Serious Time for the Most Serious Crime Act

An Act to amend the Criminal Code

This bill is from the 40th Parliament, 2nd session, which ended in December 2009.

Sponsor

Rob Nicholson  Conservative

Status

Second reading (Senate), as of Dec. 3, 2009
(This bill did not become law.)

Summary

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

This enactment amends the Criminal Code with regard to the right of persons convicted of murder or high treason to be eligible to apply for early parole.

Similar bills

S-6 (40th Parliament, 3rd session) Law An Act to amend the Criminal Code and another Act

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-36s:

C-36 (2022) Law Appropriation Act No. 4, 2022-23
C-36 (2021) An Act to amend the Criminal Code and the Canadian Human Rights Act and to make related amendments to another Act (hate propaganda, hate crimes and hate speech)
C-36 (2016) Law An Act to amend the Statistics Act
C-36 (2014) Law Protection of Communities and Exploited Persons Act

Votes

Nov. 25, 2009 Passed That the Bill be now read a third time and do pass.
Nov. 25, 2009 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “Bill C-36, An Act to amend the Criminal Code, be not now read a third time but be referred back to the Standing Committee on Justice and Human Rights for the purpose of reconsidering Clauses 2, 3, 4, 5 and 6 with a view to making any amendments which may be called for as a result of information undertaken to be placed before the Committee by departmental officials on November 4, 2009, but which the office of the Minister of Public Safety failed to provide before the Committee considered the Bill at clause-by-clause.”.

JusticeStatements By Members

November 23rd, 2009 / 2:05 p.m.


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Conservative

Sylvie Boucher Conservative Beauport—Limoilou, QC

Mr. Speaker, everyone knows that, on justice issues, Liberal and Bloc members defend the rights of criminals. Fortunately, Canadians know that they can count on our Conservative government to defend the rights of victims.

Our government believes that murderers must serve tougher sentences for the most serious crimes.

Bill C-36 would eliminate the faint hope clause. Criminals who commit first or second degree murder would no longer be able to apply for early parole. We do not want families to have to go through the pain of attending repeated parole hearings and having to relive their losses over and over.

We hope that, for once, the Liberal and Bloc members will stand up for the victims in this country by supporting this bill.

Our government works in favour of those Quebeckers and Canadians who obey the law.

Criminal CodeGovernment Orders

November 23rd, 2009 / 1:50 p.m.


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NDP

Jack Harris NDP St. John's East, NL

Mr. Speaker, I am pleased to speak at third reading of Bill C-36, An Act to amend the Criminal Code, regarding the proposed amendments to what is known as the faint hope clause under the Criminal Code for those sentenced to life imprisonment with no possibility of parole for stated periods of time.

First, it has to be understood that what we are talking about is literally a faint hope, very faint, in fact. As of April 2008, there were 4,429 prisoners serving life sentences. We can compare that to the number of people who have actually obtained parole under the faint hope clause for the last 20 years, which is 131. We are not talking about opening the prison doors and letting everybody out. We are talking about the mere possibility of someone having an opportunity to seek parole.

There is a very stringent process in place that allows for this very faint hope. It involves at least three steps, probably more. I will outline the three most significant steps that have to take place.

For example, if someone is sentenced to life without any possibility of parole, the first criterion is that there must be at least 15 years of the sentence served. We are not talking about someone who committed a murder, has been in jail for a few years and is trying to get a free pass out. We are talking about someone who has served at least 15 years in jail, which is in fact longer than the average time spent in custody of anyone sentenced to life in New Zealand, Scotland, Sweden, Belgium and Australia, for example. We are talking about people who have already served at least 15 years.

The first thing that has to be done is to convince the chief justice of the province or territory in which the conviction took place that there is a reasonable prospect the application for review would succeed. If that test is not met, there is no opportunity to get parole. If the chief justice, or whoever has been designated, is satisfied there is a reasonable prospect, then it goes to the next step.

The justice first considers the character of the applicant, the conduct of the applicant while serving the 15 years plus that has already been served, and the nature of the offence. Those concerned about people who are guilty of serial murder will not be surprised if it would prevent someone from getting early parole. Also considered is any information provided by a victim at the time of the imposition of the sentence or at the time of a hearing under the section and any other matters that the justice considers relevant.

If an inmate meets those criteria and a provincial or territorial chief justice thinks there is a reasonable prospect the review might succeed, it then goes to a jury. Whatever opinions the Conservatives have about justices, I would hope they would have faith in our jury system. Our system depends on a person having a trial by jury of his or her peers. If an individual happens to get past the first hurdle, then there has to be a unanimous decision by 12 members of the jury that the person ought to have the period of parole ineligibility reduced.

For example, if the eligibility for parole is set at 25 years and 12 members of a jury unanimously agree, they can say they are satisfied that the period of eligibility for parole can be reduced, and not only that, they get to say by how much. They can say they agree that the person should have an opportunity to apply for earlier parole, but it can only be reduced by two years or three years or five years. It is the jury's decision in both of those cases. A unanimous decision is needed for the possibility of reducing the parole and a decision of two-thirds of the jury is needed in determining the number of years.

All that does, after those two hurdles, is give the individual a right to apply to the National Parole Board. There is no automatic parole. That just allows the Parole Board to even consider an application from an individual who has been given a long sentence.

A faint hope clause review is not a forum for a retrial of the original offence. Nor is it a parole hearing. A favourable decision by the judge and then later by a jury in a separate hearing simply advances the date on which the offender will be eligible to apply for parole.

When people talk about our system not being tough on criminals, we have to compare our situation with countries around the world. In Canada the average time a person is incarcerated is the highest in all countries surveyed, including the United States, where the average life sentence means someone serves 18.5 years. In Australia it is 14.8. In New Zealand it is 11. In Sweden it is 12. In Belgium it is 12.7. Canada, compared to the United States with 18.5, is 28.4 years. That is the average amount of time someone serves if he or she is given a life sentence in our country. That is for first degree murder. Therefore, we are talking about a very faint hope indeed.

The importance of the faint hope has been underlined by the John Howard Society, for example. It says that the availability of the faint hope clause may provide incentive for prisoners to rehabilitate themselves. It also adds that the repeal of the clause allowing faint hope could lead to increased violence in Canada's prisons. It says that if one takes away even a faint hope, there is a potential that the incentive to behave well will go with it.

I am particularly moved by the example described by my colleague from Windsor—Tecumseh about an individual who changed his mind when he heard the story of one individual who had left the prison system under the faint hope clause and turned himself into an advocate for integrating other inmates and prisoners back into society. He had dedicated his life, in fact, since his release to doing that. That is an example of what can happen.

