Bill C-48 (Historical)

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 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.

[James Bezan, Conservative, Selkirk—Interlake—Eastman, MB]

If we're only talking about one victim per murderer who abducted, raped and killed their victim, if they're talking three years over 25 years or even 40 years, it's somewhere between 75 and 120 families. I believe that the multiple serial killers, like Robert Pickton or Bruce McArthur, those individuals would fall under Bill C-48 and they wouldn't get the discount for multiple murders.

[Dave MacKenzie, Conservative, Oxford, ON]

You mentioned the Bruce McArthur case. I think there are eight victims in that situation. Bill C-48 would allow for consecutive terms there, but in this situation, if he had been apprehended after one victim, he would fall under what you have here in this bill.

[James Bezan, Conservative, Selkirk—Interlake—Eastman, MB]

Well, when you look at the cases around people like Paul Bernardo or Clifford Olson, because of Bill C-48 ending sentence discounts for multiple murders, those psychopathic serial killers will be already captured by that bill. They can get consecutive life sentences of up to 25 years.

This is really about that single case like Tori Stafford's, where we can increase it from 25 to 40 years. Again, it's about those families. Part of what I originally drafted in 2012 has been taken care of under Bill C-48, but we still have that hole of those heinous murderers who go out there and find that one child or that one victim, and then brutally torture, sexually assault and kill them.

[James Bezan, Conservative, Selkirk—Interlake—Eastman, MB]

Thank you, Mr. Chair and colleagues.

It's indeed a pleasure to be able to appear on my private member's bill, an act to amend the Criminal Code (increasing parole ineligibility), Bill C-266, the short title of which is the respecting families of murdered and brutalized persons act.

I originally introduced this bill in the first session of the 41st Parliament as Bill C-478. I was promoted in 2013 to parliamentary secretary for defence and had to drop my private member's bill, even though it had received second reading and had been sent it to committee.

The bill was picked up in the second session of the 41st Parliament by our former colleague Colin Mayes, who was the MP for Okanagan—Shuswap, as Bill C-587. It made it through committee, but then there was dissolution of Parliament for the 2015 federal election and that put an end to the bill's moving forward.

This bill amends section 745 of the Criminal Code of Canada to give the power to our judicial system to increase parole ineligibility up to 40 years from the current maximum of 25 years for those who commit a crime of abduction, sexual assault and murder.

Right now, there are charges for all those crimes, under sections 279, 280, 281, 282 and 283 of the Criminal Code for abduction, while sexual assault charges are defined under sections 151 to 153.1, 271, 272 and 273 of the Criminal Code, as well as murder in the first and second degree.

What this bill will do is give the full discretion to our judges and juries. After an individual is convicted of crimes, the judge must ask the jury if they “wish to make a recommendation with respect to the number of years that the accused must serve before the accused is eligible for release for parole”. It is not mandatory for the jury to provide a recommendation, and the judge is not beholden to the jury in taking the recommendation, should it be made.

I know there are some concerns around whether or not this violates section 12 of the charter regarding cruel and unusual punishment. I should state again that this is strictly judicial discretion. The parole ineligibility period can be set at anywhere from 25 years up to 40 years, based upon the discretion of the judge. When determining the parole ineligibility period, the judge must have “regard to the character of the offender, the nature of the offences and the circumstances surrounding their commission”.

I modelled my bill after former Bill C-48, the Protecting Canadians by Ending Sentence Discounts for Multiple Murderers Act. Again, that piece of legislation has stood up to a charter challenge and afforded judges the ability to extend parole ineligibility periods for multiple murder convictions. Rather than having them concurrent, they are now served consecutively.

The way I came up with 40 years for parole ineligibility for the commission of a crime that involves the abduction, sexual assault and murder of an individual, it's on that same transaction. Again, looking at consecutively serving that sentence, for murder, it's 25 years without parole, while abduction faces a maximum parole ineligibility period of 10 years and sexual assault faces a maximum parole ineligibility period of 4.6 years. That's how I arrived at 40.

I can't stress enough that this bill targets the most depraved of our society. It targets those who have never received parole, so we aren't doing anything to further punish the criminal. This is about sparing the families from appearing at unnecessary parole board hearings.

