for the 2015 federal election and that put an end to the bill's moving forward.

This bill amends section 745 of the Criminal Code of Canada to give the power to our judicial system to increase parole ineligibility up to 40 years from the current maximum of 25 years for those who commit a crime of abduction, sexual assault and murder.

Right now, there are charges for all those crimes, under sections 279, 280, 281, 282 and 283 of the Criminal Code for abduction, while sexual assault charges are defined under sections 151 to 153.1, 271, 272 and 273 of the Criminal Code, as well as murder in the first and second degree.

What this bill will do is give the full discretion to our judges and juries. After an individual is convicted of crimes, the judge must ask the jury if they “wish to make a recommendation with respect to the number of years that the accused must serve before the accused is eligible for release for parole”. It is not mandatory for the jury to provide a recommendation, and the judge is not beholden to the jury in taking the recommendation, should it be made.

I know there are some concerns around whether or not this violates section 12 of the charter regarding cruel and unusual punishment. I should state again that this is strictly judicial discretion. The parole ineligibility period can be set at anywhere from 25 years up to 40 years, based upon the discretion of the judge. When determining the parole ineligibility period, the judge must have “regard to the character of the offender, the nature of the offences and the circumstances surrounding their commission”.

I modelled my bill after former Bill C-48, the Protecting Canadians by Ending Sentence Discounts for Multiple Murderers Act. Again, that piece of legislation has stood up to a charter challenge and afforded judges the ability to extend parole ineligibility periods for multiple murder convictions. Rather than having them concurrent, they are now served consecutively.

The way I came up with 40 years for parole ineligibility for the commission of a crime that involves the abduction, sexual assault and murder of an individual, it's on that same transaction. Again, looking at consecutively serving that sentence, for murder, it's 25 years without parole, while abduction faces a maximum parole ineligibility period of 10 years and sexual assault faces a maximum parole ineligibility period of 4.6 years. That's how I arrived at 40.

I can't stress enough that this bill targets the most depraved of our society. It targets those who have never received parole, so we aren't doing anything to further punish the criminal. This is about sparing the families from appearing at unnecessary parole board hearings.

As you know, right now, even if somebody has a life sentence for committing a crime, they can, at year 23, start applying for parole. All too often, we've witnessed that when these individuals apply for parole, they use it as an opportunity to feed their depraved nature and revictimize the families. That's why I brought this forward. It was to be compassionate to the families who have gone through these ongoing, unnecessary and extremely painful Parole Board hearings.

When it comes to the type of criminal this targets, we're talking about criminals like Michael Rafferty and Terri-Lynne McClintic, who abducted, raped and murdered Tori Stafford; Paul Bernardo, who back in the 1990s abducted, raped and murdered Leslie Mahaffy and Kristen French. One of the things that really drove me on this was, if you remember back in 2009-10, the ongoing investigation in the arrests of Terri-Lynne McClintic and Michael Rafferty. It was all over the news. As a father of three daughters, it really hurt me knowing that this poor little girl had suffered so badly.

Clifford Olson, at that time, was diagnosed with cancer and was dying in prison. I was driving around in my riding listening to CBC and they were talking to Sharon Rosenfeldt, whose son, Daryn, had been murdered by Clifford Olson. Clifford Olson applied for parole on three occasions. First he used the faint hope clause which existed at that time, and then at year 23 and year 25, he applied for parole again. He used those opportunities to describe in graphic detail how he murdered the Rosenfeldts' son. He would send letters to them, hoping that they'd appear at the Parole Board hearing so he could describe how he killed Daryn.

We know that these individuals never get parole. Parole boards have been very consistent that these psychopaths are never released, so why would we put the families through these ongoing and unnecessary Parole Board hearings? They feel obligated to be there, to stand up for the rights of their loved one, to read their victim impact statement and ensure that the Parole Board never forgets about the heinous crimes that these individuals have committed.

We're also talking about David James Dobson, who murdered Darlene Prioriello. I worked quite closely with Darlene's sister Terri on this bill. Donald Armstrong abducted, raped and murdered Linda Bright back in 1978, and Glenna Fox. David Threinen abducted, raped and murdered Dahrlyne Cranfield, who was only 12 years old; Robert Grubesic, who was nine; Samantha Turner, who was eight; and Cathy Scott, who was seven years old. He died in custody.

We're talking about the Russell Williams, the Luka Magnottas, the Robert Picktons. More recently, in Toronto, Bruce McArthur killed eight men. He abducted them, raped them and then brutally murdered each and every one of his victims.

Mr. Chair, how much time do I have?

Respecting Families of Murdered and Brutalized Persons Act

[Linda Lapointe, Liberal, Rivière-des-Mille-Îles, QC]

Mr. Speaker, I am pleased to rise to speak to private member's Bill C-266, an act to amend the Criminal Code with respect to increasing parole ineligibility. The bill seeks to protect victims and reduce the possibility of re-victimization by limiting the number of parole applications victims are required to attend.

The underlying assumption of Bill C-266 is that its proposed reforms would spare families from the heartache of reliving the loss of a loved one who may have been murdered in unspeakable circumstances, as is often the case.

It should be noted that Bill C-266 is similar to previous private members' bills, specifically Bill C-478 and Bill C-587. Bill C-478 got through second reading stage and was referred to the Standing Committee on Justice and Human Rights, but it did not go further than that. Unlike Bill C-266, former Bill C-478 did not require that the offences for which the offender was convicted be committed as part of the same criminal transaction.

I want to take a moment to thank the member for Selkirk—Interlake—Eastman for the laudable objective of the bill. I think all hon. members of the House can agree that minimizing the trauma, psychological suffering and re-victimization of families whose loved ones have been murdered is a worthwhile cause that merits our full consideration.

Victims have rights at every stage of the criminal justice process, including the right to information, protection, restitution and participation. These rights, previously recognized by internal policies of the Parole Board of Canada and the Correctional Service of Canada, are now enshrined in the Canadian Victims Bill of Rights and give clear rights to all victims of crime. For example, victims have the right to receive certain information about the offender in the charge of the Parole Board of Canada or the Correctional Service of Canada.

Victims' participation rights include the following: attending the offender's parole hearing or listening to an audio recording of a parole hearing if the victim is unable to attend in person; presenting a written statement that outlines the continuing impact the offence has had on them and any risk or safety concerns the offender may pose and requesting that the Parole Board consider imposing special conditions on the offender's release; and obtaining a copy of the Parole Board's decision, including information on whether the offender has appealed the decision and the outcome of the appeal.

I would like to provide some examples in English.

I would note that currently victims who do not attend a parole hearing are entitled to listen to an audio recording of the hearing, but if victims do attend, they lose their right to listen to the recording. Simply stated, parole hearings can be quite difficult for family members, as I said in French. Despite attending the hearing, they may not always remember everything that was said. They may, for a variety of reasons, wish to listen to an audio recording at a later date. I am pleased to know that changes proposed in Bill C-83 would give all victims the right to listen to an audio recording, regardless of whether they attend the parole hearing.

These legislative provisions and policies were designed to be respectful of the privacy rights of victims who do not wish to be contacted or receive information about the offender who has harmed them.

