Chris Warkentin

[Criminal Code, April 16th, 2008]

Mr. Speaker, I am pleased this evening to speak to Bill C-384, An Act to amend the Criminal Code (mischief against educational or other institution), a private member's bill introduced by the member for Châteauguay—Saint-Constant.

Bill C-384 proposes to add a new offence to the mischief portion of the Criminal Code. Specifically, it would propose to add the existing mischief provision to make it a specific offence, with increased penalties, when the mischief is committed against an educational or recreational institution that is used exclusively or principally by an identifiable group.

This new provision would apply if it could be established that the perpetrator's mischievous act was motivated by bias, prejudice or hatred.

This new provision would apply if the mischief occurred in relation to the property, that is, the building, that is used exclusively or principally by that group and as included, this would apply to an educational institute, including a school, a day care, a college or a university; a community centre; a playground, an arena or a sports centre; or any other institution with an administrative, social, cultural, educational or recreational function; or in relation to an object associated with an institution; or on the grounds of that institution.

In 2001 an offence of religious mischief was added to the mischief provision of the Criminal Code. Subsection 430(4.1) was enacted to respond to vandalism and threats against religious property, mostly Muslim, that followed the terrorist events of September 11, 2001.

That 2001 offence, subsection 430(4.1), made it a specific crime to commit mischief in relation to property, that is, a building or structure, or part thereof, primarily used for religious worship, including a church, a mosque or a synagogue, or a cemetery, where the commission of the mischief is motivated by bias, prejudice or hate based on religion, race, colour, nationality or ethnic origin.

The new offence proposed by Bill C-384, like the 2001 offence of mischief against religious property, calls for an increased penalty over and above what exists in the current legislation. The proposed amendment would increase from 6 to 18 months the maximum penalty on summary convictions for mischief against the property listed in the bill.

Additionally, it would increase the maximum penalty, when prosecuted by indictment, from a maximum term not exceeding 2 years to a maximum of 10 years for property that is under the value of $5,000.

The objective of the bill would seem to send a message to all Canadians that we do not tolerate acts that are directed toward institutions in Canada that are used by what is defined in subsection 318(4) of the Criminal Code as an identifiable group.

There are of course other initiatives under way that work toward promoting diversity. One of them is Canada's action plan against racism. This initiative is a concerted and coordinated effort by federal departments and agencies to combat racism. The action plan is designated and designed to contribute to the long term goals of strength in communities and the realization of economic potential for all Canadians.

The action plan includes new and expanded initiatives to be undertaken by a number of departments, including Canadian Heritage, Justice Canada, Citizenship and Immigration, Public Safety and Emergency Preparedness, and Human Resources and Social Development.

The Minister of Canadian Heritage has a lead on Canada's action plan against racism and is responsible for reporting to all Canadians through the annual report on the operation of the Canadian Multiculturalism Act. Activities undertaken under the action plan support the values and principles embodied in the Canadian Multiculturalism Act.

Canada's action plan is an example of work that the federal government is doing to promote equality before the law, and equality and respect for the people who make up our rich and diverse nation.

In Canada, we do not tolerate acts that are motivated by bias, prejudice or hatred, and we should continue to work together to ensure that all of our laws fully respect this fundamental value.

[Controlled Drugs and Substances Act, April 15th, 2008]

Mr. Speaker, I appreciate the efforts of the member for Cambridge to reform the criminal justice system and to have stronger penalties for those people who would go after the most vulnerable in our society.

One of the things I have been concerned about, which he mentioned, is the ownership of the properties in which these criminal acts often are committed.

He is talking about a $20,000 fine as a result of having been involved in a grow-op. As a contractor, I have seen the damage caused from some of these grow-ops and $20,000 is a drop in the bucket when we consider the landlords who hope to rent out their homes and get a decent return. However, at the end of the day they are left with hundreds of thousands of dollars in damages to their property because it was used as a grow-op.

The government and this Parliament need to send a signal that we are getting serious about protecting not only those people who are being sold drugs, but also the people who are victimized through grow-ops as well, the people who, in good faith, rent out their homes.

We want to encourage a good rental market but, by not getting tough on the people who rent and destroy these homes and then go on to another home, we do not encourage a rental market, which contributes to the issue of low income housing.

[Controlled Drugs and Substances Act, April 15th, 2008]

Mr. Speaker, as I have had the opportunity to work with my colleagues on both sides of this House, including the member for Burlington, I appreciate the support each one has given me.

