An Act to amend the Criminal Code (street racing) and to make a consequential amendment to the Corrections and Conditional Release Act

This bill was last introduced in the 39th Parliament, 1st Session, which ended in October 2007.

Sponsor

Vic Toews  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Criminal Code to create an offence of street racing based on dangerous driving and criminal negligence offences.
This enactment increases, in street racing situations, the maximum punishments for some offences and also provides for minimum prohibitions on driving that increase on a second and subsequent offence.
This enactment also makes a consequential amendment to the Corrections and Conditional Release 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.

Criminal CodeGovernment Orders

October 3rd, 2006 / 12:15 p.m.
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Conservative

Vic Toews Conservative Provencher, MB

What are you talking about? This is Bill C-19.

The House resumed from October 2 consideration of the motion that Bill C-19, An Act to amend the Criminal Code (street racing) and to make a consequential amendment to the Corrections and Conditional Release Act, be read the second time and referred to a committee.

Criminal CodeGovernment Orders

October 2nd, 2006 / 6 p.m.
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NDP

Penny Priddy NDP Surrey North, BC

Mr. Speaker, street racing is an issue in my community of Surrey North and in hundreds of other communities across the country. It is a concern everywhere. It is of particular concern in those communities that have seen a number of deaths as a result of street racing in the last two or three years. Certainly it is a concern in the lower mainland of British Columbia. It is important that we are having this debate today, to raise questions about what is appropriate and how we can end the pain and suffering that we see throughout the country.

In the lower mainland, there are two families that I know well who have family members who have died because of street racing. The family member was not behind the wheel of a car that was street racing, but was killed while crossing the road on foot or was in another car which was hit by another car that was street racing.

It is interesting that I have heard people say about street racing, “Well, there are a lot of hormones in young men and young women and everybody likes speed and the impulse takes over”. If they were speeding maybe, but street racing is planned. In most of the situations in the lower mainland people had actually planned the street race. They called each other and set up a time and a place. It is not simply happenstance. I do worry about it.

I worry also about this as an individual bill. Many people have been saying for quite some time that the Criminal Code in general needs an overhaul. This one aspect on street racing has been singled out and put in a bill. I would suggest that probably many more people are killed as a result of dangerous driving, by one car speeding, not racing, but we have not lifted that item out and said that we would deal with it differently. I would feel more comfortable if this were coming forward in a different context, in a more omnibus approach to changing the Criminal Code and updating a number of aspects that need to be addressed.

I thought about the purpose. I understand the purpose as the bill is written. Some people would suggest it is a deterrent, maybe an educational one. Or is it a singular response to one issue that would be better dealt with in a larger way, say with all actions that have to do with the dangerous operation of a car? Street racing is only one of many.

This piece of legislation reminds me of when a particular province passed a piece of legislation on stalking either women or men; there were more women being stalked at that time, but it had to do with stalking, period. Stalking could have been dealt with legislation that was already in existence, but because the issue of stalking was very much on people's minds, it was dealt with as a single piece of legislation, knowing there was already in legislation ways to deal with that kind of a crime.

One of my colleagues asked the question, and it is one which I am asking myself, if there is already legislation in place, why are judges not using it? We asked that about stalking as well. I truly do not understand. Judges have a fairly wide range of choices when someone charged with street racing comes before them. Many of the choices can be very restrictive. If that is the case, then why are we hearing so much about street racers receiving ankle bracelets and house arrest? We hear that they can leave to go to school and then return home, et cetera. I am very puzzled as to why that legislation is not being used.

There are some things we need to consider in the debate around this legislation. One of them certainly is the issue of resources. In Richmond, B.C. there are tracts of highway, at least in the Lower Mainland, that are more likely to be used for street racing than others. In Richmond there is a very long straight stretch of highway. We have had a number of street racing tragedies in Richmond.

I have also heard the Richmond, B.C. chief of police say that he thinks they are getting at that, but while they are addressing that problem, the police are not answering other calls. They do not have enough resources to place officers along that stretch of road where street racing occurs and to answer the other calls that come in from people who need police attention. The issue of resources is a very critical one.

In my community of Surrey the police are already stretched beyond what they are able to do. It always becomes a choice of which crime is more important, which call is the more important one. I would not want to be the person who has to make that decision. I may make the wrong decision and someone's life may be lost. The resource issue is a very important one.

In some ways Bill C-19 is limited in terms of what it addresses. I am not arguing that street racing is not a very serious crime and has not been treated as a very serious crime. Absolutely, but I would refer to some of the things that people raised earlier. It is important for me to acknowledge that drinking and driving still happens. It happens less, but it still happens.

Mothers Against Drunk Driving, except it is mothers, fathers and all kinds of people, but MADD has had an extremely successful impact in its approach to reduce drunk driving and make sure that people are dealt with differently and are more aware of what could happen.

Around the issue of driving too quickly and drunk driving, there is a hospital in Cranbrook where high school students visit the hospital morgue. It is scary, but the students are not necessarily there when something is going on. The students are not there to see an autopsy. They are fairly young high school students. Simply being in a morgue after what is seen on television is a pretty scary experience.

I do not know how many people have ever been to a morgue but, as someone who comes from a nursing background, just being in an empty morgue is pretty chilling. Because of this program in Cranbrook, the community has seen a decrease in the number of teenagers who are drinking and driving, as well as speeding they think. It is not the same as street racing, but it does talk about the importance of the educative factor with young teens.

The health community and the education community are working together to solve a problem that is killing or maiming the future of our communities. They did not wait for the police or someone else to solve the problem. They looked for partners and actually found corporate partners to provide written materials and other materials around this to start educating teenagers in the same way we have tried to do around smoking and other things that are negatively affecting young people.

Education, obviously, needs to include the police force. I think teenagers, in particular, hear things differently from the police than from a doctor or nurse or someone in the school system. By putting those partners together who are willing to do this education means we can pick the right people for the right audience.

I guess there is the strategy to having young women or young men who have been caught street racing going into high schools and talking to students. I do not know a lot of street racers. I have only met the ones involved in programs. However, the ones whose friends were killed while they were street racing had a very important message and they were sincere in their message. They were not doing it as part of community hours or whatever. They were doing it because they wanted the 13 to 17 year olds to personally know the effect this has had, not just on them but on their friend's mom, dad, aunt, uncle, nana, grandad and a circle of friends. When one person dies in this kind of incident sometimes 20, 30 or 40 people are pretty directly impacted by it.

I would like to see the time where we do not have to debate a bill like this and I think that will happen with the kind of education that happens in communities. I do not mean that we should not be debating it today but I would like to look at the root cause, not just the crime, so we can reduce and, hopefully, eliminate street racing. I do not want us to be dealing with this again in five years time because we were not able to reach our younger people and stop them from getting into this position in the first place.