This recognizes the fact that victims are not a homogenous group and that while some victims may choose not to attend or receive information about parole hearings to avoid emotional trauma, others will attend parole hearings as a means of furthering their healing and feel empowered by having their voices heard.

Anything we can do to better support victims of crime merits serious consideration, and I support sending the bill to committee for further study. I am also mindful that changes to the laws governing our criminal justice system can sometimes have unintended consequences, so I hope that committee study of this legislation, either in this Parliament or in the future, will include a range of witnesses and perspectives.

Clearly, there are various ways of providing support to victims. The proposed changes in Bill C-266 could be one way to improve the experience of victims during the post-sentencing stages of the criminal justice process.

As parliamentarians, we should strive to have a fair, just, and compassionate criminal justice system for all those involved.

For all these reasons, I will be monitoring closely the debate on Bill C-266 and look forward to hearing the views of other hon. members on its potential impacts.

[Karen McCrimmon, Parliamentary Secretary to the Minister of Public Safety and Emergency Preparedness, Lib.]

Madam Speaker, I rise today to speak to private member's Bill C-266, an act to amend the Criminal Code, increasing parole ineligibility.

The objective of the bill is to protect victims and alleviate their re-victimization by limiting the number of parole applications in which they may need to participate. The underlying assumption of Bill C-266 is that its proposed reforms would spare families from the heartache of reliving the loss of their loved one who may have been murdered in unspeakable circumstances.

As currently drafted, Bill C-266 proposes to modify section 745 of the Criminal Code in order to effect two changes. First, it would make it mandatory for a judge to impose a parole ineligibility period of not less than 25 years for all offenders convicted of the following offences committed as part of the same event or series of events and in respect of the same victim: kidnapping and abduction-related offences; sexual offences; and murder, irrespective of whether it is in the first or second degree.

Second, the bill would provide judicial discretion to set the period of parole ineligibility between 25 and 40 years for the same small subset of offenders who, given the severity of their crimes committed, are truly unlikely to obtain parole in any event.

It should be noted that Bill C-266 is similar to previous private members' bills, including Bills C-478 and C-587. Bill C-478 got through second reading stage and was referred to the Standing Committee on Justice and Human Rights, but it did not get any further than that.

Unlike Bill C-266, former Bill C-478 did not require that the offences for which the offender was found guilty to be committed as part of the same criminal transaction.

Former Bill C-478 was later reintroduced as Bill C-587 by the member for North Okanagan—Shuswap and essentially proposed the same legislative amendments as Bill C-266, except for slight wording differences.

Ultimately, former Bill C-587 was adopted by the justice committee, without amendment, and had commenced third reading debate in the House, but did not proceed further because of the dissolution of Parliament for the 2015 federal election.

I want to take a moment to thank the member for Selkirk—Interlake—Eastman for the laudable objective of the bill. I think all of hon. members of the House can agree that alleviating the trauma, emotional suffering and re-victimization of families whose loved ones have been murdered is a worthwhile cause that merits our full consideration.

Victims have rights at every stage of the criminal justice process, including the right to information, protection, restitution, and participation. These rights, previously recognized by internal polices of the Parole Board of Canada and Correctional Service Canada, are now enshrined in the Canadian Victims Bill of Rights and give clear rights to all victims of crime.

Once victims are registered with the Parole Board of Canada or the Correctional Service Canada, they can choose to receive information on the offender, including but not limited to: the sentence start date and length; and the offender's eligibility and review dates for unescorted temporary absences, parole or statutory release.

Upon further request, additional information could be provided to a victim, including: the date of any Parole Board of Canada hearing and the reason why an offender waived a hearing, if one was given; and whether the offender has appealed the decision of the Parole Board not to grant a release and the outcome of that appeal.

Victims' participation rights include the following: attending the offender's parole hearing or listening to an audio recording of a parole hearing if the victim is unable to attend in person; presenting a written statement that outlines the continuing impact the offence has had on them and any risk or safety concerns the offender may pose and requesting that the Parole Board consider imposing special conditions on the offender's release; and obtaining a copy of the Parole Board's decision, including information on whether the offender has appealed the decision and the outcome of the appeal.

I would like to pause here to highlight Bill C-83, an act to amend the Corrections and Conditional Release Act and another act, which is proposing other legislative changes to better support victims of crime.

Currently, victims who do not attend a parole hearing are entitled to listen to an audio recording of the hearing. However, if victims do attend, they lose their right to listen to a recording. Simply stated, parole hearings can be quite difficult for family members. Despite attending the hearing, they may not always remember everything that was said and may, for a variety of reasons, wish to listen to an audio recording at a later date. I am pleased to know that changes proposed in Bill C-83 would give all victims the right to listen to an audio recording, regardless of whether they attend the parole hearing.

The laws and policies that have been put forward were designed to be respectful of the privacy rights of victims who do not wish to be contacted or receive information about the offender who has harmed them. This recognizes the fact that victims are not a homogenous group; while some victims may choose not to attend or receive information about parole hearings in order to avoid emotional trauma, others will attend parole hearings as a means of furthering their healing and to feel empowered by having their voice heard.

In fact, on March 9, 2015, officials testifying on behalf of the Parole Board of Canada indicated during their testimony before the Standing Committee on Justice and Human Rights on former Bill C-587 that every victim is different and that the Parole Board of Canada also has victims who are interested in attending parole hearings.

Therefore, we need to ask ourselves if the proposed amendments in Bill C-266 are the most effective way of supporting the needs of victims affected by these brutal crimes.

I also wonder, despite the bill's laudable intentions, whether some victims might feel negatively impacted by legislative changes designed to reduce the number of parole hearings they may choose to attend.

I am certain all hon. members would agree that a thorough debate on the impacts of Bill C-266's proposed changes requires consideration of these questions. Also, I would be interested to hear the views of the member for Selkirk—Interlake—Eastman on these points.

It is clear that there are various ways of supporting victims. The changes proposed in Bill C-266 present one avenue for bettering the experience of victims at the very end of the spectrum of the criminal justice process.

As parliamentarians, we should strive to achieve a fair, effective, just and compassionate criminal justice system for all involved. For these reasons, I will be closely monitoring the debate on Bill C-266 and look forward to hearing the views of other hon. members on its potential impacts.

[James Bezan, Conservative, Selkirk—Interlake—Eastman, MB]

moved that Bill C-266, An Act to amend the Criminal Code (increasing parole ineligibility), be read the second time and referred to a committee.

Madam Speaker, it is a pleasure for me to rise to speak to Bill C-266, an act respecting families of murdered and brutalized persons. This bill would amend section 745 of the Criminal Code.

This bill has been before the House before. To quote one of my previous speeches in the House, from 2014, in this bill I want to empower our courts “with the ability to increase parole ineligibility when sentencing individuals who have abducted, sexually assaulted and killed our innocent and often most vulnerable Canadians from the current 25 years up to a maximum of 40 years.”

The bill is not about creating stiffer penalties for sadistic murderers. These depraved convicts do not qualify for parole. My bill is about saving the families of the victims from having to go through the agony of attending unnecessary and traumatic parole hearings.

