Bill S-4 (Historical)

An Act to amend the Criminal Code (identity theft and related misconduct)

This enactment amends the Criminal Code to create offences of identity theft, trafficking in identity information and unlawful possession or trafficking in certain government-issued identity documents, to clarify and expand certain offences related to identity theft and identity fraud, to exempt certain persons from liability for certain forgery offences, and to allow for an order that the offender make restitution to a victim of identity theft or identity fraud for the expenses associated with rehabilitating their identity.

[Tilly O'Neill-Gordon, Conservative, Miramichi, NB]

The more and more we listen to witnesses talk about identity theft, the more I, as an individual, and anybody in my constituency, I would say, should come to realize how important it is that they keep their own information very confidential and work to prevent this identity theft, which can be on a rampage all the more with all this new technology, I suppose.

This question is for the Canadian Human Rights Commission. In January 2010, Bill S-4, An Act to amend the Criminal Code (identity theft and related misconduct), passed and added new Criminal Code offences that target the aspects of identity theft.

What impact did the introduction of these new offences have on affected organizations and government institutions in charge of law enforcement? Did that have any effect on them?

[Laurie Hawn, Conservative, Edmonton Centre, AB]

Bill S-4 came into force in 2010, which added some new Criminal Code offences that target aspects of identity theft, some that were not, up until then, covered in the legislation. Has that had a positive impact at all on the ability to prosecute those kinds of things, that you're aware of? Now, the numbers obviously will continue to go up just because of volume.

An Act to amend the Criminal Code (personating peace officer or public officer)

[Robert Goguen, Conservative, Parliamentary Secretary to the Minister of Justice]

Mr. Speaker, I am pleased to speak today in support of Bill C-444, an act to amend the Criminal Code (personating peace officer or public officer).

The bill is basically identical to the previous bill, Bill C-576, which died on the order paper when the last Parliament ended.

Bill C-444 was reported without amendment from the House of Commons Standing Committee on Justice and Human Rights on April 24, 2013.

The bill deals with the existing offence of personating a peace officer or public officer. Specifically it would make it an aggravating factor on sentencing if the offence of personating a peace officer or public officer was committed for the purpose of facilitating another offence.

Prior to 2009, pretending to be a peace officer or public officer was a straightforward summary conviction offence. At that time it carried a maximum of six months in prison, a maximum fine of $5,000 or both.

In 2009, this government hybridized the offence and increased the penalty to a maximum of five years when prosecuted on indictment, in former Bill S-4, also known as the identity theft bill. That legislation came into force on January 8, 2010.

The maximum sentence of five years reflects the fact that the offence only requires that a person pretend to be a peace officer or public officer. It does not require that they have a specific malicious purpose for doing so or that they accomplish something malicious by doing so.

Some people may impersonate the police for the thrill of feeling powerful or for other relatively minor objectives, such as obtaining information or gaining access to a place. Simply pretending to be a peace officer or public officer so that others may believe that person is in fact one, without any other motive, is enough to result in a conviction. Such cases may still be dealt with by way of summary conviction proceedings, based on the Crown prosecutor's assessment of all the relevant circumstances.

However, the five-year maximum penalty enacted in 2010 ensures that law enforcement and Crown prosecutors have the tools to appropriately address serious incidents of this behaviour, preserving public confidence in our peace officers and public officers.

Police personation can be closely associated with other offences. It can, in fact, be used as a tool to make the commission of other offences easier. Because we live in a society where most citizens are trusting of the police, members of the public may acquiesce to the authority of someone they believe to be a police officer or a public officer. The exploitation of citizens' trust in the police demonstrated by this kind of situation is the most troubling form of offence. It is especially deserving of condemnation by sentencing courts, as well as by Parliament.

This is precisely the situation that Bill C-444 targets. Bill C-444 would make it a mandatory aggravating factor on sentencing for the crime of personating a peace officer or public officer if the offence was committed for the purpose of facilitating the commission of another offence. It is frightening even to imagine how people could be influenced to comply with directions or the assertion of authority by someone they believed to be a police officer.

We are taught from our earliest interactions with our parents and teachers that police officers are safe persons we can rely on, especially in difficult or dangerous situations. It is thus not surprising that the vast majority of Canadians instinctively respect police officers' authority and follow their instructions, as we rightfully believe they are acting to keep us safe.

When criminals take advantage of this trust to defraud us or worse, that bond is jeopardized. This not only causes a great deal of anguish for individual survivors of these offences but also acts to make it more difficult for police officers or public officers to do their jobs effectively and keep our communities safe. Fortunately this is a rare occurrence, but its extreme seriousness can justify express condemnation in the Criminal Code.

It is also important to recall that in determining a fit sentence, the court must in all cases take into account all relevant aggravating and mitigating factors. Paragraph 718.2(a) of the Criminal Code describes a number of aggravating factors that apply to all offences. These include, for instance, evidence that the offender, in committing the offence, abused a position of trust or authority in relation to the victim. However in addition to these factors that are specifically listed, the sentencing court always retains discretion to determine if additional circumstances revealed by the evidence are aggravating or mitigating factors that should affect the sentence.

It is already the case in our law that a sentencing judge can take into account the aggravating nature of this form of police personation. What Bill C-444 would do is essentially codify this practice in the context of the criminal law.

Bill C-444 merits support because it addresses a truly horrific form of criminality which has so many negative consequences on the public at large, on the ability of the police to carry out their functions, and especially on any individuals whose trust in public institutions and authorities was used against them to facilitate their victimization. There have been a number of incidents of this form of conduct reported in the papers in the last few years. Just this past April it appeared that at least two more incidents of personating peace officers have occurred.

In Calgary there are recent media reports that a man driving a silver sedan with unauthorized red and blue lights pulled over two vehicles, scaring the innocent drivers. Fortunately, the victims realized that something was not right about the impostor and got in contact with the real authorities to report the situation. Luckily, nobody was harmed. However, this act has surely shaken Canadians' trust and their belief in who is or is not a police officer.

On the east coast, the Halifax Chronicle Herald reported criminals had been personating local police officers via telephone in order to fraudulently solicit donations for a bogus charity. The scam artists claimed that they were police officers fundraising to help combat youth suicide. This disgraceful conduct not only preys on generous citizens, but also makes it more difficult for real officers to give back to their communities through legitimate fundraising activities, which is a long-standing tradition in police services across our country.

Of course, there was the tragic case in the sponsoring member's riding, which saw a devastating abduction and sexual assault of a teenage girl near Penhold, Alberta. This incident clearly influenced the proponent's decision to bring this legislation forward.

During the most recent committee study of the bill, members heard the courageous testimony of the survivor of that offence as well as that of her mother. I applaud the immense strength of that young woman's courage to travel to Ottawa and assist the committee by sharing her story with members of Parliament as well as with all Canadians. She rightly explained to the committee that there should never be shame or stigma in reporting or speaking out against sexual violence.

By passing this legislation we would send a clear message that the courts must give serious weight during sentencing to the enduring harm that is caused when criminals personate police officers or public officers for the purpose of committing other criminal acts, including sexual assault and kidnapping.

All Canadians should be concerned about these cases and should be encouraged to take the appropriate steps to avoid being duped by this very deceptive form of criminality. In particular, citizens should continue to trust the police but they should also recognize that criminals are not above exploiting their trust.

It is a difficult balance to achieve. The exercise of a bit of caution is a good thing. It is reasonable to ask to see the badges of individuals who appears to be police officers, especially if being requested to go with them or to allow them to enter the premises, or if they appear to be soliciting donations. This kind of verification process must be done respectfully and cautiously. If an impostor flees when asked for identification, immediately call 911, report the incident and attempt to provide an accurate description of the person and any associated vehicle while the encounter is still fresh in memory.

We as parliamentarians can help educate and inform Canadians about these risks, which many may be unaware of. In terms of Bill C-444, we can also vote to support this legislation and express our unified condemnation of those who would use our best natures as citizens against us.

I hope all members will join me in supporting this worthwhile legislation.

[Dan Albas, Conservative, Okanagan—Coquihalla, BC]

When you began your testimony, Member Dreeshen, you mentioned specifically that this week is the correct week to bring this bill forward to this committee, obviously because this is a week for remembering and becoming more aware of the issues that victims face, so I'd like to focus my questioning specifically on victims.

Section 130 of the Criminal Code is a hybrid offence and it's punishable by a maximum of five years' imprisonment on indictment. Prior to the enactment by the Conservative government in 2009 of Bill S-4 for identity theft and related misconduct, it was a straight summary conviction offence punishable by a maximum of six months' imprisonment.

