Protecting Canadians by Ending Sentence Discounts for Multiple Murders Act

An Act to amend the Criminal Code and to make consequential amendments to the National Defence Act

This bill is from the 40th Parliament, 3rd session, which ended in March 2011.

Sponsor

Rob Nicholson  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

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

This enactment amends the Criminal Code with respect to the parole inadmissibility period for offenders convicted of multiple murders. It also makes consequential amendments to the National Defence Act.

Similar bills

C-54 (40th Parliament, 2nd session) Protecting Canadians by Ending Sentence Discounts for Multiple Murders Act

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-48s:

C-48 (2023) Law An Act to amend the Criminal Code (bail reform)
C-48 (2017) Law Oil Tanker Moratorium Act
C-48 (2014) Modernization of Canada's Grain Industry Act
C-48 (2012) Law Technical Tax Amendments Act, 2012

Protecting Canadians by Ending Sentence Discounts for Multiple Murders ActGovernment Orders

February 1st, 2011 / 3:55 p.m.

Fort McMurray—Athabasca Alberta

Conservative

Brian Jean ConservativeParliamentary Secretary to the Minister of Transport

Madam Speaker, I am curious. I noticed that the member said that out of about 140 people who were paroled and released into the community, only two had re-offended or at least reoffended with violence against society. Aggravated assault and robbery, in my mind as a criminal lawyer, are very serious indeed and are some of the more serious offences contained within the Criminal Code.

I wonder if the member has checked with the victims who were robbed and subjected to aggravated assault or with the families of victims on how they would feel about those people being put back into the community.

I wonder how the member justifies the fact that these people may misbehave in jail as a reason they should be allowed out. It just does not seem to make sense. I mean, if they are misbehaving in jail, they certainly will misbehave in society and should never be let out. Some people cannot be rehabilitated.

Finally, what does that have to do with the death penalty? The member raised the issue a couple of times. I do not know what he is talking about as far as the bill having any relevance to that issue. We are not even discussing that right now.

Protecting Canadians by Ending Sentence Discounts for Multiple Murders ActGovernment Orders

February 1st, 2011 / 3:55 p.m.

Bloc

Marc Lemay Bloc Abitibi—Témiscamingue, QC

Madam Speaker, my colleague has just opened a dangerous door and I would need more time to answer. First, he has not understood anything. Second, he does not want to understand anything. Third, and worst of all, if Bill S-6 were to pass tomorrow, it would be the first step towards reinstating capital punishment in Canada. That is very clear and I stand behind my opinion.

Here is the worst part. What will an inmate do if he has no other options and must remain in prison for the rest of his life? He will commit murders for gangs. If my colleague needs some examples, I will give him three, outside the House. I invite him to go to the Sainte-Anne-des-Plaines, Kingston and Port-Cartier institutions. That is the problem posed by Bill S-6.

I am not saying that an inmate with bad behaviour in prison must be paroled. I have never said that. On the contrary, an individual who wants to return to society must be ready, rehabilitated and capable of being an asset to society. Otherwise, he will remain in prison. I hope that it is clear this time. That is not what Bill S-6 is all about. I invite my colleague to reread the bill. If necessary, I will give him a free course on criminal law in the next few days.

Protecting Canadians by Ending Sentence Discounts for Multiple Murders ActGovernment Orders

February 1st, 2011 / 3:55 p.m.

The Acting Speaker Denise Savoie

It is my duty, pursuant to Standing Order 38, to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Cape Breton—Canso, Employment Insurance; the hon. member for Nanaimo—Cowichan, Rail Transportation; the hon. member for Edmonton—Strathcona, The Environment.

Protecting Canadians by Ending Sentence Discounts for Multiple Murders ActGovernment Orders

February 1st, 2011 / 4 p.m.

Liberal

Sukh Dhaliwal Liberal Newton—North Delta, BC

Madam Speaker, I am pleased to stand once again to speak to Bill C-48, which has now reached third reading and is close to realizing the vision of the member for Mississauga East—Cooksville whose private member's bill inspired its content.