Let us be perfectly clear. Bill C-266 is not about mandatory minimum sentencing. The bill is in compliance with section 12 of the Charter of Rights. It is based on the discretion of the presiding judge through a recommendation to the jury. A judge could set parole ineligibility of between 25 and 40 years. It would not be prescribed where in there it would fall. The judge would have the discretionary power to make it anywhere from 25 years of parole ineligibility to 40 years.

This legislation is modelled after a bill brought forward in a previous Parliament, Bill C-48, the protecting Canadians by ending sentence discounts for multiple murders act, which we are seeing in use today at the McArthur trial as well as for the murderer who committed the mosque massacre in Quebec. That piece of legislation affords judges the opportunity to make the parole ineligibility periods for multiple murderers consecutive rather than concurrent. Most of those convicted of these multiple murders or these heinous crimes of abducting, sexually assaulting and murdering our loved ones never get parole. Therefore, why do we continue to put families through unnecessary Parole Board hearings? There is absolutely no need to re-victimize those families.

As I mentioned, I brought the bill forward in a previous Parliament. It was introduced on February 27, 2013, as Bill C-478. The bill made it as far as the committee stage, when I was appointed parliamentary secretary, so I had to withdraw the bill. Colin Mayes, our former colleague from B.C., then picked it up as Bill C-587. That bill made it through committee and came back to the House at report stage and third reading on June 2, 2015. Of course, it never made it to the final vote before the House recessed and the election took place.

This legislation would amend section 745 of the Criminal Code, as I have previously said. Increasing parole ineligibility from 25 years to 40 years would save families from having to go through the process of attending unnecessary Parole Board hearings and making victim impact statements, which are traumatic, to say the least, and heart-wrenching for those families. The bill would eliminate eight unnecessary Parole Board hearings families would have to attend.

Sadistic murderers often apply for parole every two years, starting at year 23, for the sole purpose of toying with the families, of revictimizing them and making them relive the gruesome killings that were committed.

The bill would change a number of subsections under section 745. It would be based upon the recommendation of a jury. The bill says that a judge would ask a jury at the time of sentencing if it wished “to make any recommendation with respect to the number of years that the accused must serve before the accused is eligible for release on parole”. When the jury was passing judgment, it could also recommend what the parole ineligibility could be. The judge would have discretion as to whether to accept that, and he or she could set it at a level he or she found appropriate. Judges on the board, when determining parole ineligibility, must have regard for “the character of the offender, the nature of the offences and the circumstances surrounding their commission”.

Over the years, I have had the pleasure of working with a number of people on the legislation, along with Colin Mayes, the former member of Parliament from B.C. In the other place, Senator Boisvenu was a big help on this over the years. He founded an organization called Murdered or Missing Persons' Families' Association. This is something that he is incredibly passionate about.

Sharon Rosenfeldt's son Daryn was murdered by the notorious Clifford Olson and her organization is Victims of Violence. Susan Ashley is the sister of Linda Bright, who was killed by Donald Armstrong. Terri Prioriello's sister Darlene, also called Dolly, was murdered by David James Dobson. The organization Canadian Parents of Murdered Children has provided input over the years. This goes back some time.

I was interested in doing something for families. At the end of 2009-10, members will remember the terrible abduction, rape and murder of Tori Stafford. Terri-Lynne McClintic was arrested and prosecuted in 2010 and Michael Rafferty in 2012. During that time, while my heart was breaking listening to the Tori Stafford story, Clifford Olson was dying from cancer in prison and Sharon Rosenfeldt talked on the radio about how this killer had impacted her family over the years. He sent letters describing how he murdered her son Daryn. Because of that type of sadistic behaviour, tormenting families and using Parole Board hearings to feed his own sick appetite, it became clear to me that we needed to do something for families.

I knew full well that both murderers of Tori Stafford, Michael Rafferty and Terri-Lynne McClintic, will be applying for parole in the year 2023 after the murder in 2009. I think all Canadians would consider it unacceptable that families have to go through this ongoing saga of Parole Board hearing after Parole Board hearing.

We need to make sure the legislation targets the most depraved of society, the sadistic murderers out there who often prey on children and the most vulnerable, those who abduct, sexually assault and murder, often in a very gruesome manner. We are talking about people like Robert Pickton, Russell Williams, Michael Rafferty, Clifford Olson, Paul Bernardo, David James Dobson, Donald Armstrong, Luka Magnotta and we are watching the McArthur case unfold now in Toronto. This would apply to those individuals, particularly those who do not get consecutive life sentences. They could be given a 40-year sentence before they could apply for parole.

It is important that we talk about some of these families, like the family of Linda Bright, who was just 16 when she was abducted by Donald Armstrong in Kingston back in 1978. He has applied for parole numerous times. I have been talking to Susan Ashley, Linda's sister, and she said about the Parole Board hearings in the past, “My heart breaks having to live through this again. My heart breaks having to watch my Mom and Dad drag up their thoughts and pain from that deep place inside them where they tuck their hurt away”.

Linda's mother, Margaret, said during her victim impact statement, “This is not fair. We should not have to relive our tragedy. When I remember my daughter, let me remember her as a little girl. Don't make me think about the other awful time in 1978.... Let me tell you this has been the most difficult thing I have had to do in the last twenty years.”

Gary Rosenfeldt, who was Johnsrude's stepfather, has now passed away. His wife is Sharon Rosenfeldt. He said publicly, after going through a number of Parole Board hearings in 2006 and 2010, and even back in 1997, when there was still the faint hope clause, “What's really horrendous about this is this is only the beginning. We're going to have to do this every two years as long as Olson lives, and this is a very painful experience for myself, my family.”

It should be noted that Clifford Olson died in prison. He was never paroled. These individuals do not get parole.

Darlene Prioriello was abducted, raped, mutilated and murdered by David James Dobson in 1982. He is at the Bath Institution. Darlene's sister Terri has said this about having to go through these painful, repetitive and unnecessary Parole Board hearings: “Families have already been victimized once. They shouldn't have to be victimized every two years. Having to face a loved one's killer and to read what he did to her and how her death has affected our lives is something nobody should ever have to do once, never mind twice.” Unfortunately, that goes on.

We have had the Library of Parliament research how these murderers have been treated in prison and whether or not they have ever received parole. The best we can find is that some of them have been given day parole or temporary leave. They have never, ever been released back into the public on full parole. They are serving life sentences, and they will continue to do that.

A lot of people wonder how I came up with the 15 extra years in the 25 plus 15. Murder is 25 years without parole, abduction is a maximum of 10 years without parole, and sexual assault is a maximum of 4.6 years without parole. Added together, we get 40 years.

Let us be clear that I am not saying we are setting mandatory minimums, taking it up to 40 years. It is anywhere in between. The judge and the jury decide where the parole and eligibility should be set. It could be 25 years, 30 years, 35 years or 40 years. It is up to the judge and the jury to make those decisions. By respecting the independence of the court we are in compliance with chapter 12 of the charter.

We have seen this type of approach being taken with previous legislation. This judicial discretion is incredibly important, because the judge will take that recommendation, along with the regard he has to have for the character of the offender, the nature of the offences and the circumstances surrounding their commission. If the jury chooses, it can provide input as well.

