An Act to amend the Criminal Code (motor vehicle theft)

This bill was last introduced in the 39th Parliament, 2nd Session, which ended in September 2008.

This bill was previously introduced in the 39th Parliament, 1st Session.

Sponsor

Andrew Scheer  Conservative

Introduced as a private member’s bill. (These don’t often become law.)

Status

In committee (Senate), as of April 10, 2008
(This bill did not become law.)

Summary

This is from the published bill.

This enactment amends the Criminal Code to provide for maximum punishments for persons who are convicted of motor vehicle theft.

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.

Votes

May 2, 2007 Passed That the Bill be now read a second time and referred to the Standing Committee on Justice and Human Rights.

Criminal CodeGovernment Orders

May 5th, 2009 / 1:40 p.m.


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Fundy Royal New Brunswick

Conservative

Rob Moore ConservativeParliamentary Secretary to the Minister of Justice

Mr. Speaker, I am pleased to speak today in support of Bill C-26, An Act to amend the Criminal Code (auto theft and trafficking in property obtained by crime).

The bill is aimed at tackling the separate but related problems of auto theft and trafficking in stolen property and other property obtained by crime. The bill reintroduces offences for tampering with a vehicle identification number and for trafficking in property obtained by a crime, which was initially set out in Bill C-53, a bill that our government introduced in the 39th Parliament.

Bill C-26 also proposes a new distinct offence of theft of a motor vehicle, which is similar to the offence proposed in Bill C-343, a private member's bill introduced by the hon. member for Regina—Qu'Appelle, which died on the order paper in the last Parliament. I would be remiss if I did not mention at this time the efforts of the member for Regina—Qu'Appelle for his outstanding work on behalf of his constituents and for raising awareness of this serious issue.

Auto theft is one of the most pervasive forms of property crime in Canada. While there has been a downward trend in auto theft rates in the last decade, it stills remains one of the highest-volume offences in Canada. In its December 2008 report on motor vehicle theft, Statistics Canada reported that in 2007 approximately 146,000 motor vehicle thefts were reported to the police across Canada, averaging 400 thefts per day.

Motor vehicle theft has created a significant impact on owners, law enforcement and the insurance industry. The Insurance Bureau of Canada estimates that auto theft costs Canadian more than $1 billion each year, including non-insured vehicle theft, policing, health care, legal costs and out-of-pocket costs such as insurance deductibles.

Motor vehicle theft also creates public safety concerns for Canadians, as stolen vehicles are often involved in police chases or dangerous driving, which can result in injury or death to innocent bystanders. Such was the case of the tragic death of Theresa McEvoy, a Nova Scotia educator and mother of three children who was killed on October 14, 2004, when her car was struck by a youth driving a stolen vehicle. Sadly, this is not a rare incident. A study carried out by the National Committee to Reduce Auto Theft reported that in the period of 1999-2001, 81 people were killed as a result of auto theft and another 127 people were seriously injured.

The bill therefore proposes that a new offence of motor vehicle theft be added at section 333.1 of the Criminal Code. It is true that many offences in the Criminal Code already address motor vehicle theft, such as theft, fraud, joyriding, possession of property obtained by crime and flight from a police officer. However, the bill would create a distinct offence with an enhanced penalty for a third and subsequent conviction in the form of a mandatory minimum sentence of six months imprisonment.

The creation of this distinct offence is an important measure that will assist prosecutors. A problem currently facing the courts is that very often a prosecutor is unaware that the offender is a career car thief. Normally, the offender is simply charged with theft over $5,000 or possession of property over $5,000 and there is no indication on the available record as to the type of property that was stolen. The result is the prosecutor and the judge do not know if they are dealing with a prolific car thief or with a car thief involved with organized crime. The proposed distinct offence will help give the courts a clearer picture of the nature of the offender for bail hearings and when it comes time to impose a sentence.

In a report published in 2004, Statistics Canada estimated that roughly 20% of stolen cars were linked to organized crime activity. Organized crime groups participate in the trafficking of stolen autos in at least three ways. First, they operate chop shops, where stolen vehicles are disassembled and their parts are trafficked, often to unsuspecting customers. Second, organized crime is involved in the process of altering a car's legal identity through changing its vehicle identification number, commonly known as its VIN. Third, high-end, late-model luxury sedans and sport utility vehicles are exported from Canadian ports to far-off locations in areas such as Africa, the Middle East and Eastern Europe.

The bill takes serious steps to address organized crime's involvement in motor vehicle theft in a number of ways, including by the proposed creation of two new offences of general application that will target trafficking in property obtained by crime whether stolen property or property obtained by fraud or other crimes. Let me be clear, though. The scope of the proposed trafficking offences is comprehensive and will extend to all forms of trafficking and property obtained by crime, not just stolen autos.

To understand how the proposed offence of trafficking and property obtained by crime would help, consider what ultimately happens to personal property when it is stolen during a typical break and enter. Members in the House probably have constituents who can relate to the offence of break and enter. When thieves break into homes, the first thing they usually do with the goods is sell them to a fence, who buys them at a significant discount and then sells the stolen property at a profit, either to pawn shops, legitimate businesses or directly to customers who have ordered a specific item such as a high-end bicycle or electronics.

In the theft cycle it is the fence who provides the avenue to pursue the financial incentive that motivates the thief to commit the initial crime.

Another example of trafficking involves the stealing of vehicles to export or dismantle for parts. This is a lucrative business for organized crime and one that affects the legitimate retail industry. Stolen parts are easily fenced and often sold to unsuspecting customers or garages. It is far easier to traffic automotive parts than entire vehicles, especially when exporting by sea.

Selling automotive parts can also be more lucrative than selling an entire automobile because parts from cars older than five years old are often worth much more than the vehicle would be worth if it was sold as a whole.

Chop shops that disassemble stolen cars thrive in urban areas, especially those with easy access to ports. Canadian chop shops export automotive parts throughout the world.

Presently the general offence of possession of property obtained by crime in section 354 of our Criminal Code carries a maximum of 10 years imprisonment for property valued over $5,000. It is the principle Criminal Code offence that is used to address trafficking in property obtained by crime. There is no specific trafficking offence that adequately captures the full range of activities involved in trafficking, such as selling, giving, transferring, transporting, importing, exporting, sending or delivering stolen goods. The current theft and possession provisions also do not recognize organized crime involvement in these activities.

There is an organized nature to the activities involved in dealing in property obtained by crime. Take auto theft as an example. Chop shops often keep as little inventory as possible to avoid detection and to minimize the risk of multiple counts in the event of a raid. The offence of possession of property obtained by crime does not capture the fact that the chop shop operation processes far more motor vehicles than are normally seized during a raid. Additionally, the police often only charge the person who is in possession of the property at the time of the raid. In many cases none of the other players can be fully prosecuted during the existing theft or possession offences.