I am obviously not saying that everybody who ever gets out under the faint hope clause is a paragon of virtue. Let us face it, these individuals may have rehabilitated themselves enough to convince the Parole Board, after convincing a justice and a jury, that they were not a threat to society. They will at least be able to lead their lives outside of prison. However, this is an example of an individual who not only rehabilitated himself, but has now dedicated his life to the rehabilitation of others and to assist those who end up in prison for any number of reasons, such as getting caught in committing a crime. He helps to integrate them back into society and thereby protects all of us, protects Canadians because we have one more individual who has gone down the wrong path and is now able to rehabilitate others and help them lead useful and productive lives, which makes for a safer country.

There are lots of reasons why the faint hope clause should be maintained.

I see my time is up and it looks like we will head into statements very soon. Maybe there will not be time for questions and comments before the break, but I will leave that to the wisdom of yourself, Mr. Speaker.

Those are my comments at second reading. We have very serious concerns about these proposed reforms. We need to keep the faint hope clause.

Criminal CodeGovernment Orders

November 23rd, 2009 / 1:35 p.m.


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NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, in rising in the House to speak to the bill, I want it to be known that I oppose the bill. In the same way that I treat all the bills before the House, whether they are government bills or private member's bills, I endeavour to look to the factual base in forming my opinion. It has been brought to my attention in the review of the bill by a number of persons and organizations, and what stood out for me was the submission to the justice committee by the Canadian Bar Association.

The brief was presented by the National Criminal Justice Section of the Canadian Bar Association, which represents more than 37,000 jurists, including lawyers, notaries, law teachers and law students across the country. It also includes not only defence lawyers, but prosecutors. That is very important. These are the professionals who work day in and day out, year by year in this area and are fully apprised of the facts of what is happening in the judicial system, including in the administration of the faint hope clause.

The Canadian Bar Association's testimony to the committee was very clear and it seems to be consistent with what the other members presented today in the House on the bill. The testimony was that the government's communications on Bill C-36 suggest there has been an increase in the number of offenders being released under the clause. However, that this is far from reality, which deeply concerns me. It is incumbent upon all members in the House that when we take a position on a bill, or if we draft a bill for presentation to the House for serious consideration, that it actually be based on fact. This is all the more critical when talking about a bill affecting criminal justice and affecting those who are subject to the system and people who have been victims of crime.

The brief by the Canadian Bar Association on Bill C-36 raised a number of concerns about the proposed reforms, in addition to the fact that it does not appear to be premised on a fact based appraisal, and that has been endorsed by all opposition parties. They have been extremely concerned that no proper factual information appears to have been tabled by the government in tabling the bill. That is a of great concern, particularly given the fact that the Department of Justice has undertaken a number of reviews and, presumably, those reviews should have been tabled for consideration by all members of that committee.

The Canadian Bar Association also testified that the government clearly had not assessed whether the proposed reforms would actually enhance the objective of sentencing in the criminal justice system. Obviously the very point of amending the Criminal Code, which is a critical law for peace and order in this country, makes it absolutely critical and incumbent upon the government to show that the change would improve the safety of citizens. The Conservatives do not appear to have done that. It seems it has been more from an emotional base.

It is my suggestion to the House that, given the importance of these bills, it is very critical that they be fact based because we are affecting people's rights, the rights of the people incarcerated, the rights of the people working in the prisons and the rights of people who may be victims of crime.

The Canadian Bar Association testified that Bill C-36 was unnecessary and would not improve community safety. This should be the first and foremost matter in the minds of members of the House when we consider an amendment to the Criminal Code of Canada. The very purpose of the bill is to provide for the safety of Canadians, to punish those who may break the law and to impose punishments appropriate to ensure that we do not have recidivism and to ensure deterrence.

It is also important for the House to consider that the jury system is a very important component of the Canadian judicial process. As the Canadian Bar Association pointed out in its brief, when we abolished the death penalty in 1976 and put in place the new system of first and second degree murder penalties, included within that provision was the system for sentencing, the inclusion of provisions for the consideration for parole and, most important, the provision that juries would first and foremost make that consideration before the application may go to the Parole Board. A very clear and thoughtful process was followed when this process was put in place.

However, it did not stop there. The process for the review of these offences has gone through careful scrutiny and review by the justice committee and various studies have been done. On a number of occasions they have been enhanced and made stricter.The decision to amend in 1997 also was based on the fact that of the 63 people who applied initially, 13 were rejected, 19 were allowed to go to the board and 6 of those denied by the board, but only one reoffended.

We must remember, as the Canadian Bar Association testified, that the 1997 amendment put in very strict procedures for considering the faint hope clause. It was precluded for multiple murderers. We should not be using those examples in considering this. It is not even possible under the faint hope clause.

The amendments introduced a screening process by the judge before it went to the jury and required unanimous jury recommendation. The House should note the importance of this provision. It is a jury of people of the community where the offence occurred that is considering the matter based on information on the offence, the character of the offender, how the offender has conducted himself or herself in prison, whether or not the offender is likely to reoffend, and information by the victim. It must be pointed out that that is optional. There is no requirement in law that any family member of the victim of a crime be required to testify. It is the family's option, but it is an important option, and a right and privilege to speak against the release of a particular prisoner. The jury must also unanimously recommend that the consideration may be made by the Parole Board.

The intent of the faint hope provision is to try to encourage the prisoner to show true remorse and to work hard at rehabilitation. That is an important part of our prison system. That is what sets us apart from a lot of regimes. Our regime is based on trying to rehabilitate every prisoner who goes into our system.

The hope is faint. There are many barriers to being able to obtain early release. We must remember that early release in many cases is very late in the game.

We also must remember that early parole is subject to a lifetime of supervision and that the parolee can be sent back for any transgression.

What is really troubling me is that the government seems intent on removing the parts of the judicial process where the jury is involved and where we actually work toward rehabilitation of prisoners. More important, the government has not seen fit to provide the resources to prevent crime. The most important thing we can do for victims of crime and future victims of crime is to prevent the occurrence of crime.

This past week I visited a youth emergency services program in my riding. It is an incredible program that is struggling to get appropriate resources. It takes in young people off the street, protects them from becoming victims of crime and tries to prevent them from becoming engaged in the criminal process. It is a commendable program where people dedicate themselves, and it is struggling to receive any federal funding.

Instead of trying to further punish and take our criminal system back to medieval times, I would encourage the government to look at the incredible process that we have developed over time. I would encourage the government to start redressing the frailties by properly financing our crime prevention programs. I encourage the government to put resources into those programs to give those who might otherwise become involved in serious crimes a chance to decide not to. That is the best way to serve our community and prevent crime. It is the best way to help those who may become the victims of crime.

Criminal CodeGovernment Orders

November 23rd, 2009 / 1:05 p.m.


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Bloc

Marc Lemay Bloc Abitibi—Témiscamingue, QC

Mr. Speaker, I am pleased to rise in this House to speak to Bill C-36.