I am looking forward to hearing the position of the government on this, as well as that of the NDP, but I am appealing to all members of the House to support the bill.

It should be noted that in the previous Parliament, all Liberals voted yes at second reading for this legislation. Many of them sit on the benches today, and are still here.

I want to make sure people understand that these depraved murderers, these brutal and sadistic members of society, will never be released back into society. They are not going to be released. The Parole Board of Canada continues to hold them in institutions, knowing they are dangerous offenders who potentially could reoffend, because so often they are psychopaths. Therefore, let us ensure we are not revictimizing those families by having them go to all these unnecessary Parole Board hearings and relive the murder and brutal details of how their loved ones were killed, all to the gratification of those incarcerated psychopaths.

I ask that everyone support this legislation. Let us get it to committee and let us hear from the victims organizations, the families who have been impacted and the families who are calling for this. Let us give them some peace. Let us respect their wishes and their lives so they do not have to go on and on living this nightmare.

As Yvonne Harvey of the Canadian Parents of Murdered Children said, “Although I have not personally faced the ordeal of a parole hearing, I have spoken to many individuals who have. I am certain that the primary intent of this bill, to spare the families of victims from having to attend unnecessary parole hearings, would be most welcomed.”

[Colin Mayes, Conservative, Okanagan—Shuswap, BC]

Thank you, Mr. Chair, and the committee for giving me this opportunity to speak to my private member's bill, Bill C-587. I also thank you for securing a time extension so that this bill could receive review by your committee.

This bill is a continuation of Bill C-478 which was previously introduced by Mr. Bezan in the first session of this 41st Parliament. Although Mr. Bezan's bill was read twice in the House and referred to this committee, it was withdrawn after Mr. Bezan was appointed to the role of parliamentary secretary, a position that precludes him from carrying a private member's bill forward.

I also thank the witnesses who are joining us today, particularly Sharon Rosenfeldt and Susan Ashley who have lost loved ones to unspeakable actions perpetrated by violent offenders. Ms. Rosenfeldt and Ms. Ashley represent more than themselves, their families, and the loved ones who were taken from them. They represent the community of Canadians that spans our nation, the community of Canadians whose lives have been changed forever by violent offenders.

Despite the tragic losses experienced by Ms. Rosenfeldt and Ms. Ashley, they have found the strength and courage to advocate on behalf of those whose lives were stolen away and also the thousands of Canadians who face the challenges of moving on with life after experiencing trauma which the majority of Canadians thankfully have never experienced.

As members of Parliament I believe it is our duty to demonstrate solidarity with this particular community of Canadians and support their advocacy with our own work in legislating towards a society that values victims' rights. As members of Parliament it is our duty to identify and address points of our legal regimen that require improvement. Specifically to this bill, I believe we must not only examine but reform the state of existing laws governing the removal from society and long-term incarceration of violent offenders who have abducted, sexually assaulted, and murdered victims.

This bill is modelled on Bill C-48, which was passed in 2011, which allows judges to set consecutive rather than concurrent periods of parole ineligibility in sentencing those convicted of multiple murders. This bill would empower judges and juries to give stronger sentences.

In the same way that Bill C-48 now allows judges to acknowledge additional degrees of blameworthiness on an offence when a conviction of multiple murders has been established, this bill seeks to provide judges the ability to extend the period of parole ineligibility to likewise acknowledge accompanying offences of abduction and sexual assault.

All parties worked together and passed Bill C-48 and it is my hope that this bill will likewise benefit from input and support from all sides.

As members of the committee are likely aware, section 745 of the Criminal Code provides for life imprisonment for convicted murderers, subject to varying periods during which they are ineligible for parole. For first degree murder the minimum ineligibility period is 25 years. For second degree murder it varies from 10 to 25 years.

While all convicted murderers are morally blameworthy, first and second degree murders are distinguished from each other by the higher degree of moral blameworthiness associated with the first degree murder that justifies the current mandatory period of parole ineligibility of 25 years.

While some may believe that the current thresholds for parole represent an appropriate period of incarceration for a violent offender who abducted, raped, and murdered their victim, many Canadians consider this to be insufficient in instances of extreme violence and murder. As we all know, perhaps none more than our witnesses, the investigation and prosecution of cases involving multiple offences such as abduction, sexual assault, and murder combined can take years. The time that it takes to arrive at a conviction and then sentencing for a violent offender is excruciating for survivors, family, and loved ones. Regardless, as painful as it is, it is essential to a sound carriage of justice.

This bill seeks to provide greater certainty, and therein relief, for the families and loved ones in that once sentencing is completed, the sentencing judge would be given the judicial discretion to waive parole ineligibility for a period of 25 to 40 years, again at the discretion of the judge. If parole is to be considered for violent offenders who abduct, sexually assault, and then murder their victims, it should not occur before at least 25 years have been served.

The toll a parole hearing takes on the family members and loved ones of a victim is excruciating as they await the hearing date, when the violent offender who took their loved one presents his or her case. Why should the offender be awarded parole while family members and loved ones need to mobilize to keep the violent offender behind bars? This amounts to a system where Canadians who have already suffered tragic loss and endured years of judicial proceedings are subjected to a system that requires continued mobilization and pressure to keep violent offenders behind bars.

This bill would add three new provisions to the Criminal Code, mandating a 25-year minimum parole ineligibility period for anyone convicted of an offence under each of the following offence categories in respect of one victim: number one, a kidnapping or abduction offence, sections 279 to 283; number two, a sexual offence, sections 151 to 153.1 and sections 271 to 273; and number three, murder. The bill would also provide a judge with the discretionary prerogative to replace that 25-year minimum parole ineligibility period with a longer period of up to 40 years, based on the character of the offender, the nature of the circumstances of the murder, and any jury recommendation in this regard.

Mr. Chair, I would like to respond to inputs made by members of opposition parties in the House during the second reading debate on May 30, 2014.

During second reading debate, the question was raised as to whether or not this bill complies with the provisions of the Charter of Rights. This is an important question, and I appreciated it. I sought and received an opinion from the Library of Parliament's legal affairs and national security section. The bill seeks to provide a sentencing judge the discretion to increase the period of parole ineligibility and as such uphold the principle of a judicial discretion which provides a safeguard of the Charter of Rights. I believe this is an important strength of the bill, expanding the discretionary prerogatives of the judge with a broader range of judicial discretion rather than imposing on whole charter provisions automatic periods of ineligibility beyond 25.

Second reading debate also raised a question of the amendments proposed to the bill that would interact with the Rome Statute. It is important to note that article 5 of the Rome Statute establishes the jurisdiction of the International Criminal Court over the following four offences: the crime of genocide, crimes against humanity, war crimes, and crimes of aggression.

Therefore, the Rome Statute does not directly apply to Bill C-587 for the following two reasons. First, the bill seeks to amend the Criminal Code, which is under the jurisdiction of Canadian courts. The Rome Statute only applies to proceedings of the International Criminal Court. Second, the four offences in article 5 of the Rome Statute are not included in this bill.