I want to mention my grandson who I usually manage to mention in some speech. He is 11 years old now. Every time he came to stay with me when he was younger, his mom would send along a long list of things he could not watch. She listed 10, 20, whatever it was, things. I understand the effect television, movies and video games have on young people. They see car races as fun. Some video games have car races where the kids get 20 points if they knock the other car into the ditch because they went faster or they were able to cut them off. I cannot believe that does not have an impact on the actions of a six or seven year old when they are older.

I heard others ask about car manufacturers and advertising. If we look at car advertising, it says that if we buy this car it will go from 0 to 60 in 10 seconds or whatever and that is really cool. It is always a nice silver, sporty looking car and it is played as a positive to get there that quickly. If that is what we continue to see then we need to have an affect on advertisers as well because that is what our children see. Even if they are watching a perfectly acceptable television program, not everybody mutes the advertising or puts their hands over the eyes of their young children while the car manufacturers brag about how fast their cars go.

The other important question was whether we need cars to go that fast. Police cars, yes, but does every car we buy need to go 200 kilometres an hour? Given that the speed range in our province is 100 kilometres an hour, and it varies from province to province, I do not know if I need to buy a car that goes 200 kilometres an hour.

This is an important bill to be debating and it is an important time to be doing it. Many people who have had sons or daughters die, either as passengers in the car, as drivers or as someone who has been hit by a car, are watching very carefully. They are suffering pain and they have made their voices heard. If they had not been heard, we would not be here debating it.

What is the best solution? I am sure the solution is multiple but we need to know what the best actions are to take.

I am interested in the debate that is going on currently and will continue to go on. I am glad that my son could only afford a car that was 15 years old and did not go very fast. He did not get the graduation present that others did. A lot of young people who graduate receive fancy new cars that look like they were made to be driven quickly. Maybe parents need to think a little bit when they buy these types of cars.

This is a real issue in the Lower Mainland in British Columbia. Many people know someone who has been involved in just such an event.

I would encourage us to think about whether there are other bills that we should also be looking at to make a more omnibus change to the Criminal Code, which people have been calling for, and to think about the community partners that must be involved in supporting this in order to have a reduction in the community, not only to have legislation but to encourage our community partners to come forward, the health system, the education system, the police system, and work with us as a group, not on individual initiatives, although those are fine too, but in a group to see what we can do so that we are not standing here debating exactly this bill in five years' time, that we will have reached those young people, as we have with alcohol and smoking, and be able to reduce that.

Criminal CodeGovernment Orders

October 2nd, 2006 / 5:55 p.m.
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Conservative

Rahim Jaffer Conservative Edmonton Strathcona, AB

Mr. Speaker, I know that my hon. colleague from Burnaby—Douglas has taken a keen interest in the debate today and has been very active.

I will address his first comment relating to charges and why in fact this needs to be changed; if already the provisions exist within the Criminal Code, why would we have to strengthen them? As I mentioned, with regard to the judgments that have been read, it is not just the current government that is calling for the changes, law enforcement officers across the country have said that there seems to be a problem with the actual judgments being handed down for those who are engaging in the activity of street racing. What can we do in essence to respond to that, to make it tougher, to give more teeth within the law to send the message?

Making this change sends a clear message, especially in the cases where people are charged with this particular behaviour, that the judgments need to be severe, that they need to be bumped up and that they need to have a mandatory minimum. That is exactly what we are trying to do by introducing Bill C-19, to strengthen those particular aspects of the mandatory minimums and to have, hopefully, judges enforce them once the change is made.

This is where the law enforcement community especially feels let down. While they go through the trouble of apprehending these offenders, the actual judgments do not reflect the type of penalties that are required in order to deter this sort of behaviour. It is not just us calling for this; it is law enforcement officers, those who are working, Constable Wynnyk, for example. We need to give them the support in the judgments after people are charged with these type of offences. This is why we have recommended that this particular provision be strengthened.

My hon. colleague raised the issue of vehicles and speed. I am not an engineer by any stretch of the imagination so I cannot get into some of the arguments of why cars are built with certain speed limits and some are not and why that sort of speed is needed. Obviously there is a significant part of the industry that is related to legal street racing and cars that legally race and train. Clearly there is a need for cars to be built with engines that can exceed certain speeds.

If the hon. member has issue with the current speed limits on current vehicles on the roads, maybe he would like to make some proposals as to what we could do to address that or perhaps he could take it up with the vehicle manufacturers directly. It might be a particular issue with which he would want to deal.

Criminal CodeGovernment Orders

October 2nd, 2006 / 5:40 p.m.
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Conservative

Rahim Jaffer Conservative Edmonton Strathcona, AB

Mr. Speaker, it gives me great pleasure to rise today to speak to Bill C-19 on street racing.

Bill C-19, in its current form, had a very strong supporter in one of our colleagues, Chuck Cadman, who unfortunately passed away. He sat in our caucus when I first came here. He was quite a bolster for issues concerning youth justice and was very passionate about many of those issues. I know he had tried on previous occasions to bring forward bills regarding street racing, but due to concerns of the previous government with some provisions in the bill, it never came to pass in the form of a private member's bill.

However, it is a great to see the issue of street racing finally being addressed by an amendment to the Criminal Code. It deserves significant attention. Finally, we have the chance for some serious debate. Hopefully, it will receive a speedy passage, especially in the memory of Mr. Cadman as well as us doing something in this place to protect our youth and deter this kind of activity as well.

We have heard some different questions. A Liberal member asked about community initiatives and what our government was doing to support these initiatives. I will share an example of an initiative in Edmonton. It has been an incredibly successful program. However, first I will give an overview, as many of my colleagues have done, of the bill.

Bill C-19 would amend the Criminal Code to create a new offence of street racing, which would be defined to mean “operating a motor vehicle in a race with at least one other motor vehicle on a street, road, highway or other public place”.

The proposed offence of street racing would reference the existing offences of dangerous driving and criminal negligence, including cases of dangerous driving and criminal negligence causing bodily harm or death. In practical terms, this means that there will be unique penalties for those convicted of dangerous driving or criminal negligence offences in street racing situations.

I believe the creation of a specific street racing offence in this manner is a balanced and measured response, which will serve as a strong deterrent to a senseless and disturbing crime. One of the key things we have to remember, in creating this change to the Criminal Code, is that it sends a clear message, something that has been missing in the Criminal Code with regard to this problem, to street racers that this is not a glamorous game, but a serious crime with serious consequences.

Bill C-19 would amend the Criminal Code to include tougher penalties for those convicted of street racing crimes. Currently those convicted of dangerous driving causing bodily harm are subject to a maximum penalty of 10 years imprisonment. Those convicted of dangerous driving causing death face a maximum of 14 years in prison. Bill C-19 proposes key reforms in this area by increasing the penalties available for these offences in street racing situations to 14 years and life imprisonment respectively.