I will begin by reading a very short quote from a piece by the journalist Manon Cornellier published in Le Devoir. For my colleagues opposite who do not understand French and who do not read it, Le Devoir is a French-language newspaper published in Montreal. Ms. Cornellier is a journalist on the Hill and was present for our debates and speeches as well as the introduction of Bill C-36. Here is the quote in question:

“And what if the lack of hope crushed the desire for rehabilitation of the convicted and increased violence and the problems in prisons?”

If Bill C-36 is passed, I believe it is very likely that the answer to this question will be yes, that it will. What does an individual do when he no longer has a chance and has nothing to hope for?

I am truly convinced that my colleagues opposite have never gone into a prison and know nothing about criminal law because they are spouting utter nonsense before the Standing Committee on Justice. When I hear what is being said and the questions asked by some Conservative colleagues in this committee, I even wonder if they really passed their bar exams.

I am revolted by this morning's comments in support of passing Bill C-36. We are keenly aware that victims must be protected. I will repeat it for my colleagues opposite because the translation is slow. The Bloc Québécois agrees that victims must be protected. I will repeat it for my Liberal friends who are preparing to support Bill C-36: victims must be protected. However, adopting this bill will not protect the parents of victims. Unfortunately the victims were murdered. Murder in the first degree is the most heinous crime that can be committed by an individual, and it deserves the harshest punishment.

In Canada, the death penalty for someone found guilty of murder was abolished in 1976. I know that some Conservatives would like to see it reinstated, but that is not what we are debating today. They must stop making false claims and providing misleading information. It is not true that someone found guilty of first degree murder is sentenced to 25 years. When an individual is found guilty of first degree murder, he is sentenced to life in prison, which means until he dies. That is what a life sentence means. The Conservatives need to stop their disinformation.

Since 1976, prisoners have been allowed to apply for parole after 25 years, but they were sentenced to life imprisonment; that means life in prison. The Conservatives need to stop making the public believe that everyone will get out after 25 years, because it is not true. The statistics we have in front of us prove that.

The statistics date from April 9, 2009, and there must have been a few people sentenced for murder in the past few months. Let us round it off. There were 4,000 prisoners serving life sentences in Canada as of April 9. So they are not all out, and they will not all be out of prison. So when the Conservatives go all delusional and claim that Clifford Olson could be released, or that Bernardo could be released, they are not thinking about the parents of the victims. They need to stop. It is not true that Olson and Bernardo will be released, and this is why. This is what the Conservatives need to understand, because they have a lot of trouble understanding it, and some Liberals still have trouble with this issue. I will explain it, and I hope that it will be clear.

An individual is convicted of first-degree murder and immediately sentenced to life. This means that he will spend the rest of his life in prison. However, as things stand, that individual can turn to the courts after being in prison for 15 years. This is important, and it is what the Liberals introduced in 1976 when they amended the Criminal Code and abolished the death penalty. They introduced the current system, which is working very well. The Liberals and the Conservatives cannot say that it is not working well, because they have never provided any numbers.

I will now explain how the current system works. The individual is convicted and sent to prison, where he must serve at least 25 years.

After 15 years, if his good behaviour has been proven and attested, he can apply to the court. The Conservatives led us to believe that an individual could lie for 15 years in prison. Come on. It is obvious that the Conservatives never go into the penitentiaries. Some of them should visit institutions at least a few times a year to see how things work. They would see that inmates cannot lie with impunity, especially in a maximum security penitentiary. Individuals sentenced to 25 years or life are placed in maximum security facilities.

After 15 years, the individual must appear before a superior court judge in the place where he was convicted. I am going to go slowly, because the Conservatives think that this can be done anywhere in Canada where the individual is being held. That is not true; it is set out in the legislation. The inmate must appear where he was convicted, before the chief justice of the superior court, not just any judge, not a judge appointed by the Conservatives, but a real judge.

The judge in question will examine the application, have the individual appear and ask him to convince the judge to empanel a jury to consider his application. This is not an application for release. The judge does not have the authority to release the inmate, but only to empanel a jury. I will come back to this in a few minutes.

The individual appears before the superior court judge and tries to convince the judge that he has proof that he has changed. He can call the prison guards to testify and can do everything in his power to convince the judge to empanel a jury.

That is the first step, and very few get past it. Whether the Conservatives like it or not, we asked for numbers, and of course, if any of them had been flawed, we would have known, but they were all fine. So, the person appears before the court and convinces the judge. Then the judge empanels a 12-member jury in the place where the first degree murder was committed 15 years before.

The Conservatives need to stop saying that such an individual can try two or three times, because that is not true. That is disinformation. So, the judge empanels a jury of 12 people from the place where the murder was committed 15 years before, and then there has to be proof beyond a reasonable doubt.

I will translate that for my Conservative colleagues. It means that there has to be enough proof that there can be absolutely no doubt that the person appearing before the jury has changed his ways. The jury cannot free the prisoner. The only thing that the jury can do is say unanimously that he can request parole in a year or two, or three, or five. The jury decides. The jury does not let the prisoner go. The Conservatives are wrong again. They must be delirious. Maybe they have delirium tremens because they would have us all believe that the jury would not study anything and would just let the prisoner go. That is not what subsection 745.6 of the Criminal Code says. The jury has to be convinced beyond a shadow of a doubt that the individual has so completely changed his ways that he deserves to apply to the parole board.

What proof must be provided? The individual in question must provide some evidence. Criminologists, psychologists, psychiatrists, victims, victims' parents—given that the victim, of course, cannot testify—cousins, and the entire family, must explain how that individual has changed. I hope my Conservative colleagues are listening carefully. This will come as a surprise to them. I know they are not listening to me, but that is all right; at least it will be in the blues. Since 1976, 4,000 prisoners have been sentenced to life sentences. As of April 9, 2009, of the 265 applications submitted, 140 applicants had obtained a reduction in their parole ineligibility period.

This means that the 140 people in question obtained a reduction in the waiting period before they can apply to the parole board.

This brings us to the second step. They have convinced a jury. They jury has decided that the individual can apply to the National Parole Board in one, two or three years. It is up to the jury.

Then the individual goes before the parole board. My Conservative and Liberal friends who plan to vote for this bill should listen carefully; this is important. These are not my figures or the Bloc Québécois' figures; these are the National Parole Board's figures and they do not lie. Of the 127 applicants who were granted parole, 13 returned to prison, 3 were deported, 11 have died, one was out on bail, one was in temporary detention, and 98 were meeting their parole conditions. I think this bears repeating. I will set the record straight right now. We heard from people from the National Parole Board and the Department of the Solicitor General. They appeared before the committee and we asked them if any of the 13 people who returned to prison had returned for another murder, another manslaughter or another second degree murder. The answer is no. They all committed crimes like theft or shoplifting. Perhaps they failed to meet their parole conditions. Many Conservative and some Liberal members seem to think that when someone is granted parole, they sit at home, relaxing, with their feet up. That is not how it works.

