An Act to amend the Criminal Code (minimum penalties for offences involving firearms) and to make a consequential amendment to another Act

This bill is from the 39th Parliament, 1st session, which ended in October 2007.

Sponsor

Rob Nicholson  Conservative

Status

Second reading (Senate), as of June 14, 2007
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment amends the Criminal Code to provide for escalating minimum penalties according to the number, if any, of previous convictions for serious offences involving the use of a firearm if the firearm is either a restricted or prohibited firearm or if the offence was committed in connection with a criminal organization, to provide for escalating minimum penalties according to the number, if any, of previous convictions for other firearm-related offences and to create two new offences: breaking and entering to steal a firearm and robbery to steal a firearm.

Similar bills

C-2 (39th Parliament, 2nd session) Law Tackling Violent Crime Act

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-10s:

C-10 (2022) Law An Act respecting certain measures related to COVID-19
C-10 (2020) An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts
C-10 (2020) Law Appropriation Act No. 4, 2019-20
C-10 (2016) Law An Act to amend the Air Canada Public Participation Act and to provide for certain other measures
C-10 (2013) Law Tackling Contraband Tobacco Act
C-10 (2011) Law Safe Streets and Communities Act

Votes

May 29, 2007 Passed That the Bill be now read a third time and do pass.
May 7, 2007 Passed That Bill C-10, An Act to amend the Criminal Code (minimum penalties for offences involving firearms) and to make a consequential amendment to another Act, as amended, be concurred in at report stage with further amendments.
May 7, 2007 Passed That Bill C-10 be amended by restoring Clause 17 as follows: “17. Section 239 of the Act is replaced by the following: 239. (1) Every person who attempts by any means to commit murder is guilty of an indictable offence and liable (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of (i) in the case of a first offence, five years, (ii) in the case of a second offence, seven years, and (iii) in the case of a third or subsequent offence, ten years; (a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and (b) in any other case, to imprisonment for life. (2) In determining, for the purpose of paragraph (1)(a), whether a convicted person has committed a second, third or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence: (a) an offence under this section; (b) an offence under subsection 85(1) or (2) or section 244; or (c) an offence under section 220, 236, 272 or 273, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence. However, an earlier offence shall not be taken into account if ten years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody. (3) For the purposes of subsection (2), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.”
May 7, 2007 Passed That the Motion proposing to restore Clause 17 of Bill C-10 be amended: (a) by substituting the following for subparagraphs 239(1)(a)(ii) and (iii) contained in that Motion: “(ii) in the case of a second or subsequent offence, seven years;” (b) by substituting, in the English version, the following for the portion of subsection 239(2) before paragraph (a) contained in that Motion: “(2) In determining, for the purpose of paragraph (1)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:”.
May 7, 2007 Passed That Bill C-10 be amended by restoring Clause 2 as follows: “2. (1) Paragraph 85(1)(a) of the Act is replaced by the following: (a) while committing an indictable offence, other than an offence under section 220 (criminal negligence causing death), 236 (manslaughter), 239 (attempted murder), 244 (discharging firearm with intent), 272 (sexual assault with a weapon) or 273 (aggravated sexual assault), subsection 279(1) (kidnapping) or section 279.1 (hostage-taking), 344 (robbery) or 346 (extortion), (2) Paragraphs 85(3)(b) and (c) of the Act are replaced by the following: (b) in the case of a second offence, to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of three years; and (c) in the case of a third or subsequent offence, to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of five years.”
May 7, 2007 Passed That the Motion proposing to restore Clause 2 of Bill C-10 be amended by substituting the following for paragraphs 85(3)(b) and (c) contained in that Motion: “(b) in the case of a second or subsequent offence, to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of three years.”.
May 7, 2007 Passed That Bill C-10 be amended by restoring Clause 1 as follows: “1. Section 84 of the Criminal Code is amended by adding the following after subsection (4): (5) In determining, for the purposes of any of subsections 85(3), 95(2), 96(2) and 98(4), section 98.1 and subsections 99(2), 100(2), 102(2), 103(2) and 117.01(3), whether a convicted person has committed a second, third or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence: (a) an offence under section 85, 95, 96, 98, 98.1, 99, 100, 102 or 103 or subsection 117.01(1); (b) an offence under section 244; or (c) an offence under section 220, 236, 239, 272 or 273, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence. However, an earlier offence shall not be taken into account if ten years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody. (6) For the purposes of subsection (5), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.”
May 7, 2007 Passed That the Motion proposing to restore Clause 1 of Bill C-10 be amended by substituting the following for the portion of subsection 84(5) before paragraph (a) contained in that Motion: “(5) In determining, for the purposes of any of subsections 85(3), 95(2), 99(2), 100(2) and 103(2), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:”.
May 7, 2007 Passed That Bill C-10 be amended by restoring the long title as follows: “An Act to amend the Criminal Code (minimum penalties for offences involving firearms) and to make a consequential amendment to another Act”
June 13, 2006 Passed That the Bill be now read a second time and referred to the Standing Committee on Justice and Human Rights.