To more effectively address organized crime, including commercial auto theft, it is necessary to target all the middlemen, including the seller, the distributor, the person chopping the car, the transporter and the person arranging and organizing these transactions. This is also the case in regard to the trafficking of stolen property in general.

The proposed reforms in Bill C-26 will give law enforcement and prosecutors new tools to target those who participate in any part of the entire range of activities that are involved in the disposal of illegally obtained goods. To this end, it will make it an offence to traffic in or possess for the purpose of trafficking in property obtained by crime.

The proposed offences will be based on a wide definition of trafficking. It will include the selling, giving, transferring, transporting, importing, exporting, sending or delivering of goods or offering to do any of the above. As such this, new law will target all of the middlemen who move stolen property from the initial criminal act through to its sale to the ultimate consumer.

I should mention that there are victims at both ends of the spectrum, the individuals who have had their property stolen and the unsuspecting purchasers of goods obtained through the theft from innocent victims.

This government believes that serious crime should be appropriately punished. Accordingly the proposed trafficking and possession for the purpose of trafficking offences will have higher penalties than the existing possession offence in section 354 of the Criminal Code. If the value of the item trafficked exceeds $5,000, the maximum penalty will be 14 years imprisonment. If the value is less than $5,000, the matter will be a hybrid offence and will carry a maximum penalty of five years imprisonment on indictment or six months on summary conviction.

As noted, the movement of stolen property across Canada's international borders, especially automobiles, is a particular problem. However, at our ports now, Canada Border Services Agency officials cannot use their administrative powers under the Customs Act to stop suspected stolen vehicles from leaving our ports. In order for the CBSA to be able to bar the cross-border movement of property obtained by crime, goods must first be classified as prohibited goods for the purpose of importation or exportation.

No such classification is currently set out under federal law. If customs officials come across suspected stolen automobiles, they do not currently have the administrative authority to detain the shipment, or even to determine themselves whether the cars are stolen by accessing databases. They can, of course, refer clear cases of criminal activity to the police, but the application of administrative customs' powers would be far more effective in helping to interdict the export of stolen goods.

To address this concern, I am pleased to say that the bill proposes to supply the necessary express prohibition against the importation or exportation of property obtained by crime. This would trigger the administrative enforcement powers of the Canada Border Services Agency.

In the case of auto theft, for example, CBSA officers would be able to investigate, identify and detain imported vehicles or vehicles about to be exported, and to search databases to determine whether such vehicles were indeed stolen. These actions could ultimately produce evidence that would allow the police to conduct criminal investigations and lay criminal charges.

As I have mentioned, another one of the ways in which organized vehicle theft is facilitated involves disguising the identity of stolen vehicles. This process involves stripping the vehicle of all existing labels, plates and other markings bearing the true vehicle identification number, and then manufacturing replacement labels, plates and other markings bearing a false vehicle identification number obtained from imported or salvaged vehicles.

There is currently no offence in the Criminal Code that directly prohibits tampering with a vehicle identification number. Like trafficking, the current Criminal Code provision used to address VIN tampering is the general offence of possession of property obtained by crime.

The proposed amendment would make it an offence to wholly or partially alter, obliterate or remove a VIN on a motor vehicle. Under the new offence, anyone convicted of tampering with a vehicle identification number could face imprisonment for a term of up to five years on indictment, or punishment on summary conviction.

As of October 1, 2008, when Bill C-13 came into force, the general penalty for an offence punishable on summary conviction is now a fine of not more than $5,000, or a term of imprisonment not exceeding six months, or both. This would be an additional offence. A person could be charged with both the possession of property obtained by crime and the proposed VIN tampering offence, which could result in a longer sentence. In order to ensure that the proposed VIN tampering offence does not capture lawful behaviour such as automobile body repair, recycling and wrecking, the offence also includes an express exemption provision.

This government is serious about fighting crime, and this legislation is a strong measure to help law enforcement and prosecutors punish criminals who commit auto theft and trafficking in property obtained by crime.

I want to take this opportunity to thank our Minister of Justice, who has carried the ball on a number of significant measures that tackle violent crime, gang crime, organized crime and motor vehicle theft. As he is fond of saying, we are just getting started.

There is so much more we can do, and we are doing that. This bill is a big part of protecting all Canadians from the offence of motor vehicle theft.

The House resumed consideration of the motion that Bill C-343, An Act to amend the Criminal Code (motor vehicle theft) be read the third time and passed.

Criminal CodePrivate Members' Business

February 27th, 2008 / 5:45 p.m.


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Liberal

Anita Neville Liberal Winnipeg South Centre, MB

Mr. Speaker, I am pleased to speak to the report stage of Bill C-343, An Act to amend the Criminal Code (motor vehicle theft), and to express my support for the bill. I congratulate my colleague for putting this bill forward because it is a step in the right direction in addressing a serious issue that so many Canadians face today.

I do want to make a note that while the government claims to be tough on crime, it did not take the initiative to bring this bill forward as a government bill. I wonder if it does not understand the seriousness of motor theft. It claims to support the initiative but it could have brought this forward as a government bill. However, I am happy to see it in the House.

We know that auto theft is a serious threat across the country and, as you well know, Mr. Speaker, it is a matter of great concern for many of the residents of the city of Winnipeg.

According to the Winnipeg Police Service website, every hour in Winnipeg a vehicle is stolen and over 90% of the vehicles are recovered. This shows that most vehicles that are stolen on the streets of Winnipeg are stolen for the mere fact that these thieves simply want to go on a joyride, not considering at all the individuals who are affected.

I have had the opportunity in the last months to meet a number of times with the leadership of the District 6 police in the city of Winnipeg, which is the area encompassing the jurisdiction that I represent. I met with Inspector Roy Smith and Staff Sergeant Keith Walker. They spent a fair bit of time with me, giving me some indication of the seriousness of the challenges in Winnipeg with auto theft and with theft in general. They acknowledged that it was going down. It is going down but it is going down with a huge concerted effort and resources of the police department.

Recently I attended the City of Winnipeg's mayor's State of the City speech that he gave to the Chamber of Commerce. He, too, referenced the fact that auto theft did go down by 27% last year, but he also noted that auto theft attempts had gone up by 8.8%. Unfortunately, the problem is not going away, and we know that the Manitoba Public Insurance Corporation has undertaken many initiatives to curtail auto theft crime but it is of great significance.

