Good evening. My name is Michel Surprenant, and I am the president of the AFPAD, or the Association of Families of Persons Assassinated or Disappeared.
I would like to thank the members of the House of Commons Standing Committee on Justice and Human Rights for having me here today for the study of Bill C-54.
I would like to share a few examples of not criminally responsible cases that have been of concern to member families of the association in recent years and that justify the AFPAD's support of this bill.
Allow me to start by telling you a little bit about the AFPAD, which I represent. It was founded by victims' families for victims' families. The main mission of the Association of the Families of Persons Assassinated or Disappeared is to support, advise and defend the interests of families affected by a homicide or disappearance under apparently criminal circumstances. The AFPAD has over 500 member families.
In recent years, a number of cases have attracted the attention of victims in Quebec. I would like to tell you about some of these cases.
I would like to start with the case of Pascal Morin. On February 10, 2012, a little over a year ago, in a murderous fit and affected by a mental illness, Pascal Morin in turn killed his mother, Ginette Roy-Morin, 70 years of age, and his two nieces, Laurence and Juliette Fillion. At the end of his trial, Pascal Morin was found not criminally responsible for his actions under section 16 of the Criminal Code.
No one is questioning the fact that he was sick. He is currently in hospital under the responsibility of the mental health commission. However, the idea of Pascal Morin's being released causes enormous fear on the part of the family and the community, which knows Pascal Morin well.
The idea of releasing such people makes the families of victims and the authorities fear the worst. I would like to quote Francis Fillion, the father of the victims, “Our other daughter, who is five years old, still wonders if her uncle will come and see her and kill her. All I want now is to take care of my family without the fear that he can visit her!”
Furthermore, the mayors of the Saint-Roman region have asked the government to intervene to prevent this type of case. On December 8, 2012, the council of mayors of the Granit RCM expressed that it was urgent to find solutions so that tragedies like this wouldn't happen in the future.
According to the AFPAD, in addition to strengthening medical resources for people with mental health issues, Bill C-54 is an essential solution.
As Dr. Gaston said during her testimony before the committee on June 5, 2013, a distinction needs to be made between primary and secondary prevention. Primary prevention means providing resources to treat individuals with mental health issues before their case become so severe that they are a danger to other members of society. The provincial government is responsible for taking care of this because it comes under the responsibility of health care authorities.
Furthermore, when a crime has been committed and it involves serious personal injury, the AFPAD believes it is reasonable and fair to take preventive measures so that an individual who committed a crime, but who was deemed not criminally responsible, cannot commit another one. To achieve that, the person needs to remain very closely monitored for a certain number of years.
Bill C-54 will ensure that the most serious cases cannot be quickly released from hospital. That doesn't mean putting them in prison, but rather giving them the care they need.
Bill C-54 is a reasonable and fair response that could have enabled Ronald Malo's family to feel respected as victims. Remember that Ronald Malo was murdered in cold blood by Rolland Belzil at the Verchères city hall. Rolland Belzil was found not criminally responsible after he was charged with attempted murder in 2012 of two City of Verchères employees in Montérégie. A third charge, for the murder of his 80-year-old neighbour, Ronald Malo, was brought later.
The justice system needs Bill C-54 to restore public confidence in institutions of the judicial system. When citizens lose confidence in the justice system, not only does it lead to distrust of judges, defence lawyers and Crown attorneys, but it also causes mistrust and fear within families and the community. These fears are not unjustified.
Rolland Belzil stabbed his neighbour, Ronald Malo, to death following a dispute over a fence that had gone on for 12 years. He then went to city hall, where he allegedly attacked Luc Fortier, the city manager, and Martin Massicotte, his assistant, at knifepoint. Allow me to quote the lawyer of the victims, who had the opportunity to be represented. These comments by Christine Dubreuil-Duchaine appeared in an article:
“At what point do we declare a person dangerous or not? How far can we go without there being any true consequences? As far as I'm concerned, this situation mirrors that of Guy Turcotte...,” said Ms. Dubreuil-Duchaine.
According to the lawyer, the Quebec justice system needs to ask the right questions, so that there are no more situations like Ronald Malo's. Should justice be harsher? Should we step in more quickly?
“Someone paid with their life for these questions to be asked,” lamented Ms. Dubreuil-Duchaine....
I would also like to tell you about the case of Alain Piché, an accountant who lived in Cap-de-la-Madeleine and who had no prior criminal record. However, on March 19, 2007, Alain Piché killed his parents. He cut off their heads with an axe and a blunt object before hiding their bodies in a freezer. In July 2008, the court rendered its verdict and found him not criminally responsible on account of mental disorder. In June 2009, Piché was admitted to the Institut Philippe-Pinel.
The mental disorder review board had granted Piché unescorted absences. I repeat: they were unescorted absences. The only condition imposed on him was that he not communicate with members of his family. The attending medical team was even given the power to determine the terms, duration and frequency of his absences based on his clinical state and his behaviour.
This raised the indignation of the criminal and penal prosecuting attorney responsible for the case, Jean-François Bouvette. He had deplored the fact that it was up to the board to monitor Alain Piché's absences and to issue conditions to ensure the public's safety. This example clearly reveals the fear that this type of permission can lead to in the community. This example also shows the risks of giving the mental disorder review board too much leeway.
Thanks to Bill C-54, the most serious cases of personal injury can be better monitored. It will be up to judges to determine when a person will be at high risk and when that person is no longer at high risk. High-risk individuals will not be able to go out into the community. They will have to receive intensive medical care, surrounded by trained medical personnel. Some might say that it is stigmatizing toward individuals with mental illness. The AFPAD feels that it is a secondary prevention measure that will protect the lives and safety of community members, including families and individuals with a mental illness who have not committed any serious offences.
I will close by reminding you that these cases of being not criminally responsible, including the case of Guy Turcotte, who killed his two children, affected the population. A mother from Sherbrooke, Fanny Denoncourt, who was quite shocked by the outcome of the Guy Turcotte trial, took the initiative of organizing a march to denounce violence against children. The protest took place on March 2, 2013, in the streets of Sherbrooke, and other similar protests were held at the same time elsewhere in Quebec to demand tougher criminal legislation.
On behalf of victims, on behalf of future victims who will have to experience tragedies, on behalf of the population, we ask you to support Bill C-54 and pass it as quickly as possible; otherwise, the justice system will lose even more of its legitimacy.
Thank you.