As you know, right now, even if somebody has a life sentence for committing a crime, they can, at year 23, start applying for parole. All too often, we've witnessed that when these individuals apply for parole, they use it as an opportunity to feed their depraved nature and revictimize the families. That's why I brought this forward. It was to be compassionate to the families who have gone through these ongoing, unnecessary and extremely painful Parole Board hearings.

When it comes to the type of criminal this targets, we're talking about criminals like Michael Rafferty and Terri-Lynne McClintic, who abducted, raped and murdered Tori Stafford; Paul Bernardo, who back in the 1990s abducted, raped and murdered Leslie Mahaffy and Kristen French. One of the things that really drove me on this was, if you remember back in 2009-10, the ongoing investigation in the arrests of Terri-Lynne McClintic and Michael Rafferty. It was all over the news. As a father of three daughters, it really hurt me knowing that this poor little girl had suffered so badly.

Clifford Olson, at that time, was diagnosed with cancer and was dying in prison. I was driving around in my riding listening to CBC and they were talking to Sharon Rosenfeldt, whose son, Daryn, had been murdered by Clifford Olson. Clifford Olson applied for parole on three occasions. First he used the faint hope clause which existed at that time, and then at year 23 and year 25, he applied for parole again. He used those opportunities to describe in graphic detail how he murdered the Rosenfeldts' son. He would send letters to them, hoping that they'd appear at the Parole Board hearing so he could describe how he killed Daryn.

We know that these individuals never get parole. Parole boards have been very consistent that these psychopaths are never released, so why would we put the families through these ongoing and unnecessary Parole Board hearings? They feel obligated to be there, to stand up for the rights of their loved one, to read their victim impact statement and ensure that the Parole Board never forgets about the heinous crimes that these individuals have committed.

We're also talking about David James Dobson, who murdered Darlene Prioriello. I worked quite closely with Darlene's sister Terri on this bill. Donald Armstrong abducted, raped and murdered Linda Bright back in 1978, and Glenna Fox. David Threinen abducted, raped and murdered Dahrlyne Cranfield, who was only 12 years old; Robert Grubesic, who was nine; Samantha Turner, who was eight; and Cathy Scott, who was seven years old. He died in custody.

We're talking about the Russell Williams, the Luka Magnottas, the Robert Picktons. More recently, in Toronto, Bruce McArthur killed eight men. He abducted them, raped them and then brutally murdered each and every one of his victims.

Mr. Chair, how much time do I have?

Respecting Families of Murdered and Brutalized Persons Act

[Michael Cooper, Conservative, St. Albert—Edmonton, AB]

Madam Speaker, it is a pleasure to rise to speak in strong support of Bill C-266, introduced by my friend, the hon. member for Selkirk—Interlake—Eastman. This is legislation that seeks to amend section 745 of the Criminal Code to provide a judge with the discretion to increase the parole ineligibility period from the current 25 years to up to 40 years for individuals who are convicted of abducting, sexually assaulting and murdering the same victim.

Before discussing the merits of the bill, let me just note that the bill was introduced by the member for Selkirk—Interlake—Eastman in the last Parliament and carried forth by the former member for North Okanagan—Shuswap when the hon. member was appointed parliamentary secretary. It is a bill that passed second reading. It is a bill that was carefully studied at the justice committee. It is a bill that enjoyed the support of both Liberal and Conservative MPs, and it is a bill that simply because of timing did not make it through the last Parliament.

First degree murder is the most serious offence in the Criminal Code. That is why individuals who are convicted of this offence are subject to an automatic sentence of life and are also subject to a parole ineligibility period of at least 25 years.

However, as I noted in the question that I posed to the member for Selkirk—Interlake—Eastman, not all murders are equal. There are some murders that are so heinous, so sadistic, so violent, that they fall into a category unto themselves. That is the object of this piece of legislation. It is directed at those offenders, those individuals who have committed such a heinous crime and whose character is so irredeemable that for all intents and purposes, the only thing that can be done with them is to separate them from society for the rest of their lives.

My friend, the hon. member for Victoria, referred to the faint hope clause. He talked in his speech about the issues around offenders losing hope. Simply put, these offenders have no hope. They have no hope of ever seeing the light of day. However, if they are sentenced to life with a parole ineligibility period of 25 years, unless they are classified as a dangerous offender—a category that has a high threshold and is rarely applied—they would be eligible for parole even though, for all intents and purposes, those applications are dead on arrival.

