Bill C-9 (Historical)

An Act to amend the Criminal Code (conditional sentence of imprisonment)

This enactment amends section 742.1 of the Criminal Code to provide that a person convicted of a serious personal injury offence as defined in section 752 of that Act, a terrorism offence or a criminal organization offence prosecuted by way of indictment for which the maximum term of imprisonment is ten years or more is not eligible for a conditional sentence.

[The Deputy Speaker, Bill Blaikie]

I have the honour to inform the House that a communication has been received as follows:

Rideau Hall

Ottawa

May 31, 2007

Mr. Speaker:

I have the honour to inform you that the Right Honourable Michaëlle Jean, Governor General of Canada, signified royal assent by written declaration to the bills listed in the Schedule to this letter on the 31st day of May, 2007, at 9:05 a.m.

Sheila-Marie Cook

The Secretary to the Governor General and Herald Chancellor

The schedule indicates the bills assented to were Bill C-9, An Act to amend the Criminal Code (conditional sentence of imprisonment)—Chapter 12, Bill C-48, An Act to amend the Criminal Code in order to implement the United Nations Convention against Corruption—Chapter 13 and Bill C-252, An Act to amend the Divorce Act (access for spouse who is terminally ill or in critical condition)—Chapter 14.

Criminal Code

[Larry Bagnell, Liberal, Yukon, YT]

Mr. Speaker, we have been debating this bill all morning and one of the items that has not come up is the over-incarceration of certain minority groups in the country. That is not being dealt with at all by the government's plan to deal with criminal justice. I am just wondering if the member thinks that this particular bill, as well as Bill C-9, would just exacerbate that problem.

In particular, in relation to aboriginal people under the principles of sentencing in the Criminal Code, there is actually a section that allows judges to take into account the specific situation of aboriginal people and the conditions related to the crime.

By removing their ability to make decisions in that area now with a mandatory minimum, it could almost be declared unconstitutional. Certainly, if it is not legally unconstitutional, it is at least against the spirit of that part of the Criminal Code which would allow a judge to look at the situation that aboriginal people were in.

Does the member think this also frustrates and exacerbates this problem that is in society, as opposed to helping to improve it?

[Réal Ménard, Bloc, Hochelaga, QC]

Mr. Speaker, it is my pleasure to speak to Bill C-10 concerning offences involving firearms. This bill is a follow-up to Bill C-9, concerning reduced access to conditional sentences.

I would like to make it clear that the Bloc Québécois is concerned about and condemns all offences involving firearms. Everybody understands that offences involving firearms are serious, and that is why, since 1997, the Bloc Québécois has been steadfast in its demands for a mandatory gun registry, a public registry that police officers consult 6,500 times a day. We believe it is inconsistent to seek to implement a mandatory minimum sentencing strategy for offences involving firearms while attacking the very existence of a gun registry, which is a true public safety tool, as I will demonstrate.

Bill C-10 imposes mandatory minimum sentences. Right off the top, there is a problem with that because when it comes to sentencing, when a court must sentence an individual, the first consideration must be individualization. The judge must consider all of the factors that shape the context of the offence. That is the first consideration.

It is certainly true that the Department of Justice—not the Bloc Québécois, not the NDP, not the Liberals—awarded contracts to carry out studies. It asked professionals, in this case criminologists, to carry out studies. They looked at the experience of countries that had adopted mandatory minimum penalties, in particular for crimes committed with a firearm, to see if that had any deterrent effect. After all, that is the goal. There are certainly some maximum penalties in the Criminal Code. Those penalties must be severe when one is dealing with crimes committed with a firearm because the potential for destruction is extremely high and very real. Usually, we put our trust in the judge and we can say that a judge or a magistrate, whether in a trial court or an appeal court, should be able to give proper weight to the facts and circumstances and determine the appropriate sentence.

Every time there is a mandatory minimum penalty, there is cause for concern. I recall that the Department of Justice called on one of the most renowned criminologists, Professor Julian Roberts, of the University of Ottawa, who testified before the Standing Committee on Justice during the review of Bill C-9 and Bill C-10. What did that criminologist say about a study carried out in 1977 by the Department of Justice? He concluded that mandatory prison sentences had been introduced by many western countries, among them, Australia, New Zealand and others. He emphasized that the studies that reviewed the impact of those laws showed variable results in terms of the prison population and no discernable effect on the crime rate.

Julian Roberts, who was asked to review all the existing studies on this subject, concluded that, in the case of mandatory minimum sentences, in those countries where there are mandatory minimum sentences no positive or negative effect on the crime rate can be seen.

When the Minister of Justice appeared before the committee, he was unable to table any scientific evidence to contradict those words.

The bill provides that, for some 20 offences—of which the most serious are attempted murder, discharge of a firearm with intent, sexual assault, aggravated sexual assault, kidnapping, hostage taking, robbery and extortion—where there is a minimum sentence of three years, a minimum sentence of five years should be imposed and that where a five-year minimum sentence is now provided, a sentence of seven years should be imposed.

Initially—and this was defeated in committee—there were even offences for which, in the case of a second offence, the minimum sentence could be up to 10 years. I emphasize that minimum sentences remove any kind of discretionary power a judge may have to consider the circumstances and evaluate the factors related to the incident. That is extremely prejudicial to the administration of justice.

Why should we not worry about a government that says it wants to get tough on criminals? Committing an offence with a firearm is certainly reprehensible, and we are not being complacent about that. We recognize that there may be cases where the judge will impose a 10 year sentence. There may even be cases, for example if there was an attempted murder or a homicide, where the sentence could be as much as 25 years. It is quite acceptable to have such sentences. But it is never acceptable to rely on an automatic process and to remove the judge's discretion in assessing the events which led to the offence.

Let us take a look at societies. If imprisonment through mandatory minimum sentences really were useful in making societies more secure, reliance on such penalties would necessarily have a visible positive effect. The United States would be a model society. The incarceration rate is 10 times higher in the United States than in Canada. Mandatory minimum sentences are used much more in the United States than in Canada. I have some statistics that show that following the American model with more imprisonment, for longer periods, is a bad strategy. Here are some of the statistics: three times more homicides are committed in the United States than in Canada. Fewer violent crimes are committed in Quebec than anywhere else in Canada.