Criminal CodeGovernment Orders

May 17th, 2007 / 12:05 p.m.

Bloc

Christian Ouellet Bloc Brome—Missisquoi, QC

Mr. Speaker, at the time I thought the member for Abbotsford was speaking about prevention. I would like to point out to him that, just before, the Minister of Justice also spoke about prevention. He said that the Conservative government was very interested not only in being tough on crime, but also in establishing prevention programs.

When the minister said that, I wondered why current projects on the table and accepted by the provinces are subject to cuts when they get to the federal level? Cuts have been made to all prevention projects, even those that are inexpensive.

I believe that the member for Abbotsford provided the answer. He said that the government was providing $20 million for prevention. Imagine, $20 million in prevention for all of Canada. The Canada summer jobs program injected $95 million and now has been reduced to $85 million. It is a prevention program because it keeps young people busy, teaches them a trade, and gives them something to do.

The experts estimate that between $400 and $500 million are needed for a solid prevention program to be implemented in Canada. Yet, we are talking about only $20 million. What can we do with this amount? That is a pittance.

In view of their election promise—since that is what the Conservative Party always goes back to—I am asking the member for Abbotsford why he does not think he could support a bill that calls for prevention rather than repression.

Criminal CodeGovernment Orders

May 17th, 2007 / 12:10 p.m.

Conservative

Ed Fast Conservative Abbotsford, BC

Mr. Speaker, in fact, we do have a plan for prevention. I want to remind the hon. member that on January 23, 2006, Canadians elected a new Conservative government, certainly not a Bloc government and not a Liberal government. Why? One of the reasons was the Liberals were known to be soft on crime.

To specifically to address the member's question, I remind him, just from my own experience in British Columbia, that our Conservative government does take a balanced approach to the issue of crime in our country, ensuring that our youth are not enticed into a life of crime in the first place.

In fact, let me give him an example. We have taken action by giving almost $2 million to British Columbia's anti-gang initiative, which is called “Preventing Youth Gang Violence in British Columbia”. It is going to be implemented in Abbotsford, my hometown, as well as in Vancouver, Surrey, Richmond, Kamloops, and we hope to expand that in the future. It aims to reduce gang involvement through public forums that discuss issues that are relevant to the community, education and awareness campaigns, after school recreation programs, youth mentoring programs, intervention programs, parent education and youth outreach programs.

Do we have a balanced approach to this? Yes. It is not all about getting tough on crime. That is part of it as is Bill C-10. However, we are also addressing the underlying causes of crime.

Criminal CodeGovernment Orders

May 17th, 2007 / 12:10 p.m.

NDP

Penny Priddy NDP Surrey North, BC

Mr. Speaker, given that the purpose is over time to ensure that we have fewer people facing the criminal system and in the position of being incarcerated and given that we know what happens in the early years is the single biggest determinant about whether youth and then adults will be involved in crime, other than the $100 a month for families, could the member tell me why slashing child care programs and programs that support parents to do a good job at raising their children will be of assistance in this way?

Criminal CodeGovernment Orders

May 17th, 2007 / 12:10 p.m.

Conservative

Ed Fast Conservative Abbotsford, BC

Mr. Speaker, I have appreciated getting to know the member over this past year and a half, another colleague from British Columbia, although we sometimes share different perspectives.

I remind her that it is not only the universal child care benefit that our government has delivered. We have delivered many other family friendly initiatives such as the $500 sports tax credit for families. We have also delivered just recently the family tax credit, which provides an extra incentive for families to take the money and apply it to the children rather than paying it to the tax man.