Bill C-19 also proposes important reforms to ensure that those who would abuse the privilege of operating a motor vehicle are prohibited from getting back behind the wheel for a longer period of time. Canadians do not want those convicted of street racing crimes to be able to simply get back behind the wheel and thereby place more innocent people at risk.

Mandatory driving prohibitions are an appropriate deterrent to this type of crime. A mandatory minimum driving prohibition of one year would exist for those convicted of a street racing crime and in instances where the person has been previously convicted of a street racing offence, the mandatory minimums would go up.

Those are some of the key reforms and the thrust of the changes to the Criminal Code. I have had nothing but positive correspondence on the change to the Criminal Code from groups across the country that are working with youth and law enforcement officials. Many people have said this is long overdue.

I will share, in particular, a program that is in place in Edmonton. The constable who is in charge of the program has shared his thoughts and has said that we are basically on the right track in finally dealing with this problem.

Like many communities across Canada, Edmonton has also been affected by this trend. One of the central challenges with this problem is that kids think racing is cool. Who can blame them? It involves fast cars and an interesting lifestyle. They watch races on TV often as a sport. It is an attractive thing to many. The difference is that drag racers also know that racing on the streets is not only illegal, it is dangerous.

So the challenge becomes getting young people to listen. How do we get them to change their minds on this? Edmonton has demonstrated impressive leadership in responding to the problem.

I would like to reference Constable Mike Wynnyk and his team of other police officers in Edmonton who recognized the danger of this particular problem and started doing something about it almost 10 years ago. They developed an impressive local program through the Edmonton police service to reach out to youth not only to educate and inform them about the dangers of illegal street racing but also to provide them with legal alternatives.

Harnessing his love of racing and his own experience of totalling cars unfortunately in dangerous accidents before joining the police force, Constable Wynnyk assembled Edmonton's street legal project to build and tour police race cars to local schools, trade shows, conventions, shopping malls, community events, and motor sport events to show kids that a love of racing should not mean street racing.

With the generous support of industry partners who donated parts and vehicles, Constable Wynnyk and the Edmonton street legal team have assembled an impressive police racer that they use for demonstrations across the city. The vehicles and Wynnyk's own passion for racing immediately capture the attention of youth at risk of participating in illegal street racing.

By building a credible relationship with young people, he and the rest of the street legal team enhance traffic safety by encouraging responsible motoring among young drivers, which is something crucial in trying to prevent this problem. They motivate youth to stay in school by providing a practical application for math and science education through legal drag racing. He said it was very exciting to watch the students get excited about practical math problems in calculating certain speeds for racing. It has a positive effect on their education.

In their program, they encourage self-respect and leadership among youth through team work and a positive relationship with police officers. That is something that should be commended. Those type of officers not only do law enforcement as their job but they are getting out in the community and building trust with our youth who often are a little skeptical of law enforcement.

By encouraging youth to learn about the dangers of illegal street racing and holding illegal demonstrations at local racetracks, the Edmonton police force has built a credible working relationship with young people interested in racing.

The result has been a resounding success. Constable Wynnyk and the Edmonton street legal team have a positive relationship with local racing groups like Edmonton's 780 Tuners who openly denounce street racing and encourage their members to work with local police to ensure safe racing at the tracks.

One of the members asked what sort of support the government has received for these sort of programs, or what sort of initiatives exist. Our government has committed $20 million to crime prevention initiatives, so that the causes of crime are addressed, particularly among our youth. Obviously, we need to support initiatives by Constable Wynnyk and his team in Edmonton who have had a profound effect on youth in deterring this sort of activity.

Interestingly enough, when talking with Constable Wynnyk, he expressed how ecstatic he was that the government was finally doing something to beef up the problem that existed in the Criminal Code and that the government was supporting the work that he and his team are doing on the ground. It is a great relief to him and others who have been working so hard that the government has recognized the need to beef up the Criminal Code to more than dangerous driving that currently exists in the Criminal Code.

This is what we have done in Bill C-19 with the changes that we have proposed. This bill would beef up those types of provisions in the Criminal Code to deter this sort of activity.

That way we can support the efforts of our law enforcement personnel, those who sacrifice on a daily basis their time, their energy, and their effort not only to enforce the law but to work with those groups who are often unfortunately attracted to this type of behaviour and unfortunately this sort of conduct of street racing.

It is abundantly clear to those who have been working on these particular issues, and I know many of our colleagues in the House have been working on issues of improving current criminal justice provisions and helping those to do their job on the streets, that this is long overdue. It needs to have speedy passage through the House, so that we all can finally support the work of those in the communities and to put serious teeth, as Constable Wynnyk mentioned, by beefing up the Criminal Code.

In this manner we can in fact deter the activity of youth who are attracted to this and obviously encourage them to look at the legal means to get involved with racing which would be on tracks rather than on our streets where they pose a threat not only to themselves but to innocent Canadians and many others who unfortunately can get affected by dangerous and reckless driving.

I encourage all members to think about this very seriously, to do the right thing, and support the changes that we are proposing in Bill C-19. As I mentioned, hopefully we can give the support to those like Constable Wynnyk who are doing such a tremendous job on behalf of Canadians and law enforcement to work with youth to deter them from that sort of behaviour.

Criminal CodeGovernment Orders

October 2nd, 2006 / 5:15 p.m.
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Conservative

Pierre Lemieux Conservative Glengarry—Prescott—Russell, ON

Mr. Speaker, Bill C-19 in no way precludes the positive steps of education and advertising. In fact, they are key supplements to what we are trying to accomplish here in the House. We are trying to put in place a law that will make street racing illegal and that will carry fairly serious penalties for those who engage in it, not just once but several times, because if they are repeat offenders then there is definitely a problem.

In my mind, there is no sense having the law if we are not going to allow Canadians to know there is such a law. That ties into advertising, into messaging and into communicating with the Canadian public, especially with our youth, about what it is we are trying to accomplish and why we are trying to accomplish it.

This is a legal type of approach but it is not the only approach and I do not think we have ever said that it is. We want to tie it in to what the hon. member is suggesting. We want to tie it into a communications strategy. We want to explain the bill, explain why we have the bill in place, explain the consequences for street racing, not just legally but to the individual should he or she happen to seriously injure or kill someone, and explain the impact on the victims.

The House resumed consideration of the motion that Bill C-19, An Act to amend the Criminal Code (street racing) and to make a consequential amendment to the Corrections and Conditional Release Act, be read the second time and referred to a committee.

