Yes.
Evidence of meeting #39 for Justice and Human Rights in the 40th Parliament, 3rd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was murder.
A recording is available from Parliament.
Evidence of meeting #39 for Justice and Human Rights in the 40th Parliament, 3rd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was murder.
A recording is available from Parliament.
4:10 p.m.
Bloc
Marc Lemay Bloc Abitibi—Témiscamingue, QC
But if the judge had that discretion, he could sentence him to two consecutive 25-year terms. That's what I've understood.
4:10 p.m.
Counsel, Criminal Law Policy Section, Department of Justice
Yes, if the murders had been committed after the act came into force, the judge could have sentenced him to 50 years, 25 years for each murder.
4:10 p.m.
Bloc
4:10 p.m.
Bloc
Marc Lemay Bloc Abitibi—Témiscamingue, QC
The situation is exactly that. There is a problem with the Criminal Code. No one saw it.
I know you can't engage in politics. So you can't say what you think about the short title of this bill. However, everyone currently agrees that the courts don't have the necessary discretion. If a person commits four murders, he'll be sentenced to 25 years.
4:10 p.m.
Bloc
Marc Lemay Bloc Abitibi—Témiscamingue, QC
Now we could let the judge impose consecutive terms. If he exercises his discretion, it's at least 25 years more. That's what I've understood. That's what's proposed in the bill.
4:10 p.m.
Bloc
Marc Lemay Bloc Abitibi—Témiscamingue, QC
Under paragraph 745(b), there will be no opportunity to impose a term of less than 25 years.
4:10 p.m.
Bloc
Marc Lemay Bloc Abitibi—Témiscamingue, QC
Perfect, that's clear.
Thank you.
Wait a moment; do I have any time left?
4:10 p.m.
Bloc
Marc Lemay Bloc Abitibi—Témiscamingue, QC
Do the provisions also apply to military members under section 149 or 140 of the National Defence Act?
4:10 p.m.
LCol Bruce MacGregor
Yes, Monsieur, it is. From the military justice system, we see no reason to diverge from the government's position on this for the sake of the military. So it is consistent.
4:10 p.m.
Conservative
Bob Dechert Conservative Mississauga—Erindale, ON
Thank you, Mr. Chair.
I'd like to start by just correcting the record. Mr. Lemay mentioned a certain individual. Russell Williams has been stripped of all rank in the Canadian Forces, and I think Lieutenant-Colonel MacGregor will agree with me. So I think we should probably correct the record.
4:10 p.m.
Conservative
Bob Dechert Conservative Mississauga—Erindale, ON
Oh, perhaps it was. I apologize. That's what I heard in translation.
4:10 p.m.
Conservative
Bob Dechert Conservative Mississauga—Erindale, ON
Yes. Russell Williams has been stripped of all rank in the Canadian Forces. I just wanted to point that out and correct the record on that matter.
4:10 p.m.
Conservative
Bob Dechert Conservative Mississauga—Erindale, ON
Mr. Giokas, could you tell us why consecutive periods of parole ineligibility are not made mandatory under this legislation for multiple murderers?
4:10 p.m.
Counsel, Criminal Law Policy Section, Department of Justice
It's to ensure that we are in conformity with the charter.