Obviously your work here on Bill C-444 is a little different from Bill S-4, but do you think that both these bills will ensure that victims are better protected in our country? How do you think that will work?

[Earl Dreeshen, Conservative, Red Deer, AB]

Thank you.

I guess one of the things that one should recognize is that in the discussions at that particular point in time, when it occurred, it was under the old regime, which was six months. Certainly taking a look at that, I have no question that this being the same as using a gun in order to commit a crime certainly was woefully inadequate. Taking it to the five years, which it is, based on what had happened with Bill S-4, certainly does change the dynamics of that, but again, we're still leaving that to the discretion of the courts.

Criminal Code

[Robert Goguen, Conservative, Parliamentary Secretary to the Minister of Justice]

Mr. Speaker, I am pleased to be here today to participate in the debate on Bill C-444, which has to do with personating a peace officer or public officer.

This bill is nearly identical to the former Bill C-576, which died on the order paper during the previous Parliament. Bill C-576 made it to second reading and was passed by the Standing Committee on Justice and Human Rights.

The bill has to do with the existing offence of personating a peace officer or public officer. More specifically, it suggests that the fact that an individual personated a peace officer or public officer for the purpose of facilitating the commission of another offence should be considered an aggravating circumstance during sentencing. The only difference between the two bills is that the current bill also includes the term “public officer”.

Personating a peace officer or public officer is a hybrid offence punishable under indictment by a maximum of five years in prison. Before 2009, this offence was only a summary conviction offence. At the time, it was punishable by a maximum of six months in prison or a maximum fine of $5,000, or both. It was obviously not considered to be a very serious offence.

In 2009, our government changed this offence to a hybrid offence and increased the maximum prison term to five years in the former Bill S-4, the identity theft bill, which came into force on January 10, 2010.

The five-year maximum prison term takes into account the fact that the offence requires only that we establish that the accused personated a peace officer or public officer. There is no requirement that there be malicious intent to specifically do so or that something malicious be accomplished in doing so.

Some individuals may decide to personate a police officer, for example, simply to feel powerful or as a way to do something else that may or may not be serious, such as getting information or gaining access to a location. Personating a peace officer or a public officer so that others believe that one really is such an officer can, in itself, lead to a conviction. No other evidence is required.

In a few instances, personating a police officer or a public officer will be directly associated with other offences. It is a way to enable the commission of other crimes. Since most people in our society have faith in the police and in other public institutions, they may, because of that faith, submit to the authority of an individual they believe to be a peace officer or a public officer.

Cases where people's trust in police and public officers is abused are very troubling. They must be condemned by sentencing courts and by Parliament. Bill C-444 addresses these cases. The bill would require that personating a peace officer or a public officer for the purpose of committing another offence be considered by a court to be an aggravating circumstance for sentencing purposes.

We could think of many situations where someone would voluntarily get into a police officer's vehicle, or let an officer into their home, before realizing that this person actually means them harm. Such cases are rare, fortunately. However, they are extremely serious, which justifies including them specifically in the Criminal Code.

It is also important to recall that in determining a fit sentence, the court must in all cases take into account all relevant aggravating and mitigating factors. Paragraph 718.2(a) of the Criminal Code describes a number of aggravating factors that apply to all offences. These include, for instance, evidence that the offender, in committing the offence, abused a position of trust or authority in relation to the victim. But in addition to these factors which are specifically listed, the sentencing court always retains discretion to determine if additional circumstances revealed by the evidence are aggravating or mitigating factors that should affect the sentence.

It is already the case that a sentencing judge can take into account the aggravated nature of this form of police or public officer personation. What Bill C-444 does is essentially codify this practice in the text of the law.

Bill C-444 deserves serious consideration in this House because it addresses a truly horrific form of criminality which has so many negative consequences on the public at large, on the ability of police to carry out their functions, and especially on any individuals whose trust in public institutions and authorities was used against them to facilitate their victimization.

While this form of conduct continues to be rare in this country, there have been a number of incidents reported in the media in the last few years. One case involved drivers being stopped by a police impersonator and requested to pay immediately for an alleged speeding offence. Another case involved motorists who were followed after leaving a casino, and then pulled over and robbed of their winnings. There have also been profoundly disturbing cases involving police personation so as to get someone into a car to facilitate their kidnapping.

There was the tragic and devastating incident involving the kidnapping and sexual assault of a teenager in the riding of Red Deer, the riding of the member who is sponsoring this bill. No doubt, this incident is what prompted him to introduce this bill.

All Canadians should be aware that such things can happen and should be encouraged to be vigilant. Citizens should trust the police, but they should also recognize that criminals are not above exploiting that trust. It is a difficult balance to achieve. The exercise of a little bit of caution is a good thing. It is reasonable to ask to see the badge of someone who appears to be a police officer, especially if you are being asked to go with them or to allow them to enter your premises. This kind of verification process must be done respectfully and cautiously.

As Parliamentarians, we can help educate and inform Canadians about these risks. That is exactly what the debate on Bill C-444 is allowing us to do.

[Irwin Cotler, Liberal, Mount Royal, QC]

Mr. Speaker, I rise to address Bill C-444, the private member's bill put forward by the member for Red Deer, which seeks to increase penalties for offenders convicted of personating a peace officer for the purpose of facilitating the commission of another offence. I will be supporting the bill going to committee, and I thank the member for Red Deer for once again bringing this important issue to the attention of the House and to me personally in this regard.

The member for Red Deer has been engaged in this issue for some time, and his concern is as genuine as it is warranted. I share his concern and his outrage in this matter with respect to offenders who disguise themselves as police officers to facilitate their crimes, thereby undermining public trust in the police and other authorities. It is important that Parliament address this problem in as principled and effective way as possible.

Regrettably, while the principle underlying the private member's bill is important, the bill before us is unlikely to have the significant effect that the member himself seeks or that the House would seek. However laudable its intent, Bill C-444 emerges as yet another variation of a Conservative crime bill that attempts to deal with crime, as the member for Red Deer himself acknowledged, at the sentencing stage after the crime has been committed, after the investigation has been carried out and after the offender has been arrested, tried and convicted. In other words, after the very fact that it seeks to prevent and regrettably after it is already too late.

However to its credit, and this bears mention, it does not seek to attach mandatory minimums in the matter of sentencing. It does not seek to eliminate or circumscribe judicial discretion.

It has a laudable underlying objective. My concern is whether this particular legislation would seek the laudable objective that the member for Red Deer himself has in mind.

Accordingly, while I am prepared to send the bill to committee for further study, I expect that such further study may be less effectual than it might otherwise be. Therefore, I will use the remainder of my time to set forth certain considerations in respect of this contention. First, I will examine why the bill is unlikely to increase the length of prison terms for people convicted of personating a peace officer. Second, I will discuss why, even if it did lead to longer prison terms, it would not reduce the occurrence of this crime, which is the member's principal objective, with which I concur. Finally, I will explore other measures that might prove to be more effective and that will help underpin the very principle that underlines the bill.

As I said, Bill C-444 is not likely to have a major impact on the severity of sentences. To begin with, it should be noted that in cases of personation of a peace officer, Canada currently allows for sentences more severe than in many other jurisdictions. In 2009 the House unanimously passed Bill S-4, which established a five-year maximum prison term for personation as opposed to U.S. states like New York or Michigan, where the maximum is four years, or the United Kingdom, which allows only for a sentence of six months.

Canada's sentencing regime already takes this crime very seriously, and there is no reason to think that judges are overlooking important factors such as the purpose of the personation when handing down sentences. For example, in 2009 and 2010 a Winnipeg man dressed up as a police officer in order to gain access to crime scenes, without committing any further offence. He was sentenced to four and a half months. By contrast, in the case of the man who posed as an officer in the member's riding of Red Deer in order to kidnap and abuse a teenaged girl, the judge handed down a total sentence of 18 years, including the maximum sentence for personation permitted at the time.

Simply put, it appears that judges have been making appropriate use of their discretion in such cases. The additional guidance offered by Bill C-444 is therefore unlikely to result in penalties for personation that are more severe.

However, even assuming the bill were to result in longer sentences for personation of a peace officer for the purpose of committing another offence, it is unlikely that offenders would spend more time in jail as a consequence. While judges may generally issue concurrent or consecutive sentences as they see fit, sentences for offences that are part of the same criminal act tend to be served concurrently, and it is difficult to conceive of a scenario in which a judge would issue a longer sentence for personation than for the offence that the personation was intended to facilitate.

In other words, if an offender receives an 18-year sentence for aggravated sexual assault, it does not much matter to him or her whether his or her simultaneous offence for personation is a year or two or five.