Criminal CodeGovernment Orders

October 2nd, 2006 / 4:55 p.m.
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Conservative

Pierre Lemieux Conservative Glengarry—Prescott—Russell, ON

Mr. Speaker, I am pleased to take this opportunity to speak to C-19, An Act to amend the Criminal Code (street racing) and to make a consequential amendment to the Corrections and Conditional Release Act.

Criminalizing street racing is an obvious and appropriate complement to the current provisions of the Criminal Code governing dangerous driving, as well as to the legislative efforts of certain provinces to strengthen their traffic laws. The proposed changes target serious criminal behaviour.

The Government of Canada made a clear commitment to Canadians that it would tackle this crime, as indicated in recent months by many announcements regarding the financing of municipal and provincial programs. These crime prevention programs target youth at risk with the assistance of the National Crime Prevention Centre. These local prevention programs complement our financial commitment to help assist the Royal Canadian Mounted Police in their training and recruitment efforts.

In addition to this important and tangible crime prevention effort at the local level, we should note this government's commitment to giving more bite to our criminal laws. This government has promised to get tough on crime and that is exactly what it is doing.

We proposed reforms in several areas: strengthening the laws dealing with the national DNA data bank; making it harder to be granted bail in the case of crimes involving a firearm; increased minimum sentences for this type of crime; and limited recourse to conditional sentences for serious and violent offences.

This holistic approach has been in response to renewed calls for all levels of government to reassess existing practices and responses in fighting crime. The government's response clearly reflects our understanding of the importance of keeping our streets and communities safe for all Canadians.

Bill C-19 is part of this government's overall program to tackle crime. It is in my opinion a welcome and important piece of legislation which will contribute to raising the safety and quality of life for our citizens to a level that they deserve and rightfully expect from their government.

Those who exploit and abuse their privilege to drive a motor vehicle by engaging in street racing demonstrate contempt for our laws, and more significantly, contempt for their fellow citizens. Cars can be dangerous at the best of times. When operating with such wanton recklessness and disregard for the safety of others, they too can be come lethal.

A driver's licence carries with it great responsibility. I strongly feel that drivers must be held accountable for their actions behind the wheel when, for a cheap thrill, they show no regard for that responsibility.

The streets and roads in our cities and provinces are a shared public resource, to be used and enjoyed by all of our citizens. The increasing incidence of street racing is turning the pavement into race tracks, but without all of the necessary elements that are found at all legal racing facilities. As a result, too many innocent bystanders are dying or being seriously injured.

Although we do not yet have any comprehensive statistics on the prevalence of street racing in Canada, or on the exact number of related deaths or injuries, there is sufficient evidence to confirm the seriousness of the situation. Such incidents causing death or serious injury are happening across the country. Just in the past three months, for example, we have read:

In June near Campbell River, British Columbia, two 18-year-old girls were allegedly involved in a street race which ended in the death of one of the drivers and serious injuries to two of her passengers.

Also in June in Merritt, British Columbia, two 24-year-old men died and two innocent motorists were seriously injured in what is a suspected case of street racing.

In July in Winnipeg, Manitoba, two drivers were charged with street racing and had their vehicles impounded when they were caught racing at speeds of more than 165 kilometres per hour.

Just a few weeks ago in Mississauga, Ontario, a foreign exchange student was killed when the vehicle he was driving careened into a hydro pole after it was hit from behind, allegedly as a direct result of street racing.

Those are only some of the most recent examples. Innocent victims who have died as a result of street racing in the past several years include a couple strolling on the sidewalk after celebrating their wedding anniversary, an RCMP constable on patrol, a 29-year-old mother out driving, and an immigrant taxi driver just days away from his citizenship ceremony.

I for one am saddened and outraged by these incidents, the reckless trend that is behind them and the frightening prospect of more to come. These senseless tragic deaths and serious injuries were all preventable and together make clear the call for a tough response. We simply cannot allow such carnage to continue.

These crimes continue to occur and the current government is determined to give more leverage to those responsible for law enforcement in order that they may respond to this crime effectively. The provinces have sentences in their jurisdictions, including fines, licence suspensions and impounding vehicles, which hit the wallets of the offenders. Nonetheless, when money is not a driving force, such measures do little to deter street racers from adopting this irresponsible and often deadly behaviour.

I think it is important to send a strong message about the seriousness of this offence, by criminalizing such behaviour and creating serious consequences for the crime. The consequences in this bill establish a system for determining a fair and appropriate sentence based on the seriousness of these crimes, namely a maximum sentence of 14 years in prison for bodily harm and a maximum of life in prison for causing death.

This sentencing system is enhanced in an appropriate manner by gradually increased mandatory driving suspensions, starting with a minimum suspension of one year for a first offence up to a life suspension for three convictions for street racing not resulting in death or bodily harm.

I believe that these measures are necessary given the frequency and serious outcome of tragic accidents that could be avoided and too often are the result of street racing. Enhancing and protecting public safety are among the most important responsibilities of government. Bill C-19 is about enhancing public safety. It sends a clear and strong message to those who wish to engage in street racing by establishing appropriate and proportional sentences for individuals who use our streets as their personal race courses, without any regard for their own safety or that of others.

The proposed amendments to the Criminal Code, as well as other government initiatives to tackle crime, will improve the safety of our streets by putting citizens more at ease when exercising their right to use our public spaces without fear of bodily harm or death caused by behaviour completely lacking in common sense.

In closing, street racing kills. Bill C-19 is important and will make our streets safer. I urge the honourable members to join me in supporting Bill C-19 and ensuring that it is passed quickly.

Criminal CodeGovernment Orders

October 2nd, 2006 / 4:50 p.m.
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Bloc

Robert Carrier Bloc Alfred-Pellan, QC

Mr. Speaker, I want to commend my colleague from Bas-Richelieu—Nicolet—Bécancour for his academic presentation on Bill C-19.

Although we are in favour of the bill and most of the parliamentarians will discuss it, the effectiveness of such legislation is uncertain since it applies to young people. Young people are not aware of the changes made to laws or are not even aware of the laws.

Could we improve the effectiveness of the bill by providing more information to young people? I would like to know what my colleague thinks about that or whether he has recommendations for publicizing this legislation in order to make it work.

Criminal CodeGovernment Orders

October 2nd, 2006 / 4:45 p.m.
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NDP

Wayne Marston NDP Hamilton East—Stoney Creek, ON

Mr. Speaker, I listened intently to the comments of the member of the Bloc on Bill C-19.

In my hometown of Hamilton, particularly in the Hamilton East—Stoney Creek area, this bill has raised some concerns and questions. In the local Tim Hortons while sitting down with some friends I was asked if street racing meant operating a motor vehicle in a race with at least one other motor vehicle on a road, street, highway or other public place. That was quite straightforward, but they got a little concerned when I went on to explain that anyone who by criminal negligence caused death to another person while street racing would be guilty of an indictable offence and liable to imprisonment for life. The response came back, “Is criminal negligence causing death not already in our Criminal Code?” They also asked why would the government want to do this?