From January 1 to February 17, according to the Winnipeg Crime Stoppers' website, there have been 595 actual car thefts and 589 attempted car thefts. This is a staggering number that appears to be slowly going down in the city but still alarming enough that the issue must be addressed. That does sort of verify the figure of a theft an hour because it is 24 per a 24-hour period. It is simply not acceptable for that to be happening.

We learned from the police that when certain known car theft perpetrators are apprehended and in custody, the numbers go down.

Last September, like other Manitoba members of Parliament and other members of Parliament in my caucus, I was able to meet with the Manitoba delegation that came to Ottawa to address the government and the opposition. My colleagues and I in the Liberal caucus met with Premier Gary Doer; Justice Minister Chomiak; Mayor Katz; Mayor Burgess of Brandon; provincial opposition leaders; Dr. Jon Gerrard and Mr. Hugh McFayden; Chief Dennis Meeches of the Long Plains First Fation and a variety of citizens who have been affected by crime in Manitoba.

They brought forward a number of proposals dealing with criminal activity and offences. The one that resonated with me, and what I heard from the police in District 6, was that if we did one thing, the one most important thing, would be to make auto theft an indictable offence.

The concerns that the delegation brought to the table were those of auto theft. They expressed the need for tougher penalties and called on the Government of Canada to take action. As I mentioned earlier, I am disappointed that making auto theft an indictable offence was not part of the government's crime initiatives.

The Conservatives claim to be tough on crime, but it is part of the game. The tackling violent crime bill was delayed by the Conservatives themselves. They then tried to force it through the Senate. They play games with the safety of Canadians and only take action when they have a political agenda.

I commend my colleague for raising this important issue which must be addressed.

I heard the delegation loud and clear. Bill C-343 is a step in the right direction. It would make everyone who commits a theft of a motor vehicle guilty of an indictable offence or an offence punishable on summary conviction, but I feel we can go even further.

In the coming days I will be introducing a bill of my own that would build on the bill put forward by my colleague. My bill would make everyone who commits a subsequent offence guilty of an indictable offence. It would not leave them an option. I think it would deter thieves from creating a second offence.

This is important for the safety of the citizens of my community. I am not aware of the prevalence of auto theft elsewhere in the country, but I do know of it in my own community. I am firmly committed in undertaking every effort to address what has become a very serious issue in the city of Winnipeg.

The House proceeded to the consideration of Bill C-343, An Act to amend the Criminal Code (motor vehicle theft), as reported (with amendment) from the committee.

Justice and Human RightsCommittees of the HouseRoutine Proceedings

December 10th, 2007 / 3:05 p.m.


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Conservative

Art Hanger Conservative Calgary Northeast, AB

Mr. Speaker, I have the honour to present, in both official languages, the second report of the Standing Committee on Justice and Human Rights.

In accordance with the order of reference of Tuesday, October 16, 2007, the committee has considered Bill C-343, An Act to amend the Criminal Code (motor vehicle theft), and has agreed on Thursday, December 6, to report it with amendments.

Business of the HouseOpening of the Second Session of the 39th Parliament

October 16th, 2007 / 6:45 p.m.


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The Speaker Peter Milliken

Order. It appears we have a few moments and to save time later I will inform members of something they are just aching to hear about now.

As hon. members know, our Standing Orders provide for the continuance of private members' business from session to session within a Parliament.

The list for the consideration of private members' business established on April 7, 2006, continues from the last session to this session notwithstanding prorogation.

As such, all items of private members' business originating in the House of Commons that were listed on the order paper during the previous session are reinstated to the order paper and shall be deemed to have been considered and approved at all stages completed at the time of prorogation of the first session.

Generally speaking, in practical terms, this also means that those items on the Order of Precedence remain on the Order of Precedence or, as the case may be, are referred to committee or sent to the Senate.

However, there is one item that cannot be left on the Order of Precedence. Pursuant to Standing Order 87(1), Parliamentary secretaries who are ineligible by virtue of their office to be put on the Order of Precedence will be dropped to the bottom of the list for the consideration of private members' business, where they will remain as long as they hold those offices.

Consequently, the item in the name of the member for Glengarry—Prescott—Russell, Motion M-302, is withdrawn from the Order of Precedence.

With regard to the remaining items on the order of precedence let me remind the House of the specifics since the House is scheduled to resume its daily private members' business hour starting tomorrow.

At prorogation, there were seven private members' bills originating in the House of Commons adopted at second reading and referred to committee. Therefore, pursuant to Standing Order 86.1:

Bill C-207, An Act to amend the Income Tax Act (tax credit for new graduates working in designated regions), is deemed referred to the Standing Committee on Finance;

Bill C-265, An Act to amend the Employment Insurance Act (qualification for and entitlement to benefits), is deemed referred to the Standing Committee on Human Resources, Social Development and the Status of Persons with Disabilities;

Bill C-305, An Act to amend the Income Tax Act (exemption from taxation of 50% of United States social security payments to Canadian residents), is deemed referred to the Standing Committee on Finance;

Bill C-327, An Act to amend the Broadcasting Act (reduction of violence in television broadcasts), is deemed referred to the Standing Committee on Canadian Heritage;

Bill C-343, An Act to amend the Criminal Code (motor vehicle theft), is deemed referred to the Standing Committee on Justice and Human Rights;

Bill C-377, An Act to ensure Canada assumes its responsibilities in preventing dangerous climate change, is deemed referred to the Standing Committee on Environment and Sustainable Development; and

Bill C-428, An Act to amend the Controlled Drugs and Substances Act (methamphetamine), is deemed referred to the Standing Committee on Justice and Human Rights.

(Bills deemed introduced, read the first time, read the second time and referred to a committee)

Furthermore, four Private Members' bills originating in the House of Commons had been read the third time and passed. Therefore, pursuant to Standing Order 86.1, the following bills are deemed adopted at all stages and passed by the House:

Bill C-280, An Act to Amend the Immigration and Refugee Protection Act (coming into force of sections 110, 111 and 171);

Bill C-292, An Act to implement the Kelowna Accord;

Bill C-293, An Act respecting the provision of official development assistance abroad; and

Bill C-299, An Act to amend the Criminal Code (identification information obtained by fraud or false pretence).

Accordingly, a message will be sent to inform the Senate that this House has adopted these four bills.

Hon. members will find at their desks an explanatory note recapitulating these remarks. The Table officers are available to answer any further questions that hon. members may have.

I trust that these measures will assist the House in understanding how private members' business will be conducted in this second session of the 39th Parliament.

(Bills deemed adopted at all stages and passed by the House)

Criminal CodeGovernment Orders

May 3rd, 2007 / 12:10 p.m.