The committee heard one of those individuals. What did we hear? All is not over for the 98 individuals who are on parole. Just remember what I was saying before. When someone is sentenced for first degree murder, they are sentenced to life. They are therefore on parole for as long as they are alive. For the rest of their days, the individual has to report to the parole board and has to stay on the straight and narrow and respect the law. Parole can be revoked at any time for a whole host of reasons.

I have pleaded similar cases and I know what I am talking about. For example, if an individual has to report to his parole officer every Tuesday at 9 a.m., and arrives at 9:30 a.m., a complaint will be filed and he will have to explain himself to the parole board. If he has to take training and does not show up for his classes, his parole is automatically revoked and he is returned to prison.

When the public is misled, those who spread the disinformation will get caught. And that is what is happening right now. What the current government is trying to do, probably with deliberate help from the Liberals, who are concerned about their dip in the polls when it comes to being tough on crime, is to destroy any faint hope an individual has of being released.

Bill C-36 proposes to fully eliminate the right of all offenders convicted of first or second degree murder or high treason to apply for early parole on the day the amendment comes into force.

What that means is that inmates will become violent because they will no longer have any hope. What happens in penitentiaries when inmates have no hope? I hope that certain Conservatives, and especially certain Liberals who are about to vote in favour of this bill, will take a tour of a penitentiary to see what is going on. Individuals make themselves available to other individuals, often organized gangs inside the penitentiary, and become hired killers. It does not bother them because they know they will never get out. Parole officers have told us they are worried about increased violence in the penitentiaries if Bill C-36 is passed. Those are not just my words.

What else do they want? They want to protect the parents of victims and have them appear before the parole board as few times as possible. I do not agree with that position. I would say to the parents of victims that it is false to claim that they will be made to relive the same crime over and over, because only those individuals who have been rehabilitated can file an application.

Quite often, individuals who file an application—I have at least four examples—have already met with the victim's family in order to apologize, to speak to them or to find some way to heal the pain they have caused.

I will close by stating that Bill C-36 is a very bad bill. The consequences will not be felt today or tomorrow, but in five or ten years. At that point it will cause harm because we will have crushed an individual's hope. We will never support that.

Criminal CodeGovernment Orders

November 23rd, 2009 / 1 p.m.


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Liberal

Marlene Jennings Liberal Notre-Dame-de-Grâce—Lachine, QC

Mr. Speaker, I did not say that the member had not done his homework. The member had stated that it was reported to him, so I informed him that the reports were incorrect.

If in fact the minutes of the November 16 meeting of the standing committee indicate what he has said, I will ensure that those minutes are corrected because every single member at that meeting knows very well that I did not vote on any of the questions that were put to the committee regarding Bill C-36, including whether or not the title should pass, whether the bill should pass, or whether 500 new copies should be printed. Therefore, I will see that those minutes are corrected to in fact reflect what took place in the committee.

I do not blame the member. He is quoting from what appears to be a perfectly valid transcript and based upon that, he made his statement in good faith, but I am informing the member that those transcripts are not correct. We have a meeting this afternoon. I will ask that they be corrected to reflect what actually took place, which is that the member for Notre-Dame-de-Grâce—Lachine did not vote on any of the votes on Bill C-36.

Criminal CodeGovernment Orders

November 23rd, 2009 / 12:55 p.m.


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Liberal

Marlene Jennings Liberal Notre-Dame-de-Grâce—Lachine, QC

Mr. Speaker, if the member actually read the transcripts of the justice committee, clause-by-clause voting, he would not see my name appear either in favour or opposed.

Therefore, when the member says that he has been told that I, the member for Notre-Dame-de-Grâce—Lachine voted against Bill C-36 at second reading, clause-by-clause, he has been misinformed.

I would beg the member, in future, not to repeat the same misinformation because I have seen members of the Conservative Party sitting in the House giving out misinformation, be corrected about it, and continue to repeat it as though they had never seen the actual facts shown to them and proven to them.

Criminal CodeGovernment Orders

November 23rd, 2009 / 12:50 p.m.


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Bloc

Marc Lemay Bloc Abitibi—Témiscamingue, QC

Mr. Speaker, I listened carefully to what my colleague had to say, and I would like to congratulate her on her speech, because what she said was accurate. I will talk about this in more detail when I speak in a few minutes.

I am a bit surprised, though, and that it what my question is about. In 1976, if memory serves—and I hope it does—the Liberals were in power. I believe that Mr. Trudeau was Prime Minister at the time, but I am not certain. If I recall correctly, the Liberals abolished the death penalty in Canada in 1976 and introduced the faint hope clause. I will come back to this in a few minutes in my speech.

I have a question for my colleague, who seems to be a lone voice among her Liberal colleagues, who will likely vote in favour of Bill C-36. I am looking for just one good reason why she should vote against it.

The party opposite should not talk about the victims. It does not understand the victims. We will talk about the victims later. I would like to know why the Liberal Party, which brought in the faint hope clause and knows how the system works, would vote for such a bill, which will take the last hope away from certain hand-picked inmates who have proven that they may be eligible for parole. I would like to understand.

Criminal CodeGovernment Orders

November 23rd, 2009 / 12:35 p.m.


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Liberal

Marlene Jennings Liberal Notre-Dame-de-Grâce—Lachine, QC

Mr. Speaker, it is a pleasure to speak on behalf of my party. I will state outright that my party, based on the recommendations of our justice critic, will support the legislation at report stage and third reading. However, I would like to make a few points.

It is becoming more disconcerting to listen to the Conservative government and its MPs use fallacious statements and facts in order to bolster its position. There are many times when all members of the opposition or one or another party of the opposition support a particular policy that the government has put forward. Yet the government seems to be unable to help itself in either quoting out of context, in order to put a false conclusion on it, or in giving misinformation. The best example of that was right during the last speech.

The Liberals will, as I said, support Bill C-36 at report stage and third reading. We have concerns about the legislation. However, we would like to stick to facts because we believe, if we are solid on the facts, that they will support whatever conclusion or policy a government or a party puts forward and that there is no need to quote fallacious information, or to misquote people or to take things out of context in order to bolster one's position. That is inherently dishonest. If one is convinced of the rightness of one's position or the solidity of one's position, then there is no reason to undertake that kind of argument.

Bill C-36 would repeal section 745.6 of the Criminal Code, known as the faint hope clause. That section is applicable to offenders who have been sentenced to life imprisonment without possibility of parole for 25 years. Under that section, those offenders can apply at the 15-year mark of their sentence for an earlier parole eligibility date. There is a process that has been put into place. It initially began in the 1970s. In 1997, under the previous government, it was tightened up.

