Bill C-19 (Historical)

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

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.

Criminal Code

[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?

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

Mr. Speaker, I would like to clarify that it was not Mr. Vaillancourt, but Mr. Valiquet.

I quoted the member of the Law and Government Division because I was wondering whether this bill might encroach on provincial jurisdiction. I was told it would not. Given that each province and territory has its own legislation on motor vehicles, I was wondering whether tabling this bill might infringe on existing provincial laws, particularly those in Quebec, which has a very good framework. I was told there was no problem because anything to do with criminal law falls under federal jurisdiction.

Mr. Valiquet said that even if there were provincial regulations, the federal government could intervene in criminal cases if, for example, an assault had taken place. Hockey is heavily regulated in Quebec. However, if someone were seriously injured during a fight and the referee's report indicated assault, the federal government could intervene under the Criminal Code of Canada even though Quebec has regulations governing hockey.

In Quebec, speedways are also regulated. However, if a driver deliberately hit a stopped car during a race, for example, the Criminal Code authorizes intervention.

I quoted Mr. Valiquet to show that there was no encroachment on provincial jurisdiction. This is clearly federal jurisdiction. This bill works alongside provincial jurisdiction and does not contradict it. That is what I meant.

[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?

[The Acting Speaker, Andrew Scheer]

I would remind the hon. member for Hamilton East—Stoney Creek to address his questions and comments through the Chair, not directly to members.

The hon. member for Bas-Richelieu—Nicolet—Bécancour.

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

Mr. Speaker, the hon. member's question worries me without worrying me. It is a highly relevant question.

I remind hon. members that the bill does not specify what would happen if just one person raced for the fun of it. There has to be at least two cars for this bill to apply. That is debatable.

As far as the point made by the hon. member is concerned, this goes back to the debate on minimum sentences. I was wondering about that too, as I mentioned earlier in my speech. The judge needs to be given some latitude. I believe strongly in personalized justice with a case-by-case approach. The judge has the necessary knowledge for giving a ruling with a view to protecting the public and the individual's rights. In that sense, the question should be asked, especially when the hon. member gives the example of a young man who was inadvertently involved in an auto theft committed by his neighbour. The neighbour told the young man to drive the car, but failed to tell him the car was stolen. This poses a problem. The judge is in a good position to give a balanced ruling. If there is a minimum sentence, then the judge no longer has any choice.

He could even decide to acquit the accused because a five-year sentence would seem unreasonable.

The hon. member is right to ask these questions. I look forward to discussing this at greater length in committee.

[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.

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

Mr. Speaker, I know I must be brief, but I completely agree with my colleague about coercion. Such measures are needed to put a stop to these street races. However, our youth also need information, education and preventative measures, as you mentioned. They are often very amenable to such campaigns.

I think that as a follow-up to this legislation, a significant amount of public awareness must be generated using brochures and communications tools to reach youth. I would go so far as to say that we must work closely with the provinces on this and that an explanatory note should be included with licence renewals to make young people aware of the dangers of street racing.

[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.

[Paul Dewar, NDP, Ottawa Centre, ON]

Mr. Speaker, I have some concerns about the bill, one being how we deal with things in an evidence-based manner, that is, proving and showing to us as legislators that this is the way to deal with this problem exclusively. If not, what are some of the other things that can be done?

Some of the debate today has been around the fact that we have not looked at the full scope of how to attack the problem of street racing. I mentioned my concern about advertising, which is a concern shared by some of my colleagues. What are we doing vis-à-vis advertising? The response I received to that question was that we could not legislate what goes into Hollywood movies. I simply was pointing to the fact that some of the movies glorify street racing and that is something we should probably address. We cannot ban or censor movies but we can acknowledge the fact that they are a factor in street racing.

Something we can do and something that should be looked at is regulating advertising. We do have standards for advertising and we should look at those standards. As a member who is concerned about this issue, I would like to know what the member's feelings are about prevention. What can we do beyond this bill? I think most people would acknowledge that a law does not change behaviour in and of itself. We know other things can be done.

What is the role of those who change cars from being regular vehicles that take us from a to b to being street racing cars? This might be an underground business but we know we can find places that will soup up a car in an afternoon. How do we deal with this kind of thing? Is there something we can do as legislators in that area?

