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Crucial Fact

  • Her favourite word was justice.

Last in Parliament May 2004, as Bloc MP for Saint-Bruno—Saint-Hubert (Québec)

Won her last election, in 2000, with 44% of the vote.

Statements in the House

Corrections And Conditional Release Act December 1st, 1994

Mr. Speaker, after the news we just heard about Mr. Bouchard's illness, I can assure you that I will do my duty as I am expected to do as a member of Parliament.

Bill C-240 is a prime example of a philosophy that is both reactionary and repressive. The Reform Party is pulling out all the stops to give the impression that this is a crisis and they are the only ones who can save us. The bill introduced by the hon. member does not provide any realistic or practical answers to the problem of repeat offenders.

In fact, it favours a drastic and simplistic response to a complex problem. The bill consists of two parts. The first part concerns the conditions to be met for conditional release, in the case of an offender convicted of sexual assault involving a child. Under the new conditions it would be easier to continue the detention of such offenders by denying them a conditional release.

They would have to serve their full sentence. The second part of the bill concerns new regulations that would permit danger-

ous offender findings to be made after sentencing. The concept already exists in the Criminal Code. At the present time, the dangerous offender finding can be made at the time of sentencing. In the bill before the House today, this finding could also be made just before the end of the sentence.

Once a dangerous offender finding has been made, the offender's prison sentence may be extended for an indeterminate period, irrespective of the original sentence. I will first consider that part of the bill that concerns individuals convicted of sexual offences involving young victims. These are among the most repugnant crimes we can imagine. As I have said before, society must protect itself against this kind of individual.

Bill C-240 has the advantage of preventing the premature release of these offenders. However, similar provisions already exist in Bill C-45, whose purpose is to amend the Corrections and Conditional Release Act. In fact, Bill C-45 provides that in the case of a sexual offence involving a child, the National Parole Board would not have to establish the existence or probability of serious harm.

The Board must be satisfied that an offender is likely to commit a sexual offence involving a child before the expiration of his sentence. These provisions may be found in section 43(1) of the bill to amend the Corrections and Conditional Release Act. Bill C-45 has been referred to the Standing Committee on Justice and Legal Affairs where it is now under consideration. Since the amendment proposed by the hon. member is in all respects identical to the amendment from the Department of Justice, I think it would be premature to comment at this stage.

The second part of the bill presented by my colleague deals with finding an offender to be a dangerous offender. Clause 26 introduces an important amendment to the Criminal Code, which would make it possible to detain in a penitentiary for an indeterminate period an offender found to be dangerous. It would be post-sentencing detention since this penalty would be imposed after sentencing.

By presenting a bill of this kind, the Reform Party member shows to what extent repression and vengeance underly that party's policies with respect to criminal law. Looking at this bill, I have the feeling that Reform members have never heard of the principles of fundamental justice, procedural fairness, and presumption of innocence. These are the principles which make our society free and democratic.

To undermine these principles puts our society at risk. As members of this House, we must be on guard and defeat rightist proposals, which are taken up by a press eager to make us believe that we are still in the midst of a crisis. Before commenting further on this, let us first look at what constitutes a dangerous offender.

Section 753 of the Criminal Code allows the court to find to be a dangerous offender an individual convicted of a serious personal injury or sexual offence. These offences are listed in section 752 of the Criminal Code. Once the accused is found guilty of any one of the offences listed in section 752, the court hears the evidence presented by the Crown and hands down its decision based on the following factors, as listed in section 753:

A pattern of repetitive behaviour showing that the offender is failing to restrain his behaviour; the offender is showing a substantial degree of indifference respecting the consequences of his behaviour; the behaviour associated with the offence is of such a brutal nature that it is unlikely to be inhibited by normal standards of restriction of freedom.

The decision of the court is given after the offender has been convicted, but before sentencing. The court finds the offender to be dangerous and, instead of imposing a regular sentence, imposes a sentence of indeterminate imprisonment. This is the harshest sentence that can be imposed by a court, since the offender is not eligible for mandatory parole.

The case of the person is reviewed three years after the conviction and every two years thereafter. In practice, these are pro-forma reviews, since officers of the National Parole Board never hesitate, except in a few rare cases, to recommend the continuing of the sentence.

In her bill, my colleague proposes that the whole judicial process be repeated just before the end of the sentence of a given offender. Bill C-240 proposes nothing short of a new trial, with new evidence and a new sentence. Let us remember that this new procedure would not apply to a crime already committed, but to a crime that might be committed.

In fact, it would amount to convicting again someone who has already served his sentence. May I remind this House that the Canadian Charter of Rights and Freedoms protects individuals against double convictions. Section 11(h) says, and I quote: "Any person charged with an offence has the right- if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again".