The judicial review for an earlier parole date is not a paper review. It is not simply a question of rehashing whatever evidence was put in before a court on the original charges of first degree or second degree murder, depending on which charge it is, or high treason. For members of the governing party to claim that it is, is simply not true and does not bolster their case. In fact, it weakens their position because it makes people then suspicious about every other statement of so-called fact and just how valid it is.

In fact, the current process is that at the 15-year mark of having served a first degree life sentence without possibility of parole until 25 years has been served, offenders can apply for an earlier review as to whether they are eligible for an earlier parole. That application form is quite substantive and unwieldy, as has been testified to before the committee by justice and public security officials, by Correctional Service Canada and by various groups, psychiatrists, criminologists and offenders themselves. One person who benefited from that clause came before us and explained the conditions and the process.

As was rightfully explained by the first member of the Conservative Party who spoke to this, the standard of proof that a judge on a judicial review of this application has to base his or her decision upon is that proof has been established that there is a reasonable prospect of success.

If the judge is of the opinion that this standard has been met, the judge then orders that a 12-member jury be constituted. That jury does not simply look over the evidence of the previous trial that led to the first degree murder conviction, but actually hears from witnesses. It hears from the offender. It hears from the victim's family and relatives, should they wish to testify. It hears from the members of the Correctional Service of Canada who have seen and handled this offender, and who will come to testify as to the conduct of the offender since.

When the member for Oak Ridges—Markham claims it is a paper review, that member is being disingenuous and does not bolster the case of the government. It actually weakens the government's case because it then leads people to believe that the government is trying to hide something. I would urge the members opposite not to be disingenuous, but simply to base their arguments for the bill on the facts.

What are the facts? The facts are that the overwhelming majority of offenders sentenced to life imprisonment without possibility of parole for 25 years for first degree murder, or 15 years served for second degree murder, do not even apply. They do not apply because they know they do not even meet that lower standard that exists right now, which requires a “reasonable prospect” of success.

Clearly, if the overwhelming majority do not meet the lower standard, it is clear that even fewer will meet the higher standard that Bill C-36 puts into place, which requires a “substantial likelihood” that a jury would unanimously approve the request for a hearing for earlier parole.

There is no reason for the members opposite to obfuscate the facts. That is my first point.

My second point is that it repeals the faint hope clause for those offenders who will be found guilty after the bill receives royal assent. For those who are currently serving, or will have been convicted and have begun serving their sentence prior to the day of royal assent, they will still benefit from Section 745.6 of the Criminal Code. So it is very important that the members opposite do not attempt to play a hoax on most victims.

The minister came before committee and basically said that the reason he was bringing the bill forward was to ensure that no victim's family would ever have to relive testimony, et cetera. I asked him if there was a retroactive effect to this legislation, and he answered honestly, thank goodness, that no, it would only be repealed going forward. Therefore, I said to him that in fact the family members of victims who have already been murdered, and for whom the murderer has already been found guilty of first or second degree murder, will likely continue to have to face the prospect of testifying, should the offender apply under the faint hope clause. To that point, the minister said yes.

I beg the minister to please stop obfuscating the truth. What he should have said was that he was unable to garner a sufficiently strong argument to justify retroactive application of section 745 and, therefore, he has tightened up the possibility of limiting the application time of those offenders for whom section 745.6 will continue to apply, and has provided more security and certitude for the family members of victims.

I find it amazing that as a member of the official opposition, I am having to provide the government members with solid arguments to justify the government's own legislation because they have not done their homework. I am finding that is the case more and more.

We asked the commissioner of the Correctional Service of Canada for information, which was supposed to have been brought to the committee beforehand. That information dealt precisely with the actual statistics, whether or not anyone who had benefited from the faint hope clause had in fact gone on to reoffend and commit murder again, first or second degree, or high treason. We asked because those are the only charges to which the faint hope clause actually lends itself to a review and the possibility or faint hope of early parole. I have yet to see that information.

I cannot believe that the Correctional Service of Canada does not have that information, but I have not seen it. I have to question whether or not my colleagues from the Bloc and NDP who sit on the justice committee received that information. It would be curious to note whether or not the Conservative members who sit on that committee received that information.

I am offended when I am being asked to evaluate, study and review proposed government policy and legislation and the government does everything it can to keep information from members of the committee and parliamentarians. It does not bolster the government's case at all. It lends itself to making other parliamentarians less open to even listening to the government when it comes up with other new policies, because past behaviour is, in many cases, a predictor of current and future behaviour.

We have seen how the government has absolutely no qualms about misinforming people and taking information out of context, and when confronted about it, refusing to even acknowledge it was in the wrong. Then one has to call into question the government's good faith, because if someone unknowingly misquotes or quotes something out of context and it is brought to his or her attention, if that person has good faith, he or she will publicly apologize for getting it wrong. I have yet to hear this government or any of its members apologize when they have been confronted clearly with misinformation or misquotes.

The government has proposed repealing the faint hope clause after royal assent of the bill for anyone who is convicted of first degree murder, second degree murder, and high treason. Liberals will be supporting that. The government could not make it retroactive, and even on that I have concerns whether or not that was the case, because I have asked the question already. The minister did not table any legal opinions that would have demonstrated that a constitutional case could not have been made to make the repeal retroactive. I asked that question because I know this very well from when I was parliamentary secretary to the then solicitor general, now the public safety minister portfolio. At that time, when we were looking at creating a national sex offender registry, the proposed legislation first brought to us by the departmental officials was not retroactive.

At that time, I said that in my view there was a solid constitutional argument that would withstand a charter challenge and allow us to make the sex offender registry retroactive. I asked the officials to go back and do their homeworker. I did my own homework on the jurisprudence et cetera. When they came back, the Department of Justice officials admitted there was a solid argument that would allow the creation of a retroactive sex offender registry that would withstand a court challenge.

I asked the minister whether or not that work had been done for this particular legislation, and while he said yes, he also refused to provide any kind of documentary evidence, legal opinion, or research, et cetera, showing they could not make it retroactive in this case.

I have said all I need to say on this matter.

Criminal CodeGovernment Orders

November 23rd, 2009 / 12:20 p.m.


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Conservative

Terence Young Conservative Oakville, ON

Mr. Speaker, I want to thank the member for Oak Ridges—Markham for sharing his time with me today.

It is my pleasure to speak in strong support of Bill C-36, amendments to the Criminal Code that will put an end to the faith hope regime.

Saturday morning was Oakville's Santa Claus parade. I rode in a convertible with Frosty the Snowman, erstwhile Sheridan College student, Jaclyn Seer, as thousands of joyous adults and children waved and cheered along the curbs.