In closing, Mr. Chair, I would again thank you and the members of committee for reviewing my private member's bill.

I also thank the witnesses here today who have come to provide their perspectives, experiences, and pleas.

Thank you, Mr. Chair.

[Colin Mayes, Conservative, Okanagan—Shuswap, BC]

Mr. Speaker, I thank all my colleagues on both sides of the House for their comments. I appreciate them. This is the great thing about our democracy. We have open debate and discuss the issues that concern our citizens. I am also very thankful that I belong to a party that allows backbenchers like me to bring forward issues from my constituents in a private member's bill.

As a person of deep faith, I had some challenges when I first looked at the bill, because my faith is based on confession, repentance, and forgiveness, but I came to the realization that my compassion should not trump justice for the victims.

I talked to a woman in my riding, a wonderful person, Marie Van Diest, who had twin daughters, and one of her daughters was murdered on the rail tracks in Armstrong. When she came to see me to talk to me about justice, she said that she just wanted life to mean life. She did not want to go through parole hearings. She said she was young, and 25 years from now she would still be young, and she did not want to hear this over and over every second year. I came here to represent her, because I agreed with what she had to say.

All the organizations that support victims of crime in this country have come out in support of the bill. I attended a justice round table in Kamloops, and every member around the table was very supportive of the bill.

I am pleased to be here for the second hour of the debate on this private member's bill, and I do thank my colleagues for their comments.

Once again, I thank the member for Selkirk—Interlake for initiating Bill C-587, an act to amend the Criminal Code (increasing parole ineligibility) as Bill C-478 back in February 2013. My bill has merit and will provide guidance and accommodation to our judiciary to further protect victims of violent crimes. This is about victims, not the offenders. My bill would support Bill C-32 in recognition of victims' rights and in protecting victims from the pain they would have to endure as they listened to parole hearings time and time again.

My colleague suggested the Norwegian model. I agreed with that, and we do that in our system, but the victims of crimes do not want to hear that over and over again. They have a healing period of 25 years. They do not want to go through opening up those wounds and reliving the tragedy they experienced in their lives 25 years previously.

The bill targets sadistic murderers. These sadistic criminals have never been granted parole, yet the families of the victims still face parole hearings every two years, reliving once again the tragedies of their loved ones. The bill seeks to extend the parole ineligibility period for those convicted of abduction and heinous and brutal acts of violent or sexual assault ending in the murder of an individual.

Once a parole hearing has been given and denied, almost the whole process starts over again. Making murderers ineligible for parole for up to a maximum of 40 years could save families approximately eight unnecessary parole hearings.

Why does the bill ask for a maximum of 40 years before a parole hearing is allowed? Murder is 25 years without parole. Abduction faces a maximum of 10 years, and sexual assault a maximum of 4.6 years. My bill would empower the courts with the ability to increase parole ineligibility when sentencing individuals who abducted, sexually assaulted, and killed our loved ones from the current 25 years up to a maximum of 40 years.

I am hopeful that the bill will pass second reading and be sent to the justice committee for further comment and further study, but I thank all those who have contributed, and I appreciate the opportunity to present the bill to this House.

[Pierre Jacob, NDP, Brome—Missisquoi, QC]

Mr. Speaker, I am rising in the House today to speak to Bill C-587, which was introduced by a Conservative member.

The bill would amend the Criminal Code to provide that a person convicted of the abduction, sexual assault and murder of the same victim is to be sentenced to imprisonment for life without eligibility for parole until the person has served a sentence of between 25 and 40 years, as determined by the judge.

This bill is basically a reincarnation of Bill C-478, which was introduced last year and then struck from the order paper when the member sponsoring it became a parliamentary secretary. Bill C-587 is designed to extend the parole ineligibility period depending on the severity of the crime, not the number of crimes committed or the number of victims.

I am opposed to this bill. While it seems well-intentioned, it is unnecessary, ineffective and open to attack in court. That is what I will be demonstrating.

As I already mentioned, Bill C-587 is basically the same as Bill C-478, which was not passed by Parliament.

The first federal ombudsman for victims of crime, Steve Sullivan, did not have a very high opinion of the bill. He felt it was nothing but smoke and mirrors. If someone is accused of first-degree murder, the Crown does not generally concern itself with lesser offences. If someone is sentenced to life in prison with a chance of parole after 25 years, this already takes into account that if the person represents a danger or a risk, they will not be granted parole.

I would also like to point out that criminals targeted in this bill, people like Clifford Olson, Paul Bernardo and Russell Williams, are rare cases. They have already been sentenced to life in prison without Bill C-587.

Take Clifford Olson, for example. He murdered 11 people. After serving 25 years in prison, he applied for parole for the first time in 2006. His application was denied, as was his second in 2008. In 2010, his third application was also denied because the court found that he still represented a danger to society. He ended up spending 30 years of his life behind bars, where he died in 2011.

The bill before us will have no real impact on the legal reality in this country. Offenders convicted of abduction, sexual assault and murder are very rare. They are well known because their stories get so much media attention. Bill C-587 will not change anything. These offenders will still stay behind bars.

The legality of the bill is the other point I want to address. First, I would like to point out that the 25-year period was not determined arbitrarily. Paragraph 110 of the Rome statute of the International Criminal Court states that life in prison is the maximum sentence, but that it must be reviewed after 25 years.

Therefore, international law does not allow for life sentences without eligibility for parole, even for the most serious crimes, such as war crimes, crimes against humanity and crimes of genocide. This is probably why Canada set the maximum parole ineligibility period at 25 years, even for the worst cases of first degree murder.

Other states often look to Canada to learn from its principles of justice et its criminal justice. We are off to a bad start if we begin to renege on our international treaties to pass cosmetic bills.

What international law imposes, and what Canada decided to apply, is a maximum prison term of 25 years, which applies to all crimes. Our role is not really to say which crimes are most serious. Rather, it is to define the rule of law. Moreover, this bill undermines the Canadian Charter of Rights and Freedoms.

The Supreme Court has yet to render a decision on the constitutionality of extending this maximum period in the case of consecutive parole ineligibility periods for multiple murders.

Extending the ineligibility period from 25 to 40 years for murders involving abductions and sexual assault would probably be ruled unconstitutional by the courts.

In the case of Bill C-478, the carbon copy of Bill C-587, we asked the Standing Committee on Justice and Human Rights to check compliance with the Charter of Rights and Freedoms. The Conservatives voted against that and we were not able to do that study.

If Bill C-587 is challenged in court, taxpayers will again have to pay for even higher legal costs. The whole issue will end up before the Supreme Court, as it often happens already.

Since the Conservatives came to power, we have seen an increase in court action. There are challenges not only by the provinces, but also from the Supreme Court with respect to the compatibility and constitutionality of certain Conservative bills.

It should be noted that Bill C-587 continues the Conservative government's tradition of presenting measures to amend the Criminal Code through private members' bills introduced by backbench MPs.

We remain concerned about the provisions in Bill C-587 and their compatibility with the charter. Private members' bills are not submitted to the Department of Justice for review as to their compatibility with the charter and the Constitution.