As I have spoken about many times over my five years in this House, my colleague and I have been pushing for an end to automatic concurrent sentences for multiple murderers and rapists. I was proud to be the seconder to this important bill when it was brought forward in 2007.

Having spoken to many victims of crime and their families over the years, I became aware of how much of an insult and travesty the notion of volume discounts was within our justice system. The ability to serve penalties simultaneously is a slap in the face to those who have any sort of respect for human life. The murder of victim number two, three, four or five is just as significant, just as impactful and just as heinous as the murder of victim number one. The order in which the crimes were committed should have absolutely no bearing on the way in which a perpetrator is sentenced.

This House is no doubt aware of the stories of Ed Schellenberg and Chris Mohan, because I have taken every opportunity to share them with my fellow members. For my family, including my daughter, Keerat, who is in Ottawa today, and for the residents of Surrey and Delta, the tragic end to the lives of those two gentlemen was very personal and emotional because they were innocent bystanders caught in the crossfire of the most callous of criminals. Today I will once again share their story so their names are at the forefront of the mind of every one of my colleagues when they vote on this bill.

It was the fall of 2007 when plumber Ed Schellenberg was repairing a fireplace in a 15th floor apartment. At the same time, in a neighbouring suite to the one in which Mr. Schellenberg was working, Chris Mohan was on his way out to play hockey. The nefarious activities that were taking place on that 15th floor in another suite meant that both Mr. Schellenberg and Mr. Mohan became collateral damage for a group of criminals whose regard for anyone besides themselves was non-existent. Gang activity in support of the drug trade took the lives of two men who had absolutely nothing to do with the situation.

Canadians should not have to live in fear of conducting their daily lives in places where they have every right to be. The fact that these terrible murders took place in a residential building in the middle of a quiet neighbourhood makes this incident that much more frightening to contemplate.

Now, thanks to the tireless work of the Surrey RCMP and the integrated homicide investigation team, those individuals who were responsible for this brutality are now in custody and at various stages of the justice process. Our front-line defenders have done their job and have made residents of my riding of Newton—North Delta and those living across Surrey that much more safe and secure in their own communities.

However, now it is time for us as legislators to do our job because, as things currently stand, the courts are helpless because of current laws. The perpetrators of the Surrey Six slayings are counting their lucky stars that current laws allow for no additional punishment for the murders of Ed Schellenberg and Chris Mohan.

There was no deterrent to these criminals before they took lives and there is certainly no fear now that they are about to face the consequences of their actions. I say that it is about time that we, as representatives of the people, close this loophole.

There must be a difference for those who commit a single act of sexual assault or murder and those who go on a spree and impact many victims. Our laws must reflect the sanctity and respect for human life that is missing in these murderers. There can no longer be any delays due to parliamentary procedure or posturing of a government more concerned with politics than real change.

In 1999, a similar bill was passed in the House of Commons, but due to a general election being called, it died in the Senate. Since the member for Mississauga East—Cooksville reintroduced her private member's bill in 2007, the government has taken every opportunity to create manufactured obstacles to its passage.

I call on members of the government to stop the political games. No more proroguing Parliament, no more political filibustering and no more false accusations against members of my party, who are willing to work together to truly get tough and smart on crime. It does not matter that it was first a Liberal idea. All that matters is that we, as members of the House of Commons, are guided by the constituents we represent and the victims and families who have fallen through the cracks.

I know for a fact that over the years there have been many sentences imposed by judges who were pained to do so. They wanted to lay down stiffer sentences but were completely handcuffed by the parameters of the law. Bill C-48 is going to change all of that.

Before I conclude, I want to recognize the fantastic amendment made to the bill at the committee stage by the member for Notre-Dame-de-Grâce—Lachine, who has suggested that all decisions, whether with or without a consecutive sentence, should include a verbal or written explanation. It is always useful to know reasons for the important decisions and judges would not mind this requirement.

I encourage all of my colleagues from all parties to finally pass the bill and ensure that another victim is never again taken for granted by our laws.

Protecting Canadians by Ending Sentence Discounts for Multiple Murders ActGovernment Orders

February 1st, 2011 / 4:05 p.m.