Look at the Conservatives and their legal activism. They have introduced about 10 bills. When they are good, we support them. For example, we supported the bill on street racing. We supported the bill on DNA data banks. In the 1990s, it was the Bloc Québécois that applied pressure, especially my former colleague from Berthier, Mr. Justice Michel Bellehumeur, who was appointed to the bench because of his merits. Mr. Justice Michel Bellehumeur campaigned, with my support, to create a new law to deal with a new phenomenon: organized crime and criminal motorcycle gangs. There were 35 of them in Canada around 1995. I well remember the former justice minister Allan Rock—who became Canada’s ambassador to the United Nations but has been recalled since, if I am correctly informed—who was kind enough to let me meet some senior public servants. He attended the meeting as well. At the time, criminal biker gangs were fighting among themselves for control of the narcotics trade in our big cities, including Montreal. I well remember discussing this with senior public servants, who felt we could break up organized crime using just the existing conspiracy provisions in the Criminal Code.

I was convinced, as were Michel Bellehumeur and all the hon. Bloc members then, that a new offence was needed. At the Bloc’s initiative and thanks to its resolute leadership—the government and public service did not really see things this way at the time—some new offences were created, such as working on behalf of an organized gang. At the time, we had the three-fives theory: if five people committed five offences for a gang over the previous five years, they would be charged with a new offence established by Bill C-95. However, the police told us that this was not working and we had to go from five to three. This amendment was taken up by the government in Bill C-24.

All of this is to say that the Bloc Québécois is not soft on crime. When we need to clamp down and ensure that our toughest criminals are behind bars, we are ready to do so. We have always brought forward very positive proposals. In just a few days, the Bloc Québécois is going to announce its proposals for improving the criminal justice system. That is our responsibility as parliamentarians and as a party with seats in the House of Commons.

It is extremely contradictory—and I am sure this has not escaped my colleagues—to repeatedly introduce bills to toughen sentences and yet not attack the root of the problem, which is granting early parole to some offenders. We in the Bloc Québécois will have an opportunity to express our views on this in the near future. But I am certain that all my caucus colleagues would agree that the government should have tackled the parole system in January, when this Parliament began. That would have been a wiser course of action.

Moreover, a parliamentary committee had expressed concern about a number of provisions that could raise concerns among members of the public. My colleague Pierrette Venne was sitting on the committee at the time. Instead, the government chose an approach that implied that Canadian communities are safer when mandatory minimum sentences are in place, even though scientific literature does not support this view. Few witnesses aside from the police testified before the committee that our communities would be safer if we had mandatory minimum sentences.

I would like to quote an eminent criminologist, André Normandeau, who has researched and written extensively about the concept of neighbourhood or community policing, which has become a reality. I do not know whether community policing exists in English Canada, but it has become commonplace in Quebec. I will quote him directly so as not to be accused of misrepresenting what he said.

André Normandeau, a criminologist at the Université de Montréal, said:

Minimum sentencing encourages defence lawyers to negotiate plea bargains for their clients in exchange for charges that do not require minimum sentencing.

This shows the perverse effect of plea bargaining between defence lawyers and lawyers for the crown to drop charges that carry mandatory minimum sentences for charges that do not. Mr. Normandeau added:

Minimum sentencing can also force a judge to acquit an individual rather than be obliged to sentence that individual to a penalty the judge considers excessive under the circumstances, for cases in which an appropriate penalty would be a conditional sentence, community service or a few weeks in jail.

It was evidence like that that prompted all my predecessors, be it Richard Marceau, the former member for Charlesbourg—Haute-Saint-Charles, or all my predecessors in the Bloc Québécois, to consistently say the same thing. My position in this matter is not original.

I am part of the long tradition in the Bloc Québécois. Every time we have mandatory minimum sentences and someone is trying to cut into judges' discretion to impose the sentence they consider appropriate, we think that it is not going to be in the interests of the administration of justice.

Some witnesses even took this line of reasoning farther, and gave us an example that much ink was spilled over at the time, and that got a lot of media coverage: the Latimer case. I do not know whether our colleagues will remember the Latimer case. He was a father in western Canada who helped his daughter to put an end to her horrific suffering. It was a case of assisted suicide. However, assisted suicide was not recognized as such by the court, and he was found guilty of homicide.

Consider what the witnesses told us in committee. To demonstrate the rigidity of mandatory minimum sentences, we can cite the case of Robert Latimer, the father who killed his severely disabled 12-year-old daughter. He killed her—and we have to remember this—out of compassion. This man was convicted of second-degree murder. In the Criminal Code, second-degree murder is an automatic sentence, so the judge was automatically forced to sentence him to 25 years in prison, when the jury—because this was a jury trial—wanted a much more lenient sentence.

These are some examples, and I know that if my colleague from Marc-Aurèle-Fortin has an opportunity to speak today he will also point out flaws in Bill C-10 and the extremely pernicious and perverse nature of mandatory minimum sentences. This does not mean that we are lenient when we have to deal harshly with crimes that are committed with a firearm.

I said earlier that the Bloc Québécois would have been extremely happy if, when we began our examination, we had been able to discuss the entire question of parole. That is quite unfortunate. I do not know whether the expression "dishonest" is parliamentary, but I will use it. What is dishonest in the Conservatives' discourse is that it suggests, when we look at what is in their legislative arsenal and the nine bills that have been introduced, that we are living in a society where violence is getting worse, where crime rates are on the rise, a society that is therefore much more disturbing than the one we lived in 10, 15 or 20 years ago.

Statistics show a completely different reality. That does not mean that we must avoid imposing sentences or controlling some individuals. We can all easily understand that imprisonment is the appropriate solution in certain cases. That is obvious. However, let us look a little more closely at the statistics. In the recent past, from 1992 to 2004, the number of violent crimes has been decreasing in Canada. When I say violent crimes, I mean homicide, attempted murder, assault, sexual assault, kidnapping and robbery. There were 1,084 of those crimes per 100,000 inhabitants.

At the beginning of the period, there were 1,084 of those crimes per 100,000 inhabitants. In 2004, that number had fallen to 946 per 100,000 inhabitants. In fact, Quebec, with 725 violent crimes per 100,000 inhabitants is the place with the fewest violent crimes. The number of homicides also diminished. In short, in general terms, the Conservative logic does not stand statistical analysis.