This bill would therefore be unlikely to achieve the member's legitimate objective of having people who personate peace officers spend more time behind bars.

Of course, I appreciate that the member's ultimate objective is not longer prison terms for people who commit this crime, but, rather, fewer personations of peace officers in the first place and that this is his principal objective, which I share.

This brings me to my second point, which is that the deterrent effect of longer prison terms has been repeatedly shown to be minimal. Therefore, even if a judge were to be moved by this legislation to issue a longer sentence for personation than he or she would otherwise have done and even in the unusual circumstance that such a sentence were served consecutive to the sentence for the related offence, there would still be no reason to believe that the occurrence of the crime of personation in Canada would be reduced.

As was pointed out by Michael Jackson of the Canadian Bar Association at the justice committee's hearing on Bill C-10:

The evidence is overwhelming...in every jurisdiction where it's been studied, that putting more people in prison for longer periods of time has no salutary effect upon public safety...

In fact, a research summary on the Public Safety Department's own website, which compiles 50 studies involving over 300,000 offenders, finds that, “To argue for expanding the use of imprisonment in order to deter criminal behaviour is without empirical support”.

That is a conclusion that has been reached time and again by studies in Canada and jurisdictions around the world.

For example, in 2010 a man used a police officer's costume to commit a home invasion and robbery in Toronto. Do we truly believe that he spent the night before consulting the Criminal Code, poring over the jurisprudence and parsing the sentencing guidelines and had the guidelines been different, would have chosen not to proceed or to forego the outfit? Or in the case of the 2000 tragic kidnapping and assault in Red Deer, the member's riding, is it reasonable to assume that an offender who was prepared to risk the substantial penalties for kidnapping and aggravating sexual assault would have been dissuaded by the prospect of a slightly longer prison term for personating a peace officer. I suspect not.

Increasing the length of sentences is manifestly a less effective way of combatting all crimes, personation included.

This brings me to the final part of my remarks, in which I will propose some alternative methods for minimizing the occurrence of personation of peace officers to begin with, which is the private member's bill's objective.

First, we should examine how offenders acquire authentic looking police attire and accessories. As the member for Red Deer noted in debate on the previous version of his bill, a wide array of police equipment is available online and at security supply stores, including strobe lighting for vehicles and uniforms that can be made to look very real with very little alteration. It is certainly worth considering whether there are steps that might be taken to limit the availability of such items.

Second, the government could partner with police in a public awareness campaign to inform Canadians that all police officers carry badges and photo ID and that citizens themselves have the right to request to see an officer's identification and to call 9-1-1 for verification if they are truly suspicious. By empowering Canadians in this way, as well as by reducing the availability of authentic looking police equipment, we would significantly limit the capacity of offenders to pass as officers of the peace.

In conclusion, as I said at the outset, I support and applaud the member for Red Deer for consistently focusing the attention of the House on this very important issue and I will support Bill C-444 at second reading. At the very least, the bill would serve as a statement by Parliament of the seriousness with which we regard the crime of personation of a peace officer. However, we should seek to do more than make what is nonetheless a very important statement.

As I have outlined, there may be concrete steps that we could take that would have an impact on the occurrence of the crime itself. I trust that we will have the opportunity to discuss such steps at committee and that the government will take a seriously impactful action to combat the personation of peace officers in the very near future as represented in the private member's bill of the member for Red Deer.

[Earl Dreeshen, Conservative, Red Deer, AB]

moved that Bill C-444, An Act to amend the Criminal Code (personating peace officer or public officer), be read the second time and referred to a committee.

Mr. Speaker, I am proud to speak today to my private member's bill, Bill C-444, which seeks to amend section 130 of the Criminal Code by adding a sentencing provision for the offence of personating peace officers or public officers. The amendment would make personating an officer for the purpose of committing another offence an aggravating circumstance.

I would like the thank the hon. member for Oxford for seconding my bill. He served 30 years with the Woodstock police service in his past life and 10 of those were as chief of police. He is a great Canadian who continues to proudly serve our country.

I was moved to research and table the bill following a horrible crime that took place in my riding. Flashing lights and a police uniform were used as weapons to abduct a 16-year-old girl. She had just earned her driver's licence and was driving alone, as many of us do. She was held captive for 46 hours and brutally assaulted before she managed to escape from her attacker. She was brave. She survived.

The offender was charged, tried, convicted and sentenced with six offences, one of which was section 130 of the Criminal Code, which deals with personation of a peace officer or public officer.

The cold fact of the matter was that she was abducted only because she thought she was doing the right thing. When confronted by someone she thought was a police officer, she did what she had been taught to do. She stopped and she followed instructions. In this case, she ultimately lost any opportunity she might have had to protect herself.

This is one case that happened in my riding, but unfortunately this is a crime that is occurring in all regions of Canada and most often it is for the purpose of tricking a victim into thinking that they are under the control of a real officer so that another crime can also be committed.

When I began researching this issue, I found that what had happened in Penhold and Red Deer was happening in small towns and large cities all over Canada. Criminals are using authentic police lights and dressing in police uniforms to commit crimes such as auto theft and fraud in Kelowna; highway robbery in Oakville, Barrie and Brampton; assault and robbery in Ottawa; abductions in Scarborough and Calgary; break and enter and subsequent assaults in Sydney Mines and Oshawa; intimidation in Mississauga; unlawful confinement in Lethbridge; and fraud in Kings Country, Brantford and Toronto.

For the young woman in my riding, and all of these victims, the police uniform no longer represents safety and security. With time, they will cope with this fear and will hopefully regain their trust in authority. However, every time we hear of these types of incidents, one more person has this trust shattered. This is a concern for all of us, but it is a great concern for police who are out there trying to do their jobs.

The police who I have spoken to in my riding, RCMP veterans and serving members, have encouraged me in my mission to add this sentencing provision to section 130. It would not affect their enforcement of the offence, but they recognize that this amendment would help ensure that sentencing for this crime would reflect the significant impact that it has on our country.

There was a case in Calgary where a man personated a police officer and used flashing lights to attempt to pull over and abduct young females. CBC News quoted a sergeant with the Calgary Police Force who stated that the false representation of a police officer was “a very serious offence”. He went on to say, “We cannot have our confidence in the public eroded. It is very important that we are able to conduct our jobs, and if people do not trust the police or they are worried, it can make our jobs very difficult”.

I previously introduced the bill during the last Parliament. It had been reported back to the House by the Standing Committee on Justice and Human Rights. The unanimous support that I received from the House was extremely encouraging, and I look forward to that same level of support from this Parliament.

As I describe the specific points of the bill, let me start by explaining the definition of peace officers and public officers in the Criminal Code.

The Criminal Code defines police officers as Canadian officers of customs and excise, immigration, corrections, fisheries and the Canadian Forces. It includes pilots in command of an aircraft, mayors, wardens, reeves, sheriffs, justices of the peace and, of course, police officers.

A public officer is defined as an officer of customs or excise, an officer of the Canadian Forces, an officer of the Royal Canadian Mounted Police and any officer while the officer is engaged in enforcing the laws of Canada relating to revenue, customs, excise, trade or navigation.

The bottom line is that these are all occupations that demand a significant amount of trust from the Canadian public. Anyone who falsely represents members of these occupations in order to commit a crime against a person is committing a serious breach of that person's trust, and that of all of us.

However, this bill is about sentencing. It speaks to the need for tougher penalties for this particular crime, in line with the fundamental sentencing principle of proportionality, which is stated in section 718 of the Criminal Code. The bill has a basic objective. It would make impersonating a peace officer in the commission of another offence an aggravating circumstance to be considered for sentencing purposes. It would add one clause to the Criminal Code following section 130.

Because it is short, I would like to read my bill into the record. It states that the Criminal Code is amended by adding the following after section 130:

130.1 If a person is convicted of an offence under section 130, the court imposing the sentence on the person shall consider as an aggravating circumstance the fact that the accused personated a peace officer or a public officer, as the case may be, for the purpose of facilitating the commission of another offence.

That is all. It does not seek to effect any interpretation of the crime. My bill would simply direct a sentencing court to consider this as one factor when dealing with someone convicted of impersonating a peace officer or a public officer.

We know that a number of factors come into play in a sentencing decision, such as the criminal record of the offender or the severity of harm caused to a victim. Aggravating circumstances are just one more factor that sentencing judges are required to consider that do not guarantee, but tend to increase, the severity of a sentence.

There are aggravating circumstances defined in section 718 that apply to all criminal offences. There are also aggravating circumstances attached to specific offences within the code. To be clear, the bill seeks to add the special aggravating circumstance to a sentencing court to consider the crime of impersonating a peace officer or public officer.