[Pierre Lemieux, Conservative, Glengarry—Prescott—Russell, ON]

Mr. Speaker, we are not saying that the bill is the complete solution to street racing. There is education and advertising. We need to send a message to the public that street racing is not acceptable, both from a legal perspective and from society's perspective.

The bill outlines that we want street racing to be a criminal act. I would ask people to picture in their mind what might be going on before a street race actually takes place. People might be milling around. Two cars might be on the street. The drivers themselves are probably thinking they can handle the speeding ticket and the demerits. They certainly do not intend to wound or kill anybody. In their mind they do not see the penalties being that grave. They think they can deal with the penalties should they happen to be caught.

That is one of the reasons that we want to break street racing out on its own. We want to tell people that it is a criminal activity. We want to let them know by advertising, by education and with the passing of this bill into law that it is a criminal activity. It is our hope that this will pass through their minds and dissuade them from street racing.

I also believe the bill would give our police an additional tool with which to act against people who are street racing. I believe our police officers need this sort of law to help them protect public safety.

As part of the bill, our government is committed to hiring more RCMP and police officers and working with communities. We want to ensure there are more police officers on the ground to help enforce a law such as this.

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.

[Bill Siksay, NDP, Burnaby—Douglas, BC]

Mr. Speaker, when the Minister of Justice spoke earlier this afternoon, he outlined the current provisions in the Criminal Code that deal with street racing. These are very serious charges. They deal with things like criminal negligence causing death, dangerous operation of a motor vehicle causing death, criminal negligence causing bodily harm, dangerous operation of a motor vehicle causing bodily harm and dangerous operation of a motor vehicle. All of them carry very serious penalties, 10 to 14 years or life is a possibility as well. There is also the possibility of a driving prohibition from 3 years up to 10 years and even a lifetime driving prohibition.

It seems to me that the Criminal Code already has some serious provisions that deal with street racing which are available to the law enforcement agencies to deal with the question of street racing. I do not know why they have not been enforced. Maybe the member could explain to me why these provisions are not working. They are very serious provisions and it seems to me that if we would enforce what is already there we would be making a dent in the problem of street racing.

[Pierre Lemieux, Conservative, Glengarry—Prescott—Russell, ON]

Mr. Speaker, the member is correct in that right now there are laws, not necessarily against street racing, but against reckless driving or dangerous driving. The difficulty is that there is no distinction between street racing and other forms of dangerous driving or criminal negligence. We want to create a separate offence in the Criminal Code that will specifically denounce street racing.

Street racing is a very defined activity. Reckless driving can occur but then there is street racing. In street racing one decides to participate in a street race. One decides that one will drive one's car as fast as possible in order to win whatever might be on the table. We want to basically separate this out from other dangerous driving type of offences in order to protect the public.

During my speech I listed some instances that have occurred recently and in past years where Canadian citizens have either been very gravely wounded or have actually died from street racing or alleged incidents of street racing. One of the reasons we want to protect Canadians from street racing is that it is a definable activity that is actually taking place on Canadian streets today. Having this activity hidden in among dangerous driving charges is not protecting Canadian citizens.

[Alan Tonks, Liberal, York South—Weston, ON]

Mr. Speaker, before I ask the question I would like to make it clear that the House, I think, is absolutely unanimous that these forms of absolutely preposterous activities taking place on our streets are totally unacceptable. We have seen very tragic results that have come about as a result of this kind of negligent and dangerous behaviour.

My question is on the preventive side. Throughout time, young people and people of all ages have been interested in tuning vehicles and in altering them in engineering terms. Some of us have gone and seen with great pride what people are capable of doing in terms of their innovative engineering capacities. Those are positive things but the outlet they have to then demonstrate what that capability is, is almost non-existent.

Law enforcement agencies are working, for example, around Mosport, and they are providing opportunities now for these young people, in a positive way, to go off the street onto the track to demonstrate their capabilities.

Does the member see that as a positive way of managing what has become a very serious issue? Is the government looking at any kinds of programs in cooperation with law enforcement agencies, service organizations and others that are now attempting to bridge a very profound social problem with some positive outlets that in fact would be even more than a deterrent? They would take those young people and get them into very positive endeavours around a sport that has been recognized over time.

[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.