In terms of this bill and the bills that we have brought forward, there is no question that in my riding of Peace River and the ridings from coast to coast people are asking that parliamentarians step in and do the work of protecting our young families and the people in our communities who are the most vulnerable.

Because of my work on the crystal meth front, I get calls on a regular basis from people in Vancouver and in the Maritimes who are concerned about the way we deal with it. We need to ensure that we go after, first and foremost, the people who are producing and distributing these drugs, specifically to the most vulnerable.

In the past, attempts have sometimes been made to go after the most vulnerable and criminalize their behaviour. We do want to continue to ensure that people are not being encouraged to possess drugs, but we also need to get to the root cause, which is the networking, manufacturing and distribution of these drugs.

Canadians have asked us to go that route and, clearly, that is where this government is responding and getting tough on the real serious crime of producing and distributing the most serious drugs. This bill would take us that much further.

[Controlled Drugs and Substances Act, April 15th, 2008]

Mr. Speaker, it is with considerable pleasure that I rise today to speak to Bill C-26. From my constituency, I hear great concern with regard to the impact of the drug trade and the drug fueled crime that results from that trade.

With crystal meth, the date rape drug, the marijuana grow ops and clandestine labs proliferating in our communities from coast to coast, Canadians are demanding that the Government of Canada take some action.

In the last election we promised to crack down on drug crime. We promised that we would “introduce mandatory minimum sentences for designated drug trafficking offences to ensure that serious crime results in serious punishment”, and that we would, “end conditional sentences or house arrest for serious crimes, including major drug offences”. We also promised that we would support results oriented community based initiatives for addiction treatments, training and rehabilitation of those who were in trouble with the law.

With Bill C-26 and our national anti-drug strategy, the government is fulfilling these promises.

With the proposed legislation, I am particularly pleased that we will take strong action to combat marijuana grow ops. Why do we need these mandatory minimum penalties for grow ops? We need them because sentences for these offenders amount to little more than a simple slap on the wrist.

Professor Darryl Plecas did a study of all the drug files opened by the police of British Columbia from 1998 to 2003. His findings underscore the need and the urgency for these criminal law reforms.

Professor Plecas found that between 1997 and 2003 indoor grow operations increased in average size from 149 plants to 236 plants. It should be noted that hydro bypasses, which allow for theft of hydro, were seen in approximately one in five grow operations. Also the number of fires associated with grow operations increased from 32 in 1997 to 80 in 2003.

These numbers are important because it draws a picture. Among the suspects, 57% had at least one other drug conviction, 41% had a prior conviction of some form of violence, 22% had a previous conviction for production and 27% had a previous conviction for possession for the purpose of trafficking. On average, suspects had seven convictions occurring over a thirteen year period.

What kind of sentences are the courts imposing? Members may find it hard to believe that Professor Plecas found that only 27% of offenders with nine or more non-drug convictions were imprisoned. For offenders with nine or more drug convictions, only 54% were sentenced to jail time. Moreover, cases in which prison sentencing was the most serious disposition dropped from 19% in 1997 to 10% in 2003, while conditional sentences, as the most serious penalty, increased from 13% to 46%. When a prison sentence was imposed, the average length was only 4.9 months.

Clearly, existing sentences are not deterring individuals with multiple convictions from participating in grow ops over and over again.

I believe all members will agree that these sentences are insufficient to deter persons from being involved in marijuana grow ops. Certainly, I do not think they are appropriate. These sentences do not adequately reflect the serious nature of these crimes.

The issue of grow ops, and specifically crystal meth superlabs, is something in which I have taken a personal interest. My private member's bill, Bill C-428, which is currently being dealt with in the other place, deals with raising the penalties for those who produce and traffic in this dangerous drug.

I have heard from people from coast to coast who are concerned about the illegal drug use. They are concerned especially about the deterrents that are in place for those who produce and distribute these dangerous drugs, which have such a horrific impact in each one of our communities. It is time that Parliament send the needed message as to what we think is the appropriate range of penalties within which a judge can craft a sentence, taking into account the particular circumstances of the offender.

Bill C-26 would set that new range. At present, there is no floor and the ceiling is only seven years. Under Bill C-26 there would be a new maximum of 14 years, indicating clearly to the courts how seriously parliamentarians take this type of crime. More important, there would be mandatory periods of imprisonment that would reflect the number of plants. Those mandatory minimums would be increased where: the production constituted a potential security, health or safety hazard to children who were in the location where the offence was committed or in the immediate area; the production constituted a potential public safety hazard in a residential area; a trap was placed or set; or the offender used real property that belonged to a third party to commit the offence.