We are opposed to this bill. All though it seems well-meaning, it is unnecessary, ineffective and easy to attack in court. Once again, the Conservatives are just using smoke and mirrors and this could cause more challenges with the Canadian Charter of Rights and Freedoms.

I invite all my colleagues to vote against this bill.

[Françoise Boivin, NDP, Gatineau, QC]

Mr. Speaker, once again, I am pleased to rise as the NDP justice critic to address Bill C-587, introduced by the member for Okanagan—Shuswap.

He seized that opportunity when the member for Selkirk—Interlake, who initially introduced the bill, got promoted and could no longer present it. We congratulate him on his promotion. However, we need to revisit Bill C-587.

I am tempted to reread my improvised speech from the last time, because my view on this bill has not changed. It has some good points. Some might say the NDP should be satisfied, because it always calls for the continued exercise of judicial discretion, and that is in the bill.

Indeed, it is always a good idea to leave it up to the court to decide whether someone should be eligible for parole after 25 years, or only after 40 years. This judicial discretion is definitely an improvement on many other bills introduced by the Conservative government.

That said, one can read a bill and wonder whether it will achieve the goal stated by the member. During oral question period, the parliamentary secretary said that this legislation would greatly reassure victims. When we work on these issues, we always try to put the interests of the victims first.

However, because of the legal context, the laws that we rely on and the charters that we must abide by, we must ensure that our legislation will successfully meet the tough challenges that lie ahead.

The government should have learned some lessons from the recent decisions of the Supreme Court, including the one on the Senate, which it lost by a count of 8-0; the Summers decision on April 11 on pre-sentencing credit, which the government lost by 7-0; and the Khela decision on prisoner transfer, which it lost by a count of 8-0. I do not include the Nadon ruling, because no legal principle is involved in this case. Still, the government suffered a 6-1 defeat. It also lost 8-0 in the Whaling decision on early parole. Again, we ask the government to pay attention to existing laws.

When I rise in the House in my capacity as justice critic for the official opposition, I do not do so to irritate Canadians or my Conservative colleagues who are introducing bills. In fact, I have actually supported an impressive number of their bills. I have recommended that my caucus colleagues support certain government bills and even some private members' bills introduced by Conservative members.

In this case, the government would have victims believe that this bill will solve their problems. However, victims do not really have a problem with the sanctions. Let me make that clear right away: the problem with Bill C-587 does not have anything to do with the sentences per se.

Since we are talking about extremely serious crimes, such as abduction, sexual assault and murder, we are certainly not talking about minor offenders, such as people who rob convenience stores. We are talking about hardened criminals like Clifford Olson and Paul Bernardo. Everyone, including the victims, knows that these offenders are in jail for life. Is that clear enough? When they get a life sentence, that means they are in jail for life.

However, our legal system, our charter and our international conventions allow offenders to appear before the Parole Board of Canada.

The board will not free these people if they pose a risk. The public is not at risk just because an offender has been released. The problem—and the hon. member may be right about this— is that it is painful for families and victims to have to relive the unforgettable horror. Even if offenders cannot appear before the parole board for 40 years, victims will still be reliving the horror of their experience as though it happened yesterday. One does not just forget about these things overnight.

That being said, let us think about what would happen if the bill were to pass. The judge would ask the jury if it had any recommendations to make in the case of vicious murder.

I would just like to say, incidentally, that I am also concerned about the fact that these three crimes must all have been committed. A murder can be vicious even though the victim was not sexually assaulted or abducted. I think it is unfortunate that the focus is being placed on one type of offence when many other offences could easily fall into the same category.

Take the Bernardo case, for example, where the case was proven. I am talking about proving the case, but I would remind members that in the Bernardo case, they did not have to prove rape, kidnapping or anything else. The murders themselves were enough to result in a life sentence. Under this bill, all three will have to be proven. I already see the impact that this will have on trials under way and on what the Crown will have to prove. In my opinion, in an attempt to make life easier for families in terms of attending parole hearings, the member is unwittingly making things more difficult when they need not be.

None of this may happen because the judge could instead hand down a 25-year sentence. He may not feel comfortable with a longer sentence. We are already waiting for Supreme Court decisions to find out if sentences of more than 25 years—such as three consecutive sentences of 25 years, where the person is sentenced to 75 years in prison—are legal in our Canadian system under the Canadian Charter of Rights and Freedoms. There are still some Supreme Court decisions to come. The government may be surprised once again, and that will affect all these cases.

Let us imagine that the jury recommends to the judge that there be no parole for 40 years. That means that there will be an appeal and the parties will go to court. Will that be considered unusual punishment under the charter? There are some concerns about this.

I asked the member the question earlier because, in my opinion, this provision was not included in Bill C-478, which was introduced by our colleague from Selkirk—Interlake. Bill C-32, introduced by the government, does contain provisions to make life easier for victims.

There are ways to make sure that victims do not suffer as they would if they had to go back before the parole board. There are some who do not want to go to the hearings, but there are some who need to go, for the sake of their sanity, to say their peace before the board. I fully respect that. However, I believe it would have been better to do that with Bill C-32. Amendments of this magnitude to the Criminal Code should not be made with a private member's bill, but with a government bill, to ensure there is at least the impression of coherence with this country's fundamental laws.

That is not the case with a private member's bill, whether or not the member is a backbencher. There is no requirement in that regard.

I have serious concerns about this bill, which unfortunately will not do what it claims for victims. It really would be preferable to bring this forward with Bill C-32 and to drop Bill C-587.

[Colin Mayes, Conservative, Okanagan—Shuswap, BC]

moved that Bill C-587, An Act to amend the Criminal Code (increasing parole ineligibility), be read the second time and referred to a committee.

Mr. Speaker, it is an honour to present my private member's bill in the House today regarding this issue. I would like to take time to thank the member for Selkirk—Interlake for initiating this bill as Bill C-478 in February 2013. The member was unable to forward the bill at that time and is now excluded from doing so. I am more than willing to champion this bill as it has merit and would provide guidance and accommodation to our judiciary to further protect victims of violent crimes.

Today my bill, Bill C-587, would amend section 745 of the Criminal Code to provide that a person convicted of an abduction, sexual assault, and murder of the same victim in respect of the same event or a series of events would be sentenced to imprisonment for life without eligibility for parole until the person had served a sentence of between 25 years and 40 years, as determined by the presiding judge after considering the recommendations, if any, of the jury.

My bill is targeting sadistic murderers. Sadistic criminals convicted of such crimes are never granted parole, thus the hearings are unnecessary and extremely painful for the families to endure. This bill is modelled on Bill C-48, passed in 2011 with the support of the NDP. It amended the Criminal Code with respect to parole inadmissibility for offenders convicted of multiple murders. Because of Bill C-48 receiving royal assent, Travis Baumgartner, the former armoured car guard who shot four of his co-workers, three of them fatally, in a robbery on the University of Alberta campus in June 2012, was sentenced to life in prison with no chance of parole for 40 years.

My bill seeks to extend the parole ineligibility period for those convicted of the abduction, heinous acts of sexual assault and murder of an individual, as did Bill C-48 for multiple murderers. My bill would spare families and loved ones of murder victims from being re-traumatized by repeated parole hearings.