When we look at aggravating circumstances that apply to all offences, one of them is evidence that the offender, in committing an offence, abused a position of trust or authority in relation to the victim. This would apply in situations where an offender has an existing relationship with a victim, such as a teacher, a coach or a bona fide police officer. However, those who impersonate officers do not fall into this category. Offenders who impersonate peace or public officers have not abused a position of authority, for he or she does not have that position to begin with. This circumstance in section 718 cannot then be used, since this would apply to real police officers who have abused their position of trust. It does not apply to those who are posing as police officers.

An offender's false representation of him or herself as an officer is intended to deceive and breach trust and authority. However, this deceit is not captured by the existing circumstances that speak to these abuses. I hope that my colleagues in the House will recognize this gap in the law and work with me to fill it, as my bill seeks to do. We know that adding a new aggravating circumstance to the Criminal Code is an effective way to ensure that the fundamental sentencing principles are achieved.

As to the relevance of aggravating circumstances, Parliament recently passed an important bill on elder abuse, Bill C-36. With its passage into law we saw a very important amendment to the Criminal Code, adding a new aggravating circumstance to section 718.2 to apply to any offence against elderly Canadians. With this bill we are now seeking to apply this rationale when it comes to sentencing for crimes against Canadians who have been misled into thinking they are dealing with an officer but are then victimized.

The sentence for this kind of malicious deceit must reflect the significant impact that the crime has on the lives of victims. Victims, whoever they may be, must be assured that there will be serious consequences for the criminals who have hurt them.

By supporting the bill, we are also helping to preserve the trust and respect that citizens have for real, bona fide police officers. When citizens see a police uniform, they naturally trust and respect the authority that comes with it. Our laws must reflect this reality.

I note that personation of an officer used to be punishable as a summary conviction and had a maximum penalty of only six months imprisonment. The Conservative government in the previous Parliament passed into law former Bill S-4, which increased the maximum penalty for this offence to five years imprisonment and made it a hybrid offence. I commend the Department of Justice for its work on increasing the maximum sentence for this crime, which came into force two years ago. Now we must give the courts this sentencing tool to exercise the new maximum in the most serious cases.

For 34 years I worked as a teacher of children and young adults. As a teacher, I shared their joys of accomplishment as well as their concerns about the future. I was always there to help them through difficult times when they had to deal with terrible ordeals. Being a receptive ear to their voices gave me an understanding of how difficult and fragile life can be.

As a member of Parliament I have once again heard such a voice. I shared the same concerns as others in our community when I heard of the disappearance of a young girl from Penhold. Prayers were all that I could offer. No one knew why her car was left where it was. There was nothing to indicate that she would have strayed from the errand that she was on. Her parents were frantic and our community of central Alberta empathized while we all waited. Finally the news broke that she had been found.

Only then did the pieces of this horrible ordeal start to make sense. The weapons used by her attacker were flashing lights and an RCMP uniform. That is why the car was left there. Her trust of the uniform and the false sense of safety and authority that it presented to her resulted in the most horrendous 46 hours that anyone could imagine.

The subsequent trial of her abductor forced the girl and her family to relive this ordeal. Finally a verdict and a sentence was rendered, but two things haunted them. First was the knowledge that the crime of personating a peace officer amounted to, in those days, only six months imprisonment, which was the maximum sentence allowed before the passage of Bill S-4. Second was that in the commission of this crime, the weapons used to lure her into a trap would not be recognized for what they really were. She had been deceived by the trust she had in the police and the weapon of deceit was considered more of a side issue than the catalyst for the crime.

The day that this brave young lady and her mother came to me for help was the day I knew they needed the receptive ear that I had while I was a teacher, and it would also be part of my job as a member of Parliament. It is my hope that all of my colleagues can recognize the importance of the bill and will see that it is worth supporting.

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

Okay.

Mr. Dreeshen, we know each other because we are both members of the Standing Committee on Aboriginal Affairs and Northern Development. You talked about a Bill S-4 clause that would amend section 130 of the Criminal Code, which deals with sentences. I would like to know which clause you had in mind. You talked about it in your presentation. You talked about a section that would be amended so that a five-year sentence, I think, is imposed. I would like to know which clause you were talking about.

In addition, do you think that the amendment you are proposing will result in the imposing of a consecutive sentence, or could the judge impose a concurrent sentence under section 130?

[Earl Dreeshen, Conservative, Red Deer, AB]

Thank you very much, Mr. Chair.

Through you, Mr. Chair, I express my sincere appreciation to each of my colleagues for this opportunity to address the justice and human rights committee regarding my private member's bill, Bill C-576, personating a peace officer.

I'd like to start by saying that I appreciate the support received during second reading, which allowed this bill to be sent to your committee, and the willingness of my colleagues from all parties to carry this discussion forward.

As the committee is aware, I was moved to table this bill following discussions I had with the victim of a horrendous crime in my central Alberta riding of Red Deer. Flashing lights and a police uniform were used as weapons to abduct a 16-year-old who had just earned her driver's licence. This brave young woman was held captive for 46 hours and brutally assaulted before she managed to escape from her attacker. The cold fact of the matter was that she was abducted only because she thought she was doing the right thing. When confronted by someone she thought was a police officer, she did what she had been taught to do: she stopped and she followed instructions. And in this case, she ultimately lost any opportunity she might have had to protect herself.

When citizens see a police uniform, they naturally trust the authority that comes with it. Personating a police officer is a serious breach of the public's trust, and it has the same effect as using a weapon: it forces the victim to submit.

It has another effect that is also of great concern, not only for the general public but for the police who are out there trying to do their jobs. Mr. Chair, for this young woman, the police uniform no longer represents safety and security. With time, she will cope with this fear and will hopefully regain her trust in authority. But every time we hear of these types of incidents, one more person has had this trust shattered.

The police I have spoken to in my riding, both RCMP veterans and serving members, have also encouraged me in my quest to have the Criminal Code amended so that the personation of a peace officer in the commission of another offence be considered an aggravating circumstance for sentencing purposes.

This bill seeks to add one short section following section 130, which committee members will have before them. That is all it does. It does not seek to affect any interpretation of the offence. It would simply direct a sentencing court to consider an aggravating circumstance when dealing with the conviction under section 130.

To expand the discussion further, there are aggravating circumstances defined in section 718 that apply to all criminal offences. There are also some special cases of aggravating circumstances attached to specific offences within the code. To be clear, this bill seeks to be a special aggravating circumstance in regard to the specific offence of personating a peace officer.

Of course, within the parameters of the maximum sentence for personating a peace officer, the appropriateness of a sentence would still rest with the sentencing court. But it is up to us, as legislators, to establish sentencing provisions in the Criminal Code. Therefore, we should recognize that this is a crime that can have varying degrees of harm and therefore should be penalized accordingly.

I was aware that with the changes introduced with Bill S-4, the maximum sentence for personation was increased to five years from six months. The specific case I have outlined was dealt with prior to its passage, so there was only a six-month sentence allowed. But it did beg the question of whether personation of a peace officer is not just as serious to a victim as being abused by a person in a real position of authority, which is considered to be an aggravating circumstance.

Some of the specifics I encountered when I first started looking at this issue related to section 718 of the Criminal Code, which sets the principles of sentencing. In section 718.2, we see that aggravating circumstances would be involved if there was “evidence that the offender, in committing the offence, abused a position of trust or authority in relation to the victim”. This would apply if an offender had an existing relationship with the victim, such as a teacher or a coach, or it would apply to a real police officer who may have abused a position of trust, but it doesn't apply to offenders who are posing as police officers.

I hope this committee will recognize this gap in the law and work with me to fill it through the acceptance of my private member's bill.

Mr. Chair, during debate in the House, all parties remarked about the lack of credence that was given to this type of public deception. It was only in the preparation of comments that the prevalence of this deceit in the commission of crimes in Canada was brought to a conscious level for members. For victims, it's always at a conscious level.

In section 130, the crime is in the deception of the public about a person's status as a peace officer, whether or not it was for the specific purpose of facilitating another crime and whether or not another crime is actually attempted or committed. But in cases where the deception is intended and in fact does facilitate the commission of another more serious crime, this is an extremely serious instance of the offence of personating a peace officer and therefore it deserves an appropriately high sentence.

In conclusion, let's give the sentencing courts the tools they need to apply appropriate sentences in serious cases and thereby seek to protect innocent people from these types of crimes.

Again, thank you, Mr. Chair and committee members, for your prompt study of this bill. I am pleased to answer questions from members.

Abolition of Early Parole Act

[Candice Bergen, Conservative, Portage—Lisgar, MB]

Mr. Speaker, it is with pleasure that I join in the debate on Bill C-59, the Abolition of Early Parole Act today.