In concluding, I will say that we are taking all crimes involving firearms very seriously. We remain convinced that the best way to counter such crime is obviously a public firearm registry with compulsory registration. We know that the present registry is consulted 6,500 times daily by police forces across Canada.

We do not believe in the reasoning behind mandatory minimum sentences and that is why we cannot support Bill C-10.

Business of the House

[Peter Van Loan, Conservative, York—Simcoe, ON]

I would not do that.

Tomorrow is an allotted day.

Next week is constituent consultation week, when the House will be adjourned to allow members to return to their ridings and meet with constituents to share with them the activities of Parliament since the last constituency break.

For the interest of members, I will quickly review our plan for the context of our overall legislative agenda.

As he requested, this is currently strengthening the economy week, where a number of financial bills moved forward. The budget bill was sent to committee and, hopefully, it will be reported back tomorrow, or soon, so we can deal with it at third reading when the House returns after the break.

Bill C-40, an act to amend the Excise Tax Act, was read a third time and sent to the Senate. Bill C-53, an act to implement the convention on the settlement of investment disputes, Bill C-33, the sales tax bill and Bill C-47, the Olympics symbol bill were all sent to committee and we all would like to see those back in the House for report stage and third reading.

In an earlier week, Bill C-36, the bill that makes changes to the Canada pension plan and the Old Age Security Act, was made into law after receiving royal assent.

Strengthening accountability through democratic reform week was a success with the consideration of Bill C-43, Senate consultation. We had three new democratic reform bills introduced that week: Bill C-55, to expand voting opportunities; Bill C-56, an act to amend the Constitution Act, democratic representation; and Bill C-54, a bill that would bring accountability with respect to loans. We hope to continue debate on that particular bill later today.

Bill C-16, fixed dates for elections, was given royal assent and is now law, which I think is the cause of the commotion now in all the committees where Liberals are using procedural tactics. Now they feel they can do it with a free hand.

Two other democratic reform bills are in the Senate, Bill C-31, voter integrity, and Bill S-4, Senate tenure. I really would like to have the term limits bill from the Senate for an upcoming democratic reform week if the opposition House leader can persuade his colleagues in the Senate to finally deal with that bill after 352 days. We may get 352 seconds in a filibuster, but they have had 352 days so far. They have been stalling for a year.

During the consultation week, I will be interested in hearing what our constituents think of the plight of Bill S-4 and the irony of those unaccountable senators delaying it.

We dedicated a good deal of our time focusing on making our streets and communities safer by cracking down on crime. Now that we have had the help of the NDP, we restored the meaningful aspects that the Liberals gutted in committee to Bill C-10, the bill to introduce mandatory penalties for violent and gun crimes. We are continuing to debate that bill today at third reading.

Bill C-48, the bill dealing with the United Nations convention on corruption, was adopted at all stages.

Bill C-26, the bill to amend the Criminal Code with respect to interest rates, was given royal assent.

Bill C-22, the age of protection, was given final reading and sent to the Senate, although it did spend close to, if not in excess of, 200 days in committee where the Liberals were obstructing and delaying its passage.

We made progress on Bill C-27, the dangerous offenders legislation. We would like to see that back in the House.

Bill C-9, An Act to amend the Criminal Code (conditional sentence of imprisonment) and a host of other justice bills are working their way through the system.

Members can advise their constituents that when we return, we will be reviving two themes, back by popular demand. Beginning May 28, we will begin again with strengthening accountability through democratic reform with: Bill C-54, political loans; Bill C-55, additional opportunities for voting; and Bill C-56, democratic representation.

Up next is a second go-round on strengthening the economy week with Bill C-52, the budget implementation bill, which will be called as soon as it is reported back from committee.

In the near future, we will have the improvement of aboriginal people quality of life week with Bill C-44. This bill will grant first nations residing on Indian reserves access to the Canadian charter of human rights. They have been denied this right for 30 years. Unfortunately, Bill C-44 is being delayed by the opposition. This is another bill being delayed by the opposition in committee.

After Bill C-44, I intend to debate Bill C-51. The agreement establishes the use and ownership of land and resources and will foster economic development. This bill illustrates Canada's commitment to the North and to settling land claims.

I wish all members a productive constituent consultation week and look forward to more progress on the government's legislative agenda when the House returns on May 28.

Criminal Code

[Derek Lee, Liberal, Scarborough—Rouge River, ON]

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

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

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

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

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

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

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

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

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

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

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

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

[Rob Nicholson, Conservative, Minister of Justice and Attorney General of Canada]

moved that Bill C-10, An Act to amend the Criminal Code (minimum penalties for offences involving firearms) and to make a consequential amendment to another Act, be read the third time and passed.

Mr. Speaker, I am pleased to rise today to lead off the third reading debate on Bill C-10.

During the last federal election, the Conservative Party of Canada laid out clear plans to make our streets and communities safer for Canadians. We promised to target criminal enterprise and the gangs that profit from violence, drugs and fear and undermine people's sense of personal security and their confidence in the Canadian criminal justice system.

Canadians listened to our message of hope and responded by granting us the privilege of forming the government, so today I am very proud to stand in the House as Minister of Justice to follow through on our promises to deliver on our core promises to tackle crime.

In order to make our communities safer, we introduced several criminal justice bills aimed at getting violent, dangerous criminals off our streets.

We introduced Bill C-22, the age of protection bill, to protect 14 year olds and 15 year olds from adult sexual predators.

We introduced Bill C-27 to improve the process for keeping violent and repeat offenders in prison, and Bill C-9, which aims to put an end to house arrest for serious and violent offenders and which, I am pleased to say, has passed this House.

These are just a few of our recent initiatives.

Bill C-10, the bill that we have before us at third reading, is an important piece of legislation that specifically targets gun and gang violence.

I am very pleased that we have received the support of a majority of members of the House to restore the bill, and while the bill we debate today is amended somewhat from its original form, it still contains tough mandatory minimum penalties for serious offences involving firearms.

More specifically, Bill C-10, as amended, proposes escalating penalties of five years' imprisonment on a first offence and seven years on a second or subsequent offence for eight specific serious offences involving the actual use of firearms. Those offences are: attempted murder, discharging a firearm with intent to injure a person or prevent arrest, sexual assault with a weapon, aggravated sexual assault, kidnapping, hostage taking, robbery, and extortion.