One of the persons I was sitting with had a life experience that troubled me greatly when he related it to me. As a young man of 19 years of age in the province of Nova Scotia he was riding in a car one night with some friends. He did not know the driver well. He was offered the opportunity to drive the car, which he did. He ultimately wound up being pulled over by the police. He was the only one who was caught in a stolen vehicle. Part of the common code was that one does not rat one's friends, so he did not. He wound up in penitentiary and the first night he was there, he was assaulted.

The reason I raise this in the context of this legislation is a warning that came from those good citizens in the coffee shop about what potential there is for damaging our young people by sending them off to prison for partaking in what they see as innocent fun, but we all know absolutely that it is not innocent fun.

Do you believe that this legislation will meet the test of actually getting street racing off the street, or is it only an answer to a hot political question?

Criminal CodeGovernment Orders

October 2nd, 2006 / 4:40 p.m.
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Liberal

Alan Tonks Liberal York South—Weston, ON

Mr. Speaker, I compliment the member for the Bloc on his overview with respect to Bill C-19. He has obviously done a great deal of research on this.

My question is with respect to Dominique Vaillancourt, who was quoted by the member. I think the comment was made through that quote, and I am taking this as my inference and I do not know if it is correct or not, that Mr. Vaillancourt suggested that there was an expansion of Bill C-19, which includes liabilities that may take place on private tracks. This goes somewhat beyond the initial parameters that the bill was purported and intended to deal with, which was street racing in public places.

I was taken by the member's insights with respect to young people who are looking for a constructive outlet to participate in road sport other than on public streets. Even local police enforcement agencies are working with young people through clubs and so on to try to steer them into a regulated environment where they can participate in a positive way in road sport.

If Mr. Vaillancourt is right, and my inference is that private tracks were included with respect to some liabilities, could the member indicate whether the bill is encompassing some private liabilities? Does he think this would not be constructive and helpful with respect to the approach he has suggested, that we take a more encompassing positive one, not just one that is obviously very intent on punishment?

Criminal CodeGovernment Orders

October 2nd, 2006 / 4:25 p.m.
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Bloc

Louis Plamondon Bloc Bas-Richelieu—Nicolet—Bécancour, QC

Mr. Speaker, I am pleased to speak to BillC-19, An Act to amend the Criminal Code (street racing) and to make a consequential amendment to the Corrections and Conditional Release Act on behalf of the Bloc Québécois.

The Bloc Québécois supports the bill, because it considers it to be a step forward. Of course, some changes could have been suggested. We will do that when it gets to committee.

The Bloc Québécois supports the principle of BillC-19, the purpose of which is to impose tougher penalties on people who participate in street racing, in order to deter people from engaging in practices like these that endanger the safety of the public.

We are very aware that this bill will not be sufficient in itself to put an end to the tragedies that are caused by street racing. However, sending a clear message that street racing will not be tolerated and will result in severe sentences will perhaps mean saving lives, by persuading some individuals to give up this dangerous activity that puts other people’s lives at risk.

This bill provides an opportunity to steer speed aficionados toward legal racetracks that have been set up for this purpose, and to make them aware of the terrible tragedies that racing on public streets can lead to.

First, I must point out that the previous government introduced Bill C-65, in September 2005, and that in October 2005 we supported it at second reading. It will be recalled that it died on the Order Paper, at committee stage on the dissolution of the 38th Parliament on November 29, 2005.

Unlike Bill C-19, Bill C-65 did not create new street racing offences. It simply treated participating in street racing as an aggravating circumstances for sentencing purposes in cases involving dangerous driving or criminal negligence.

The present BillC-19 therefore goes farther. However, when we pass a bill, will it have an impact on provincial laws, for example? We must always respect jurisdictions. We know that each province and territory has its own motor vehicle and highway safety legislation.

In Quebec, the maximum fine for a driver who engages in street racing is $600. In Ontario, an offender convicted of engaging in street racing may have his or her driver’s licence suspended for a maximum of two years.

Bill C-19 does not infringe on provincial legislation, because it requires that there be criminal intent. Criminal law is clearly under federal jurisdiction.

It appears that Bill C-19 will do nothing to alter the power that Quebec and the provinces have to regulate street racing. Here is an excerpt from an analysis of the bill by Dominique Valiquet of the Law and Government Division of the Library of Parliament:

An act during a sporting event may lead to criminal charges, even though the sport is provincially regulated. A parallel can be drawn with hockey. In Quebec, a regulation has been made, under the act respecting safety in sports, about hockey safety. Such a regulation does not prevent criminal charges from being laid against a player who committed an act that is an offence under the Criminal Code. An example would be assault causing bodily harm.

In the case of street racing, the act of a driver (even during a regulated event) can give rise to criminal charges if:

the driver has the required criminal intent;

the act represents a hazard that goes beyond the acceptable risks of the sport.

Dominique Valiquet continues:

However, it is important to note that Bill C-19 applies only to street racing in a public place. The first clause of the bill uses the wording “on a street, road, highway or other public place”.

Consequently, Bill C-19 does not apply to car races held on a track to which the public does not have access. However, in that case, criminal charges could be laid under the provisions of the Criminal Code on dangerous driving or criminal negligence causing bodily harm or death.

This opinion from Dominique Valiquet of the Law and Government Division of the Library of Parliament is clear as to the legal aspect of the bill.

We can summarize the bill by saying that it amends the Criminal Code by defining street racing and creating five new offences related to street racing. This is what distinguishes it from Bill C-65, for example, which was introduced by the other government. For three of these new offences, Bill C-19 provides for maximum sentences that are stiffer than those currently in effect for dangerous driving or criminal negligence while operating a motor vehicle. It introduces mandatory orders prohibiting offenders from driving for a minimum period, with a gradual increase in the duration of the order for repeat offences.

There is a huge difference between this bill and Bill C-65, because Bill C-19 goes further.

Let us take a closer look at this. For example, under current legislation, the courts must turn to the provisions related to dangerous driving or criminal negligence to punish those who engage in street racing. At present, the Criminal Code specifies four offences that could apply to street racing in case of death or injury: criminal negligence causing death, dangerous operation of a motor vehicle causing death, criminal negligence causing bodily harm, and dangerous operation of a motor vehicle causing bodily harm.

Under current legislation, the fact that criminal negligence or dangerous driving was committed in the context of street racing has no bearing. That is what we hope to change.

As for mandatory driving prohibitions, the Criminal Code currently compels judges to suspend the driver's licence of any individual convicted of impaired driving. For offences of criminal negligence and dangerous driving, such a suspension is currently at the judge's discretion. The difference under the proposed legislation is that it would not be left to the judge's discretion; rather, there would be mandatory minimum sentences.