Like many of my colleagues, the hon. members in this House, I have spent quite some time talking to Canadians about the need for this legislation. I am confident that all of us are hearing the same thing; that it is time to take action to crack down on white-collar offenders and we need to do it now.

I have heard from victims who have told me that they are tired of seeing and hearing about offenders who have perhaps wiped out their life savings and are not serving appropriate times for their actions. I have spoken to ordinary Canadians and to the families of innocent victims and they told me that it was time for all of us to work together to crack down on the activities of white-collar offenders who might not use a gun but who, nonetheless, wreak havoc on the lives of hard-working and law-abiding Canadians. They told me that we need to get tough on those offenders whose illegal activities leave scores of victims in their wake.

I am therefore pleased to support the bill before us today, which would do all of that and would build on our government's already impressive record of standing up for victims and cracking down on all types of crime.

Over the last five years, our government has done a lot to make our streets safer through investments in crime prevention, law enforcement and in the tools for police officers to do their jobs. In fact, several of our justice bills last year alone received royal assent, including: Bill C-14, which targets gang violence and organized crime by addressing issues such as gang murders, drive-by shootings and additional protection for police and the police officers; Bill C-25, which fulfills our government's commitment to Canadians to help keep offenders from being given two-for-one credit and sometimes three-for-one credit in pre-sentencing custody; and Bill S-4, which will help combat the complex, serious and growing problem of identity theft and identity fraud.

I am also proud to say that our government recently passed legislation to help reform the pardon system. In particular, we have made sure that the National Parole Board of Canada has the discretion it needs to determine whether granting a pardon would bring the administration of justice into disrepute.

We have passed legislation targeting gang violence and organized crime by addressing issues such as gang murders, drive-by shootings and additional protection for police officers.

We recently passed legislation to strengthen the National Sex Offenders Registry and the national DNA data bank in order to better protect our children and other vulnerable members of society from sexual predators.

Of course our government has most recently introduced legislation to crack down on individuals involved in the despicable crime of human smuggling, which threatens our communities as well as Canada's immigration system.

In addition, our government has provided more money to the provinces and the territories so that they can hire additional police officers. I am very proud to note that Statistics Canada reported in December that the number of police officers across Canada is now at its highest point since 1981.

As well, the government has taken action to help young people make smart choices and avoid becoming involved in gang activity through programs funded through the National Crime Prevention Centre.

Our government has taken significant action that achieves results in tackling crime in our communities. We will continue to do more.

It is no secret that crimes and criminal activities can take on many forms. We often hear about violent gun crimes and communities which can and often do shatter lives. As I have mentioned, our government has done a lot to get tough with offenders who commit such terrible acts.

Of course, there are other types of crimes that can be just as devastating even though they do not involve the use of handguns. All of us have heard about the ruined lives left behind by white-collar offenders who prey on law-abiding citizens, often leaving them with nothing to show for a lifetime of hard work and savings for their retirement.

All of us have heard about the need to take action, to crack down on white-collar crime and stand up for the victims. That is what the legislation before us today would do.

As we have heard today, many offenders obtain parole early through a process called accelerated parole review. First-time offenders who have committed non-violent offences can access day parole at one-sixth of their sentence and full parole at one-third of their sentence. Unless the Parole Board of Canada has reasonable grounds to believe these offenders will commit a violent offence if released, it must release them into the community.

This means that, in some cases, a fraudster, a thief or even a drug dealer can be back on the streets early. Such an offender could be sentenced to 12 years but actually be released into the community on day parole in just 2 short years and fully paroled at just 4 years. The status quo gives the Parole Board little or no discretion in dealing with these cases. The test is whether an offender is likely to commit a violent offence. As a result, even if the Parole Board believes the offender is likely to commit another fraud, another theft or another drug offence, it is nonetheless compelled to release them.

What makes the review process even more expedited is that these accelerated parole reviews are accomplished through a paper review by the Parole Board of Canada, whereas regular parole reviews are normally done by way of a hearing.

The test for accelerated parole review is also lower. The Parole Board of Canada only has to have reasonable grounds to believe that the offender will not commit a violent offence, whereas, with other offenders, the test is whether the person is an undue risk to commit any type of crime if released. The test for accelerated parole review is whether someone is going to commit a violent offence. Even if the Parole Board believes that someone will commit another fraud, the board is still compelled to release the person under supervision at one-sixth of his or her sentence. In many cases that means that people who are convicted of crimes that have had devastating effects on the lives and livelihood of Canadians often spend very little time in prison. The end result is that offenders convicted of white-collar crimes are often released under supervision after only a very few short months. Offenders are given lengthy sentences which do not result in much time actually spent in prison.

This offends Canadians' sense of justice and it undermines their faith in our justice and in our corrections system. It should offend all of our senses of justice, and we need to change this. Canadians want change and that is what our government is delivering.

Bill C-59 would abolish accelerated parole review and repeal sections of the Corrections and Conditional Release Act that govern the accelerated parole review regime. It would mean that offenders who commit non-violent or white-collar crimes are put on the same footing as other offenders. They would be eligible for regular day parole review six months prior to full parole eligibility and full parole review after serving one-third of their sentence. Rather than being subject to a paper review, they would be subject to an in-person hearing. The test as to whether they should be released would be whether they present an unmanageable risk of committing another crime. It is a very key point and something that all members should highlight.

The changes that our government is proposing would mean that Canadians can have faith that offenders convicted of white-collar crimes will not escape full accountability for their actions.

Our government has listened to the concerns of victims of fraud and other crimes and we are taking action on their concerns. By fixing the problem of early parole for offenders, we are following through on our tackling crime agenda. Our government believes that Canadians deserve a justice system that balances the rights of offenders with the rights of law-abiding citizens.

The commitment we are announcing today brings us another step closer to this important goal. Once again I urge all hon. members to work with the government to ensure that Bill C-59 is passed into law in the most timely way possible.

Criminal Code

[Rick Norlock, Conservative, Northumberland—Quinte West, ON]

Mr. Speaker, I am pleased to speak today in support of Bill C-576, which deals with the offence of personating a peace officer. The offence essentially criminalizes the act of pretending to be a peace officer or public officer when one in fact does not hold such an office.

This offence, located at section 130 of the Criminal Code, was a straight summary conviction offence until recently. Summary conviction offences carry a maximum of six months in prison and a maximum fine of $5,000 or both. Our government hybridized these offences in former Bill S-4, An Act to amend the Criminal Code (identity theft and related misconduct).

Bill S-4 made a number of important changes to the Criminal Code. In particular it enacted a new offence called identity theft, which prohibits the obtaining or processing of another person's identity information with the intent to use that information in the commission of another criminal offence. It also changed the name of the existing offence of personation to identity fraud. Personation is an offence for pretending to be another person with the intent to gain advantage or cause a disadvantage.

Identity theft is usually followed by identity fraud. First one obtains another person's identity information. This is identity theft. Then it can be manipulated into false documents or combined with other information to create a false identity, and finally, the information is used to deceive someone about the identity of the person in front of them.

Identity crime is flourishing, as we all know, and these criminal law amendments are a crucial element in the struggle to keep Canadians' identities and their property safe.

In addition to these important amendments, Bill S-4 also hybridized the offence of personating a peace officer or public officer. As of January 8 of this year, personating a peace officer is no longer a straight summary conviction offence. It is now a hybrid offence. When prosecuted on indictment, this offence is now punishable by up to five years in prison.

It is interesting to note that in many countries like Canada, peace officer personation is still considered a relatively minor offence. In a number of U.S. and Australian states, as well as the United Kingdom, peace officer personation is punishable by a maximum of a few months or a year or two. Only in a few jurisdictions does the maximum penalty rise to five years.

This new sentencing regime for police personation in Canada is therefore above average for similar jurisdictions.

As of the passing of Bill S-4, this offence is no longer treated as a minor offence. It is now a serious offence, which protects the integrity of important government institutions and offices and guards against the many harmful consequences that could flow when a citizen is misled about whether a person has the authority to act in an official capacity.

For instance, a motorist who has just witnessed an accident might report the accident to someone he or she believed was a peace officer but who in fact was not. The good Samaritan might genuinely believe he or she had fulfilled a civic duty by reporting the incident to law enforcement and might believe that the matter would be acted upon and any injured persons would be provided with adequate care. But the impostor likely intends to move on without taking any action to assist those involved in the accident. This kind of situation poorly serves everyone involved. The importance of public trust in the police can never be underestimated.

Fortunately, charges for personating a peace officer are relatively rare in Canada, but I must admit they are increasing in numbers and severity.