Liberal

Paul Szabo Liberal Mississauga South, ON

Madam Speaker, I remember very well the private member's bill on consecutive versus concurrent sentencing. That bill was in fact gutted in committee at that time and I know the member worked very hard to try to get it reinstated.

The debate that has occurred so far has to do in great part with whether Bill C-48 provides the right balance in terms of dealing with multiple murders considering the situation we have with Bill S-6, the faint hope clause. Would the member care to comment on how justice is served and the public safety objectives of the criminal justice would be better served by Bill C-48?

Protecting Canadians by Ending Sentence Discounts for Multiple Murders ActGovernment Orders

February 1st, 2011 / 4:10 p.m.

Liberal

Sukh Dhaliwal Liberal Newton—North Delta, BC

Madam Speaker, the bill is in fact very balanced. On one side it gives powers and resources to judges to make decisions on multiple murders and whether they should be giving sentences as consecutive or concurrent. By including consecutive sentences as part of our law through this bill it would provide a balance to the system.

Protecting Canadians by Ending Sentence Discounts for Multiple Murders ActGovernment Orders

February 1st, 2011 / 4:10 p.m.

Bloc

Christian Ouellet Bloc Brome—Missisquoi, QC

Madam Speaker, I am pleased to speak on behalf of the Bloc Québécois about Bill C-48, which has to do with parole and cumulative sentences. This bill offers an option. It is not often that we see a crime bill introduced by the Conservatives that gives judges options. In this case, it gives them the option of imposing additional periods of parole ineligibility in cases of multiple murders. It gives judges the choice of adding them. The Bloc always likes putting things in the hands of judges for obvious reasons.

In a murder case, the judge and the jury can very quickly make recommendations on parole. There is a prison in my riding and I know people who have committed crimes, who are in this prison and who will one day have their sentences reduced or be released on parole and thus return to society. These people are all prepared to do so, and I do not see why we would keep someone in prison who had one moment of weakness, a momentary lapse, or simply a lack of understanding of our society's values. I do not see why we would never give them the possibility of living a normal life.

The Bloc Québécois is in favour of the principle of Bill C-48. I think it will be interesting, in committee, to ensure that the basic principles that give freedom to judges are conserved. This bill has to do with murder, the worst crime, which has the most significant consequences for victims and which affects the public the most. Bill C-48 would enable judges to increase parole the ineligibility period when they are pronouncing a sentence—not after, of course—in cases of multiple murders.

As my hon. colleague said earlier, multiple murders are very rare. In fact, only 0.2% of all murders in Canada in the last 35 years were multiple murders. These are major offences, I agree, but they are also extremely rare. What that means is that a good number of the bills now before the House deal with extremely rare incidents, probably because the government cannot find more general issues to address and, as we know too well, the government likes to say it is tough on crime and to put a good spin on it.

We all agree that the most serious crimes deserve the most serious penalties and are therefore subject to imprisonment for life. Sentences that are too light or parole that is too easy, such as parole after one-sixth of sentence—and we introduced a bill to do away with that—undermine the judicial system and only give credence to the misguided notion that criminals are treated better than their victims.

By the way, this bill does not improve the lot of the victims. The government keeps saying that we must focus on the victims of crime, but it has not done so in this bill. This bill is all about the criminals.

It seems unusual that a second murder would not result in an additional sentence. We all agree on that. Under Bill C-48, the judge would at least have the option of imposing consecutive periods of parole ineligibility. It would be up to him to decide.

But the Bloc Québécois thinks that punishment cannot be the sole objective of the legal system, to the detriment of rehabilitation and reintegration. We still believe in that, and we do not expect to change our minds soon. In fact, we are not the only ones who believe that parole, rehabilitation and reintegration are important. Last week, there was an article in the paper from a coalition of eleven Christian churches in Canada that said: “According to the Church Council on Justice and Corrections, the criminal justice policy of the Conservative government is not helping the victims or the offenders.” That rather confirms what I was saying earlier. Bills are always drafted to deal with criminals, not to assist the victims.

