Mr. Speaker, I rise today to speak to private member's Bill C-484, which proposes to amend the Criminal Code to make it an offence to injure, cause the death of, or attempt to cause the death of a child before or during birth while committing, or attempting to commit an offence against the mother.
I do not think that anyone in the House could oppose the intent of this legislation. The assault of a pregnant woman and a direct or indirect assault against the child she is carrying is deserving of a very significant and strong penalty.
The bill is technically complex and therefore, in my opinion, should be carefully reviewed if it is referred to committee for study.
Bill C-484 proposes a mandatory minimum penalty of 10 years for the offence of directly or indirectly causing the death of a child while committing or attempting to commit an offence against the mother, who the person knows or ought to know is pregnant. I am not a lawyer, but I hope that the term “ought to know” satisfies the constitutionally required mental elements for criminal offences intent.
I am concerned that if two charges are laid as proposed in the bill, one charge for assaulting the pregnant woman and one charge for injuring or killing the child she is carrying, it may not necessarily result in a lengthier sentence for the accused, as most sentences in this country are served concurrently. I therefore believe we need to address this deficiency not just within the bill before us today, but in general.
I know that the justice minister has had a full agenda over the last year, and I strongly applaud him for his initiatives, for example, with the tackling violent crime bill, but I do hope that in time he will address the issue of concurrent sentences by allowing for consecutive sentences for limited offences. In my opinion, it is not right that an offender who may seriously assault multiple victims serves the sentences for each of those offences concurrently.
I would also urge our government to continue the ongoing commitment and efforts to address spousal violence and violence against women.
According to a 2006 Statistics Canada report, women in this country are still more likely than men to be the victims of the most severe forms of spousal assault, as well as spousal homicide, sexual assault and criminal harassment. The report states that only 8% of sexual assault victims report the assaults to police.
The key findings of the report with respect to spousal violence are: women are more than twice as likely as men to be physically injured by their partners; women are four times more likely than men to be choked; women are six times more likely to receive medical attention; women are five times more likely to be hospitalized as a result of the violence; women are twice as likely than men to report ongoing assaults, and by that I mean 10 assaults or more; women are more than three times as likely as men to indicate that they feared for their lives from a violent spouse; and, the rate of spousal homicide against females has been three to five times higher than the rate for males.
This government's tackling violent crime priority aims to ensure that everyone, particularly the most vulnerable members of our society, can feel safe and secure in their communities and their homes. This government has introduced and passed a number of bills, including Bill C-9 in the first session of this Parliament, which ended conditional sentences for serious personal injury offences such as aggravated sexual assault.
This government has also introduced a number of non-legislative measures, including the announcement of a $52 million boost to programs, services and funding for victims of crime over the next four years to help federal, provincial and territorial governments respond to a variety of emerging issues facing victims of crime across the country. The appointment of Steve Sullivan on April 23, 2007 as the first federal ombudsman for victims of crime is a part of that package.
Since February 2006 the federal-provincial-territorial working group on missing women has been examining the issue of missing women and, in particular, cases involving serial killers who target persons living a high risk lifestyle, including but not limited to those working in the sex trade.
Justice Canada, through the family violence initiative, actively addresses family violence, which has a serious impact on women through ongoing activities that focus on criminal policy development and support research, programming, public legal education and evaluation.
Although Justice Canada does not have the mandate to provide sustained funding for direct service delivery, including shelters, it does contribute to programs, public legal education materials and consultations that are designed to protect aboriginal women and children from family violence.
This government is firmly committed to protecting women and other vulnerable persons from all types of violence and to holding perpetrators accountable for their acts.
The intent of the bill before us today aims to protect women. It is a bill that I wholeheartedly support, and I encourage all of my colleagues to support it as well.