I want to also mention that the focus of Bill C-10 is not just deterrence. In fact, in my mind deterrence is probably the least of it. For me, it is important that we get the violent offenders out of society so our police can focus in on some of the underlying petty crime that our youth tend to get into. By allowing them to focus their efforts on the criminals who perhaps are on the cusp of becoming lifetime criminals, we are going to do an excellent job of moving forward, ensuring that our youth are encouraged to be upright, responsible citizens.

Criminal CodeGovernment Orders

May 17th, 2007 / 12:10 p.m.

Liberal

Derek Lee Liberal Scarborough—Rouge River, ON

Mr. Speaker, as I begin my remarks I thought I should refer to the remarks made by the Minister of Justice who spoke earlier. He clearly was speaking in an effort to articulate good politics as opposed to good public policy. What the minister was articulating was in part lousy public policy but, from his point of view, good politics.

He said that the government wanted to send a message. I think he meant the government was trying to send a message to criminals on the assumption that we have in every case identified who those criminals are. He wants to send a message to criminals, but really what the Minister of Justice and the government are trying to do is send a political message to Canadians. It is political. It is not good public policy. The whole exercise smacks of politics and not public policy.

My colleague from Yukon mentioned a list of witnesses who appeared before the justice committee, the vast majority of whom had good public policy reasons not to agree with the mandatory minimum sentencing regime proposed in this bill.

One of the assumptions underlying mandatory or harsh sentencing is that it will deter. There is a sense that the higher the sentence, the higher the deterrence. There may be some logic in that, but statistics, sociologists and criminologists now consistently tell us that it is not the severity or length of the sentence which deters, it is the prospect of being caught that is the major component of deterrence in society.

Whether it is a potential life sentence or a two day sentence, the person who may or may not commit a premeditated crime is thinking more about the prospect of getting away with it as opposed to what sentence might be imposed later. It is false logic to presume that by increasing sentencing or imposing a mandatory minimum sentence there will be a direct linkage into the mind of a potential criminal.

By the same token, my party and I readily accept that there are envelopes within the Criminal Code, components of activity where society needs to denounce the criminal activity in a way that requires the use of a mandatory minimum.

I will point out for the sake of reference that the Criminal Code was amended relatively recently, just in the last three or four years, to impose one year mandatory minimums for firearm offences and a four year mandatory minimum sentence for a robbery with a firearm. I believe that is section 344. We also have mandatory minimums for drunk driving, particularly on a second offence. If someone reoffends, the offender will do time. Parliament, government and Canadians accept the existence of mandatory minimum penalties.

The false logic underlying this bill, however, is that by creating and delivering a whole raft of mandatory minimum penalties, it will cause a direct response and a reduction in crime. This is not the way it works. I do not think any credible witness at the committee that reviewed this bill was prepared to accept that if we bump all these sentences into mandatory minimums, the crime rate is going to drop. There might have been a feel good part in putting criminals away.

I will quote the Minister of Justice. I found it hard to believe, but the Minister of Justice said that the criminals will have time to think about it in jail. The question raised by the member from the Bloc Québécois was whether or not the potential offender might have thought about it before he or she committed the offence. The minister's logic was the person would have time to think about it afterward. That is like the horse going out the barn door; once the act is done, it is done. There is no deterrence there. I regretted that logic and I regretted the fact that the minister did not want to address the logic pattern that was introduced by the member from the Bloc.

The minister was also, in my view, trying to send a message and another example of that messaging is a quite inappropriate use of the term “house arrest”. House arrest actually has nothing to do with the bill that we are debating. Bill C-10 deals with mandatory minimum penalties. The minister was referring to Bill C-9, the bill dealing with conditional sentences. Purely for the sake of a twisted messaging, the Minister of Justice, the Attorney General of Canada, resorted to a street term that is not used in the Criminal Code and he referred to the concept of house arrest.

Most Canadians would ask what is house arrest, does it have something to do with bail or prison? Anyway, if the minister wants to use these silly street terms instead of the proper terms, that is his business. He also referred to “sending the offender to camp”. What nonsense. We are hearing this from the Minister of Justice. Surely he could use terms that are properly in use in the Criminal Code instead of using street terms to try to send some subliminal message to the public.

Anyway, I thought that his use of the terms “house arrest” and “sending people to camp” was really a disingenuous and dishonest attempt to deprecate our current corrections procedures. I personally do not like that coming from a government minister, but that is his business and if he were here now, we would probably have a little debate on it. Having had an opportunity to address the minister's remarks on this bill, I will now get to some of my own.