Let us first look at clause 1 of the bill. The bill defines street racing as:

—operating a motor vehicle in a race with at least one other motor vehicle on a street, road, highway or other public place.

The expression “operating a motor vehicle in a race” does not seem to include a timed race involving only one motor vehicle. That would have to be added and defined at committee.

The definition of “motor vehicle” is found in section 2 of the Criminal Code. It includes motorcycles, snowmobiles and all-terrain vehicles. This is very important because races often take place among these kinds of vehicles.

The definition of street racing applies to organized street races as well as those improvised in inappropriate locations not intended for this purpose.

As for offences pertaining to street racing, it is important to talk about the five new offences created by this legislation. In addition to participation in street racing, an element of negligence must be present. What is the difference between criminal negligence and dangerous operation? What defines dangerous operation is that the driver's behaviour must be markedly different in terms of due diligence compared to that of a reasonable person in the same situation. In the case of criminal negligence, the driver must be found to have acted with wanton and careless disregard for the lives or safety of others. There is a distinct difference. Also, it must be shown that there was criminal negligence or dangerous operation in order for the participant to be found guilty of one of the five new street racing offences.

Whoever assists or encourages a street racer may also be considered to have participated in the offence.

This is important because there are promoters of these races on the Internet, who will not be charged unless they are included. Those who organize such races, not just the participants, must also be held responsible.

Bill C-19 adds the five following street racing offences to the Criminal Code: dangerous operation of a motor vehicle; dangerous operation causing bodily harm; dangerous operation causing death; causing bodily harm by criminal negligence; and causing death by criminal negligence. This is very clear.

For three of these new offences, Bill C-19 provides maximum sentences that are longer than those currently set for dangerous driving or criminal negligence in operating a motor vehicle. In the case of dangerous operation causing bodily harm, the sentence is 14 years compared to 10. For dangerous operation causing death, the sentence is imprisonment for life compared to 14 years. The difference in sentencing and the new offences being added are significant.

Judges can also order driving prohibitions. The Criminal Code currently requires the judge to suspend the driver's licence in cases where an individual is convicted of having the care or control of a vehicle while impaired.

For criminal negligence and dangerous driving offences, such an order is currently at the judge's discretion. When an individual is found guilty of criminal negligence causing death, the licence may be suspended for life. Bill C-19 removes the judge's discretion by setting out a one-year mandatory minimum driving prohibition the first time an individual is convicted of dangerous driving or criminal negligence causing bodily harm or death while participating in street racing.

The bill provides that the minimum driving prohibition period will be increased for subsequent offences. It is important to read the driving prohibition provision very carefully. It prohibits the offender from operating a motor vehicle on any street, road, highway or other public place for a minimum period plus any period to which the offender is sentenced to imprisonment. This is in addition to any other sentence the court may impose. An offender may appeal a driving prohibition order before the National Parole Board to cancel or vary such an order. Driving during the prohibition period is punishable by up to five years imprisonment. This bill would make major changes to the Criminal Code.

Bill C-19's proposed system of gradually increasing the length of prohibition for repeat offences would have to be reviewed. For dangerous driving that does not cause bodily harm, the increasing length of the prohibition is identical to the provisions in the Criminal Code for offences involving drinking and driving. This seems reasonable to us.

However, the minimum lengths seem more problematic for repeat offences of dangerous driving and criminal negligence causing death. For example, if a person has already been found guilty of dangerous driving cause bodily harm and they cause another person's death as a result of dangerous driving, they will automatically be banned from driving for life. In that example, the fact that a judge is forced to ban the offender from driving for life could create adverse effects, effects we have gone over a number of times during discussions on minimum sentences.

Let us review the reasons that have always prompted us to be extremely cautious in using minimum sentences. Minimum sentences restrict the judges, who are in the best position to determine the most appropriate sentence in light of all the facts in each case.

The Bloc Québécois defends a model of justice based on a personalized process, with a case-by-case approach and with the principle of rehabilitation in mind. Minimum sentences can have adverse effects and lead to plea bargaining by lawyers wanting to have their clients charged with offences that do not have minimum sentences.

Minimum sentences could also compel a judge to acquit an individual rather than impose a sentence that he or she feels is too strict, in light of any particular circumstances. For example, a suspension for life, while the appropriate sentence might be a suspended licence for five years. Hence, the amendments and questions proposed by the Bloc Québécois regarding this bill.

I would remind the House that my colleague, the hon. member from Argenteuil—Papineau—Mirabel, gave an eloquent address regarding Bill C-65 and I would like to quote from it:

The message we want to send to our young men and women is that there are places to engage in racing. That is what race tracks are for. So we do not want to discourage them or deny them the full enjoyment of their vehicles. Many young people put time and money into fine vehicles which are often very powerful. This is very much the fashion, and we do not want to discourage them from it.

What we are saying to them is that, when they do this, there are places for running their automobile trials. It is quite obvious that, for a young person who has spent a lot of money, it is always important to determine in the field whether the goods have been delivered. The message that we want to send our young people is that the only way to do this is on the race track and in those places where this type of racing is permitted.

I will also quote the member for Rosemont—La Petite-Patrie, who had this to say about the Montreal police forces:

The Montreal police forces have gone to considerable lengths to try to prevent this while maintaining a respectful posture. There is station No. 24 in Montreal...which has done wonders in this regard. I think now, though, that the law needs to be toughened. These sentences, which used to be at a judge's discretion, need to be made mandatory

In closing, I will also quote the member for Gaspésie—Îles-de-la-Madeleine, who said, “Efforts have to be made in terms of prevention, education, information and so on”.

In his speech, the hon. member talked about the need to go further. The discretionary powers of judges have allowed this phenomenon to expand over time. It is spreading more and more in cities, but also, as the member for Gaspésie—Îles-de-la-Madeleine said, “in rural and other areas in Quebec and Canada”.

In closing, I will quote the Library of Parliament again:

Although there are supervised locations where speed lovers can test their vehicles completely legally, street racing is still popular. Street racers are often looking for thrills, and some feel that the thrills are heightened in the street, in traffic, where the unexpected may happen and racers risk meeting a patrol car.

Street racing is becoming a new challenge and is expanding, according to the research by the Library of Parliament.

Indeed, a variant of this activity has been invented — the “hat race” or “cannonball run”: money is put into a hat, which is put in a location that is kept secret until just before the race starts, and the first participant to get there wins the money. No holds are barred: the drivers run red lights and ignore stop signs. These races are a clear reflection of the general attitude of recklessness that prevails among street racing participants.

That is what the Library of Parliament researcher has to say.

In my opinion, this is one more reason to vote for this bill, which is a step in the right direction. We have to put an end to street races and put them back where they belong: on race tracks and in places that are legally designated for racing.