This article listed what the eleven churches want people to know. It asked what Jesus would do with modern-day criminals. It asked if he would let them languish behind bars even longer or if he would try to reintroduce them into society. It is an interesting question because the Conservatives often fall back on the religious view of punishment. They have built their preconceived notions of crime on a that foundation. And now the religious are reminding them of that.

That is how the eleven churches stated their position. It comes at the moment when the government, with bills like Bill C-48 and all of the other bills it is introducing, is already seeing it will need to build more and bigger prisons. In my riding as well, apparently the prison will be expanded to add 192 beds. Yet, for 10 or 15 years, the number of inmates in that prison has decreased on a regular basis. Why? Because there has been an increase in rehabilitation—more people on parole who have been rehabilitated. However, it seems that they will succeed in having more laws that will lengthen sentences and so, we will need more prisons.

What is interesting, and Bill C-48 would lead to this as well, is that 192 prison beds will cost $45 million. Simple division reveals that each concrete bed will cost $248,000. This amount represents two social housing units for prisoners, two units out in our society. The Conservatives prefer to build jails and take people out of society at the attractive price of $248,000 per prisoner. You must agree that this money would allow us to do other things on the outside.

The interesting part that I would like to share is where all of the churches of Canada are listed, be they Catholic, Protestant, Lutheran, etc. This is what it says:

This group believes that incarcerating criminals for longer and longer periods, which is what the Conservative government in Ottawa is proposing, does not benefit either victims or offenders.

This is quite basic. I will continue:

I am most concerned that you and the Government of Canada are prepared to significantly increase investment in the building of new prisons.

These are religious leaders saying this. They went on to say:

Proposed new federal laws will ensure that more Canadians are sent to prison for longer periods, a strategy that has been repeatedly proven neither to reduce crime nor to assist victims.

If I understand correctly, Bill C-48 would put people in prison for longer periods of time to ensure that they do not reoffend. People are beginning to realize that it is not the length of time spent in prison that matters, but rather it is the money that is invested in rehabilitation. Offenders need to be re-educated, to be taught the moral values of society, to learn a trade, and they need to be looked after when they are released. Instead of simply giving them a cell in a prison, they must be given a place to live, a job, and a chance to return to society. Those are the ones who will not reoffend. We have a long way to go. We seem to be forgetting about victims.

I will continue quoting these religious leaders, because what they are saying is interesting:

These offenders are disproportionately poor, ill-equipped to learn, from the most disadvantaged and marginalized groups.

This is how religious leaders, who are also part of society, describe criminals.

They require treatment, health services, educational, employment and housing interventions, all less expensive and more humane than incarceration.

That is far from what is happening in Bill C-48, even though, in reality, there is nothing shocking about it. The principle is fine, but we can see that it is leading down the same path. They want to be able to incarcerate an increasing number of people.

The bishops continue:

We are called to be a people in relationship with each other through our conflicts and sins, with the ingenious creativity of God's Spirit to find our way back into covenant community.

They did not mean a community of Alliance members. What surprises me is that the Conservatives, who are so respectful of religion, do not listen to messages as important as this one and continue to think that the only way to make criminals disappear is to put them in prison.

Coming back to the quote:

How can that be if we automatically exclude and cut ourselves off from all those we label “criminal”?

There is a lot of wisdom in that. It is a pleasure for me to say so here in the House because I do not talk about religion very often. Sometimes I do, though, because I think these people have good things to say, as can be seen here. Their message is worth repeating. That is why they said it, so that it would be repeated and we could try to make the Conservatives understand that being tough on crime is not the only path but there are also rehabilitation paths.

In my riding, when the Conservatives came to power in 2006, before the second election they won, they eliminated one streetworker job.

I will not mention the town because that would be giving away too much. This streetworker made $40,000 a year. The Conservative government saved $40,000 a year even though this worker could have been out helping youths who were having difficulties and giving them advice to keep them out of jail. He could get them interested in other things such as learning a trade. He could encourage them to show more respect and give them some concept of morality, which they had not necessarily acquired in broken homes. The $40,000 that the federal government saved is not even a drop in its budget, hardly even one electron.