I should point out that these tough penalties will apply when the offence is committed in connection with a criminal gang or if a restricted or prohibited firearm is used.

Who can be against that? Who can be against those provisions? This is what we talked about with the Canadian public in the last election and I believe there is widespread support for a bill of this nature.

Bill C-10 defines what will constitute a prior conviction with respect to these use offences, that is, the use of firearms. This means that any prior conviction in the last 10 years, excluding the time spent in custody, for using a firearm in the commission of an offence will count as a prior conviction and will trigger the enhanced mandatory penalty for repeat offences.

Also, I should point out that Bill C-10 now proposes penalties of three years on a first offence and five years on a second or subsequent offence for four serious offences that do not involve the actual use of a firearm. Those offences are: illegal possession of a restricted or prohibited firearm with ammunition, firearm trafficking, possession for the purpose of firearm trafficking, and firearm smuggling.

For the non-use offences it is important to note that the prior convictions for both the use offences and the non-use offences will trigger the higher mandatory minimum penalties applicable in repeat offences.

The bill, as amended, also creates two new offences dealing specifically with the theft of firearms. Breaking and entering to steal a firearm and robbery to steal a firearm now are made indictable-only offences, subject to life imprisonment.

Therefore, as we can see, this bill targets serious gun crimes with a particular focus on when such crimes are committed by criminal organizations, which of course includes gangs.

It sends a very clear message to the public that this Conservative government is serious about dealing with this type of crime. I am very pleased and proud that we are introducing this piece of legislation and seeing it through to its conclusion.

I should point out the manner in which Bill C-10 was amended at report stage is an example of this government's willingness to make this minority Parliament work. Together with members of the New Democratic Party we dealt with a problem and we found a solution that responded to our respective concerns and priorities. I am pleased that we had their support and that of several other hon. members of this House.

I saw, I believe, about five members of the Liberal Party who broke ranks with their own party. I want to tell the House how much I welcomed that and certainly appreciated their support. I think they received the message on this. I am very pleased to have that support at third reading. I would welcome more support from other members of the opposition.

I should point out that Bill C-10 has the support of other important stakeholders as well. Police officers and prosecutors are supportive of this government's attempt to pass this tough on crime legislation. They have said that tougher mandatory penalties are needed to target the specific new trend that has emerged in many Canadian communities, and that is the possession and use of firearms, usually handguns, by street gangs and drug traffickers.

In that regard, I point out the support that this approach received from the attorney general of Ontario. He pointed out in a Globe and Mail article on March 6 that he liked this approach of getting tougher. He called on his federal colleagues in the Liberal Party to get behind legislation of this type because he believed this was the way to go.

Mr. Speaker, the safety and security of Canadians are not partisan matters. If we want to see progress in tackling gun crime, we will all have to do our part.

Police officers have to do their part in investigating and apprehending those who commit crimes. Crown attorneys have to do their part in ensuring that accused persons are effectively prosecuted, and of course, judges have their part to do in imposing sentences.

As parliamentarians we have a strong role to play as well. We set the laws. We signal to the courts what we consider to be appropriate penalties for specific crimes.

There are a number of opposition members who say they cannot support Bill C-10, but many of these same members have already supported mandatory penalties in the past, and particularly for firearms offences. In fact, it was the Liberal government that introduced a number of mandatory penalties in the mid-nineties and proposed a very modest increase to some of the gun-related crimes in the last Parliament.

This government does not believe a one year increase is going to make enough of a difference. We want to send a clearer message. We need to ensure that the appropriate stiff penalties are imposed on gun traffickers and gang members who use guns in such serious offences as attempted murder, hostage taking, robbery and extortion.

We believe that the proposals in Bill C-10, as amended, are both tough and reasonable. As I have already indicated, the proposals are restricted to the key areas that are a growing concern to people across this country.

There certainly is evidence to support the problems associated with the current level of gun crime. Crime statistics, police, and several other experts in this area, point to a growing problem with respect to guns and gangs. While the national trends show an overall decrease in some crime over the past few decades, it is not the case with violent crimes such as homicide, attempted murder, assault with weapons, and robbery, especially in larger urban areas across the country.

Statistics also show that while crimes committed with non-restricted guns are down, handguns and other restricted or prohibited firearms have become the weapon of choice for those who use firearms to commit crimes.

Toronto's rate of firearm homicides in recent years has frequently been reported by the press. Statistics Canada data shows that it is not just a problem unique to central Canada. The rate in Edmonton has also recently increased and Vancouver has consistently had higher rates over the last decade.

Gang-related homicides and the proportion of handguns used in violent crimes have become a major cause for concern and gun crime with restricted weapons or guns used by gang member is an increasing problem in urban communities.

Organized criminals are fuelling much of the crime problem and the government's justice agenda aims to curtail this problem by increasing the mandatory minimum penalties for crimes committed with guns, ending house arrest for those convicted of serious violent crimes and sexual offences, and other significant crime, such as major drug offences.

As I mentioned earlier, Bill C-10 includes a number of sentences for both use and non-use firearms offences with the stiffest penalties. The bill targets serious gun crimes committed by gangs or organized crime and the prohibitive weapons that they use.

In addition to this legislation, the federal government of course has a role to play in making funds available to help prevent crime before it happens. I am happy that the government has made investments in crime prevention and specifically to help at risk youth from becoming involved in criminal gangs, guns and drugs.

Funding is available to allow communities to examine issues surrounding gang involvement, create awareness of youth gang recruitment, prevention and intervention strategies, identify service gaps and best practices, and develop program responses.

Several activities have already started to fulfill the government's commitment to work with the provinces and territories to help communities provide hope and opportunity for our youth and end the cycle of violence that can lead to broken communities and broken lives.

I would like to speak for a moment on how the bill is consistent with the sentencing principles provided in the Criminal Code and charter rights. The Criminal Code provides that it is a fundamental principle of the Canadian sentencing regime that a sentence should be proportionate to the gravity of the offence and the degree of responsibility of the offender.

It also provides that the purpose of sentencing is to impose sanctions on offenders that are just, in order to contribute respect for the law and the maintenance of a just, peaceful and safe society.