Criminal CodeGovernment Orders

October 2nd, 2006 / 4:20 p.m.
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Conservative

Rob Moore Conservative Fundy Royal, NB

Mr. Speaker, that is a good question. As has been rightly said, and I agree with the hon. member 100%, we on this side of the House and probably all members in the House would agree that the best scenario is if a crime does not take place.

Of course we want people to get the message that crime does not pay, that there are other ways, and that they do not have to nor should they commit crimes, any kind of crimes, that have sanctions in the Criminal Code, whether it be street racing or some other criminal offence. In a perfect world that would happen; there would be no crime. But as we all know, we do not live in a perfect world, and we as legislators have to take actions to send an educational message. A big part of what we are doing today in this debate around Bill C-19 is to make people aware that the federal government through the Criminal Code is taking street racing seriously. That is an educational process.

An individual who has committed a first offence is not going to be treated as harshly under this bill as someone who has committed multiple offences. That is an educational process for someone who commits that first offence. Of course we want to be in a position where they do not commit that offence, and my hope is that through this bill people will think twice, that people will realize that we are taking this issue seriously.

On the preventive side also we have to have police officers out there enforcing the law. We listen to the police. We listen to the chiefs of police. Resources are an issue. That is why this government was very pleased in the last budget to put in a funding framework to increase the number of police officers acting in a preventive way to protect our streets and protect our citizens.

Criminal CodeGovernment Orders

October 2nd, 2006 / 4:15 p.m.
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Conservative

Rob Moore Conservative Fundy Royal, NB

Mr. Speaker, this bill sends the message that we are taking this issue seriously. I think it will have a deterrent effect on someone that there is a new Criminal Code offence of street racing. We are also putting into the Criminal Code increased maximum penalties and mandatory minimum driving prohibitions. This government is taking this issue seriously.

I am a little surprised. I have heard a couple of times from members of the NDP about the image in Hollywood and so on. I do not know if they are proposing that we censor Hollywood movies, but there are images out there and they may be unrealistic images. However, we have to deal with what we can as a House of Commons. We are putting the money into front line policing, 1,000 RCMP officers, and we are working with municipalities and the provinces for 2,500 other police officers. That is on the preventive side, to get the police out there on the street where they need to be.

There is a reason we have the Criminal Code. The Criminal Code exists to send a message to would-be offenders that there are certain actions that we will not tolerate as a society. When it comes to street racing, there is no specific mention in the Criminal Code, and until we pass Bill C-19 there will not be specific mention in the Criminal Code on the issue of street racing.

By its nature, if there are two cars barreling side by side down what could be a busy street, there is an increased danger that is not currently recognized in the Criminal Code. That is the deterrent effect we want to bring in. We want to specifically sanction in the code that activity as one which society does not tolerate.

Criminal CodeGovernment Orders

October 2nd, 2006 / 3:55 p.m.
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Fundy Royal New Brunswick

Conservative

Rob Moore ConservativeParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Mr. Speaker, it is an honour and a privilege today to speak to Bill C-19 respecting street racing.

Today I of course will be speaking in favour of the government's Bill C-19, An Act to amend the Criminal Code (street racing) and to make a consequential amendment to the Corrections and Conditional Release Act.

We have heard members opposite say there is some magic formula that can be used as a cure-all, but I think Canadians and certainly my constituents in Fundy Royal, contrary to those members, find it extremely refreshing that we finally have a government that is taking criminal justice seriously. We know that for too long there was a Liberal revolving door to the criminal justice system. We saw a lot of fluff come out. We saw programs that did not work.

Frankly, my constituents say to me that they find it refreshing to have a government that takes seriously protecting them, protecting society, protecting their lives and protecting their property. Quite frankly, they were fed up with the talk from the opposite side and are pleased to see some action.

As we know, and as has been said in other speeches, the matter of street racing was one of great importance to the late Chuck Cadman. Chuck was a member of Parliament for Surrey North and had twice brought forward a private member's bill on the issue of street racing, but each time the bill died on the order paper.

The previous government, as was mentioned, also brought forward a government bill, Bill C-65, during the 38th Parliament. That bill, too, died on the order paper. Like Mr. Cadman's bill, Bill C-65 took the approach of making street racing an aggravating factor for the offences of dangerous driving and criminal negligence that involve death or injury. Unlike Mr. Cadman's bill, Bill C-65 did not propose higher minimum driving prohibitions for repeat offences.

The government's Bill C-19 does follow Mr. Cadman's approach of bringing in mandatory driving prohibitions that escalate with repeat offences. We know that it is the few who are creating the problem. It is the recidivism and the repeat offenders who need to get the message that we are not going to tolerate serious street racing on Canada's streets.

In order to ensure that police and prosecutors can determine that a person is a repeat offender through the Canadian Police Information Centre, it is necessary to enact a street racing offence rather than simply create an aggravating factor of street racing. This is because CPIC does not record aggravating factors.

Some would say that past proposals to enact a requirement for judges to take into account acts of street racing as an aggravating factor in sentencing were very modest, given the fact that judges, and this is an important point, are already required to take into account all aggravating and mitigating circumstances when sentencing an offender. In this sense, enacting an aggravating factor provision would simply codify what judges already do and what they are quite rightly required to do. If a judge does not consider street racing an aggravating factor in sentencing, one would certainly expect the prosecution to appeal the sentence.

New street racing offences carrying mandatory driving prohibitions will send street racers a very clear message. It is a message that has to be sent on behalf of all Canadians. Racing on public streets is not going to be tolerated. I would point out that I am not, of course, speaking here of officially sanctioned road rallies but about those who commit the offence of dangerous driving or criminal negligence coupled with street racing. We did hear some members speaking today about legal racing, racing on racetracks, which is perfectly legitimate and which the bill does not touch on.

To those who do not heed the message sent by these new offences, Bill C-19 will deliver serious consequences.

Let me speak for a minute about those who engage in street racing. In many cases, they risk not only their own lives but the lives of others and pedestrians, innocent third parties who have in no way consented to any form of speed contest on the streets of our cities and towns.

My hat is off to police officers and others who work very hard with motorsport shops and organizations such as Mothers Against Drunk Driving to find safe, closed circuit venues for drivers to experience the thrill of racing. Those kinds of efforts, along with strong federal and provincial legislation, are exactly what is needed to eradicate street racing in Canada.

In my view, specific federal legislation on street racing is needed now more than ever. The evidence is quite clear on that. The existing dangerous driving and criminal negligence offences that can apply to street racing go some distance to preventing street racing by right thinking drivers, but there are still too many that will risk the lives pedestrians and other motorists in order to engage in street racing on busy city streets.