As we can see, this bill would not withstand a constitutional challenge. It also seems incompatible with the principle of basic justice to go after an individual by reopening the investigation and introducing new evidence on which the initial verdict could not be based.

Another issue raised by this bill is that of relevance. The hon. member herself admitted in this House that her bill only affects

a very small number of inmates. The problem of repeat offenders is much broader and requires more comprehensive solutions than those proposed by my colleague.

She even wildly exaggerated an isolated case, arguing that her bill would solve that kind of problem. The truth is that Bill C-240 suggests only partial solutions and affects only dangerous offenders representing 0.5 per cent of all Canadian inmates now in federal correctional institutions.

If we look at the statistics a little more closely, we will see that, as of December 17, 1992, there were 121 offenders designated as dangerous in Canada. Interesting enough, none of them were in Quebec, the vast majority of them being found in Ontario and the Western provinces. Between 1985 and 1992, the number of dangerous offenders on parole was limited to one per year, a number which has always remained constant.

There are no facts which justify such drastic action. The reactionary measures proposed by my colleague are also superfluous, as the courts already have tools to identify as dangerous any offender before them. Judicious enforcement of the Criminal Code could solve many problems.

It is not enough to respond to public opinion as conveyed by tabloids trying to boost sales and it is not enough to go after a very small number of individuals. From now on, the Liberal government must decide, in co-operation with the provinces, on a global approach to identify repeat offenders and ensure that society is better protected.

Gun Control December 1st, 1994

Mr. Speaker, how can the minister claim not to have caved in to the gun lobby, considering that his eventual legislation will allow more than 4,000 Canadians to keep their AK-47s and more than half a million others to keep their hand guns for the rest of their lives, all the while keeping within the law?

Gun Control December 1st, 1994

Mr. Speaker, my question is for the Minister of Justice.

On December 6, 1989, 14 young women were killed at the École polytechnique, in Montreal. This tragedy triggered a major movement for gun control. Yet, five years later, the government introduces a mere action plan, in spite of the commitment made by the Minister of Justice and the Prime Minister to table a bill before Christmas.

How can the minister be satisfied with his action plan, whose effects will not be measurable until the year 2003, almost 15 years after the tragedy at École polytechnique?

Gun Control November 30th, 1994

Thank you, Mr. Speaker. I was saying that the government action plan is best characterized by fence-straddling. It reflects in part the position of citizens requesting gun control and gives in to the pro-gun lobby by postponing indefinitely the universal registration of firearms.

The minister has no intention of seeing universal registration implemented during his mandate. He expresses concern for the number of victims of homicides by gun, but tables no bill and puts off until 2001 the requirement for gun owners to obtain firearms certificates. They will have until the next millennium to comply with the minister's action plan.

As for firearms registration per se, owners are given until 2003 to register their firearms. How can the Minister of Justice think that he can be taken seriously when he says that the time has come to act and, in the same breath, tells us that weapons currently in circulation will not have to be registered for nearly ten years?

On the subject of penalties, the government action plan proposes a number of improvements regarding maximum sentences for crimes involving the use of a firearm. The list of offenses, however, includes neither assault with a weapon nor confinement.

The Minister of Justice also promised us tough measures on the smuggling and importation of firearms. Strangely enough, his action plan suggests stiffer penalties for owners of hunting rifles without registration cards than for those who import or own smuggled weapons.

While the hunter will be liable to a minimum sentence of one year in prison for a second offence, the smuggler may not even have to go to jail. Today, the minister tried to cover all bases of gun control, except perhaps when it comes to issuing registration cards for cannons, without biting into any of the real issues.

The Liberal government's lack of action does not take into account the realities faced by gun owners. In this regard, the regulations already in effect are inconsistent and difficult to enforce, even by police officers, who often are not familiar with them. On November 15, the minister replied to me in this House, and I quote: "We will make every effort to simplify (the regulations)". This does not seem to be among his priorities today.

Nowhere in the paper tabled by the Minister of Justice do we see an attempt at regulatory reform. The minister has failed to ensure that the existing regulations, particularly on the display, storage and transportation of firearms, are consistent and easy to enforce. These regulations are not published in an equitable manner. For example, the Minister of Justice is currently distributing among police forces throughout Canada an information booklet with different French- and English-language versions. It is this booklet I am talking about.

The inconsistency can be found in the chapter on the transportation of restricted weapons. Francophone and anglophone readers do not have to transport the weapon in the same way to conform to the regulations. In fact, the English-language version specifies that restricted weapons must be locked and stored individually, while the French-language version stipulates that these weapons only have to be stored individually. Does the minister promise to withdraw this misleading booklet from circulation?