Accordingly, the objectives in sentencing are to denounce unlawful contact, deter the offender and others from committing offences, and separate offenders from society where necessary, as well as assist them in rehabilitating and accepting responsibility for their actions while repairing the harm they have caused to victims and their community.

The manner in which the higher mandatory penalties will apply under Bill C-10 is intended to ensure that they do not result in disproportionate sentences contrary to the charter. The higher levels of seven years for using a firearm and five years for non-use offences are reserved for repeat firearms offenders.

If an offender has a relevant recent history of committing firearms offences, it is not unreasonable to ensure that the specific sentencing goals of deterrence, denunciation and separation of serious offenders from society are given priority by the sentencing court.

The government considers that the mandatory penalties proposed in Bill C-10 are not only just but are also appropriately targeted at the specific problem which they seek to address; that is the new trend that has developed with respect to guns and gangs.

At the beginning of my remarks I mentioned that the government is determined to make Canadian streets safer, communities safer and to stand up for victims. The good news on this front is that we are only just getting started.

Justice

[Rob Nicholson, Conservative, Minister of Justice and Attorney General of Canada]

Mr. Speaker, I thank the hon. member for his continuous efforts to fight crime in this country.

As Attorney General, I do not comment specifically on a case, but I want the House to know that this government is absolutely committed to the best interests and protection of children. That is why we introduced Bill C-22, the age of protection legislation, to protect 14 and 15 year olds from sexual predators. That is why we have introduced Bill C-27, to improve the process by which violent and repeat offenders will be kept in prison. That is why we introduced Bill C-9, to ensure that violent and serious offenders do not get house arrest.

We are absolutely committed to the best interests of children, victims, reducing crime in this country and—

Public Safety

[Rob Moore, Conservative, Fundy Royal, NB]

Mr. Speaker, Canada's Conservative government is committed to making our communities a safer place to live. We are delivering on this promise by bringing forward bills that strengthen our laws and crack down on crime.

We have presented Bill C-10 to impose tough minimum penalties for offences involving firearms, Bill C-22 to raise the age of protection and ensure the safety of young Canadians, Bill C-9 to restrict conditional sentences and guarantee that serious offenders are not eligible for house arrest, and Bill C-27 to crack down on the most dangerous offenders in Canada.

However, we have not had the support of the official opposition party that does not seem to think that public safety is an important issue. The Liberals have even gutted some of our bills at the committee stage and prevented Canadians from benefiting from their protection.

When will the official opposition finally make the safety of Canadians a priority and stop blocking this government's justice legislation?

Motions in Amendment

[Réal Ménard, Bloc, Hochelaga, QC]

Mr. Speaker, that is an excellent question. I congratulate my colleague who also worked on Bills C-9 and C-10, because there are links to be made between the two.

It is true that the government has not been able to provide convincing and conclusive data. I believe that is what my colleague is getting at with his question. It is the role of parliamentarians to make decisions based on convincing and conclusive data. Naturally, we must be wary when we are told that statistics, witnesses and rigour are not necessary. However, that does not mean that our desire to back up our claims with scientific studies cannot be reconciled with raw instinct and pure common sense.

It is true that our fellow citizens are worried about offences committed with firearms. It is true that at this time there are street gangs in the major urban centres of Montreal, Toronto and Vancouver. But there are ways of effectively dealing with street gangs, firearms, and the flow of firearms. We can never say it enough times. It is quite a contradiction for the government to want to abolish the gun registry that police forces wish to have, on the one hand, and to have mandatory minimum sentences, on the other hand. That is very contradictory, lacks logic, and shows a lack of respect for those who support this gun registry, which, naturally, must be managed effectively.

Liberal Party of Canada

[Mike Lake, Conservative, Edmonton—Mill Woods—Beaumont, AB]

Mr. Speaker, last week, the Liberal leader emerged from one of his party's regular, “What can we say to get elected” meetings, and announced that his party would get tough on crime, honestly, for real this time.

The Liberal leader says that the only way to protect our homes and our rights is to “catch and convict” more criminals. This is from the same party that completely gutted Bill C-9 which would have ensured that people who commit serious crime would not go back into the community but would actually serve their time behind bars.

While the Liberal leader used the phrase “catch and convict”, I would suggest that, based on the Liberal record, what he meant was catch and release.

Time and time again during this Parliament we have seen Liberals obstruct justice legislation which they said they supported during the last election campaign.

Given their current leadership void, I have some advice for Liberal organizers if they are planning to force an early election. Perhaps they might consider printing a “dry erase” version of the red book, complete with a marker and eraser so Canadians can keep their Liberal platform up to date with each new Liberal flip-flop.

Criminal Code

[Dave Batters, Conservative, Palliser, SK]

Mr. Speaker, it is my pleasure to rise today on behalf of my constituents in Palliser to speak to Bill C-343, An Act to amend the Criminal Code (motor vehicle theft), which will toughen penalties for car theft.

Before I begin my remarks, I would like to talk about my colleague from Regina—Qu'Appelle, who of course is an excellent Acting Speaker. This is his chance to rise on behalf of his constituents on an issue of great importance in his riding and to deal with a subject of great importance to him. For the member for Windsor—Tecumseh to impugn his future fairness in decisions is way over the top. He is certainly very capable of balancing his role as an elected member of Parliament representing his constituents and his duties sitting in the chair.

Canadians have a right to feel safe in their homes and on their streets. That is why our government has taken tough action since being elected more than a year ago to crack down on dangerous offenders and to make our communities safer.

However, Canadians also have a right to be protected from car theft. Bill C-343 does that by toughening penalties for criminals who steal cars.

The member for Regina—Qu'Appelle has brought forward an important issue worthy of debate as to whether to create a new distinct offence for motor vehicle theft. Under the current law, a person who steals a motor vehicle is normally charged with theft over $5,000.

After they gutted Bill C-9, we know that the Liberals and the NDP think house arrest should be a sentencing option available to judges. Conservative members strongly disagree.

Bill C-343 would create a separate distinct offence with enhanced penalties for motor vehicle theft. Bill C-343 would amend the Criminal Code so that everyone who steals a car will be subject to jail time or a fine or both. These punishments increase if the person steals subsequent cars.