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Liberal

Sukh Dhaliwal Liberal Newton—North Delta, BC

Mr. Speaker, first, I congratulate you formally on getting second reading on your Bill C-343, to amend the Criminal Code, motor vehicle theft. I was very proud to support that.

I am pleased to have an opportunity to speak in support of Bill C-22 today. The bill amends the Criminal Code to raise the age from 14 to 16 at which a person can consent to non-exploitive sexual activity. This applies to sexual activity involving prostitution, pornography or where there is a relationship of trust, authority, dependency or any other situation that is otherwise exploitive to another person.

Bill C-22 will better protect our youth against sexual exploitation by adult predators and I believe it strikes an appropriate balance that will not target consenting teenagers.

The age of consent of 14 has been around since the Canadian Criminal Code was consolidated in 1892, and the change proposed in the bill is long overdue. Most of the U.S. states, by and large, have 16 as the age of consent, as do most of the states of Australia as well as the United Kingdom, New Zealand, Belgium, Finland and many other countries.

BillC-22 was tabled on June 22, 2006, and we are fast approaching the one year anniversary of the government bringing forward the legislation. The Conservative government knows that a majority of MPs in the House of Commons want to pass the bill, the government's bill, and yet we are debating a bill that could have been passed months ago.

I have been incredibly disappointed with the Conservative government's constant delay of legislation that it has put forward.

The Liberal opposition has tried three times in the last six months to expedite a number of government bills dealing with justice issues and each time the Conservative Party has shown that it is more interested in gaining partisan advantage than in actually passing its own legislation.

The Liberal opposition even tried to table a motion that proposed the immediate passing of seven of the nine bills that the government brought forward. All of this legislation could have been in the Senate long ago and some even passed into law, effectively disposing of more than half of the government's entire justice agenda.

Unfortunately, the Conservative House leader raised a point of order to block the Liberal motion and caused further delays in passing serious anti-crime legislation. The citizens of Canada are seeing for themselves how hollow Conservative words ring when it actually comes to implementing a serious crime agenda.

This is not the only legislative game the Conservative government is playing. It refuses to bring Bill C-30 to the House. It is delaying private members' business dealing with climate change in the Senate. It has delayed seven different justice related bills in the past few months. It is absolutely incredible.

Over that period of time in my own riding of Newton—North Delta, the city of Surrey has brought forward its own crime reduction plan, which I spoke to earlier this week. The Liberal opposition has brought forward a plan to hire 400 new RCMP officers and fast track justice legislation on which we all agree. Instead, we have seen dithering, delay and broken promises. The biggest being the Conservative government's promise to hire 2,500 new police officers, which it did not get it done. The mayor of Vancouver brought forward more money for new police officers this year than Canada's government for the entire country.

It is time for the Conservative government to stop playing politics with the issue of crime reduction and prevention. People expect better and rhetoric will not cover for the fact that this bill should have been passed months ago.

Passing Bill C-22 will give police more tools to stop predators that our officers see on the street every day. It will bring us in line with the majority of western democracies and most importantly, it will give us an even greater capacity to protect our children.

According to Detective Janet Hall of the Toronto Police child exploitative section, this bill will change for the better the way police investigate child pornography, underage prostitution and Internet luring. In effect, more kids will be protected and more predators will go to jail where they belong.

A senior member of the RCMP child exploitative unit has praised steps to raise the age of consent as another step toward protecting our children on line.

I am also on the access to information committee and I have heard the witnesses coming there. The Salvation Army has written that those between the ages of 13 to 15, who are most vulnerable to being manipulated into a sexual relationship, will be more protected and it will end any charge that Canada is in fact a destination for sex tourism and sexual trafficking.

Tamara Lampton from my riding of Newton—North Delta wrote to me and said: “It's not about what party is right or wrong; it's about protecting the most vulnerable in our great nation”.

Kathy Ford wrote to me and said: “I'm praying you will cast your yes vote on this bill and protect our children, who are our most valuable resource”.

Laurie Leiggett wrote to me and said: “I believe Canada must step up to the plate and be a leader in protecting children from sexual exploitation, not a haven for pedophiles”.

What does that say? This is exactly what I was saying earlier, that the Conservative government could have acted months ago to protect these children who have been exploited within that timeframe.

I realize that many members on the other side of the House agree with this legislation, but there is a big difference between moving the legislation and actually passing the legislation. The Conservative government will have to do a lot of explaining to those Canadians who are appalled at the partisan Conservative delay tactics that have stalled Bill C-22.

As a father of three young children and as an elected member of Parliament who has consistently reflected my community's desire that we be tougher on crime and work toward crime reduction and prevention strategy, I implore the Conservative government to stop playing politics with the Criminal Code and allow this legislation to pass as soon as possible.

Criminal CodePrivate Members' Business

May 2nd, 2007 / 6 p.m.


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The Speaker Peter Milliken

The House will now proceed to the taking of the deferred division at second reading of Bill C-343, under private members' business.

The House resumed from April 27 consideration of the motion that Bill C-343, An Act to amend the Criminal Code (motor vehicle theft) be read the second time and referred to a committee.

Criminal CodePrivate Members' Business

April 27th, 2007 / 2 p.m.


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Conservative

James Bezan Conservative Selkirk—Interlake, MB

Mr. Speaker, I stand today to speak in support of Bill C-343, An Act to amend the Criminal Code (motor vehicle theft), and I thank the member for Regina—Qu'Appelle for bringing this important bill forward.

It is clear from reading Bill C-343 that this proposed legislation is directed at combating the high rate of auto theft in Canada. Reducing the rate of auto theft would make Canadian streets safer and would target a major source of profits for criminal organizations.

The bill would amend the Criminal Code to create a distinct offence with enhanced penalties for the theft of a motor vehicle. The bill provides that the sentence for a first offence would be a minimum punishment of a fine of $1,000 or a minimum prison term of three months, or both. A second offence would result in a mandatory minimum fine of $5,000 or a minimum prison term of six months, or both. A third and subsequent offence would result in a minimum fine of $10,000 and a minimum term of two years imprisonment with a maximum of ten years.

The auto theft rate in Canada must be reduced. Statistics Canada reports that more than 160,000 cars were stolen in 2005, which is up from 130,000 in 2003. The Insurance Bureau of Canada estimates that motor vehicle theft costs Canadians over $1 billion a year in insurance costs, health care, court, policing and out of pocket expenses such as deductibles.

While the financial cost of auto theft is a serious concern, an even greater concern is the dangerous driving that often results from the commission of the offence of stealing a car. Dangerous driving can and does result in serious injury and death to innocent Canadians. Such was the case of the tragic death of Theresa McEvoy, a Nova Scotian educator and mother of three children. She was killed on October 14, 2004 when her car was struck by a youth driving a stolen vehicle. Just recently in Regina a young girl was killed when the minivan in which she was driving was struck by a stolen car whose driver was evading the police.