The Minister of Justice is quite aware of the investigation conducted this month in Montreal by coroner Anne-Marie David. For his information, some 20 witnesses representing various organizations told coroner David how inconsistent and confusing these regulations are. Their lack of clarity leaves room for interpretation and its attendant dangers. In addition to promising new measures attempting to plug all the holes, he should have revised the faulty regulations already in effect.

Gun Control November 30th, 1994

Mr. Speaker, the Minister of Justice deceived us, fooled us, took us for a ride with the help of the Prime Minister himself. He had been promising a new gun control act for months, instead we get lip service from the minister.

In September, the minister said that he would table a bill in November and today he has the nerve to tell this House that it will be delayed until February. And we are supposed to trust him!

We will not, Mr. Speaker. We took his word for it, but we will not be caught a second time. We no longer believe the justice minister's promises.

There is nothing before us today, but good intentions. A ministerial statement does not commit the government to anything in particular. The justice minister may very well change his mind again tomorrow morning, and we will not be any further ahead, we will be at a standstill. Since the past is an indication of the future, the minister will probably change his mind and postpone the tabling of his bill till kingdom comes.

I find it very suspicious to see the minister wriggle out of it. Obviously, even if he takes the trouble to deny it, he yielded to the gun lobby to which several of his cabinet colleagues belong. A vocal minority easily won him over in spite of his supposedly strongly held beliefs.

On September 22, the minister stated in the House that the Liberal government was "going to deal with illegal firearms in this country, toughen the criminal law in its response to those who use firearms in the commission of offences, and deal with the regulation of firearms in the hand of lawful owners in a

manner consistent with safety in our society". When, Mr. Speaker, when?

The same day, the justice minister stated that he had spent the summer consulting with Canadians. In response to one of my questions, he said, and I quote: "I spent most of the summer consulting Canadians throughout the country and I listened to what they had to say". Either he is hard-of-hearing or he listened only to what the pro-gun lobby has to say. Apparently, nothing positive has transpired from these consultations. We are still dealing with good intentions.

Today, the minister tell us that now is the time to act. What is stopping him? It seems that action does not mean the same thing across the way as it does on our side of the House. On this side, when we say the time has come to act, it means that appropriate action is being taken and, in the present case, it should have taken the form of a gun control bill. But for the Minister of Justice, now means three months down the road, maybe.

The minister quoted disturbing statistics: "on average, one woman every six days is shot to death in this country". How many more will have died three months from now?

Does the minister need a better reason to act? He should realize that the longer he waits, the worse it is. With its action plan, the government is sitting on the fence.

Mr. Speaker, I do not know if can you hear, as I do, the noise coming from the back, but I must admit it interferes with my concentration.

Gun Control November 29th, 1994

Mr. Speaker, the minister already told us on September 22 that he would table a bill, and not proposals, in November.

Since he seems to be retracting, is this how the minister intends to keep his word?

Gun Control November 29th, 1994

Mr. Speaker, my question is for the Minister of Justice. Less than three weeks before the House adjourns for the holiday season, the Minister of Justice has still not tabled a gun control bill, despite his and the Prime Minister's repeated promises in this House.

Does the minister intend to table his bill before Christmas, yes or no?

Justice November 22nd, 1994

Mr. Speaker, I think that what we have is not a Minister of Justice but a minister of consultation.

Why does the minister not table a bill immediately instead of consulting right and left? We want a bill now!

Justice November 22nd, 1994

Mr. Speaker, as a follow-up to the same question on the same subject put to the Minister of Justice, how can the minister use the pretext of having to consult Canadians, when what is obviously expected of him is to act now? What is he waiting for, what is keeping him from taking action?

Committees Of The House November 16th, 1994

Mr. Speaker, in a dissenting opinion to the report of the Standing Committee on Justice and Legal Affairs, the Bloc Quebecois points out that the exploitation of violence cannot fail to be of concern to all of us. There is no doubt that trade cards and board games (black series) fly in the face of our fundamental values and shamefully defile the memory of the battered and murdered victims.

Witnesses indicated that they had been unable to have a look at these board games and serial killer cards until the committee gave them samples. The same was true of most MPs who opposed importing and manufacturing serial killer cards. They acknowledged they had never seen any.

Therefore, one must wonder how such a marginal issue could keep committee members occupied for several months. Obviously, this is not very responsible.

We firmly believe that this committee should deal more with issues related to real violence rather than hypothetical violence due to the action of some shady publishers.