These reforms are essential. Stealing a car is a serious crime. It is critical that this bill be referred to the appropriate committee so these proposed punishments can be debated. Certainly not all members in the chamber will agree on the specifics of the punishments, but they should at least support the bill on its merits of getting tough on car theft, get it to the appropriate committee and have that discussion there. My colleague from Regina—Qu'Appelle has said that he is certainly open to amendments.

Bill C-343 would help deter car thieves because it promises swift and certain punishment. The importance of that cannot be overstated. Of course we need better social programs and we need to work with the youth who are most likely to commit these types of crime, but as part of that strategy, someone who steps outside the law needs to be punished.

This bill would also help those who prosecute car thefts by creating a distinct offence for motor vehicle theft. 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 and there is no indication on the record as to the type of property that was stolen. The result is that the prosecutor and the judge do not know if they are dealing with a prolific car thief or someone involved in organized crime. 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 sentencing.

It is clear from looking at the statistics that we need to reduce auto theft in Canada. In 2003 there were over 130,000 automobiles stolen in Canada. That is roughly one car stolen every three minutes. Car theft costs Canadian insurers over $600 million a year or $43 a year for every insurance policy. It is further estimated that other costs such as health care, courts, policing and out of pocket costs such as deductibles also cost Canadians another $400 million per year.

The real crime that occurs when a car is stolen goes far beyond the loss of property and the financial cost to replace it. Having a car stolen is a serious breach of personal security and a violation of one's right to own personal property. This is not a victimless crime. For those Canadians who rely on cars to get to work or school or drive their children to hockey practice or swimming lessons, having a car stolen can be disruptive and devastating. We as a society cannot stand idly by while this happens.

There is also the threat to public security and safety when a car is stolen. Very often auto theft leads to dangerous driving which can result in serious injury and death to police officers, the accused or innocent bystanders.

A study carried out by the national committee to reduce auto theft reported that between 1999 and 2001, 81 people were killed as a result of auto theft and another 127 people were seriously injured.

We also know that auto theft is not just kids taking cars out for a joy ride. It is also part of the way that gangs and organized crime profiteer while terrorizing ordinary citizens. Because of this, the recovery rate for stolen cars is on the decline. We also know that gangs target young people to commit car thefts.

In 2002, 40% of persons charged criminally for stealing a motor vehicle were between the ages of 12 and 17. Organized vehicle thefts rely on the legal system to be lenient with young offenders and when apprehended, young offenders are unable to identify other members or senior members of the theft ring.

Motor vehicle theft is an ideal recruitment tool for organized criminal groups. Research shows that youth, whose first offence is motor vehicle theft, are most at risk of continuing along the career criminal path. We need to take better action to prevent this and that is exactly what Bill C-343 will do.

Our government is committed to getting tough on crime. In fact, we have introduced a number of pieces of legislation designed to do just that.

Bill C-10 was introduced to ensure that criminals who use guns in the commission of an offence receive a very serious sentence with escalating mandatory minimum penalties.

Bill C-19 introduced by our government created five new offences to combat street racing and also provided for mandatory minimum periods of driving prohibitions. I am proud to say that this bill is now law.

Despite claims from the opposition parties that they will act and get tough on crime, we have not seen evidence of this in the House. The Liberals have declared that they are fighting Bill C-10. The Liberals and the NDP worked together to gut Bill C-9, an important piece of government legislation designed to eliminate house arrests for arsonists, car thieves, and those who commit break and enter.

The opposition parties are soft on crime. They do not like to hear it, but it is the truth.

In addition to introducing legislation our Conservative government has committed significant financial resources to crime prevention. Budget 2006 allocated $20 million over two years for communities to help prevent youth crime with a focus on guns, gangs and drugs. That is our government's record on getting tough on crime.

We have taken real action and our tough on crime agenda has the support of Canadians and certainly the people in Regina and Moose Jaw, and throughout the great riding of Palliser. Part of the reason that there is such widespread support for getting tough on crime in Saskatchewan is that we have a provincial NDP government that has one of the worse records in the country when it comes to crime. It made a promise in 1999 to hire 200 new police officers. It never did; it broke its promise.

Saskatchewan's overall per capita crime rate is higher than Ontario's. Saskatchewan has the highest homicide rate and the highest rate of violent offences of any province per capita. It also has the highest rate of break and enter in Canada. Regina, which is part of my riding of Palliser, is the second most crime ridden city in Canada and Regina has the highest number of car thefts per capita in Canada.

I guess the member for Regina—Qu'Appelle is going to bring this forward when he has a chance to present a private member's bill. That is shocking and totally unacceptable that we have the highest number of car thefts in Canada.

While the recently introduced Regina auto theft strategy has helped to decrease the rates of auto theft in the city, the numbers are still too high and more decisive action must be taken.

That is what this bill does. That is why I am proud to second the bill put forward by the hon. member for Regina—Qu'Appelle. Toughening penalties for car theft is the right thing to do. It is another step that our government is taking to get tough on crime. That is what the residents of Palliser and Canadians across the country have asked for.

We all have a right to feel safe. Enough is enough. It is time to take action to stop people from stealing automobiles.

Opposition Motion--Government Policies

[Rob Moore, Conservative, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada]

Mr. Speaker, I rise today to address the somewhat rambling motion put forward by the deputy leader of the opposition. This motion illustrates that the member for Etobicoke—Lakeshore is just as challenged at establishing priorities as his current leader as well as the previous prime minister from LaSalle--Émard, well known for his almost 200 most important government priorities.

Among a myriad of issues, the motion before us today attacks the government on the process of appointing judges. The party opposite would like to divert the attention of the House from the real issues to an academic discussion of a process which has existed for years.

This is a desperate attempt to distract Canadians from the fact that the Liberals are in the process of rendering this country vulnerable to future attacks by terrorist organizations by gutting key provisions of the Anti-terrorism Act. This, one day after we learned of an al-Qaeda directive to focus terrorist attacks on Canada's resource base, presumably the oil fields of the west and the Atlantic offshore oil platforms.

I cannot understand why the Liberals would want to hide from this irresponsible and short-sighted position, but the House should not just take my word for it. Let us hear from some prominent Liberals quoted in recent media reports on this very issue.

Former Liberal deputy prime minister, justice minister and public security minister, Anne McLellan, speaking of the provisions in the Anti-terrorism Act that are set to expire, said:

They were not created in haste, if what that means is that we did not think about them carefully, craft them carefully...The Supreme Court has ruled that investigative hearings are constitutional. I am in a sense perplexed as to why at this point you would take these important tools away from law enforcement...and there is absolutely no evidence they've been used at all, and certainly nobody's used them in an abusive way.