Criminal CodeGovernment Orders

May 17th, 2007 / 12:15 p.m.

An hon. member

Maybe you should.

Criminal CodeGovernment Orders

May 17th, 2007 / 12:15 p.m.

Liberal

Derek Lee Liberal Scarborough—Rouge River, ON

Well, maybe I won't. The member does not like my remarks about the minister but this is a public forum.

Criminal CodeGovernment Orders

May 17th, 2007 / 12:15 p.m.

Conservative

Ed Fast Conservative Abbotsford, BC

That is shameful.

Criminal CodeGovernment Orders

May 17th, 2007 / 12:15 p.m.

Liberal

Derek Lee Liberal Scarborough—Rouge River, ON

There is nothing shameful about this. This is a House of free speech.

In any event, I want to note that throughout the country there is a perception that there has been an increase in violent crime. In the statistical data if we look back into the 1960s and forward to the present, we can see an increase in crime. Many criminologists say it is actually an increase in reported crime. The criminal activity of the 1960s and early in the 1970s, was in fact arguably under reported so that our data was a little bit lower than it actually should have been. In any event, the trend line was there. We can see the material increase from the 1960s right up to 1992.

In 1992 things changed sociologically. I do not believe it was anything government did or did not do. We were in a bit of an economic recession at the time but we can see the trend line. After that point in time, all criminal activity starts to drop. I still accept that there is a perception in society, that people see a lot more crime. They are certainly getting a lot more media. We have more television, more newspapers and more Internet. If there is something happening out there in crime, people are going to hear about it and that may exacerbate the public policy problem.

I am not saying there is not any crime. There is a truckload of it and it is a social issue, but it is not increasing in the way that people are being led to believe that it is. In Toronto there was a sense that we had of a very serious firearm problem about two years ago. That was true. There was a clear spike and increase in the number of shootings and firearm incidents in Toronto. As I am going to point out a little later, that year 2005 turns out to be spike, a spike up and down. Things are actually quite different now.

However, in looking at crime statistics from across the country, I can see that not every city, not every urban area or every rural area is in the same position. There are cities in Canada that have crime rates almost double what they are in Toronto or Montreal. That may seem counterintuitive to many of us, but while big cities do have crime, small cities also have crime. In some cases the rates of crimes, not necessarily the raw incidents, are significantly higher than some of our other urban areas.

In these places across Canada, citizens definitely have an issue. I represent a Toronto area riding. It is impossible for me to speak about this issue without acknowledging that in various parts of the country, the north, the east, the west, the south, there are different takes, different perceptions of just how bad or how good or where the level of criminal activity is.

Before going on any further, on the sentencing that is currently in the Criminal Code, including the existing mandatory minimums that I mentioned earlier for firearms, my party in the last election campaign did undertake to increase the mandatory minimum penalties. The member opposite makes that point, but the increases that were proposed were an increase of the one year and four year penalties that were there.

What the government had proposed in Bill C-10 was a whole regime of increasing mandatory minimums, an escalating scheme of mandatory minimums that ran three, five, seven and up to 10 years. That is a much different kettle of fish than what the Liberal Party had proposed, of targeted, specific, reasonable mandatory minimum adjustments in the Criminal Code. Maybe we could put that debate to rest. Was it discussed in the election? It sure was, but I wanted to be clear about what my party had proposed.

We are not talking about creating a new offence. This bill does not create new offences. This bill does not create new sentences. All of that is already in the Criminal Code. What the bill does, and I could say only, is create a mandatory minimum sentence at the bottom end. Judges in this country are charged with sentencing and they can give the appropriate sentence and they do. Ninety-nine per cent of the time they give the right sentence. They can sentence to more than the mandatory minimum and sometimes they do, but it depends on a whole number of criteria set out in the Criminal Code. We legislated them here about 10 years ago.

In my view the criminal justice system from the point of view of the sentencing regime is working quite well. Once in a while there is an aberration. Once in a while there is a circumstance in a court and a judge and a set of facts that looks a little odd. A newspaper, a television station, a reporter will see it and think it looks strange, that a penalty looks a little stiff, or that a penalty looks a little light and it becomes a public issue, but those cases are far and few between. We just see a lot more of them now because we have a lot more media. If it is a story, it is a story.

In one of the comments on this bill earlier today there was a scenario that I found very compelling at the committee. It relates to sentencing in the rural areas, in the north, the west and the east of the country, but generally in the north. We have to remember that before someone is actually sentenced, there has to be an investigation, the person is charged, convicted in a trial and then is sentenced.