Families of those whose lives have been lost or severely damaged may go through many emotions, namely, shock, horror, physical and emotion pain, nightmares, heartbreak, sorrow, grief, stress, sadness, anger, rage, and may end up distrusting of our social values. To have to go through this over again at a parole hearing is cruel, to say the least.

The seriousness of offences set out in the bill would ensure that the parole ineligibility period would only be applied in cases of the murderer's lack of remorse and where the act of violence would be a heinous and brutal act of violence or sexual assault ending in murder. Allowing for judicial discretion and not a mandatory minimum sentence would ensure charter compliance.

Bill C-587 is focused on preventing the unnecessary agony and trauma of parole hearings for victims' families. The bill would spare the families of victims from having to attend unnecessary parole hearings every two years after the offender's 25-year sentence expired. Making murderers ineligible for parole for 40 years could save families up to eight unnecessary parole hearings.

I want to empower our courts with the ability to increase parole ineligibility when sentencing individuals who have abducted, sexually assaulted and killed our innocent and vulnerable, from the current 25 years up to a maximum of 40 years. Currently, any Canadian convicted of both first and second degree murder is given an automatic life sentence. However, the provisions rarely have put an offender in jail for longer than 25 years, the time at which first degree murderers are eligible for parole.

Darlene Prioriello, age 16, was murdered May 6, 1982, by David James Dobson. She was abducted by Dobson at a Mississauga bus stop. She was raped and mutilated, and suffered a slow, agonizing death. Dobson was convicted of first degree murder and sentenced to life in prison on April 11, 1983. He was scheduled for the first parole hearing in March 2007, but he rescheduled it, causing the Prioriello family much agony since it had to prepare for the emotional day over and over again. In April 2007, he was denied parole.

Daryn Johnsrude, age 16, was murdered on April 21, 1981, by Clifford Olson. Olson applied for parole in 1997, 2006 and in 2010, and was swiftly denied parole every time. Daryn was brutally raped, tortured and killed. He was one of 11 victims murdered by Olson; three of the victims were boys and eight were girls. All were between the ages of nine and 18.

Olson, while in prison, tried to cause the victims' families as much suffering as he could by sending graphic, detailed letters to Daryn's parents, explaining what he had done to their son. He also once sued Daryn's parents for calling him a pedophile. Olson also tried to sell memorabilia online, and made a dozen videos of how to abduct children.

This constant reminder of Olson's cruelty made it very difficult for the families to have any kind of peace or closure. Daryn's mother said, “The only thing more bizarre than Olson's antics is the system that gives him a right to a parole hearing”.

Janet and Karen Johnson, aged 13 and 11, were murdered by David Shearing, aka David Ennis, in August 1982, as were their grandparents and parents. He had parole hearings in 2008 and 2012, and was denied parole each time.

Linda Bright, aged 16, was murdered in 1978 by Donald Armstrong. He has applied for parole hearings numerous times, and then has always cancelled at the last moment. The most recent time was in March 2012.

This bill is all about saving the victims' families from having to go through the agony of attending unnecessary and traumatic parole hearings. My bill would give the judge the discretionary powers to make a recommendation to the jury and also in the sentencing process to award a period of parole ineligibility that would be increased from 25 years up to 40 years.

In my riding of Okanagan—Shuswap, I met with Marie Van Diest, mother of Taylor Van Diest of Armstrong, B.C., whose daughter murdered in October 2011 by Matthew Foerster of Cherryville. He was found guilty of first degree murder. Taylor, 18, was found beaten with fatal head wounds by the side of railroad tracks, hours after going missing on Halloween night 2011.

When my bill is passed, it will assist families by not having them deal with the re-enactment of what happened to their loved ones over and over again, having to face a loved one's killer, to read what was done to their loved one and how their loved one died.

A re-enactment of the offence in court is traumatizing for victims' families as it is. To attend parole hearings is very painful, in fact cruel. Family members have to once again find the pain they have tucked away and bring it back to the surface, and relive it and think about what was done.

If a convict is denied parole, the victims' families will once again have to be prepared to do it again at another parole haring. They should not have to go through this, but they do. They present their victim impact statements to try to ensure the convict is not released. The scheduling of parole hearings is emotional torture.

I ask members of the House to pass the bill. Families have already been victimized once. Having to attend parole hearings causes families of victims a lot of suffering and does not provide them with any closure. They should not have to relive their tragedy.

My bill would save families from going through parole hearing after parole hearing. We must save families from having to endure the cruel punishment of reliving their horror. Sharing a victim impact statement, revealing raw pain and memories is unimaginable.

Let us not fool ourselves. The Supreme Court of Canada, in R. v. Shropshire, stated “parole ineligibility is part of the "punishment" and thereby forms an important element of sentencing policy”.

I will close with the following quote from Susan Ashley, Linda Bright's sister, who said:

...once they have recovered from the horrific abduction, sexual assault and murder of a loved one, then a lengthy Court process, they can spend the next many years healing their wounds...not facing parole hearing after parole hearing.

Private Members' Business

[The Speaker, Conservative, Andrew Scheer]

I would like to make a statement concerning private members' business.

As hon. members know, our Standing Orders provide for the continuance of private members’ business from session to session within a Parliament.

In practical terms, this means that notwithstanding prorogation, the list for the consideration of private members' business established at the beginning of the 41st Parliament shall continue for the duration of this Parliament.

As such, pursuant to Standing Order 86.1, all items of private members' business originating in the House of Commons that were listed on the Order Paper at the conclusion of the previous session are automatically reinstated to the Order Paper and shall be deemed to have been considered and approved at all stages completed at the time of prorogation.

All items will keep the same number as in the first session of the 41st Parliament. More specifically, all bills and motions standing on the list of items outside the order of precedence shall continue to stand. Bills that had met the notice requirement and were printed in the Order Paper but had not yet been introduced will be republished on the Order Paper under the heading “Introduction of Private Members' Bills”. Bills that had not yet been published on the order paper need to be recertified by the Office of the Law Clerk and Parliamentary Counsel and be resubmitted for publication on the notice paper.

Of course all items in the order of precedence remain on the order of precedence or, as the case may be, are referred to the appropriate committee or sent to the Senate.

Specifically, at prorogation there were three private members' bills originating in the House of Commons adopted at second reading and referred to committee.

Therefore, pursuant to Standing Order 86.1, Bill C-458, an act respecting a national charities week and to amend the Income Tax Act (charitable and other gifts) is deemed referred to the Standing Committee on Finance.

Bill C-478, An Act to amend the Criminal Code (increasing parole ineligibility), is deemed referred to the Standing Committee on Justice and Human Rights.

Bill C-489, an act to amend the Criminal Code and the Corrections and Conditional Release Act (restrictions on offenders) is deemed referred to the Standing Committee on Justice and Human Rights.

Accordingly, pursuant to Standing Order 97.1, committees will be required to report on each of these reinstated private members’ bills within 60 sitting days of this statement.