But still there are concerns about this kind of crime, as Bill C-576 reminds us. Sometimes people impersonate the police for the simple thrill of feeling powerful or for other relatively minor objectives, such as obtaining information.

But other times, as we have heard here tonight, police personation is closely associated with other offences. In these cases, a criminal will pretend to be a police officer in the hopes that this deception will make it easier to commit other crimes. Most members of the public will acquiesce to the authority of someone they believe to be a police officer. The personation of police in these cases is an attempt to exploit a person's trust and confidence in law enforcement. These kinds of situation are the most troubling and are especially deserving of condemnation by sentencing courts as well as this Parliament.

This is precisely what Bill C-576 does by making it a mandatory aggravating factor on sentencing for the crime of personating a peace officer if the offence was committed for the purpose of facilitating the commission of another offence. Bill C-576 draws attention to this rare but devastating practice.

It is true that sentencing judges already have the discretion to consider any and all aggravating factors that might be applicable in any given case. The codification of aggravating sentencing factors does not really allow the courts to do anything they are not already empowered to do. Each factor that is mentioned in the Criminal Code adds to the complexity and size of it, so this is not a form of legislation we should endorse as a matter of routine practice.

Bill C-576 is worthy of support because it speaks to a horrific kind of criminality, which has so many negative consequences. Using someone's trust in the police as a weapon against them is extremely disturbing to us all.

There are the direct consequences suffered by a victim of such a deception, whether it is the theft of their property, an invasion of their home or a violation of their sexual or bodily integrity. The victim may also suffer a host of indirect harms, such as loss of trust in the police. Society at large suffers a reduction in its ability to trust public institutions if this crime becomes more common.

It is premature to say that this crime is increasing in frequency, but there have been a number of incidents reported in the papers in the last few years. There was a case involving drivers being stopped by a police impersonator and requested to pay immediately for an alleged speeding offence. We heard that just recently. Another case involved motorists who were followed after leaving a casino and then pulled over and robbed of their winnings. There have also been profoundly disturbing cases involving police personation in order to get someone into a car to kidnap them.

The case in the sponsoring member's riding of Red Deer was a devastating case involving the abduction and sexual assault of a teenaged girl. The perpetrator in that case was apprehended, pleaded guilty to a number of offences and is currently serving an 18-year sentence. There are occasionally other stories of sexual assaults that have been facilitated by police personation, and I am aware of several myself.

All Canadians should be concerned about these cases. However, we do not want Canadians to become suspicious of all police officers. This will make the work of law enforcement even more difficult. Nor do we want Canadians to be at an elevated risk of being victimized by blindly trusting the mere assertion of authority. It is a difficult balance to achieve.

The exercise of a little caution is a good thing. An attentive citizen who is approached by someone representing himself or herself as a police officer should look for suspicious behaviour, such as unusual requests by the officer or unusual actions. It is reasonable and acceptable to ask questions of police officers or to ask to see their badge or warrant card specifically and closely verify that the uniform they are wearing bears the name of the locality one is in, rather than just being a generic-looking uniform. People should look for specifics.

This kind of verification process should always be done respectfully and cautiously, but in general, Canadians should not be afraid to seek confirmation that the person who claims to have a certain authority actually does have that authority.

Raising awareness in Canadians of this tremendous and horrific crime of personating a police officer and then using that to commit a crime should be supported by everyone in the House, and I certainly do, as does my friend's Conservative caucus.

[Earl Dreeshen, Conservative, Red Deer, AB]

moved that Bill C-576, An Act to amend the Criminal Code (personating peace officer), be read the second time and referred to a committee.

Mr. Speaker, I am honoured to speak during this hour of debate to my Bill C-576, which deals with the crime of personating a peace officer.

I would like to thank the hon. member for Kitchener—Conestoga for seconding this bill. I am grateful to my colleagues in the House who recognize the merit of this minor yet important addition to the Criminal Code.

I was inspired to table this bill following a horrible crime that took place in my constituency. The offender was charged, tried, convicted and sentenced. The case is no longer in the court. But I have had discussions with the victim of this crime and I would like to talk about what I have learned.

Flashing lights and a police uniform were used as weapons to abduct a 16 year old girl. She had just earned her driver's licence and was driving alone, as many of us do. She was held captive for 46 hours and brutally assaulted before she managed to escape from her attacker. She was brave. She survived.

It is a fact that she was abducted because she was led to believe that she had been pulled over by a police officer. When citizens see a police uniform, they naturally trust the authority that comes with it. Personating a police officer is a serious breach of the public's trust, and it has the same effect as using a weapon. It forces the victim to submit.

This crime involved personating a police officer, but I recognize that there are other occupations besides police officers that serve to keep the peace in our great country and they are all covered by the Criminal Code's definition of a peace officer.

As I describe the specific points of this bill, let me start by explaining the definition of peace officer in the Criminal Code. They are positions that demand a significant amount of trust from the Canadian public. Anyone who falsely represents these occupations to commit a crime against a person is committing a serious breach of that person's trust and that of all of us.

The Criminal Code defines peace officers as Canadian officers of customs and excise, immigration, corrections, fisheries and the Canadian Forces. It includes pilots in command of an aircraft, mayors, wardens, reeves, sheriffs, justices of the peace and, of course, police officers.

When I began researching this issue I found that what had happened in Penhold and Red Deer was not a rare crime. This is happening in small towns and large cities all over Canada. Criminals are using authentic police lights and dressing in police uniforms in crimes such as auto theft and fraud in Kelowna; highway robbery in Oakville, Barrie and Brampton; assault and robbery in Ottawa; abductions in Scarborough and Calgary; break and enter and subsequent assaults in Sydney Mines and Oshawa; intimidation in Mississauga; unlawful confinement in Lethbridge; and fraud in King's County, Brantford and Toronto.

This bill has a basic objective. It would make personating a peace officer in the commission of another offence an aggravating circumstance to be considered for sentencing purposes. It would add one clause to the Criminal Code following section 130. Because it is short, I would like to read my bill into the record:

1. The Criminal Code is amended by adding the following after section 130:

130.1 If a person is convicted of an offence under section 130, the court imposing the sentence on the person shall consider as an aggravating circumstance the fact that the accused personated a peace officer for the purpose of facilitating the commission of another offence.

That is all. It does not seek to affect any interpretation of the crime. My bill would simply direct a sentencing court to consider this as one factor when dealing with someone convicted of personating a peace officer.

In carrying out the objectives of sentencing, which are in section 718 of the Criminal Code, a judge can take into account aggravating circumstances, which tend to increase the length of a sentence, or mitigating circumstances, which tend to shorten the length of a sentence.

There are aggravating circumstances that are defined in section 718 that apply to all offences and there are also special cases of aggravating circumstances that apply to specific offences within the code. But to clarify, this bill seeks to be a special aggravating circumstance for a sentencing court to consider for the crime of personating a peace officer.

The decision of what sentence is appropriate always rests with the court, but it is our role as legislators to maintain the Criminal Code and establish sentencing provisions. I note that this offence used to be punishable as a summary conviction and had a maximum penalty of only six months' imprisonment.

This Parliament passed into law former Bill S-4, which increased the maximum penalty for this offence to five years' imprisonment and made it a hybrid offence. I commend the Department of Justice for its work on increasing the maximum sentence for this crime, which came into force on January 8 of this year. I applaud all of my colleagues in the House who voted in favour of Bill S-4 and brought this change into law.

On behalf of the people Red Deer, I was proud to vote for Bill S-4. I am also proud to support all of the government's tough on crime initiatives. Bill S-4 successfully tackled the problem of identity theft and fortunately, it also significantly addressed the problem of lax sentencing for personating peace officers. This was absolutely justified, as predators are deliberately posing as peace officers to lure their victims. I believe that with this increased maximum sentence, we must now also recognize that this crime can have varying degrees of harm as well, and should be penalized accordingly.

A number of factors come into play in a sentencing decision, such as the criminal record of the offender or the severity of harm caused to a victim. Aggravating circumstances are just one more factor that sentencing judges are required to consider that tend to, but are not guaranteed to, increase the severity of the sentence.

When we look at aggravating circumstances that are in section 718 of the Criminal Code, one of them is evidence that the offender, in committing the offence, abused a position of trust or authority in relation to the victim. This would apply in situations where an offender has an existing relationship with the victim, such as a teacher or a coach, or indeed a bona fide peace officer.

However, those who personate peace officers do not fall into this category. I have many esteemed colleagues in the House who are legal experts. I am not a lawyer, but it seems to me that offenders who personate peace officers have not abused a position of authority, for they do not have that position to begin with. This circumstance in section 718 cannot be used, since this would apply to real police officers who would abuse their position of trust. It does not apply to those who are posing as police officers.