Towards the end we passed a police officer holding his radio microphone while he was chatting with another. “Look what I picked up”, he commented to the other officer. Alongside was a little boy about eight years old, still smiling, with a red foam ball attached to his nose, part of his Rudolph costume, apparently waiting for the officer to find his parents. I immediately wondered what might be going through his parents' minds. No doubt it would be worry that would grow exponentially as time passed, sadly with good reason.

I thought back to when I was a child in the 1950s and early 1960s. Even in Toronto, Canada's largest city, parents could allow their children to go out and play in the parks without fear, without fear they would be kidnapped, tortured or murdered. Today that is not true. Parents have to actually train innocent children against stealthy predators, both male and female. Tragically sometimes the predators still succeed.

I have to conclude that past governments have simply not done their best to protect our children and other vulnerable people. They have spent more time and effort worrying about the criminals in the system. As we passed that officer and little boy, I thought about why the people of Oakville sent me to Parliament. The first duty of any government is to protect its people, especially vulnerable people. That is my first duty to my constituents in Oakville. By voting for this bill, I am fulfilling that first duty.

Bill C-36 will ensure that those who commit the serious crimes of murder and high treason will serve the time that was imposed on them by the court that heard their case, serious time for serious crime, instead of getting some special break after 15 years and a paper review.

This means under this government many of our most dangerous criminals will be off our streets for 10 years longer, and others will think twice about their criminal plans. This will be real deterrence.

It is important to note that these are not troubled teens who stole a car to go for a joyride. They are not people who broke the law by mistake. They are the worst of the worst, people who have planned and carried out the worst crimes against innocent victims, crimes that are so horrible people would not even discuss them in front of children.

The faint hope clause was conceived in 1976 as a wish, an experiment by Liberal Justice Minister Warren Allman. It was supposed to provide an incentive for long-term offenders to rehabilitate themselves and at the same time increase security in prisons. It was good for the criminals but bad for the victims and their families.

I have heard some of the members opposite talk about studies that supposedly show that longer prison sentences do not deter crime, but how are these studies done? They are carried out by interviewing the people who have demonstrated they lack morals and have the highest motivation to lie, the criminals themselves, or they use selective statistics or they quote figures from the U.S., a largely different culture, regarding poverty, guns and crime.

Of course longer sentences reduce crime. The police and crown attorneys who deal with violent criminals will tell us that murderers are generally very well aware of the penalties they face if caught. Time in prison is what it is all about for these people. It is our most important tool in the justice system. The faint hope clause is a way that the worst criminals try to beat the system one more time. This is to say nothing of the huge cost to the taxpayers of the reviews and the hearings.

From victims' statements it is clear that the average person can only imagine the fear that the victim's families bear year after year that the person who murdered their loved one will obtain early release and kill again, or the continuing nightmare that they may one day meet the criminal face to face on the bus or in a lineup for a movie.

They have another dread, that one day after 15 years they will receive a letter in the mail requiring them to relive their terror and grief in order to make sure the criminal who stole the life of their loved one serves the full sentence he or she was given, because Parliament decided over 33 years ago to allow criminals to revisit that crime and sentence every two years. Why is that so? Is it because the perpetrator has been well-behaved in prison and he or she wants out?

There is no parole for the families. There is no early release for murder victims. The Liberal minister, who first introduced this clause in 1976, was concerned about the waste of the offender's life being in prison for 25 years, but where was the concern for the wasted life of the victim when the murderer chose to snuff it out? Who cared that the families were asked to relive their nightmares, in some cases every two years, by appearing at hearings for these criminals to tell their tragic stories over and over, effectively preventing them from leaving their pain behind and having any kind of closure?

Those of us in the Conservative Party care. There is an old expression that a Liberal is a Conservative who has not been mugged yet. There is an essential truth to that expression. Victims of violent crime on the whole have a vastly different view of crime and sentencing than those who have never been a victim. They see things much differently. That is because they have had the joy sucked out of their lives, at least temporarily, and their eyes are open. For some of them, life is never the same.

People who have looked into the eyes of a serial murderer or rapist and lived offer a unique perspective on a criminal's claim that 15 years in prison will change the criminal sense of right and wrong. All criminals want is for everyone to forget about their crimes. All the families of the victims want is for everyone to remember it. For justice, pick one.

The NDP member for Burnaby—Douglas claims that the system is working because, from 1997 to 2009, of 991 criminals who were eligible under this clause, only 131 were released and only four of them were caught in a similar crime. How incredibly naive that is. That statement is based on the ridiculous assumption that all crimes are solved and that all criminals are caught. Yet, we know there have been 3,400 unsolved murders in Canada since 1961. Over 500 native women have vanished in the last 30 years.

Clifford Olson was convicted for killing 11 children. Tragically, we have serial killers in Canada. Why would any clear-thinking person assume that the 101 faint hope parolees still out there are all perfectly reformed? When the time came to decide if Clifford Olson could apply for parole, however unlikely it was that he would get it, literally thousands of family members of those children and of those 500 missing women suffered a new man-made cruel and unusual punishment, this process of faint hope, as they relived their own losses.

We are keeping our promise to get tough on crime and hold offenders to account. If passed, Bill C-36 will bar all future murderers from applying for faint hope. This will effectively repeal the entire regime.

We in Parliament are tasked and trusted to protect vulnerable people. Each of us in this place asked for this trust and we must fulfill it. It should make no difference that the prison is in an unpleasant place. Our priority must be victims and their families and deterring violent crime.

I believe every member of the House should vote on the bill with one question in mind. If it were my child or spouse who was raped and murdered, how would I vote? We owe our constituents the same level of protection we would provide for our own families and nothing less.

Criminal CodeGovernment Orders

November 23rd, 2009 / 12:10 p.m.


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Conservative

Paul Calandra Conservative Oak Ridges—Markham, ON

I thank my colleagues, Mr. Speaker.

In 1999 the Criminal Code was amended again in response to the concerns set out in the report of the Common's Standing Committee on Justice and Human Rights entitled “Victims' Rights--A Voice, Not a Veto”.

As a result, under Section 745.01 a judge sentencing someone convicted of first- or second-degree murder or high treason must declare, for the record and for the benefit of the surviving victims or their representatives, the existence and nature of the faint hope regime.

Given the controversial history of the faint hope regime, the rationale for Bill C-36 is very simple. Allowing convicted murderers a chance, even a faint chance, of getting early parole flies in the face of truth in sentencing. With its alternate title, this bill indicates that truth in sentencing means that those who commit the most serious of crimes must do the most serious time.

This is what the proposals in Bill C-36 aim to do. They aim to restore truth in sentencing for murderers and to protect society by keeping potentially violent offenders in prison for longer periods of time.

I am pleased to note that Bill C-36 would fulfill a long-standing commitment of the government to repeal the faint hope regime for future offenders and to tighten up the current application procedure in the interests of families and loved ones of murder victims.