Where Parliament can do something more than what is already in place to improve the Criminal Code measures directed against street racing or any other serious offence for that matter, it ought to do so. Bill C-19 gives parliamentarians the opportunity to contribute in a meaningful way to the combined federal, provincial and municipal efforts aimed at street racing.

Bill C-19 will enact five new offences related to street racing. Three of these relate to the existing offence of dangerous driving. The other two relate to the existing offence of criminal negligence. For all five offences within Bill C-19, the key distinguishing feature will be the commission of the underlying offence plus the act of street racing on a street, road, highway or other place to which the public has access.

Another distinguishing feature of the five street racing offences is that they will each carry a mandatory prohibition from driving in Canada. These Criminal Code driving prohibitions will escalate for repeat offenders.

I will ask the indulgence of my colleagues in the House while I briefly sketch out the mandatory driving prohibitions.

For a first offence of dangerous driving with no death or injury accompanied by street racing, the minimum driving prohibition will be one year and the maximum driving prohibition will be three years.

For a second offence of dangerous driving with no death or injury and street racing, the minimum driving prohibition will be two years and the maximum driving prohibition will be five years.

For a third offence of dangerous driving, again with no death or injury and street racing, the minimum driving prohibition will be three years and the maximum driving prohibition will be a lifetime driving ban.

Where there is a first conviction for dangerous driving with injury and street racing, the minimum driving prohibition will be a minimum of one year and a maximum of 10 years.

Where there is a second conviction for dangerous driving or criminal negligence with injury and street racing, the minimum driving prohibition would be two years and the maximum driving prohibition 10 years.

Where there is a third dangerous driving or criminal negligence with injury and street racing, the minimum driving prohibition would be three years and the maximum again would be a lifetime ban.

Where there is a first conviction for criminal negligence with death and street racing, the minimum driving prohibition would be one year and the maximum would be a lifetime ban.

Where there is a first conviction for dangerous driving with death and street racing, the minimum driving prohibition would be one year and the maximum driving prohibition would be 10 years.

On a second conviction involving dangerous driving and street racing or criminal negligence street racing involving death or injury, and either the first or the second conviction involved a death, there would be a mandatory lifetime driving ban.

I hasten to note that these driving prohibitions are in addition to a driving ban during any period in which drivers are imprisoned. There will be no case where convicted drivers are sitting in jail, not prohibited from driving or having the driving prohibition period running down while they are incarcerated.

I turn now to the provisions in Bill C-19 for imprisonment.

For dangerous driving with street racing where there is no death or injury, the prosecution has the choice to proceed summarily, where the maximum period of incarceration is six months imprisonment, or the prosecution in a more serious case may choose to proceed by way of indictment, in which case the maximum period of imprisonment is five years.

For dangerous driving or criminal negligence with injury and street racing, the maximum period of incarceration is 14 years under Bill C-19. The current Criminal Code provisions do not speak to street racing and the present maximum for dangerous driving or criminal negligence with injury is 10 years imprisonment.

For both dangerous driving and criminal negligence with death and street racing, the maximum period of incarceration is life under Bill C-19. The current Criminal Code provisions again do not speak to street racing and the present maximum for dangerous driving with death is 14 years imprisonment and for criminal negligence with death the maximum is currently life imprisonment.

I think that Bill C-19 is a balanced approach to dealing with the dangers posed by street racing. The ranges of imprisonment and mandatory driving prohibitions that escalate with repeat offences reflect the serious nature of the proposed street racing offences.

Although there may be the very rare case where there are drivers who repeat a street racing offence that involves bodily harm or death, the police information system, CPIC, will track the repeat offence and it will be certain that these persons will receive harsher sanctions. This is an improvement over prior street racing bills given that the police information system does not show that there was an aggravating factor of street racing in a prior conviction, but would show prior street racing offences that are proposed by Bill C-19.

I also want to set the record straight on a couple of issues. Some media articles have suggested there is nothing useful to be found in Bill C-19 or that it is simply politically motivated. Nothing could be further from the truth.

It is clear that the bill will bring in mandatory driving prohibitions that will escalate with repeat offences. The existing driving prohibition in dangerous driving and criminal negligence cases is discretionary. It is hard to imagine that even some legal commentators do not seem to grasp this very significant proposal for change.

With the number of street racing offences involving death or injury, there will be an increase in the penalty range from that which exists for the current offences of dangerous driving and of criminal negligence. This is not a cynical political attempt to grab headlines. It is a valid response to a real problem which does what the Criminal Code can logically do in order to contribute to existing combined efforts of provincial governments, police, municipal governments, and other stakeholders to eliminate street racing and its attendant dangers from Canadian roads.

While it is true that higher maximum penalties under Bill C-19, like all maximum penalties, are reserved for the worst offender and the worst factual circumstances, raising a maximum penalty is Parliament's signal to the courts that Parliament sees the problem as more serious and that a shift to higher sentences is warranted even in those cases that do not involve the worst offender and the worst factual circumstances.

Some critics have even suggested that prosecutors would shy away from a dangerous driving street racing charge and prosecute a dangerous driving charge instead. This is nonsensical. The street racing offence will carry a mandatory driving prohibition while a conviction for dangerous driving without street racing carries a discretionary driving prohibition. There is a clear advantage to the street racing charge and with the passage of Bill C-19 an additional tool for the prosecutor's toolbox.

Finally, some critics charge that the problem is one which is either small or trifling. Try telling that to ordinary Canadians who experience street racers dodging in and out of traffic, putting road users at risk, or to families who are attending funerals and hospital emergency rooms as a result of a street racing accident. We cannot give street racing the ostrich treatment and simply stick our heads in the sand saying it is not a big problem.

No member of the government side of the House is saying that Bill C-19 alone is going to end street racing. However, it is an important part of the combination of countermeasures that are needed to confront the problem. Not to bring forward these measures would be irresponsible.

Where Parliament can do something proactive and logical about street racing, it ought to do exactly that. Bill C-19 proposes measures that are logical and that can be implemented by police and prosecutors. The measures proposed are neither pie in the sky nor Draconian. They are balanced and measured. They are calculated to contribute to the elimination of dangerous driving and criminal negligence combined with street racing. Anyone who says otherwise is simply wrong in their assessment of what the bill proposes.

In closing, I want to congratulate the Minister of Justice for fending off unjustifiable criticism in bringing this bill forward. I think it builds on the work done by the late Mr. Cadman and even on the street racing bill of the previous government. It does so in a very non-partisan way.

Bill C-19 is not about locking offenders and throwing away the key. It is balanced but it is firm. It is not a single solution to street racing, but it joins in the combination of measures that are needed to eradicate the dangers on the street.

I will be supporting Bill C-19 and I invite all members of the House to put aside partisan politics and pass this bill at second reading to send it to the legislative committee review stage.