If I may reiterate, an offender's false representation of himself or herself as a peace officer is intended to deceive and breach trust and authority, but this deceit is not captured by the existing circumstances that speak to these abuses. I hope that my colleagues in the House will recognize this gap in the law and work with me to fill it as my bill seeks to do.

The House is graced with some former police officers who bring valuable experience to our debate on justice issues and many other issues. I have had discussions with these hon. members about my bill, and I appreciate their support, for they have the unique perspective of having served as police officers. They are very busy people, but they have taken the time to read my bill and offer their support, and I thank them for that.

Police officers are often victims themselves. They serve us all with great courage. They keep us safe from those who would do harm and rarely see justice for crimes that are committed against them personally. We know that the Crown sometimes drops charges of assault against police officers to obtain guilty pleas. As victims who have not been vindicated by the courts would surely confirm, it must be an agonizing outcome for someone to personally deal with, no matter who the person is. I want to recognize and honour all peace officers in Canada. They are all affected by the crime that we are discussing today.

People who have been hurt by someone posing as a police officer understandably would become fearful and have difficulty trusting real police officers. This is very unfortunate, as it affects these victims every single time they encounter a real police officer. It also affects police who are trying to do their job.

There was a case in Calgary where a man personated a police officer and used flashing lights to attempt to pull people over to abduct young females. CBC News quoted a sergeant with the Calgary Police Force who stated that the false representation of a police officer was “a very serious offence”. He went on to say, “We cannot have our confidence in the public eroded. It is very important that we are able to conduct our jobs, and if people do not trust the police or they are worried, it can make our jobs very difficult”.

As that police officer stated, this is a serious crime that has far-reaching consequences, which is further proof that the government did the right thing by significantly increasing the maximum penalty for this crime as former Bill S-4 did.

Police will often remind the public how we can recognize if someone is actually posing as an officer. As police have said, they always carry photo ID and badges. People should never be opening their doors or get our of their cars without seeing photo ID and a badge. An officer will show these when requested. If Canadians are in doubt as to whether or not someone is actually a police officer, they are advised to call 911.

For 34 years I worked with children and young adults. As their teacher I shared their joys of accomplishment as well as their concerns about the future. I was always there to help them through difficult times when they had to deal with terrible ordeals, being a receptive ear to their voices gave me an understanding of how difficult and fragile life can be.

As a member of Parliament I have once again heard such a voice. I shared the same concerns as others in our community when I heard of the disappearance of a young girl from Penhold. Prayers were all that I could offer. No one knew why her car would be left where it was. There was nothing to indicate that she would have strayed from the errand that she was on, nothing. Her parents were frantic and our community of central Alberta empathized while we all waited. Finally the news broke. She had been found.

Only then did the pieces of this horrible ordeal start to make sense. The weapons used by her attacker were flashing lights and an RCMP uniform. That is why the car was left where it was. Her trust of the uniform and the false sense of safety and authority that it presented to her resulted in the most horrendous 46 hours that anyone could imagine.

The subsequent trial of her abductor forced the girl and her family to relive this ordeal. Finally a verdict and a sentence was rendered, but two things haunted them: first, the knowledge that the crime of personating a peace officer amounted to only six months' imprisonment, which was the maximum sentence allowed before the passage of Bill S-4; and second, that in the commission of this crime the weapons used to lure her into a trap would not be recognized for what they really were. She had been deceived of the trust she had in the police and the weapon of deceit was considered as more of a side issue than being the catalyst for the crime.

Personating a police officer to force someone to do something in the hands of a criminal is just as effective as pointing a firearm. It is no less aggravating than breaking and entering with the knowledge that a residence is occupied nor many of the other situations that fall into the category of aggravating circumstances. It is no different to a victim than having been abused by a real, existing position of authority.

Crimes involving firearms and break and entering with intent to encounter a resident necessitates special circumstances in the courts. They are rationalized as aggravating circumstances to ensure that they are treated as seriously as they should be. This is what my bill is designed to do.

As it now reads in section 130 the crime is in the deception of the public about a person's status as a peace officer. It does not differentiate whether or not it was for a specific purpose of facilitating another crime or whether or not another crime is actually attempted or committed. In cases where the deception is intended to and in fact does facilitate the commission of another more serious crime, this is an extremely serious instance of the offence of personating a peace officer and therefore deserves an appropriately high sentence. This bill would give the sentencing courts the tools they need to apply appropriate sentences in these cases.

The day that this brave young lady and her mother came to me for help was the day I knew that my receptive ear that was necessary as a teacher would also be part of my job as a member of Parliament.

I appreciate the help that has been provided to me by representatives in the justice department, the Minister of Justice and the rest of my caucus. I would also like to acknowledge the great work of the talented researchers in the Library of Parliament. I also appreciate the support and understanding that I have received from my colleagues in other parties.

It is my hope that all of my colleagues can recognize the importance of this bill and will see that it is worth supporting.

[Rob Nicholson, Conservative, Niagara Falls, ON]

Thank you very much, Mr. Chair.

I'm pleased to be here before the members of the standing committee to answer questions or hear comments concerning supplementary estimates (B) for the Department of Justice.

As you know, Mr. Chairman, our government was elected on a promise to tackle crime, and we're unwavering in our commitment to fighting crime and protecting Canadians so that our communities are safe places for people to live, raise their families, and do business. To help us fulfill that commitment, I've relied on the advice and the tireless efforts of the employees of the Department of Justice, and I deeply appreciate their support as our government moves forward with its crime agenda.

Our government firmly believes that the protection of society must remain the first priority of our criminal justice system and that sentences should reflect the severity of the crime. To that effect, we've succeeded in implementing legislation to ensure adequate sentences, such as our comprehensive Tackling Violent Crime Act, which legislated tougher jail time for serious gun crimes, increased the age of protection from 14 to 16 years to better protect our youth from adult sexual predators, and provided strong penalties for alcohol-impaired driving. In addition, we've also increased penalties for those convicted of street racing, ended conditional sentences for serious personal injury offences, and passed legislation to combat illegal copying of films in movie theatres.

In our fight against identity theft, we have succeeded in adding three new offences to the Criminal Code through Bill S-4, targeting the early stages of identity-related crime and giving the police the tools they had been lacking to move against this ever growing problem before the damage is done.

With regard to gangs and organized crime, we have passed Bill C-14, which will increase penalties for murders and reckless shootings connected to these activities. Once it comes into force, any murder connected to organized crime activity will automatically be considered first degree and subject to a mandatory sentence of life imprisonment without eligibility for parole for 25 years.

On October 22, our government succeeded in eliminating two-for-one credit for time spent in jail while waiting for trial, a practice that disproportionately reduced prison sentences for some violent offenders. Police associations, victim groups, and indeed all provinces and territories expressed their support for that bill.

Mr. Chairman, our government has made great strides, but there is more that we can be doing to protect Canadians. For example, in recent months I have spoken to victims of various fraud schemes and white collar crime, and they clearly attested to the gravity of those crimes. Fraud can have a devastating impact on the lives of its victims, not only as it affects their financial security but also through feelings of humiliation for having been deceived and voluntarily handing over their life savings. These schemes can be every bit as devastating as a physical assault.

The determination of these victims to call for action on fraud in the face of their emotional turmoil reaffirmed the need to act quickly and effectively against this type of crime. That's why I recently introduced Bill C-52, which cracks down on white collar crime and fraud and increases justice for victims.

These measures will allow victims to be heard and their concerns to be taken seriously by the courts.

We've also taken extremely seriously the many instances of child sexual exploitation facilitated by the Internet. The worldwide web provides new and easier means for offenders to make, view, and distribute child pornography, resulting in a significant increase not only in the availability and volume of pornography but also in the level of violence perpetrated against children.

Our government recently proposed a mandatory reporting regime across Canada that will require suppliers of Internet services to report certain information about Internet child pornography. This is one more step in our efforts to better protect children from sexual predators and help police rescue these young victims and prosecute the criminals responsible.

Our government has shown its concern for the victims of multiple murderers and their families. We firmly believe that the families of murder victims should not be made to feel that the life of their loved one doesn't count. This is why I tabled Bill C-36, which will permit judges to impose consecutive periods of parole ineligibility for multiple murderers.

While there can only be one life sentence for an offender who commits more than one murder, the parole ineligibility period, 25 years in the case of a first-degree murderer, could be imposed consecutively for each subsequent murder. In addition, we continue to seek elimination of the “faint hope” clause of the Criminal Code. By saying no to early parole for murderers, our government hopes to spare families the pain of attending repeated parole eligibility hearings and having to re-live these unspeakable losses over and over again.