Bill C-36 would bar all those who commit murder or high treason after the legislation comes into effect from applying for faint hope. In effect, the faint hope regime will be repealed for all those who commit murder in the future.

Bill C-36 would also toughen further application processes for those already sentenced as lifers with the right to apply for faint hope by setting a higher judicial screening test. From now on, a judge will have to be satisfied that there is a substantial likelihood that a jury will unanimously agree to reduce an applicant's parole ineligibility period. Moving from a reasonable prospect to a substantial likelihood will likely screen out the most undeserving applications.

There are also longer waiting periods for reapplication in the event of an unsuccessful initial faint hope application, a minimum five years instead of the present two.

Most important, Bill C-36 would impose a new three-month time limit for an offender to apply or reapply under the faint hope regime. The three-month time limit would apply in the following situations.

First, it would apply to those offenders who have served at least 15 years of their sentence and have not yet applied. There are many offenders in prison now who have served 15, 16, 17 or more years but who have not yet applied. These offenders will have to make an application within three months of the coming into force of the legislation or wait an additional five years.

Second, it would apply to those offenders who are now serving a sentence but who have not yet reached the 15-year mark. For example, they may have served four years, eight years, or ten years when this bill passes. At exactly the 15-year point in their sentence, all of these murderers will have three months within which to bring an application.

There is also a new five-year waiting period during which an offender may not apply at all if he or she does not apply to a judge within the three-month time limit.

These new longer time limits are explicitly designed to reduce the number of applications that someone may make, in order to spare the families and loved ones of their victims from having to rehash the details of the crime every time a particular applicant applies for faint hope.

In closing, Bill C-36 would eliminate the faint hope regime for all future murderers and would ensure that murderers now in prison would have a much tougher time accessing the regime.

None of these substantive aspects of Bill C-36 have been amended in any way by the standing committee. As I mentioned earlier, there are a few highly technical amendments that have no impact whatsoever on the substantive provisions that I have briefly described.

The reforms to the faint hope regime proposed in Bill C-36 will accomplish two worthwhile goals: first, they will allow us to meet the concerns of Canadians that murderers do the time they have been given and stay longer in prisons than they do now; and second and equally important, they will help ensure that families of loved ones and murder victims are not forced to rehear the details of these crimes every two years as they are sometimes required to do under the current regime.

I support this bill and call on all members of the House to do so as well.

Criminal CodeGovernment Orders

November 23rd, 2009 / 12:05 p.m.


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Conservative

Paul Calandra Conservative Oak Ridges—Markham, ON

Mr. Speaker, I am pleased to speak to Bill C-36 now that it has been reported back to this House by the Standing Committee on Justice and Human Rights.

Bill C-36, the serious time for the most serious crime bill, will amend the Criminal Code to repeal the so-called faint hope regime for all those who commit murder after the legislation comes into force. Importantly, it will also toughen the procedural requirements to make a faint hope application for the approximately 1,000 already convicted murderers now serving life sentences in Canada's prisons who presently have the right to apply for faint hope, or who will have the right to do so after serving 15 years.

I am pleased to note that after hearing from several witnesses, the standing committee reported Bill C-36 back to the House with but a few technical amendments that will better harmonize the English and French versions of the bill.

Allow me to recap the nature of the substantive Criminal Code amendments contained in Bill C-36 for the benefit of hon. members.

As most hon. members are aware, high treason and first and second degree murder are all punishable by life imprisonment with the right to apply for parole after a stipulated period of time. Section 745 of the Criminal Code stipulates that the earliest possible parole eligibility date for those convicted of first degree murder and high treason is 25 years. It is also 25 years for second degree murder, where the murderer has been convicted of a prior first or second degree murder, or of an intentional killing under the Crimes Against Humanity and War Crimes Act. Otherwise, the parole ineligibility period for second degree murder is automatically 10 years and can be up to 25 years as determined by the judge under section 745.4 of the Criminal Code.

Serving up to 25 years in prison without being eligible for parole is obviously a very long time and it is deliberately so, for murder and high treason are two of the most serious crimes in Canada's Criminal Code. Nonetheless, the faint hope regime provides a mechanism for offenders to have their parole ineligibility period reduced so that they serve less time in prison before applying to the National Parole Board for parole.

The current faint hope process is set out in section 745.6 and related provisions, and has three stages.

First, an offender must convince a judge from the jurisdiction in which he or she was convicted that the application has a reasonable prospect of success. The courts have already told us that this is not much of a hurdle and almost all applications are eligible to go to the next stage.

Second, if the judge is convinced, the applicant can bring the application to a jury of 12 ordinary Canadians, whose role is to decide whether to reduce the applicant's parole ineligibility period. This decision must be a unanimous one.

Third, if the applicant is successful with the jury, he or she may apply directly to the National Parole Board. At that point, the applicant will have to convince the board that, among other things, his or her release will not pose a danger to society.

The faint hope regime has been around since 1976 when capital punishment was abolished. The data indicate that between 1976 and the spring of this year, there have been a total of 265 faint hope applications. That is an average of eight applications a year. Of the 265 applicants, 140 obtained reductions in their parole ineligibility periods. Thus, 103 applicants with 25 year ineligibility periods obtained reductions of 1 to 10 years, and 37 applicants whose ineligibility periods ranged from 15 to 24 years obtained reductions of 1 to 5 years.

Ultimately, the National Parole Board granted parole to 127 applicants. In short, nearly half of the 265 faint hope applicants were ultimately granted parole before the expiry of the parole ineligibility period imposed on them at the time of sentencing.

The existence of the faint hope regime and high success rate of applicants has led to a great deal of public concern, particularly among victims' advocate groups. This has in turn led to a series of amendments to restrict access to the faint hope regime and to make better arrangements for the needs of the families and the loved ones of murder victims.

Thus, government amendments to the faint hope regime in 1995, which came into force in January 1997, toughen the application procedure, first, by entirely barring multiple murderers from applying if one of the murders occurred after the coming into force date of the legislation; second, by requiring a judge to conduct the review already mentioned whereby the applicant must show a reasonable prospect of success before the applicant may go to the jury; and third, by setting the high standard of jury unanimity that I have already mentioned before the applicant's parole and eligibility period may be reduced.

I wonder if I might ask for unanimous consent to share my time with the member for Oakville. I neglected to do that at the beginning of my speech.

The House resumed consideration of the motion that Bill C-36, An Act to amend the Criminal Code, be read the third time and passed.

Business of the HouseOral Questions

November 19th, 2009 / 3:05 p.m.


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Prince George—Peace River B.C.

Conservative

Jay Hill ConservativeLeader of the Government in the House of Commons

Mr. Speaker, today we will continue with Bill C-57, Canada-Jordan Free Trade Act.