In my own province of Manitoba, the city of Winnipeg has become the auto theft capital of Canada. Manitoba's auto theft rate jumped over 10% in the last two years, despite a $22 million program to put in ignition immobilizers in as many vehicles as possible. In 2006, Manitoba recorded 9,449 vehicle thefts, up from 8,957 in 2005, but still down from the record 10,638 in 2004, one of the worst years ever for car theft, which placed Manitoba on top among provinces for auto theft.

This epidemic often leads to the destruction of vehicles and serious injuries to law-abiding motorists and pedestrians when the stolen vehicles are used as weapons or taken for dangerous joyrides.

Just last month a group of kids in Winnipeg stole vehicles and then targeted joggers, clipping them with their car mirrors. It is these kind of criminals that we need to get off our streets.

There is also a trend in Canada where auto theft is shifting away from random acts of crime toward organized criminal activity. Experts link the recovery rate of stolen cars to the degree of organized crime involvement. The recovery rate for stolen cars is on the decline. For example, in Toronto, over 90% of stolen cars used to be found and returned. Now that rate is less than 70%. In Quebec, less than 50% of stolen cars are recovered.

Out of close to the 170,000 automobiles stolen every year, police and insurance experts estimate that about 20,000 of these cars are shipped abroad to destinations such as eastern Europe, West Africa, the Middle East and Latin America.

Vehicle theft rings are insidious organizations that the government is determined to fight. They tend to be complex organizations made up of brokers who hire middlemen who, in turn, hire thieves to steal the cars. Typically, the thieves are young people who are instructed to steal the vehicle and deliver it to a set location. At this point, the vehicle is normally chopped and dismantled for parts or re-VINed, where the vehicle identification number is altered, or the car is exported.

Another serious issue is the role of young offenders in motor vehicle theft. Almost 40% of those charged for stealing a motor vehicle are between the ages of 12 and 17. Oftentimes cars are stolen for joyriding but, increasingly, organized crime is recruiting youth to their operations. Youths are required to steal the cars and deliver them to a middleman, while the criminals at the upper levels of the organization are protected from the risk of getting caught by the law.

Canadians know that our government is committed to getting tough on crime. We have introduced a number of pieces of legislation that aim to crack down on serious criminal offences.

Bill C-10 was introduced to increase the mandatory minimum penalty for serious offences involving firearms for gang related offences. For offences committed with a restricted or prohibited firearm, such as a handgun, there are mandatory minimum penalties of five years on a first offence and seven years for a second or subsequent offence.

The government has proven its commitment to combat dangerous driving through Bill C-19, which created five new offences to combat street racing and also provided for mandatory minimum periods of driving prohibitions. I am pleased that the House supported the bill and, indeed, that it received royal assent on December 14, 2006.

Another step that the government has taken to make our roads and highways safer is with Bill C-32. In 2003, alcohol and/or drugs were involved in 1,257 fatalities, 47,181 injuries and 161,299 property-damage-only crashes involving 245,174 vehicles. The total financial and social costs of these losses are estimated to be as high as $10.95 billion.

The bill would significantly increase fines and minimum jail terms for driving while impaired. It also would make it easier to investigate and prosecute impaired driving cases. The bill also deals with those who drive while on drugs, authorizing police to demand roadside physical sobriety tests and bodily substance samples at the police station.

The government has shown its commitment to crime prevention in the 2007 budget in which $64 million over two years were set aside to establish a new national anti-drug strategy to crack down on gangs, grow ops and crystal meth labs, prevent illicit drug use and treat illicit drug dependency. In addition, $14 million over two years have been set aside to combat the criminal use of firearms.

Under the current law, a person who steals a motor vehicle is normally charged with theft over $5,000. Bill C-343 would create a separate, distinct offence for motor vehicle theft.

Another compelling reason for the creation of a distinct offence is that it would make the criminal justice system more efficient. Currently, a prosecutor is often unaware of whether an offender is a career car thief. Normally the offender is simply charged with theft over $5,000 and there is no indication on the record as to the type of property that was stolen. The creation of a distinct offence would help to give the courts a clearer picture of the nature of the offender for bail hearings or when it comes time to handing down a sentence.

I support Bill C-343 and urge hon. members to send the bill to committee so it can be reviewed in greater detail.

Criminal CodePrivate Members' Business

April 27th, 2007 / 1:50 p.m.


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Bloc

Thierry St-Cyr Bloc Jeanne-Le Ber, QC

Mr. Speaker, I am pleased to participate in today's debate on Bill C-343. This bill seeks to amend the Criminal Code to increase minimum penalties for motor vehicle theft.

A similar bill, Bill C-293, was defeated at second reading during the last Parliament. At the time, the Bloc Québécois voted against it, and today, we will vote against it again. The only difference between the two bills is that Bill C-343 establishes a two-year minimum sentence for a third car theft offence instead of a one-year sentence.

Currently, the Criminal Code treats car theft like any other theft, that is, as a crime against property punishable by different penalties according to the value of the stolen goods. When an individual steals a motor vehicle whose value exceeds $5,000, the offence is punishable by a maximum prison term of 10 years. If the value of the vehicle is less than $5,000, the offence is punishable by up to two years in prison. As we are all aware, most of the time, shorter sentences are given. I would note that a vehicle worth less than $5,000 is becoming a rare thing these days. At any rate, thieves generally steal vehicles that they think have a certain cash value.

The bill before us seeks to amend the Criminal Code to impose minimum prison sentences for motor vehicle theft. It sets out different sentences for first offences and repeat offences. As I said, we are against this bill. We believe its purpose is not really to solve this problem but to create the illusion of doing so. I mentioned earlier that we voted against a nearly identical bill on September 28, 2005.

Minimum penalties are at the heart of this bill. We know that, in the vast majority of cases, the concept of minimum penalties is an ineffective deterrent to crime. In our society, most people readily obey the law. Any reasonable person obeys the law and they do so not because they worry about the repercussions, but because they are reasonable and they simply respect society. Those who do not obey the law do not have that good sense. In the majority of cases, in almost all cases, these people think they will not be caught. So the severity of the punishment is not much of a deterrent to criminals. When the legislator determines the length of a maximum term of imprisonment, they are far more concerned with establishing the relative seriousness of a crime in relation to others than with the deterrent it would provide.

So, to think that because a thief is familiar with the Criminal Code and knows that there is a minimum penalty, he will be deterred from stealing a car is wrong in most cases.