A witness at the committee made this point in a very compelling way. When there is a conviction in a northern community for an offence, even if a violent one, the only prospect for rehabilitation and reintegration of an offender from those northern communities is if he or she is able to be in that community.

It is just not possible to take offenders from a northern community, yank them out, send them to some place in the south and hope that they can rehabilitate or reintegrate. They are not from the south. They are citizens of our north.

Instituting a mandatory minimum regime of sentences over two years essentially ensures a federal sentence. All sentences over two years are served in federal penitentiaries. Sentences under two years are served in provincial penitentiaries. By imposing mandatory minimums way beyond the two years, this type of sentencing would remove individuals from their northern communities and place them in a federal penitentiary, which could be a thousand miles away or two thousand miles away, but not even close to their communities.

It is generally accepted that prisons are simply warehouses for offenders, where young people actually learn better how to become criminals. Prisons are not the best location. I accept that we need them to protect society, at least as a clearing house, but the witness from the north said that the existence of these new sentencing regimes with mandatory minimums greater than two years would make it virtually impossible to rehabilitate and reintegrate offenders from those northern communities. In other words, we are creating lost causes before we even begin.

Members may ask me what I would propose for someone who has committed a serious crime and needs to do serious time. The criminal justice system has already provided for that with a regime of sentencing options and a skilled judge who will make the decision on what an appropriate sentence for that convicted offender will be, taking into consideration all aspects of the case, including the circumstances of the victim, previous criminal record, propensity to reoffend and prospects for rehabilitation. That is what we ask our judges to do. The escalating sentencing regime contained in this bill would, practically speaking, remove all of those options from a sentencing judge. If the bill passes, that will be the case. I regret that but that is the way it is.

In the remarks of my friend opposite, he referred to the spike this year in Toronto of gun crimes. I am pleased to report that while in 2005-06 the incidents of shootings were at about 87 and 81, this year the number of shootings to date is at 60, which is a drop of over 25%. The reason for that is good policing. However, I do not have time to go into the details. One shooting is too many but if we have a huge city with a few million people, we will have incidents, and I am saying that there has been a 25% drop. The perceived increase in these firearm incidents is not there, and these decreases have occurred under current laws. I just wanted to get that on the record. I give a lot of credit to the Toronto police and their new policing methods.

Criminal CodeGovernment Orders

May 17th, 2007 / 12:30 p.m.

Conservative

Daniel Petit Conservative Charlesbourg—Haute-Saint-Charles, QC

Mr. Speaker, I am pleased to speak today on Bill C-10.

I will point out to my colleague that in the province of Quebec—my province—there is a body, namely the Société de l'assurance automobile du Québec, which has an obligation to protect citizens and in particular to make recommendations to the federal government, since we are responsible for the Criminal Code, on harsher sentences for alcohol-related offences.

My response to my colleague's theory is as follows. When I started practising law, the fine for someone who had consumed alcohol was only $300. We subsequently created three different levels with different penalties for each of the first three offences. This is called the progressive system. If we had heeded my colleague at that time, today there would be but a single $300 offence, and everybody would be fine with that. The criminals would be protected but the victims left out.

I would like to ask a question of my colleague, my fellow committee member, whom I appreciate for his good advice on procedural matters. Even if his party is opposed to the bill, I know very well that his fellow citizens will agree with us, because the people of Canada do want to see victims protected before criminals.

Why does my colleague not agree with imposing progressive penalties for criminal acts, particularly in these specific cases where extremely serious offences are involved? We are not talking about minor situations, but extremely serious ones. We have been doing that same thing for over 20 years, and the most clear example of this is section 259 of the Criminal Code which, as my colleague is well aware, sets progressive sanctions for criminal acts.

Criminal CodeGovernment Orders

May 17th, 2007 / 12:35 p.m.

Liberal

Derek Lee Liberal Scarborough—Rouge River, ON

Mr. Speaker, I did say in my remarks that I support, as does my party, the existence of mandatory minimum penalties for drunk driving offences. Those penalties, of course, start off with a mandatory fine and then the offender will do time after a second offence. The person will not do seven years, but the person will do a few weeks, although I do not recall exactly how many weeks. The point is that with the mandatory minimum the offender will do time. There is an escalator for a third offence and the offender will do more time. However, we are talking about doing time as opposed to doing years and years of time.

