Thank you, Mr. Chair.
Thank you, Justice Major.
I'm Brian Jean, from Fort McMurray, Alberta, where I practised criminal law and divorce law for many years.
Looking at statistics, I note that in 1985, for instance, there were somewhere around 1,327 reported kidnappings, of which 21% had charges laid. There were 168 males, 80 females, and 9 juveniles that were ultimately charged. There was about a 21% charge rate, which in my mind means that 79% of people are getting away with it.
During the time I practised divorce law, I recognized of course that the Divorce Act has children as a primary concern, as does the Hague Convention on international child abduction, which all of Canada's jurisdictions are a signatory to.
I have two questions for you in relation to this, particularly relating to the children. I'd like you to keep in mind the primary concern, which I think should be children, even in relation to these particular charges.
The first is a parent exemption and how you would word a parent exemption to ensure that it was left more to a civil court, except in particular cases that are nefarious and very difficult to deal with. The second is the chance of return, especially relating to a mandatory minimum sentence of some 10 years, for instance, or five years, as the case may be, depending on what the committee ultimately decides.
What is the chance of returning a child, if indeed somebody is faced with serious time in jail? Do you think that would be part of the equation, or should it be?