That has a profound impact on victims. When the bill in the previous Parliament was studied, there was compelling evidence from victims' families, who are also victims. One was from Susan Ashley, whose sister, Linda Bright, was abducted, raped and murdered when she was 16 years old in 1978 by one Donald Armstrong. As Ashley said before the committee, when Mr. Armstrong was sentenced, the family was assured that they would never have to see or hear from him again, but in the end they did have to hear and see him again, because he applied for parole.

Ms. Ashley spoke of the betrayal, horror and the pain her family went through having to prepare for and then observe the parole hearing. Of course, Armstrong was never issued parole. People of Armstrong's ilk are never issued parole. Nonetheless, Ms. Ashley and her family had to go through the process. Theoretically, they could be required to go through the process again and again. Is that just? Is that fair? Is that compassionate? It is not.

My friend from Victoria raised issues about section 12 of the charter. There is precedent for this legislation in the way of Bill C-48, which provides for consecutive sentencing for individuals who are convicted of multiple murders. It has been applied on a number of occasions in courts across Canada since its passage. Some of the horrific cases in which it has been applied include the case of Douglas Garland in my province of Alberta, and of Derek Saretzky, another horrific Alberta case.

About the only thing just that came out of those horrific trials was the fact that those individuals were put away for the rest of their lives, and the victims' families had the assurance that they would never have to go through the process of a parole hearing to relive the horrors of what the likes of Saretzky and Garland did to their loved ones.

While there is consecutive sentencing for multiple murderers, what we do not have is a regime that can provide appropriate discretion in appropriate cases by judges to hold those most particularly evil killers accountable and spare families unnecessary parole hearings.

One perfect example of that is in relation to Tori Stafford's killer. He was 28 years old when he was convicted. That means he will be eligible for parole at the age of 53. Make no mistake, when Justice Heeney sentenced him to life without eligibility of parole for 25 years, he characterized that individual as a “monster”. He is not going to see the light of day, but he will be entitled to a parole hearing at the age of 53 and then every two years thereafter. If he lives until the age of 80, Tori's family could be subject to 14 or 15 parole hearings. How is that fair, how is that just and how is that compassionate? It is not.

The law needs to be changed, and Bill C-266 would change the law in the right direction for victims.

[James Bezan, Conservative, Selkirk—Interlake—Eastman, MB]

moved that Bill C-266, An Act to amend the Criminal Code (increasing parole ineligibility), be read the second time and referred to a committee.

Madam Speaker, it is a pleasure for me to rise to speak to Bill C-266, an act respecting families of murdered and brutalized persons. This bill would amend section 745 of the Criminal Code.

This bill has been before the House before. To quote one of my previous speeches in the House, from 2014, in this bill I want to empower our courts “with the ability to increase parole ineligibility when sentencing individuals who have abducted, sexually assaulted and killed our innocent and often most vulnerable Canadians from the current 25 years up to a maximum of 40 years.”

The bill is not about creating stiffer penalties for sadistic murderers. These depraved convicts do not qualify for parole. My bill is about saving the families of the victims from having to go through the agony of attending unnecessary and traumatic parole hearings.

Let us be perfectly clear. Bill C-266 is not about mandatory minimum sentencing. The bill is in compliance with section 12 of the Charter of Rights. It is based on the discretion of the presiding judge through a recommendation to the jury. A judge could set parole ineligibility of between 25 and 40 years. It would not be prescribed where in there it would fall. The judge would have the discretionary power to make it anywhere from 25 years of parole ineligibility to 40 years.

This legislation is modelled after a bill brought forward in a previous Parliament, Bill C-48, the protecting Canadians by ending sentence discounts for multiple murders act, which we are seeing in use today at the McArthur trial as well as for the murderer who committed the mosque massacre in Quebec. That piece of legislation affords judges the opportunity to make the parole ineligibility periods for multiple murderers consecutive rather than concurrent. Most of those convicted of these multiple murders or these heinous crimes of abducting, sexually assaulting and murdering our loved ones never get parole. Therefore, why do we continue to put families through unnecessary Parole Board hearings? There is absolutely no need to re-victimize those families.