The reason I would object to the escalating three, five, seven and ten-year type escalation is that the three, five, seven and ten years have never been shown to provide any more public safety. If it is necessary to keep the individual in jail because the person is a very violent offender, then the judge should impose a lengthy sentence of that nature.

However, I object to the automatic, structured, built-in, no exception mandatory minimum in the bill running up to seven years.

Criminal CodeGovernment Orders

May 17th, 2007 / 12:35 p.m.

Conservative

Ed Fast Conservative Abbotsford, BC

Mr. Speaker, I appreciate my colleague's comments but I was somewhat disturbed with his approach to Bill C-10. He has acknowledged that the perception among Canadians is that we have a crime problem and, quite frankly, I concur with that perception. I believe there is statistical evidence to support that.

What really jumped out at me was his statement that “the sentencing regime is working quite well”. In other words, business as usual, no change is required and even though Canadians misunderstand, everything is okay.

I do not know whether he has spoken to victims. He may have but I would be surprised if he had. I have. Has he spoken to police officers? I have spoken to police officers in Abbotsford and they do not concur with the assessment that the system is fine and working well. It is a revolving door justice system right now and rank and file police officers will tell him that.

The member then accused the minister of having twisted messaging, subliminal messaging and of twisting the facts. That is disrespectful language toward a member of this House of Commons who has been a lawyer for many years, has served as crown counsel, as attorney general in Manitoba and is now serving as justice minister here. He should not make such demeaning references to what is an attempt to protect Canadians.

If Canadians have the perception that our justice system is not serving their needs for safety and security, how is it that the member can justify taking the approach that everything is okay and that the current sentencing scheme is actually acceptable?

Criminal CodeGovernment Orders

May 17th, 2007 / 12:40 p.m.

Liberal

Derek Lee Liberal Scarborough—Rouge River, ON

Mr. Speaker, I did not say that everything was A-okay. I said that the current sentencing regime in the Criminal Code was generally working all right. However, there has never been a time in the history of the human race when there has not been a problem with crime, let us say, ever since Cain killed Abel. There also has never been a time when we have not found the need to alter the Criminal Code. We are always adjusting. I have been here for 19 years and I can hardly recall a year when there was not a Criminal Code amendment on the order paper somewhere. There are 15 of them now.

The point is that it is one thing to respond to public perception that there is a problem but it is another thing to analyze it from a public policy point of view to see exactly what the problem is and what the best response is. A whole bunch of knee-jerking, increase the sentencing and get tough on crime things, without dealing with the public policy issue in detail and with precision is not my way of doing things.

If a problem is seen, I really do want to address it. If a weak sentence in a particular case or systemically is a problem for society, if we saw one place where we, as a society, had to really firm up, like we did with drunk driving and with firearm offences three years ago, and as we might need to do in other things in society, I am prepared to do that.

What I do not support is the approach in the current bill that simply lists about 20 different things and says that we will now impose an escalating three, five, seven, ten-year thing where we know statistically, based on corrections' social science, there is no payback unless we need to keep an offender in because he or she is a danger.

Criminal CodeGovernment Orders

May 17th, 2007 / 12:40 p.m.

NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, although I did not hear the full debate and just caught the last comments of the member, I share a number of his concerns about an over-reliance on the Criminal Code to fix problems around crime instead of having a balanced approach around crime prevention and building healthy communities.

From the point of view of minimum mandatory sentences, I would remind the member that it was the former Liberal government that, I believe, had brought in about 60 such new offences in terms of minimum mandatories.

Our justice critic has made it very clear that where we can use it in a very specific way, and the issue of drunk driving would be one of those instances, it can be very effective. However, in actual fact we already have a history, as a result of the previous government, of using minimum mandatory sentences.

I believe that in the last election the then Liberal leader made a commitment that he would double the minimum mandatory sentences for this particular offence that would go actually beyond where the current bill is. It would have been a doubling of the sentence and would have taken us beyond where we are now. I just wanted to remind the member of that in terms of the history.

Criminal CodeGovernment Orders

May 17th, 2007 / 12:40 p.m.

Liberal

Derek Lee Liberal Scarborough—Rouge River, ON

Mr. Speaker, the reference to doubling the mandatory minimums was with respect to the now existing one year mandatory minimums, which were applied to quite a broad spectrum of firearm offences and which exist in the code now.

It is one thing to double one year to two years or two years less a day. There is one offence--