I would like to provide some international statistics that prove that imprisonment is not an effective measure for crime prevention. Canada imprisons 101 persons out of every 100,000 inhabitants. In the European Community, it is 87 out of every 100,000. In France, the number is 77. I do not think anyone believes that countries in the European Community or that France are less safe than our country. In Japan, one of the countries which has the lowest number of cars stolen, 50 out of every 100,000 inhabitants are imprisoned. In fact, the places in the western world where crime rates are the highest include the United States, where 689 out of every 100,000 inhabitants are imprisoned. The United States even surpasses Russia, where that number is 673.

Contrary to the Conservatives' worn-out rhetoric about law and order and getting tough on crime, the numbers show that this does not work. Putting people in jail does not prevent crime. We put people in jail to punish them once they have already committed crimes. We have to get to the root of the problem and work on preventing crime.

The members of the Bloc Québécois do not like the idea of minimum penalties because we do not want judges' hands to be tied unnecessarily. In some cases, this can produce undesirable results because judges may be inclined to acquit a person rather than impose a penalty they consider unreasonable. If the application of this legislation results in people who would otherwise have been given less severe penalties being acquitted because judges cannot bring themselves to apply such draconian penalties, we will be no further ahead. How paradoxical that this bill should have come from the Conservative Party, because in the past, the Conservatives criticized political activism on the part of judges and accused them of making or amending legislation. They said this was the prerogative of elected representatives, that it was up to the House to vote on legislation, and that the judges had no business getting involved.

It is rather ironic to see the Conservatives denounce a so-called intrusion by judges in our work while, at the same time, they are proposing a bill that interferes in the work of judges. Personally, I believe it would be best to maintain the traditional division of power. We are here, as legislators, to enact legislation and determine the relative seriousness of offences. We must leave it up to the judges to impose the most appropriate penalties after taking into account any aggravating or mitigating factors that may come up in a given case. As legislators, we will never be able to incorporate that into a bill.

It is even more ironic that this bill would lower the maximum penalty for a first offence. As I was saying earlier, the current sentence is 10 years, but that would be decreased to five years in the case of a first offence. If, as legislators, we pass this legislation, it could be construed as belittling the seriousness of the offence, which seems rather illogical. That was probably not the intention of the sponsor of the bill, but there is a clear incongruity here.

Another problem arises from the fact that the $10,000 fine provided for in the bill would not have the same impact on everyone, depending on the offender's financial situation. Motor vehicle theft is often the work of organized groups. These groups are often very wealthy, and a $10,000 fine would not be a much of a problem, given the profits earned from the sale of stolen cars. However, for certain isolated young people who spontaneously commit a one-time indiscretion, this would be a very serious penalty. For these reasons, it seems to me that this bill completely misses the mark. The Conservative government and the Conservatives would be much wiser to leave the firearms registry alone, which would help prevent crime.

As we all know, throughout Quebec and Canada, crime prevention programs and subsidies are being cut by the government. That is where we must act, to prevent crime before it happens.

Criminal CodePrivate Members' Business

April 27th, 2007 / 1:40 p.m.


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Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Speaker, I am pleased to speak to Bill C-343, An Act to amend the Criminal Code (motor vehicle theft). It was introduced by the member for Regina—Qu'Appelle, who is also deputy chair of the committee of the whole.

The bill is meant to address the serious issue of automobile theft. While I appreciate my colleague's efforts in this area, I regret to say that the bill is a very imperfect way of trying to solve this problem. I want to raise a number of concerns that I think, should the bill reach committee, need to be considered as well.

As things stand now, the Criminal Code does have specific provisions to deal with the theft of motor vehicles. These offences would be covered by the general offence of theft as set out in section 322 of the Criminal Code. Punishments are laid out in section 334.

If the value of the stolen goods exceeds $5,000, the theft is an indictable offence punishable by a maximum of 10 years in prison. If the value of the goods is $5,000 or less, the offence may be prosecuted by way of a summary conviction or an indictable offence. In the first case, it is punishable with a maximum jail term of six months or a fine of $2,000 or both. In the latter case, the maximum penalty is two years of incarceration. In addition, if the circumstances surrounding the theft result in criminal negligence causing death, those convicted are subject to a penalty of life in prison, the most serious sentence in the Criminal Code.

There are also a series of offences in the Criminal Code that deal with related car theft offences. For instance, some offenders may at times decide to flee from law enforcement personnel in stolen vehicles, the member just gave an example, and drive perhaps recklessly to do so. If this occurs and there are no injuries as a result, the offender may be charged with the offence of flight from a peace officer and this offence carries a maximum term of five years of imprisonment. Should flight lead to death, as was the case just given, then the offender is criminally liable to a term of life imprisonment for this terrible crime.

Obviously, society does not accept this type of behaviour and available sentences for this crime reflect that strong message. Also related is Bill C-19 which was passed by Parliament some months ago. It received royal assent on December 14. It dealt with the issue of street racing, one with which our previous Liberal government had been dealing. In any case, Bill C-19 defined street racing and created a set of five specific offences to deal with this issue.

I will recognize that the theft of automobiles may sometimes be undertaken systematically by organized criminal organizations and I might say that in my time as solicitor general, I saw that issue up pretty close.

In this regard the Criminal Code holds a number of additional and useful tools that can apply when auto theft is committed for the benefit of, at the direction of, or in association with a criminal organization. These additional tools provide for the possibility of consecutive sentencing and reduced parole eligibility.

My point in referring to various sections of the Criminal Code is to show all Canadians that there are already existing and efficient mechanisms to deal with the issue of motor vehicle theft.

Let us now consider the effects of Bill C-343, were it to receive royal asset one day. The bill would add a new section to the Criminal Code, section 334.

On a general level, the bill affects the current motor vehicle theft regime in the following ways.

One, the bill brings in mandatory minimum sentences, be they fines or incarceration.

Two, the bill sets out what are referred to as escalator mandatory minimum penalties which establish increasingly harsher penalties for people who commit the crime time and time again.

Three, more specifically, an offender who was found guilty a third time of motor vehicle theft would automatically be incarcerated for a time period of 2 to 10 years.

Four, the bill erases the distinction given to the value of a vehicle that is stolen as an aggravating factor that would be taken into consideration in sentencing determination upon conviction.

Let us consider the specific sentencing provisions outlined in Bill C-343. Let us first examine the punishments established for summary convictions.

For a first offence prosecuted summarily, the minimum mandatory penalty is three months of incarceration and/or a fine of $1,000. The maximum penalty is a two year prison sentence. Should a second offence later take place and also be prosecuted summarily, the punishment is that of a six month jail term and/or a $5,000 fine. The maximum is also a two year sentence. As I stated previously, the value of the vehicle is of no consequence in these sentencing arrangements.