Under Bill C-26, the penalties would be: six months for the production of up to 200 marijuana plants where the production was for the purpose of trafficking and nine months where the offence involved safety and health aggravating factors; one year for the production of 201 to 500 plants and 18 months where the offence involved health and safety aggravating factors; and two years for more than 500 plants and three years where the offence involved health and safety aggravating factors.

Clearly these proposed mandatory minimum terms of imprisonment are a measured response and fulfill the promise “ensure that serious crime results in serious punishment”. Moreover, the proposals fulfill the promise to support addiction treatment, training and rehabilitation of those in trouble with the law.

I remind members that where the accused has a previous conviction for a serious drug offence but there are no other aggravating circumstances with respect to the offence before the court, the legislation will allow the court to suspend the imposition of sentence if the offender participates in a drug treatment court program. If the person successfully completes the drug treatment program, the court can impose a lesser sentence.

Drug treatment courts are fairly new to Canada, but they are very promising. I understand that at a press conference on Bill C-26, Joe, the first graduate of Ottawa's drug treatment court, spoke eloquently and emotionally about how the court had helped him to be clean for 16 months. Joe has turned his life around and now he can contribute to society, whereas before he used to commit crimes to get money to feed his drug addiction.

I urge all members of the House to support Bill C-26.

[Public Opinion Research, April 10th, 2008]

Mr. Speaker, for years the former Liberal government wasted huge amounts of money on public opinion research with little or no oversight. Liberal-friendly firms conducted hundreds of unnecessary surveys and polls at the expense of Canadian taxpayers.

Recently, the government made a strong commitment to bring the free spending Liberal ways of the past to an end and ensure that public opinion research is used in an effective way.

Can the Parliamentary Secretary to the Minister of Public Works please update the House as to what progress has been made up to this date and what Canadians can expect moving forward?

[The Environment, April 7th, 2008]

Mr. Speaker, in the last year, our government has massively expanded the Nahanni National Park Reserve and moved to protect the east arm of the Great Slave Lake and the ramparts rivers and wetlands, lands that are almost twice the size of Nova Scotia.

Environmental protection is one our government's priorities in our northern agenda. Could the Minister of the Environment tell the House what action our government took today to further protect the Nahanni watershed areas in the Northwest Territories?

[Aboriginal Affairs, April 4th, 2008]

Mr. Speaker, the Conservative government continues to get things done, especially for Canada's aboriginal communities. Just recently we announced that we are moving forward on matrimonial real property rights to help protect families and vulnerable aboriginal women and children.

We are cleaning up the disastrous Liberal legacy of a shocking 193 high risk water systems and our northern strategy is receiving praise from northerners.

Could the Parliamentary Secretary to the Minister of Indian Affairs and Northern Development tell the House how we are living up to our commitment of delivering accountability to aboriginal peoples and Canadians?

[Foreign Affairs, March 13th, 2008]

Mr. Speaker, earlier this week we heard about hundreds of monks in Tibet who were staging peaceful protests demanding improved treatment and religious freedom. They are asking for human rights, yet we have heard that these protests have been met with force, monks have been detained, and monasteries have been surrounded by Chinese troops.

Canadians enjoy the right to demonstrate peacefully and to practise religion freely. Can the Minister of Foreign Affairs provide the House with the government's reaction to this news out of Tibet?

[Petitions, March 13th, 2008]

Mr. Speaker, I have the opportunity and privilege to present two petitions calling upon the government and the House of Commons to move swiftly to enact legislation or remove legislation that would require long guns to continue to be registered.

The petitioners call upon the government and the House of Commons to consider that the majority of crimes are not committed by long guns but rather by other types of guns that otherwise would be registered and really illegal firearms. They call upon us as members of Parliament to consider that the cost has not done anything to improve safety in Canada.

I have the privilege of presenting these thousands of names from constituents from the Peace River constituency.

[Financial Administration Act, March 10th, 2008]

moved that Bill S-201, An Act to amend the Financial Administration Act and the Bank of Canada Act (quarterly financial reports), be read the first time.

Mr. Speaker, I am pleased to sponsor Bill S-201, An Act to amend the Financial Administration Act and the Bank of Canada Act.

Bill S-201 would allow parliamentarians to track the nation's expenditures by introducing quarterly reports that would allow for more effective management and accountability.

(Motion agreed to and bill read the first time)