Another well-known Liberal, deputy prime minister and chair of the cabinet security committee, John Manley, said, “The most important responsibility of government is the preservation of order and the protection of its citizens.” I agree that one of our highest responsibilities as a government and as a Parliament is the protection of Canadian citizens. He went on to say:

And the most important civil liberty is freedom from fear of harm on the part of the civilian population, without which our other liberties mean very little.

The anti-terrorism law did not violate the Charter of Rights as some have claimed. If ever needed, it may be key to protecting our citizens from serious harm, enabling them to enjoy the rights that the Charter guarantees them.

I have just one more quote from one time Ontario NDP premier, federal Liberal leadership candidate, and the chair of the former government's review of the Air-India tragedy. Bob Rae had the following to say about the provisions that are due to sunset. For those who are watching today, they are due to sunset unless the House votes to continue these provisions contained in our Anti-terrorism Act. Bob Rae said:

I certainly think the impact on Air India has to be considered as we go forward and I would hope that people would take that into consideration.

With these criticisms coming from within their own ranks, it is easy to see why the Liberals are asking the Canadian people to look away from their irresponsible choices and attempting to fabricate news on the government's judicial appointments with the mock self-righteous indignation that only Liberals can muster.

There was a very interesting article in the news today discussing the Liberal Party record of using judicial appointments to reward political staff and party bagmen. I invite all my colleagues to read the article and I would welcome a fulsome discussion of its content.

I would like to thank the member for Etobicoke—Lakeshore for providing me the opportunity to highlight our government's impressive track record in addressing the criminal justice concerns of Canadians.

I should add that I will be splitting my time with the member from Mississauga.

On the issue of the judiciary, the Minister of Justice is committed to appointing the best and brightest legal minds in the country to serve on the bench.

The member for Etobicoke—Lakeshore uses terms “neo-conservative” and “right wing”. What I find remarkable is that just over a year ago the Conservative, Liberal and NDP campaign platforms all called for tougher sentences for violent crimes, mandatory minimums for gun crimes, and a crackdown on organized crime and gangs.

It is important to remember that each and every member of the three federalist parties, the NDP, the Liberal Party and the Conservative Party, was elected to the House with a mandate to get tough on crime and specifically to introduce tougher mandatory minimum sentences for those who use a firearm in the commission of a crime against another Canadian.

What do we have a year after the election? We have Bill C-10 which is before the Standing Committee on Justice and Human Rights right now. While the Conservatives are holding up their end of the bargain by introducing and supporting the bill, we see the NDP and the Liberals seeking to gut provisions of that bill that would bring in tough sentences for people who use firearms. Cities, towns, villages, police, victims groups and everyday Canadians across this country are calling for these measures and we see the Liberals and the other opposition parties failing to support them.

Canadians have a right to feel safe and secure in their communities. In fact, safe streets and secure communities have been touchstones of Canadian society since Confederation. Of course we all know, unfortunately, that in recent years this hard won reputation has been put to the test by rising rates of crime, particularly involving guns, gangs and drug activity. Our government promised to tackle this problem head on and that is exactly what we are doing. Since taking office last year, we have brought forward no fewer than 11 new legislative proposals that will help reduce crime and create safer communities.

With the support of all parties in the House, we brought into force Bill C-19 which creates new offences that specifically target street racing. We also passed legislation to strengthen the Proceeds of Crime (Money Laundering) and Terrorist Financing Act. These changes will help to ensure Canada continues to be a global leader in combating organized crime and terrorist financing.

Our government has committed further to provide $20 million over two years to support community based programs that provide youth at risk with positive opportunities and help them make good choices and avoid the culture of guns, gangs and drugs.

We have made some progress, but there are still nine bills in Parliament that the Minister of Justice is committed to bringing into force. Among other things these bills would restrict the use of conditional sentences and impose mandatory minimum penalties for gun crimes.

The first bill dealing with conditional sentences was Bill C-9. Again we witnessed at committee opposition members who were elected with a mandate to get tough on crime acting to gut this bill. This means that people who are convicted of luring a child, arson, auto theft, among other things, are going to be able to serve their time in the comfort of their own homes rather than serve time in prison.

We also have legislation to ensure tougher sentences and more effective management of dangerous offenders, including imposing stricter conditions on repeat offenders to keep such criminals from reoffending.

We have introduced legislation to strengthen the law against alcohol and drug impaired driving and to protect youth against adult sexual predators by raising the age of consent, the age of protection in fact, from 14 to 16 years. I believe there is a broad consensus among Canadians that raising the age of protection is the right thing to do. We know it is strongly supported by many who work with youth or advocate on their behalf.

Moving forward we will also focus on other initiatives that will improve our justice system. For example, we will continue to work toward establishing a victims ombudsman's office. I should add that as we hear testimony before the justice committee on any number of these bills, it is often the victim who is the forgotten voice in all of this. It seems that when an incident takes place too often the focus is on all areas but the perspective of the victim. It is time that we restored a role for victims in our justice system.

Our last budget committed $13 million per year until 2010 toward these types of initiatives. The government also committed to develop a new strategy to deal with illicit drugs. The strategy that we will introduce will put greater emphasis on programs that will reduce drug use and help Canadians, particularly our youth, lead healthier and safer lives.

I could go on and on but I see that my time for debate is almost up. My point is that government is representing the concerns of Canadians and communities large and small. I am proud of our commitments in the field of justice and even more proud of our record for carrying them out. This is what Canadians expect of us and this is what we deliver.

Criminal Code

[Ed Komarnicki, Conservative, Parliamentary Secretary to the Minister of Citizenship and Immigration]

Mr. Speaker, I am pleased to rise today to speak in favour of this bill. After listening to the comments from the hon. member for Joliette, it seems the Bloc is more concerned about the dangerous offender than the victim, or the young child who has been abused, injured or sexually mistreated, or the mother or father of that child, or those potential children who might be abused. If we pass this legislation, this could otherwise be prevented.

