Mr. Speaker, it is trite to say that the primary consideration in assessing all aspects of criminal law and our criminal justice system, including in particular sentencing provisions, is the protection of the public and the safety of each citizen and, by extension, each community in Canada.
We have a collective responsibility to Canadians to ensure that laws passed in the House will truly take us a step further in ensuring the safety of Canada's citizens and that laws passed here are not the result of slogans, gimmicks or calculations. No party in this chamber has a monopoly on the desire to safeguard the security and safety of all Canadians and it is irresponsible to suggest that any of the parties in the House is soft on crime.
We need to set aside conjecture, to set aside speculation and deal with the hard and fast reality of criminal behaviour and the roots of criminal behaviour. The truth is that human behaviour, criminal or otherwise, does not lend itself to a simple or computer driven analysis, and it is too easy to conclude that there will automatically be a deterrent effect if the sentencing bar is only set high enough or the sentencing bar is only set harsh enough.
The member opposite in introducing this bill is of the belief, sincerely held--and I attribute that to him, he sincerely believes--that a potential thief will be deterred from his criminal act when he realizes that a second or third offence of auto theft will yield a certain prescribed penalty. Logic and rationale are not at the forefront of a person's mind when he decides to take property not belonging to himself. For the member opposite who introduced the bill to rather blithely assume that this grid or scale of sentences will actually deter auto theft in Canada is, and I say this with respect, naive.
Unquestionably, auto theft is a serious issue for all Canadians, in the member's riding, in my riding, throughout Canada, but I am not convinced that the manner in which it is addressed in the bill is the best way, or even an effective way, to deal with the problem of auto theft. Indeed, if I were satisfied or persuaded that this type of sentencing regimen or schedule would actually result in a decrease of auto theft in Canada, I would be quite happy to speak in favour of the bill.
Our criminal justice system, which has resulted in Canada becoming unquestionably one of the safest countries on earth in which to live, properly uses mandatory minimum sentences with considerable restraint. Our system prefers an individualized sentencing approach which gives courts the discretion to fashion a sentence which is proportionate to the seriousness of the offence and the conduct of the offender, while also considering any aggravating or mitigating factors.
There are certain myths or misconceptions which surround the issue of criminal law in Canada, chief among them being that the rate of crime is on the increase or, as some feel, the rate of crime is wildly on the increase. According to statistics, the rate of crime is actually decreasing.
The member opposite is again likely assuming that those who engage in criminal behaviour are informed about all aspects of criminal law, including sentencing provisions. In reality, most individuals are not aware that there are minimum sentences, so to suggest or hope that minimum penalties will automatically trigger a decrease in criminal behaviour is simply not realistic.
Although it may be said that reasonable people can be discouraged by harsh legislation, reasonable people are not normally individuals who are committing crimes. Crimes are, in essence, impulsive actions committed by only certain segments of the population.
To use an analogy, when capital punishment was abolished, there were suggestions in some quarters that the homicide rate would surely increase as the harshest penalty then available was no longer the law of the land. As we all know, the homicide rate in Canada has decreased over the years.
Another example is repeat drinking and driving offences. There are mandatory minimum sentences for repeat drinking and driving offences, but these minimum sentences have not changed in 15 years. The legislation has not been changed, and yet in 15 years, significant positive steps have been taken in lowering the number of drinking and driving offenders. The rate has not decreased because punishments have become harsher. Rather, the rate has decreased through education and through increased enforcement of the law.
The ultimate rehabilitation of an offender offers the best long term protection for Canada and for society since rehabilitation ends the risk of a continuing criminal career. There is simply no compelling or persuasive piece of evidence that the sentencing provisions or schedule as outlined in this bill will reduce the incidence of auto theft in Canada.
As has been noted by experts at the Centre for Criminology at the University of Toronto, the literature on the effects of sentence severity on crime levels has been reviewed numerous times in the past 25 years. Most reviews conclude that there is little or no consistent evidence that harsher penalties reduce crime rates. Indeed, a more reasonable assessment of the research to date is that sentence severity has no effect on the level of crime in society.
I heard it said years ago and I still rather tend to believe it is not so much punishment which is feared by individuals, it is the fear of being caught. In my view more resources need to be devoted to the enforcement of our current laws to ensure that more and more wrongdoers are caught.
It has been said that the best deterrent to criminal behaviour is an eye witness. We need to do more at the front end of the spectrum; that is, we need to do more to detect criminal behaviour, including auto theft, and to ensure that those individuals who are caught are prosecuted according to current laws.
It is shortsighted and misleading to the public to pretend that incarcerating more and more individuals for auto theft will actually result in a decrease or a reduction. The statistics loudly tell us otherwise.
