Bill C-42 (Historical)

Ending Conditional Sentences for Property and Other Serious Crimes Act

An Act to amend the Criminal Code

This enactment amends the Criminal Code to eliminate the reference, in section 742.1, to serious personal injury offences and to restrict the availability of conditional sentences for all offences for which the maximum term of imprisonment is 14 years or life and for specified offences, prosecuted by way of indictment, for which the maximum term of imprisonment is 10 years.

Ending Conditional Sentences for Property and other Serious Crimes Act

[Ed Fast, Conservative, Abbotsford, BC]

Mr. Speaker, if he would not heckle, as he is doing right now, and actually listen to my response, as I did to his, he would actually learn something.

I quoted from some six or seven cases which point out that people who exploit children and make efforts to use the Internet to do the same are still getting sentences which are not serious enough when compared to the crime involved. These are individuals who are luring our children with the intent to hurt them and to change their lives forever, yet they get the opportunity to serve their sentences in the comfort of their homes, when in many cases the children they impact will be affected forever or will need therapy for many years to come.

[Don Davies, NDP, Vancouver Kingsway, BC]

Mr. Speaker, New Democrats want safe communities in our country. New Democrats want to protect victims of crime. New Democrats want to ensure there is a proper justice system in the country. One of the big myths of politics right now is that the Conservatives think that they are the only party in the country that cares about people who are hurt by crime. That is simply not true. I wish the member opposite would quit repeating that because he knows it to be false.

That is why the New Democratic Party voted to toughen up gun crimes. We have voted to add more police officers in the country. Those are our votes for which I do not hear him give us any credit. In fact, many members in our party want to stand up for a gun registry that his party wants to eliminate, a gun registry that the Canadian chiefs of police do not want eliminated.

I agree with my friend that there are serious crimes for which condition sentences are not appropriate. However, theft over $5,000, swearing a false testamentary instrument are also crimes in his bill that would not qualify for a conditional sentence. Does he think that swearing a false testamentary instrument is never an appropriate crime for which a conditional sentence would be appropriate?

[Ed Fast, Conservative, Abbotsford, BC]

Mr. Speaker, first, he has his facts all wrong. I will quote from his testimony yesterday in the House where he suggested that crimes such as luring and other serious crimes, which are listed specifically in Bill C-42, would never draw conditional sentences. He said, “I would challenge him”, referring to me, “to come up with some data that shows that those are the sentences that judges are giving conditional sentences on. I highly doubt it”. He should be doubting it now.

Then he goes on to say, “I would challenge my friend to make good law by going back to the drafting table and coming back with a bill that targets certain kinds of offences that he would like to take out of conditional sentencing”. That is exactly what the bill does. He obviously has not read the bill. There is a long list of serious offences that are outlined in the bill for which house arrest and conditional sentence will no longer be available.

The member claims that his party supports making safer and more secure communities in Canada. In fact, the NDP record does not support that statement. When we look at the NDP's record in the House, consistently those members have voted against our criminal justice reforms that have one focus, and that is to make our communities and our neighbourhoods safer for Canadians.

[Shelly Glover, Conservative, Parliamentary Secretary for Official Languages]

Mr. Speaker, I commend my colleague for his passionate plea to the members of parties opposite because this is a very serious situation in Canada. I spent almost 19 years policing and dealt with many cases involving children who were lured on the Internet, by people I deemed to be a severe danger to the public safety and to safety of our children.

I know one of the members opposite asked for some clarification, and I intend to give it to him, with regard to repeat offenders who serve conditional sentences, which I call house arrest. I will clarify for his benefit because it was a question that was asked. I personally have chased a number of these repeat offenders who were sentenced to house arrest and it was terribly offensive to the victims and terribly time-consuming for police officers across the country to have this revolving justice door of continual, perpetual injustice.

When we are talking about the luring of children, could the member describe what victims have said about wanting this to be made law to prevent house arrest?

[Ed Fast, Conservative, Abbotsford, BC]

Mr. Speaker, my colleague has been a welcome addition to our Conservative government since her election in 2008. She has a policing background and is highly knowledgeable in that area, so she knows of what she speaks. She is absolutely correct. It is the victims of sexual crimes, especially children who have been lured out of their homes and sexually molested. Those are the cries to which that the Conservative government is listening. Those victims are contacting us.

When I was tabling and debating my luring bill in the House, which thankfully received unanimous support, victims groups from across Canada were contacting me and asking how quickly the bill could be passed.

There is another aspect to this. Bill C-42 includes human trafficking. No longer will conditional sentences and house arrest be available for those who traffic in human beings. I am shocked the NDP would oppose tougher sentences for human traffickers. The Bloc, most shockingly, actually voted against a private member's bill introduced by my colleague from Winnipeg, which would impose a mandatory minimum prison sentence of five years for those who traffic in children. The Bloc had the gall to vote against protecting the most vulnerable within our society, our precious children. Shame on them.

[The Acting Speaker, Barry Devolin]

The hon. member for Abitibi—Témiscamingue for a very brief question.

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

Mr. Speaker, my question will be very brief. There are two basic philosophies that clash with one another regarding Bill C-42, and in a few moments I will have the opportunity to explain our philosophy here on this side of the House.

I have a question for my colleague. Has he ever argued cases in which conditional sentences have been requested?

I asked him earlier. Has he ever litigated such cases in his career?

[Ed Fast, Conservative, Abbotsford, BC]

First, Mr. Speaker, the hon. member prefaced his question by suggesting this is a case of two philosophies. This is not about two philosophies. It is about protecting our children, the most vulnerable in our society.

To get to the hon. member's question, he very well knows, because we are both on the justice committee, that I served 24 years as a lawyer in my community, doing commercial and corporate law. Obviously I never prosecuted a case, but I certainly kept on top of the issue.

Thank goodness we have a government in Canada that takes the claims of victims seriously and does something about them.

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

Mr. Speaker, personally—

[The Acting Speaker, Barry Devolin]

The member for Elmwood—Transcona on a point of order.

[Jim Maloway, NDP, Elmwood—Transcona, MB]

Mr. Speaker, I thought I heard the member from the government side make reference to the fact that the NDP did not support the human trafficking bill of the member for Kildonan—St. Paul. I want to point out to him that is totally inaccurate. Almost the entire caucus of the NDP supported that government member's bill.

[Ed Fast, Conservative, Abbotsford, BC]

Mr. Speaker. In fact, the member for Elmwood—Transcona is incorrect. I referred to the NDP opposing our criminal justice legislation on a regular basis, but I specifically referred to the Bloc when talking about my colleague from Winnipeg's bill on child trafficking, which it did oppose.

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

Mr. Speaker, I am pleased to rise here today to speak to this issue. The issue before us—

[Don Davies, NDP, Vancouver Kingsway, BC]

Mr. Speaker, I rise on a point of order. I will go back to the hon. member's previous question. I was in this chamber eight minutes ago when I heard the member for Abbotsford distinctly say, before he talked about the Bloc, that members of the New Democratic Party voted against—

[The Acting Speaker, Barry Devolin]

Order, please. On this point of order and the previous one, I believe the member for Abbotsford has clarified his point of view.

Resuming debate, the hon. member for Abitibi—Témiscamingue.