As we know, safe streets and communities are important to all constituents in Canada. We are rightly proud of the history of having safe streets and homes, but times are changing and Canadians are experiencing not only an increase in crime, but an increase in a crime of the most heinous kind, one that is violent and abuses the sanctity of people, particularly children. They have called upon the government to take action. They have called upon the government to pass legislation not only in this area, but in other areas as well. We cannot ignore this problem. We must roll up our sleeves, do the job that needs to be done and work in committee to get the bill passed.

During the last election, we promised Canadians that we would crack down on crime, and that is exactly what we propose to do. We promised, we made a commitment and we are moving on it. We have tabled Bill C-27 in that regard.

In a nutshell, Bill C-27 deals with dangerous offenders and provides for ways of dealing with them. In particular, it also deals with section 810, peace bonds, which can put certain restrictions upon them should they ever get released.

To make it clear, many are calling upon the government to take action. Recent events in the area of Whitewood, Saskatchewan have brought many constituents together. They have presented a petition to the government asking for action. They have said that dangerous offenders should not be out on the loose or if they are released, they should be subject to some of the severest of conditions, so the public is not endangered by their actions. They have not only united the community in that area, but all of the constituency that I represent, including Saskatchewan, as well as provinces beyond.

We have received petitions signed by up to 24,000 to 25,000 Canadians who urge this government to take action. Today, I had the opportunity to file those petitions. It is fitting that we would do it on the day we are introducing Bill C-27, the dangerous offenders legislation. Let us see what they call for in that petition.

They have asked the government to proceed with changes to the justice system in legislation that would result in harsher penalties for convicted pedophiles. They have asked for mandatory or compulsory electronic or other forms of monitoring of pedophiles upon release from custody. They have asked for compulsory public notification and movements of convicted pedophiles. They have asked that we ensure repeat offenders are designated as dangerous offenders.

Why has this situation incited such an interest in the many constituencies, people and communities of Canada? Because the public is fed up. People have had enough of this easy justice, especially where people have been convicted of the same serious offences on at least three occasions, offences that require two or more years of jail time. They are saying there comes a point in time where something needs to be done. These people need to be contained or released under very strict conditions.

I am quite pleased to say that the Government of Canada has responded to the petition that my constituents have filed, and its response is interesting to note. It says that the Government of Canada is fully committed to protecting children from sexual offenders. In the last Parliament, Bill C-2 introduced mandatory minimum penalties for many sexual offences committed against children. These offences are, therefore, not eligible for a conditional sentence of imprisonment.

Also, a number of criminal law reform initiatives have recently been introduced in this regard, including: Bill C-9 to restrict the availability of conditional sentences, which I just mentioned; Bill C-22 to increase the age of protection; Bill C-27, regarding dangerous and high risk offenders, about whom I speak today; and Bill S-3, regarding improvements to the national sex offender registry.

As introduced, Bill C-9 would toughens penalties for a number of sex offences, including offences against children, by making it clear that the conditional sentence is no longer available. Who could argue against that? Bill C-22 would better protect against youth adult sexual predators by raising the age of consent from 14 years to 16 years.

Who opposes this legislation? The opposition parties, the Liberal Party, the Bloc Party and the New Democratic Party have been obstructionist in committee. They have taken clauses out. They have watered them down. They have made them almost of no effect, when just the opposite is what the people of Canada expect. They expect us to get at least that tough, and tougher. They try to use the argument that it might not be constitutional.

However, these individuals, these victims, need protection, and that is exactly what we are about to do. Most Canadians are calling for us to take that action. It would be a good point for the opposition to take that into account, get behind us and have this legislation passed, as opposed to delaying it in committee.

[Brian Murphy, Liberal, Moncton—Riverview—Dieppe, NB]

Mr. Speaker, I thank the member for his question about firearms. It is appropriate to be speaking about the gun registry just before question period. I would like to add that our side supports gun control.

We think it is very important to regulate handguns and guns of all sorts. We think it is disgusting, frankly, that the Conservative government would bring in a bill, and I am speaking of Bill C-10, that excludes crimes committed with long guns and includes crimes done with restricted weapons.

In other words, a person could hold up someone and hurt them with a handgun in a 7-Eleven in Moncton, New Brunswick or Red Deer, Alberta and be subject to mandatory minimums of three, five and ten years, as the current legislation has proposed, but if the person went into the same store with a shotgun and did the same thing, the person would not be caught by that same provision. I ask members to tell me why that makes sense.

The hon. member asked questions about the long gun registry, but really he asked questions about the safety of our communities. The question goes back to him and to the members of the government, what are we going to do about controlling guns? Bill C-35 will not have much effect in getting guns off the street.

The remonstrances of the member for Wild Rose will do nothing to get guns off the streets and away from the borders. The minister said nothing about the money backing up Bill C-35, Bill C-10, Bill C-9 and other justice bills that will get guns away from the people who are using them.

We need to address that question in Parliament. When is the program coming? It is so close to question period that I wish the Prime Minister were here so I could ask him this question: what are we going to do to get guns off our streets?

[Brian Murphy, Liberal, Moncton—Riverview—Dieppe, NB]

Mr. Speaker, it is very typical in the Conservative justice agenda to make grand pronouncements on law and not back them up with the resources needed to effect the law as proclaimed.

Bill C-9 and Bill C-10 deal with mandatory minimums and conditional sentences. Some $225 million was budgeted for prisons. Most attorneys general met in Newfoundland last year and collectively said it should probably be something like $2 billion. With respect to this law, there is no indication that there will be adequate resources to develop the tests for drug impairment detection. We will have a law with no teeth in it.

I can look at the testimony of Chief Blair of Toronto who, using existing law passed by previous Parliaments and extensive resources, had a major and effective crackdown in crime in the GTA. There has been no indication from the Canadian Chiefs of Police that adequate resources will be put in place for the new panoply of Conservative laws which are intended to be tough on crime. Without adequate resources to put its wishes into effect, I am afraid the Conservative government is leading the Canadian public into a false sense of security by promoting law on the 6 p.m. news but not backing it up with the necessary resources. It is cutting funding to everything that is dear to Canadians, including effective, smart, judicial discretion and effective and smart law enforcement. That is what is missing from the agenda.

We are willing to work with the Conservative government as the bills go through the House. I do not know what we do with a minority government that governs like a majority and will not fund the necessary tools to put good laws into effect once they come out of committee.