Should the criminal act be prosecuted by means of indictable offence, the minimum penalty upon conviction would be a three month jail term and/or a $1,000 fine. The maximum sentence would be a five year stay in prison. For a second offence prosecuted by way of an indictment, the penalty would be a six month incarceration and/or a $5,000 fine. The maximum sentence is a five year jail term. Here too, the value of the stolen vehicle has no effect on the sentence.

Finally, in the case of a third offence, the individual may only be prosecuted via indictment and cannot be prosecuted through a summary conviction. Its penalty is a minimum of two years in jail along with a $10,000 fine. Its maximum sentence is 10 years of jail time.

We do have to consider the issue of mandatory minimum penalties and their use.

The minority Conservative government seems to believe that mandatory minimum sentences and mandatory minimum penalties are the ultimate panacea to all crime committed in Canada. However, when they are used as a sweeping blunt instrument like in Bill C-343, they could lead to an immense increase in prison populations and a series of unintended consequences. For instance, the presence of mandatory minimum sentences often affect how a Crown attorney lays charges and conducts plea bargains. Has this been considered by the mover of the bill? I suspect not. It would no doubt have dire consequences for Canada's justice system.

As we on this side of the House know and appreciate, Canada uses mandatory minimum sentences with restraint, preferring an individualized sentencing approach that gives the court the discretion to fashion a sentence that is proportionate to the gravity of the offence and the conduct of the offender, considering also any aggravating or mitigating circumstances.

Given this, the broad and generalized use of mandatory minimum sentences in Bill C-343 would be contrary to the established Canadian sentencing principles such as proportionality and restraint in their use. The flexible approach, I believe, delivers quality justice and has the support of many Canadians. We should not disregard these facts.

It would seem that the bill's mover believes that any potential thief would be deterred from a criminal act when he or she realizes that a second or third offence, in this case of auto theft, would yield a certain prescribed penalty. That is not necessarily the case. I realize I am not--

Criminal CodePrivate Members' Business

April 27th, 2007 / 1:30 p.m.


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Conservative

Joy Smith Conservative Kildonan—St. Paul, MB

Mr. Speaker, I am pleased to rise today to express my support for Bill C-343, introduced by the hon. member for Regina—Qu'Appelle.

The government agrees that there is a pressing need to reduce the high rate of vehicles stolen every day in this country. This bill, by creating a distinct offence for motor vehicle theft, aims to do just that.

It is true that there are many offences in the Criminal Code that already address motor vehicle theft, such as theft, fraud, joyriding, possession of property obtained by crime, and flight from a peace officer. However, this bill will create a distinct offence, with penalties in the form of mandatory minimum sentences.

The sentence for a first offence will be a minimum fine of $1,000 or a minimum term of imprisonment of three months, or both. A second offence would result in a mandatory minimum fine of $5,000 or a minimum prison term of six months, or both. A third and subsequent offence would result in a minimum fine of $10,000 and a minimum term of imprisonment of two years, up to a maximum term of 10 years.

I am aware that not all members will agree on the penalty that a distinct Criminal Code offence for motor vehicle theft should have. However, I am certain that most members can agree on the utility of creating such an offence. Accordingly, the bill should be sent to the appropriate committee for review on its merits, including the proposed penalties.

I would like to note that the idea of a distinct offence for motor vehicle theft was supported by the hon. member for Winnipeg Centre on March 20, 2007, when he introduced Motion No. 295 calling for, among other things, an amendment to the Criminal Code to include auto theft as a distinct, stand-alone offence. Clearly this is an issue that cuts across party lines and is one that most members of the House can support.

Winnipeg holds the dubious distinction of being the car theft capital of Canada. For example, in Winnipeg, the auto theft rate in 2005 was 1,712 thefts per 100,000 population, whereas in Toronto there were 306 thefts reported per 100,000 population.

It is clear that the rate of auto theft in Canada is simply unacceptable. In 2001, the per capita rate of auto theft was 26% higher in Canada than it was in the United States. In the 1999 international crime victimization survey, Canada ranked fifth highest for a risk of car theft, with 1.6% of the population being a victim of car theft. Overall since 2001, the auto theft rate has remained roughly the same.

While in recent years auto theft rates have held steady at unacceptably high rates, the number of stolen vehicles that are recovered has been on the decline. It used to be that over 90% of stolen cars were recovered. Today, that rate has fallen to 70% nationwide, with recovery rates varying by city. In large cities in Ontario, Quebec and Nova Scotia, organized crime groups are believed to be more active in thefts, thanks in part to readily accessible ports that allow cars to be shipped out of the country quickly and with relative ease.

Out of the approximately 170,000 automobiles stolen every year, police and insurance experts estimate that about 20,000 of these cars are shipped abroad to destinations such as Eastern Europe, West Africa, the Middle East and Latin America.

Stealing and reselling a vehicle is an extremely lucrative way for organized criminals to make money.

Let us take, for example, the scenario when a new luxury SUV is stolen. It is valued at $65,000 on the lot. It would cost an organized criminal around $1,000 to pay a youth to steal the car and approximately $1,500 to have the car “re-VINned” if it is being sold in Canada, or if it is exported to another jurisdiction, around $3,000 for shipping and handling. The automobile would likely be sold for around $45,000, resulting in a profit of nearly $40,000 per car.

Clearly the rewards for motor vehicle theft are enormous. There is a great incentive for young future career criminals to get involved in motor vehicle theft rings.

The involvement of youth in motor vehicle theft is a serious problem. Almost 40% of those charged with stealing motor vehicles are between the ages of 12 and 17 years. While vehicles are often stolen by youth for joyriding, it is also frequently the case that youth are enticed by organized criminals to steal an automobile and deliver it to a predetermined location all for a set fee. This involvement in organized crime unfortunately often has the effect of cementing criminal behaviour in young offenders. This influence on Canada's at risk youth is another tragic aspect of motor vehicle theft.

Not all of the news is bad though. Advances in technology, such as alarm systems, steering wheel locks, and GPS tracking units are making it harder to steal motor vehicles. However, as technology advances so do the skills that professional car thieves use to defeat these technologies.

So while the smash and grab method employed by most joy riders will no longer work on newer cars outfitted with sophisticated anti-theft devices, the new career car thief will ultimately find ways to outfox these devices.

It has already been mentioned that auto theft costs Canadians more than a billion dollars a year in insurance costs, medical costs, legal costs, police costs, and costs to the victims, such as insurance deductibles.