If we were to complete that, I would intend to call Bill C-23, Canada-Colombia Free Trade Agreement Implementation Act. I would point out to my colleagues that this bill has already received more than 30 hours of debate in the House and yet the NDP and the Bloc continue to delay the proceedings and hold up this agreement that would create new business opportunities for Canadians from coast to coast.

As I indicated this morning, tomorrow will be an allotted day.

Next week we will once again focus on our justice agenda beginning with the report and third reading stage of Bill C-36, An Act to amend the Criminal Code followed by Bill C-31, An Act to amend the Criminal Code, the Corruption of Foreign Public Officials Act and the Identification of Criminals Act and to make a consequential amendment to another Act. Then we will have Bill C-54, Protecting Canadians by Ending Sentence Discounts for Multiple Murders Act; Bill C-55, An Act to amend the Criminal Code, the response to the Supreme Court of Canada Decision in R. v. Shoker act; Bill C-19, An Act to amend the Criminal Code (investigative hearing and recognizance with conditions); Bill C-53, Protecting Canadians by Ending Early Release for Criminals Act and finally, Bill C-35, Justice for Victims of Terrorism Act. All of these bills are at second reading.

On the issue of a NAFO debate, I would remind the hon. House leader for the Liberal Party that is what opposition days are for.

Justice and Human RightsCommittees of the HouseRoutine Proceedings

November 17th, 2009 / 10:05 a.m.


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Conservative

Ed Fast Conservative Abbotsford, BC

Mr. Speaker, I have the honour to present, in both official languages, the 13th report of the Standing Committee on Justice and Human Rights.

In accordance with the order of reference of Thursday, June 18, the committee has considered Bill C-36, An Act to amend the Criminal Code, and agreed on Monday, November 16, to report it with amendment.

Criminal CodePrivate Members' Business

October 22nd, 2009 / 6 p.m.


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Conservative

Kevin Sorenson Conservative Crowfoot, AB

Mr. Speaker, I also consider it to be a real pleasure to stand in this place and debate Bill S-205. It started in the Senate. It has already been mentioned, but I thank Senator Grafstein for drafting this bill.

I also specifically want to thank our member for Saskatoon—Rosetown—Biggar. Very seldom do we have the opportunity to work together. That member of Parliament sponsored this bill to come forward in this House. As we have seen today, she has been able to work with all members of the House to bring us together and have a consensus on this one bill. As a new member of Parliament, she has shown us that she works hard. Bringing forward a bill like this one is significant and I wanted to commend her for doing that.

I am pleased to support this bill. It proposes to specifically include suicide bombing in the definition of “terrorist activity” in the Criminal Code. This bill would add a for greater certainty clause, after section 83.01 of the Criminal Code, which would specify that suicide bombing comes within paragraphs (a) and (b) of the definition of “terrorist activity” when committed in the context of a terrorist activity.

As has already been talked about, this bill has had a long history in the Senate. It has been introduced four times from 2005 to 2008, but all previous versions of the bill died on the order paper. That is one of the things about a minority government. It seems that we are having so many elections. So much good legislation ends up dying on the order paper. One version, Bill S-210, was passed by the Senate on June 16, 2008.

I recognize that the current definition of “terrorist activity” contained in the Criminal Code already implicitly encompasses suicide bombing when committed in the context of terrorism. If we look at the definition of “terrorist activity” in the code, it incorporates criminal conduct as envisioned by the International Convention for the Suppression of Terrorist Bombings, which is one of the United Nations' counterterrorism conventions. The second part of the definition includes terrorist activity which intentionally causes death or serious bodily harm or endangers a person's life. However, it is also true that the words “suicide bombing” are not expressly mentioned in the present definition of “terrorist activity”. There is considerable support for the specific criminalization of suicide bombing as part of the terrorist activity defined in the code.

Canadians Against Suicide Bombing, a Toronto-based group led by a former judge, has been particularly supportive of the objectives behind Bill S-205. The group established an online petition in support of the bill. Many prominent Canadians from all walks of life have signed an open letter of support for this bill.

I have had the pleasure of serving in Parliament for nine years. As the elected representative of the constituency of Crowfoot in Alberta, I have served in a number of different capacities in my parliamentary duties. Right now, I have the pleasure of chairing the House of Commons Standing Committee on Foreign Affairs and International Development.

One of the opportunities that I have as the chair of the foreign affairs committee is to sit down with ambassadors from many different countries. In the last couple of days, I had the pleasure of sitting with the high commissioner from Pakistan. I think that everyone in the House understands what Pakistan is facing today. Pakistan is facing a barrage from the Taliban and terrorist groups there. We commend Pakistan on the way it is standing up to that direct line of fire, in some cases as its military goes in to try to rid the country of terrorist activity.

The topic he brought to my attention was the fear in which many people in that country live, not out on the battlefield, not in the valleys or up in the hills as they go after the Taliban or al Qaeda or other terrorist groups, but the fear in the malls and shopping centres because of terrorist activity in the towns and cities, in Islamabad and in other places, the fear of suicide bombers.

We see this more and more around the world. We see it in Iraq. We see the huge fear in Israel where people go through a metal detector before going into a mall. Their bags and backpacks are checked before they go into a shopping mall. Why? Because they have a fear of terrorist bombing. We see it in places like Pakistan and obviously in Afghanistan, where we have lost many, many troops to roadside bombs, but also to suicide bombers.

Among other things, we have studied the impact of suicide bombing in our mission in Afghanistan. Brave Canadian men and women are being targeted by suicide bombers. They see the vehicle coming toward them. They look at the eyes of the person and they watch as the person reaches into his pocket to detonate the explosives that blow up the vehicle and ignite many other explosions. We are losing far too many people from that.

I have also had the pleasure of serving as the opposition critic for public safety and emergency preparedness when we brought forward Bill C-36, the anti-terrorism bill. Again, so much of our committee time is taken up talking about the suicide bombers in many of these countries.

A number of years ago I served as the vice-chair of the subcommittee on national security. That was another committee that spent so much time concerned with bringing forward and helping to draft legislation, influence legislation that would address issues like suicide bombing. I do not want to read my resumé; that is not what I am trying to do here. But I am trying to point out that this place has been dealing with criminal and national security issues in many different committees. We are dealing with issues like the suicide bombing and it is taking up a lot of energy and a lot of time here in the House.

The main thing I learned, which is applicable in our debate today, is that when a person, a community, a nation or even the international community is threatened by violence, we have to do something about it. For that again I commend our senator and I commend our minister, I mean our member for Saskatoon—Rosetown—Biggar--I called her a minister; she is a member, but I think someday she will be a minister--for bringing this forward.

That is what Bill S-205 is accomplishing. The bill is doing something about suicide bombing. It is specific and that is what I like about it. That is why I support it. That is why I am very pleased to look around this place and see every party pledging their support for the bill.