As I mentioned, I brought the bill forward in a previous Parliament. It was introduced on February 27, 2013, as Bill C-478. The bill made it as far as the committee stage, when I was appointed parliamentary secretary, so I had to withdraw the bill. Colin Mayes, our former colleague from B.C., then picked it up as Bill C-587. That bill made it through committee and came back to the House at report stage and third reading on June 2, 2015. Of course, it never made it to the final vote before the House recessed and the election took place.

This legislation would amend section 745 of the Criminal Code, as I have previously said. Increasing parole ineligibility from 25 years to 40 years would save families from having to go through the process of attending unnecessary Parole Board hearings and making victim impact statements, which are traumatic, to say the least, and heart-wrenching for those families. The bill would eliminate eight unnecessary Parole Board hearings families would have to attend.

Sadistic murderers often apply for parole every two years, starting at year 23, for the sole purpose of toying with the families, of revictimizing them and making them relive the gruesome killings that were committed.

The bill would change a number of subsections under section 745. It would be based upon the recommendation of a jury. The bill says that a judge would ask a jury at the time of sentencing if it wished “to make any recommendation with respect to the number of years that the accused must serve before the accused is eligible for release on parole”. When the jury was passing judgment, it could also recommend what the parole ineligibility could be. The judge would have discretion as to whether to accept that, and he or she could set it at a level he or she found appropriate. Judges on the board, when determining parole ineligibility, must have regard for “the character of the offender, the nature of the offences and the circumstances surrounding their commission”.

Over the years, I have had the pleasure of working with a number of people on the legislation, along with Colin Mayes, the former member of Parliament from B.C. In the other place, Senator Boisvenu was a big help on this over the years. He founded an organization called Murdered or Missing Persons' Families' Association. This is something that he is incredibly passionate about.

Sharon Rosenfeldt's son Daryn was murdered by the notorious Clifford Olson and her organization is Victims of Violence. Susan Ashley is the sister of Linda Bright, who was killed by Donald Armstrong. Terri Prioriello's sister Darlene, also called Dolly, was murdered by David James Dobson. The organization Canadian Parents of Murdered Children has provided input over the years. This goes back some time.

I was interested in doing something for families. At the end of 2009-10, members will remember the terrible abduction, rape and murder of Tori Stafford. Terri-Lynne McClintic was arrested and prosecuted in 2010 and Michael Rafferty in 2012. During that time, while my heart was breaking listening to the Tori Stafford story, Clifford Olson was dying from cancer in prison and Sharon Rosenfeldt talked on the radio about how this killer had impacted her family over the years. He sent letters describing how he murdered her son Daryn. Because of that type of sadistic behaviour, tormenting families and using Parole Board hearings to feed his own sick appetite, it became clear to me that we needed to do something for families.

I knew full well that both murderers of Tori Stafford, Michael Rafferty and Terri-Lynne McClintic, will be applying for parole in the year 2023 after the murder in 2009. I think all Canadians would consider it unacceptable that families have to go through this ongoing saga of Parole Board hearing after Parole Board hearing.

We need to make sure the legislation targets the most depraved of society, the sadistic murderers out there who often prey on children and the most vulnerable, those who abduct, sexually assault and murder, often in a very gruesome manner. We are talking about people like Robert Pickton, Russell Williams, Michael Rafferty, Clifford Olson, Paul Bernardo, David James Dobson, Donald Armstrong, Luka Magnotta and we are watching the McArthur case unfold now in Toronto. This would apply to those individuals, particularly those who do not get consecutive life sentences. They could be given a 40-year sentence before they could apply for parole.

It is important that we talk about some of these families, like the family of Linda Bright, who was just 16 when she was abducted by Donald Armstrong in Kingston back in 1978. He has applied for parole numerous times. I have been talking to Susan Ashley, Linda's sister, and she said about the Parole Board hearings in the past, “My heart breaks having to live through this again. My heart breaks having to watch my Mom and Dad drag up their thoughts and pain from that deep place inside them where they tuck their hurt away”.

Linda's mother, Margaret, said during her victim impact statement, “This is not fair. We should not have to relive our tragedy. When I remember my daughter, let me remember her as a little girl. Don't make me think about the other awful time in 1978.... Let me tell you this has been the most difficult thing I have had to do in the last twenty years.”

Gary Rosenfeldt, who was Johnsrude's stepfather, has now passed away. His wife is Sharon Rosenfeldt. He said publicly, after going through a number of Parole Board hearings in 2006 and 2010, and even back in 1997, when there was still the faint hope clause, “What's really horrendous about this is this is only the beginning. We're going to have to do this every two years as long as Olson lives, and this is a very painful experience for myself, my family.”