The opposition maintains, quite rightly, that there should be fewer crime bills. We have the impression that the government mostly just wants to make political hay by being tough on crime, as my colleague said. There were only about 45 recidivists among the 2,900 murderers in Canada over 35 years. We are talking, therefore, about an infinitesimal number. So why rework so many laws? Why not pass a general act instead of acts with such a narrow focus each time?

Here is a quote from some church members on their view of human dignity:

Our Church supports restorative justice...Both for moral and practical reasons, society should be concerned not only with how long prisoners are incarcerated for, but with their character when they leave prison. Every person is made in God's image and has received the gift of dignity...Our goal is not to be for or against a government, but to explain that there are alternatives to prison.

The Bloc Québécois also supports this type of restorative justice. These words should linger and influence current legislation.

They are not trying to engage in politics. They are trying to make the government understand that we cannot invest in prisons indefinitely. It is not a solution. The solution is to come back to rehabilitation.

Protecting Canadians by Ending Sentence Discounts for Multiple Murders ActGovernment Orders

February 1st, 2011 / 4:30 p.m.

Liberal

Paul Szabo Liberal Mississauga South, ON

Madam Speaker, I appreciate the member's frankness in talking about the broader dimension of our human responsibilities and the fact that the role of the criminal justice system is not simply to punish. Prevention is part of it, certainly punishment is an element, but then we have rehabilitation and reintegration.

It seems to me that an easy solution is Bill C-48, having more and more people stay in jail for longer periods of time and then we would not have to worry about whether they would be a problem. That is the important element of Bill C-48. We demonstrate a confidence level in judicial discretion. Public safety is extremely important and we should always show respect for the public safety issue. However, eventually people get out, even when they do bad things, and we want to be absolutely sure.

I appreciate the member's comments and acknowledge his openness with the House.

Perhaps the member would comment on whether Bill S-6 on the faint hope clause is consistent with the idea that there are people who are not Clifford Olson, that public safety is not at risk and that maybe there are good public service and safety reasons for early parole in certain circumstances.

Protecting Canadians by Ending Sentence Discounts for Multiple Murders ActGovernment Orders

February 1st, 2011 / 4:30 p.m.

Bloc

Christian Ouellet Bloc Brome—Missisquoi, QC

Madam Speaker, I thank my colleague for the very interesting question. I also thank him for appreciating the fact that I spoke about moral values.

The value of this bill lies in the fact that it gives judges the discretion to assess people who have committed such horrible crimes as murder and consider whether their culpability, depending on the circumstances, is greater if they have committed two murders at the same time, or if they have committed two murders, one after the other. Is a person a greater danger to society if he has killed three of his children at the same time or if he has killed only one of his children? That is what must be determined.

It is fortunate that judges can consider this because there is no neat mathematical formula for culpability. Moral values must always be the values on which decisions are based. There are serial killers, but they are already subject to a life sentence without possibility of parole. We are not talking about them, but about a few people who are not necessarily a danger in the long term, but who had a moment of great weakness.

Protecting Canadians by Ending Sentence Discounts for Multiple Murders ActGovernment Orders

February 1st, 2011 / 4:30 p.m.

The Acting Speaker Denise Savoie

Is the House ready for the question?

Protecting Canadians by Ending Sentence Discounts for Multiple Murders ActGovernment Orders

February 1st, 2011 / 4:30 p.m.

Some hon. members

Question.

Protecting Canadians by Ending Sentence Discounts for Multiple Murders ActGovernment Orders

February 1st, 2011 / 4:30 p.m.

The Acting Speaker Denise Savoie

The question is on the motion. Is it the pleasure of the House to adopt the motion?

Protecting Canadians by Ending Sentence Discounts for Multiple Murders ActGovernment Orders

February 1st, 2011 / 4:30 p.m.

Some hon. members

Agreed.

Protecting Canadians by Ending Sentence Discounts for Multiple Murders ActGovernment Orders

February 1st, 2011 / 4:30 p.m.

The Acting Speaker Denise Savoie

(Motion agreed to, bill read the third time and passed)