However, what about the costs that are impossible to calculate? I am referring to the human toll that motor vehicle theft has on our society. All too often when a car is stolen, the offender will drive erratically or at a high speed and not always because of police pursuit. Each year motor vehicle theft results in over 30 deaths and over 50 people being seriously injured a year in Canada.

Recently, a 10 year old girl in Regina was killed after a driver of a stolen pickup truck smashed into the minivan she was travelling in while he was attempting to escape the police.

As a society we do not tolerate impaired driving and our laws should treat this type of dangerous driving with the same seriousness. It is time that we reaffirm our commitment to making Canada's roads and highways safer.

I am proud that the government is taking a number of measures to tackle crime in Canada. We have introduced a number of pieces of legislation that deal with serious criminal offences.

Bill C-10 was introduced to ensure that criminals who use guns in the commission of an offence or if an offence is gang related receive a very serious sentence with escalating mandatory minimum penalties for first and subsequent offences.

As well, the government also introduced Bill C-35 which seeks to protect the public from gun crime by amending the bail provisions in the Criminal Code. The proposed amendments would reverse the onus to the accused to prove why he or she should not be denied bail when the accused is charged with a serious offence committed with a firearm or charged with smuggling or trafficking firearms.

The government is serious about making our roads and highways safer. We introduced Bill C-19 which created five new offences to combat street racing. It also gets these dangerous drivers off the road by providing mandatory minimum periods of driving prohibition. I am pleased that this bill received royal assent on December 14, 2006.

Another step the government has taken to make our roads and highways safe is with Bill C-32 which aims to significantly increase fines and minimum jail terms for driving while impaired. This bill tackles driving while under the influence of both alcohol and drugs. Although it is already a crime to drive while impaired by drugs, currently police officers have to rely on symptoms of impairment to driving behaviour for an impaired driving investigation. There is no authority in the Criminal Code to demand physical sobriety tests or bodily fluid samples.

Bill C-32 would authorize the police to demand roadside testing and a drug recognition expert evaluation at the police station, and if this evaluation shows impairment, the police will be authorized to demand a sample of bodily fluid to identify that the impairment was caused by an illegal drug. Refusal to comply with these demands would be a criminal offence punishable by the same penalties for refusing to submit to an alcohol breath test.

The government is also committed to crime prevention. The 2007 budget allocates $64 million over two years to establish a national anti-drug strategy to crack down on gangs, grow ops and meth labs, prevent elicit drug use and illicit drug dependency. As well, the government has set aside $14 million over two years to combat the criminal use of firearms.

The hon. member for Regina—Qu'Appelle has brought forward a very important issue for the House to consider. I urge all hon. members to vote to send this bill to committee for further review.

The House resumed from February 27 consideration of the motion that Bill C-343, An Act to amend the Criminal Code (motor vehicle theft), be read the second time and referred to a committee.

Criminal CodePrivate Members' Business

February 27th, 2007 / 7:20 p.m.


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Bloc

Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC

Mr. Speaker, I am happy to take part in the debate on Bill C-343, An Act to amend the Criminal Code (motor vehicle theft).

I can say right off the bat that the Bloc Québécois will vote against this bill. I will use the few minutes I have to try to explain the position of the Bloc.

Right now, in the Criminal Code, car theft is treated as any other theft, that is as a crime against property punishable by different penalties according to the value of the stolen goods. When an individual steal a motor vehicle whose value exceeds $5,000, the offence is punishable by a maximum prison term of 10 years. If the value of the vehicle is less than $5,000, the offence is punishable by a maximum of two years of imprisonment. Light sentences are usually imposed on car thieves and repeat offender rate is high. That is the reality.

Some people would have us believe that minimum sentences and minimum fines could solve the problem of theft. My colleagues from the Conservative Party are mistaken. The repressive system they have in the United States does not reduce the number of offences that are committed. Quite the contrary, the crime rate is higher in the U.S. Reality is very quickly catching up with them.

We need to have faith. We did not create our justice system. What we are trying to do here in this House is make the system better. It was our fathers, grandfathers and great-grandfathers who created the system.

The justice system they created called for punishment that fit the crime. The justice system has a certain balance. Our parents and grandparents and their parents before them chose the very values and foundation of our society. It is a societal choice that was left to us by our ancestors.

Today, because the government is not happy with how the courts make certain decisions—often because they have been highly publicized—it wants to reform the entire legal system. That is what the Conservative Party wants to do: replace judges with minimum sentences. This is just the opposite of what our ancestors wanted.

In Quebec, the people who came before us did not bequeath this type of legal system to us. They left us a system based on equity and the judiciary. We trust in our judges to impose punishments that fit the crime.

The bill does not address certain dichotomies. As I explained earlier, the maximum punishment for thefts of vehicles worth $5,000 or more is 10 years in prison. The bill seeks to reduce the maximum prison term to five years. It sets minimum sentences and reduces maximum sentences.

It is important to understand that the society that was bequeathed to us wants balance, with a justice system based on the judiciary. We have to leave it up to the judges to hand down decisions. There are precedents. There are people who came before us. A whole framework has been put in place. The members of the judiciary do their job very well. We can discuss and argue about court decisions, but every case is unique. It is impossible to make all criminals fit the same mould.

The bill imposes minimum fines of $1,000 for a first offence and $5,000 for a second offence. Usually, people who steal cars do it because they do not have enough money to buy one. Even if we include minimum fines, car thieves who do not have the means to buy a car will not have the means to pay the minimum fine. They will face community work, fine option programs and prison sentences because they do not want to pay. We will have to put them in prison. The prison population will increase.

The law and order policy the Conservative Party is trying to sell us on makes no sense. It makes no sense when you think of the huge amounts of money that will be spent on the penal system. That is what will really happen if the Conservative Party brings this in.

What I just mentioned is only one example. A simplistic bill has been tabled to say that too many motor vehicles have been stolen. Regardless of the punishment associated with auto theft, if there are cars to be stolen and if people can make money selling car parts, there will always be criminals willing to do it. Mandatory sentences will not put the brakes on this system.

We have to be able to supervise people. Rather than focussing on punitive measures, we need a rehabilitation system. We need tools to take care of young people because these are juvenile delinquents who hate society for all kinds of reasons and who will do anything to stand out. They often get involved in bad stuff like auto theft.

We have to try to identify these people and invest in rehabilitation, in people who work with juvenile delinquents, in street workers. We have to try to stop young people from getting involved in criminal activities. That will definitely not happen by increasing sentences.

The Bloc Québécois has never changed its position on this issue. Every time the government tries to impose minimum sentences, it interferes with the judiciary and judges' decisions.

It comes as no surprise that the Conservative Party, given what it is doing with the judiciary, given that it sees that these minimum sentencing bills—