In addition, prior to prorogation, nine private members' bills originating in the House of Commons had been read the third time and passed. Therefore, pursuant to Standing Order 86.1, the following bills are deemed adopted at all stages and passed by the House: Bill C-217, an act to amend the Criminal Code (mischief relating to war memorials); Bill C-266, an act to establish Pope John Paul II day; Bill C-279, an act to amend the Canadian Human Rights Act and the Criminal Code (gender identity); Bill C-290, an act to amend the Criminal Code (sports betting); Bill C-314, an act respecting the awareness of screening among women with dense breast tissue; Bill C-350, an act to amend the Corrections and Conditional Release Act (accountability of offenders); Bill C-377, an act to amend the Income Tax Act (requirements for labour organizations); Bill C-394, an act to amend the Criminal Code and the National Defence Act (criminal organization recruitment); and Bill C-444, an act to amend the Criminal Code (personating peace officer or public officer).

Accordingly, a message will be sent to the Senate to inform it that this House has adopted these nine bills.

Consideration of private members’ business will start on Thursday, October 17, 2013.

As members may be aware, among the items in the order of precedence or deemed referred to committee, there are four bills standing in the name of members recently appointed as parliamentary secretaries who, by virtue of their office, are not eligible to propose items during the consideration of private members' business.

Bill C-511, an act to amend the Federal-Provincial Fiscal Arrangements Act (period of residence) and Bill C-517, an act to amend the Criminal Code (trafficking in persons) were awaiting debate at second reading in the order of precedence at the time of prorogation.

Bill C-458, An Act respecting a National Charities Week and to amend the Income Tax Act (charitable and other gifts), and Bill C-478, An Act to amend the Criminal Code (increasing parole ineligibility), were in committee at the time of prorogation and, as stated earlier, have been returned there.

This is in keeping with the principle expressed at pages 550-551 and 1125 of the House of Commons Procedure and Practice, second edition, which provides that bills remain on the order of precedence since they are in the possession of the House and only the House can take further decision on them.

These items are therefore without eligible sponsors but remain in the possession of the House or its committees. If no action is taken, at the appropriate time these items will eventually be dropped from the Order Paper, pursuant to Standing Order 94(2)(c).

Hon. members will find at their desks a detailed explanatory note about private members’ business. I trust that these measures will assist the House in understanding how private members' business will be conducted in this session. The table officers are available to answer any questions members may have.

I thank all members for their attention.

Justice

[James Bezan, Conservative, Selkirk—Interlake, MB]

Mr. Speaker, the previous Liberal government instituted a justice system that put a greater emphasis on the rights of criminals than on the rights of victims. Our government promised to change that.

To further stand up for victims, I introduced Bill C-478, the respecting families of murdered and brutalized persons act. This bill would give judges the discretion to increase the parole ineligibility period for murderers who abduct, rape and brutally kill their victims. Unfortunately, the opposition refused to put victims first.

Could the Minister of Justice please reiterate the government's position on my bill and its reaction to yesterday's vote?

Respecting Families of Murdered and Brutalized Persons Act

[The Speaker, Conservative, Andrew Scheer]

The House will now proceed to the taking of the deferred recorded division on the motion at second reading stage of Bill C-478 under private members' business.

The House resumed from June 4 consideration of the motion that Bill C-478, An Act to amend the Criminal Code (increasing parole ineligibility), be read the second time and referred to a committee.

[James Bezan, Conservative, Selkirk—Interlake, MB]

Mr. Speaker, I appreciate the opportunity to reply to the comments that have been made in the House over the last two hours of debate. I want to thank those members who have spoken out in favour of my bill and the importance of it and how it stands up for victims and the re-victimization that they face every time they have to attend an unnecessary parole board hearing.

I have to take a great deal of exception with some of the statements that were made by members across the way, that this is a government bill. That is an insult to my staff, who have worked on this bill so diligently. It is an insult to the Library of Parliament researchers and drafters, who helped in the drafting process. I can tell members that those types of comments are not at all helpful to the overall decorum of this place when it is trying to minimize us as private members in bringing forward business.

As I said in my opening comments, the catalyst for going forward with this bill goes back to 2009, when I first started thinking about what was happening with the Tori Stafford case, with the capture of Michael Rafferty and Terri-Lynne McClintic and the overall result of having them sentenced to life imprisonment.

While that was taking place, we were listening to the Clifford Olson saga as he was dying in prison from cancer and all the stories about how he re-victimized the families of his victims over and over again by making them appear at these unnecessary parole board hearings.

It is important that we respect one another in this place. Making those types of comments that minimize our role in this chamber as being puppets for the government is deeply disturbing. At some point in time, I may be requesting an apology from the members who made those statements.

Some of the comments revolved around the constitutionality of Bill C-478. I can tell members that is a concern that I had. I wanted to ensure that if we were going to draft a bill, it was not going to be struck down by the courts under a charter challenge. It would give full power and discretion to the judges, to the judiciary, to make the decision whether or not they wanted to increase parole ineligibility from 25 years up to a maximum of 40 years. They would have the power, either through a jury process or on their own, to make a decision whether or not parole ineligibility could be anywhere between 25 and 40 years.

It is important to know that these are the most depraved and sadistic murderers in Canadian society. These are the people who go to jail and are never again released. I think that is something that we have to take special note of. This is not about stiffer penalties and more punishment, because these murderers never ever are given parole ineligibility. Also, to ensure that this bill was constitutional, I wanted to fashion it after Bill C-48, which passed in 2011 just before the last election. That bill was proven to be constitutional and charter-compliant and so I fashioned our bill after that process.

Now, as was pointed by some members here, that maybe it is not perfect in its terms because it was a private members' bill, it was drafted by Library of Parliament and my staff working together. We are willing to accept any amendments that would improve the technical aspects and the legality of Bill C-478.

I have also taken note that some people said that victims' rights groups are not supporting this bill. I can tell members that Victims of Violence, led by Sharon Rosenfeldt, supports this bill; that Yvonne Harvey and the Canadian Parents of Murdered Children support this bill; the Association of Families of Persons Assassinated or Disappeared supports this bill; and the Canadian Resource Centre for Victims of Crime supports this bill.

Also, I heard from the NDP members in the first hour of debate that this bill would violate international law. They kept talking about the Rome Statute. However, I can tell members that the Rome Statute of the International Criminal Court applies only to genocides, crimes against humanity, war crimes and the crime of aggression.

This is a domestic bill, domestic law, and the power completely lies with the country and Parliament can make these decisions.

To point out the hypocrisy of the NDP, it supported Bill C-48 in the last Parliament. Why would it not support this bill, which is fashioned in the same format as Bill C-48 and would even go further in addressing the most depraved, sadistic murderers who go out and abduct children, abduct individuals, sexually assault them and then violently murder them? Those are the people we want to ensure we address. We want to ensure that the families of those victims would not have to be re-terrorized by these horrific individuals.

[James Bezan, Conservative, Selkirk—Interlake, MB]

Mr. Speaker, I know it is rare to have filibusters take place in private members' business. It is important that we respect the rules of the House, which means the debate has to be relevant to what is taking place. None of the comments that have been made in the last minute and a half have been relevant to Bill C-478. I would ask that the member be brought to order and that he follow the rules of the House.