Both of these pieces of legislation would acknowledge the value of every life taken by this most serious of crimes. It would ensure the criminals responsible serve a sentence that more adequately reflects the gravity of their crimes.

Mr. Chair, protecting people is a priority, not an afterthought. Our government remains committed to improving our justice system in order to properly address the problem of drug producers and traffickers.

Last spring I was in Vancouver to announce, alongside senior law enforcement officials, that our government was seeking to amend the Controlled Drugs and Substances Act by introducing Bill C-15.

This legislation would impose mandatory sentences on drug producers and traffickers, especially targeting the criminal enterprise of gangs and other violent criminal organizations, because we know that drugs are the currency of organized crime.

Having this legislation passed as quickly as possible would better protect our communities and send a clear message that if you produce and traffic in marijuana, if you're into the grow op business in residential neighbourhoods, if you threaten the safety of Canada's communities, you will serve jail time.

It's been six months since that bill was referred to the Senate. It's still not out of committee. I certainly urge all members of Parliament to do whatever we can to ensure and promote and push to get that important piece of legislation passed.

We are doing many things at the department. One of the things we are doing is investing some $10 million in the guns, gangs, and drugs initiative, which funds community-based programs that seek to help youth resist the lure of gang involvement and illicit drug use.

The Department of Justice is also committed to continuing to play a leadership role in strengthening the justice system through non-legislative means. The department has requested some $3 million in the main estimates for grants and contributions under the justice partnership and innovation program. This program contributes to policy development to ensure that justice remains accessible, efficient, effective, and that it reflects Canadian values.

We're also committed to helping victims better navigate and deal with the criminal justice and correctional systems. To that end, we have increased allocations to the victims fund to, among other things, provide greater financial assistance to those victims who wish to attend national parole board hearings, assist Canadians victimized abroad, provide additional funding to provincial and territorial governments to enhance or develop new services for underserviced victims of crime, and provide resources to the territories to directly assist victims with emergency costs.

In total, we have increased the funding for the federal victim strategy by $52 million over four years. We've also created the independent federal ombudsman for victims of crime to ensure that the federal government lives up to its commitments and obligations to victims of crime and to give victims a strong and effective voice in the criminal justice system.

We also recognize that aboriginal people enter our justice system in disproportionate numbers. As a result, we have renewed our commitment to the aboriginal justice strategy until 2012. We will make an additional investment of $40 million, for a total of $85 million over five years.

The strategy funds programs that provide justice services to more than 400 aboriginal communities across Canada, helping to hold offenders accountable for their actions, increase awareness of victims issues, and promote greater youth connection with aboriginal culture and traditions.

Mr. Chairman, ours is a busy agenda. I think we are doing important work. It's an important component of what we are here to do as members of Parliament.

I thank this committee for its work in moving forward on these justice initiatives. I look forward to more cooperation from this committee. Thank you again.

[The Honourable Rob Nicholson, Conservative, Rob Nicholson]

Thank you very much, Mr. Chair.

The short title of this was just pointed out to me. You can refer to it as the Retribution on Behalf of Victims of White Collar Crime Act. It's also known as Bill C-52. This enhances the sentencing provisions for fraud, in particular white collar crime.

The Criminal Code already criminalizes a vast array of what could be called white collar crime, such as bribery, credit card fraud, and forgery, and with the passage of Bill S-4, identity theft, Mr. Chairman. I'm glad to get that one passed. That's an important contribution in this area.

The offence of fraud is the most important offence in our arsenal against white collar crime. Fraud consists of two elements: deception or dishonesty, coupled with an actual loss of money or other items of economic value or merely the risk of such loss. So you can see the breadth and flexibility of this offence is adequate to capture security-related frauds like accounting frauds that overstate the value of securities issuers to shareholders and investors, misstatements about the state of the company, or Ponzi schemes of this sort, which has attracted so much attention recently in the United States and Canada.

The fraud offence is also an effective weapon against other kinds of fraud, such as mass-marketing fraud, real estate or title fraud, home renovation fraud, health care fraud, or other kinds of insurance fraud, tax evasion, and old scams now perpetrated with new technologies.

For too long I believe our justice system has not focused enough on the scam artists who take advantage of the trust of others. With the global economic downturn, as I indicated, massive Ponzi schemes have been revealed. I think that underlines the point we've made here and in the House of Commons and to the public at large that we must send a new, stronger message in this area.

The government has a comprehensive plan for sending that message. As members of the committee, you are all aware that the key aspect of the government's response is Bill C-53, which eliminates accelerated parole under the Corrections and Conditional Release Act. This is the responsibility of the Minister of Public Safety, but of course it is a legislative initiative I strongly support.

Another piece of our plan is Bill C-42, which will put an end to conditional sentences for fraudsters, among others.

Let me return to Bill C-52, the Retribution on Behalf of Victims of White Collar Crime Act. To improve the law quickly the government wanted this piece of legislation to be entirely focused. For this reason, the various sentencing measures in this bill are targeted at fraud offenders specifically. The current maximum penalty is 14 years imprisonment, the highest maximum in the code short of life. The maximum sentence is adequate, but we believe that more can be done to ensure that sentences reflect the devastation caused by fraud.

The first amendment in Bill C-52 is a mandatory penalty for fraud in excess of $1 million. Fraud over $1 million is currently a statutory aggravating factor. This bill will convert that aggravating factor into a circumstance that results automatically in a mandatory penalty of at least two years in prison. Any fraud or series of frauds that result in the loss of more than $1 million must necessarily have been the result of a complex, well-organized, well-planned scheme and quite likely supported by additional crimes, like forgery. Any fraud that rises to this level of loss must be considered serious.

Many frauds, as we know, are larger than this, so it's important to be clear that two years is the floor, not the ceiling. The actual sentence imposed for a larger fraud will obviously reflect all the additional blame for the elements of that fraud, many of which are captured by existing aggravating factors under section 380.1 of the code. This bill will supplement those aggravating factors with new ones if the duration, complexity, magnitude, or degree of the planning was significant; if the offence had a significant impact on the victim, given their personal circumstances; if the offender failed to comply with applicable regulatory or licensing regimes; or if the offender concealed or destroyed relevant records.

All of these factors highlight, in one way or another, conduct or results that are completely unacceptable to Canadians. The new aggravating factors, in conjunction with the existing ones, will be applied by sentencing courts to arrive at a just sentence on the particular facts of each case.

Another new measure is the introduction of a prohibition order that can be part of the sentence. The Criminal Code has several prohibition orders in place that are designed to help prevent offenders from reoffending. One such example is the order that is often made against a person convicted of a number of child sexual offences. The order, for instance, could prohibit them from, among other things, working in schools or other places where they would be in a position of trust or authority over young people.

Along the same lines, this bill will enable the court to order that the convicted offender be prohibited from having control over or authority over another person's money or real or valuable securities--up to life. Breaching this prohibition order will itself be an offence.

Other aspects of Bill C-52 focus on improving the responsiveness of the justice system to the needs of victims. It contains provisions designed to encourage the use of restitution orders in fraud cases. The Criminal Code currently enables judges to order offenders to pay restitution to victims in appropriate circumstances. Restitution may be ordered to help cover monetary losses incurred by victims, among other things as a result of the loss of property caused by a crime. Bill C-52 would require judges to consider restitution in all cases in which an offender is found guilty of fraud. If a judge decides not to make a restitution order, he or she would have to give reasons for declining to do so.

The bill would require a judge, before imposing a sentence on an offender, to inquire of the crown whether reasonable steps had been taken to provide victims with an opportunity to indicate whether they are seeking restitution. This is designed to ensure that sentencing does not take place before victims have had a chance to indicate that they would like to seek restitution from the offender, as well as allow time for victims to establish their monetary losses.

The bill contains provisions aimed at encouraging courts to consider the impact that fraud can have, not only on individuals but also on groups and communities. The Criminal Code currently requires courts, when sentencing an offender, to consider a victim impact statement describing the harm done to or the loss suffered by a victim of the offence. Canadian courts have already in previous cases considered impact statements made on behalf of a community.

This bill would explicitly allow courts to consider a statement by a person on a community's behalf describing the harm done to or the losses suffered by the community when imposing a sentence on an offender found guilty of fraud. A community impact statement would allow a community to express publicly, and to the offender directly, the loss or harm that has been suffered in order to allow the community to begin a rebuilding and healing process.

Mr. Chairman, those are the major elements of this bill. I look forward to the speedy passage of this important piece of legislation.

Thank you.