It should be noted that Clifford Olson died in prison. He was never paroled. These individuals do not get parole.

Darlene Prioriello was abducted, raped, mutilated and murdered by David James Dobson in 1982. He is at the Bath Institution. Darlene's sister Terri has said this about having to go through these painful, repetitive and unnecessary Parole Board hearings: “Families have already been victimized once. They shouldn't have to be victimized every two years. Having to face a loved one's killer and to read what he did to her and how her death has affected our lives is something nobody should ever have to do once, never mind twice.” Unfortunately, that goes on.

We have had the Library of Parliament research how these murderers have been treated in prison and whether or not they have ever received parole. The best we can find is that some of them have been given day parole or temporary leave. They have never, ever been released back into the public on full parole. They are serving life sentences, and they will continue to do that.

A lot of people wonder how I came up with the 15 extra years in the 25 plus 15. Murder is 25 years without parole, abduction is a maximum of 10 years without parole, and sexual assault is a maximum of 4.6 years without parole. Added together, we get 40 years.

Let us be clear that I am not saying we are setting mandatory minimums, taking it up to 40 years. It is anywhere in between. The judge and the jury decide where the parole and eligibility should be set. It could be 25 years, 30 years, 35 years or 40 years. It is up to the judge and the jury to make those decisions. By respecting the independence of the court we are in compliance with chapter 12 of the charter.

We have seen this type of approach being taken with previous legislation. This judicial discretion is incredibly important, because the judge will take that recommendation, along with the regard he has to have for the character of the offender, the nature of the offences and the circumstances surrounding their commission. If the jury chooses, it can provide input as well.

I am looking forward to hearing the position of the government on this, as well as that of the NDP, but I am appealing to all members of the House to support the bill.

It should be noted that in the previous Parliament, all Liberals voted yes at second reading for this legislation. Many of them sit on the benches today, and are still here.

I want to make sure people understand that these depraved murderers, these brutal and sadistic members of society, will never be released back into society. They are not going to be released. The Parole Board of Canada continues to hold them in institutions, knowing they are dangerous offenders who potentially could reoffend, because so often they are psychopaths. Therefore, let us ensure we are not revictimizing those families by having them go to all these unnecessary Parole Board hearings and relive the murder and brutal details of how their loved ones were killed, all to the gratification of those incarcerated psychopaths.

I ask that everyone support this legislation. Let us get it to committee and let us hear from the victims organizations, the families who have been impacted and the families who are calling for this. Let us give them some peace. Let us respect their wishes and their lives so they do not have to go on and on living this nightmare.

As Yvonne Harvey of the Canadian Parents of Murdered Children said, “Although I have not personally faced the ordeal of a parole hearing, I have spoken to many individuals who have. I am certain that the primary intent of this bill, to spare the families of victims from having to attend unnecessary parole hearings, would be most welcomed.”

Life Means Life Act

[Bob Dechert, Conservative, Parliamentary Secretary to the Minister of Justice]

Mr. Speaker, it is not every day one's speech gets interrupted by the Gentleman Usher of the Black Rod, so I consider that just one of the many privileges of working in this place.

As I was saying, the seriousness of high treason speaks for itself. At present, anyone convicted of this offence must spend 25 years in custody before being able to apply for parole.

As for the offence of murder, hon. members may recall from past debates that murder is either in the first or the second degree, depending on the offender's level of moral blameworthiness in committing the crime. Murder in the first degree is the most morally blameworthy and has the most severe penalty. That penalty is currently life imprisonment with the requirement that the offender serve a minimum of 25 years in custody before being eligible to apply for parole.

The classic example of first degree murder is a premeditated or cold-blooded murder. Technically referred to in the Criminal Code as a “planned and deliberate” killing, this type of calculated homicide is treated more severely than impulsive and unplanned killings that may occur in the heat of the moment or under the influence of powerful emotions and that may be followed by feelings of remorse once the killer's passions have subsided.

These unplanned, impulsive murders are classified as being in the second degree and, while also punishable by life imprisonment, are subject to a 10-year mandatory minimum period during which the offender is barred from applying for parole.

Given the lower level of moral blameworthiness typically associated with second degree murder, it is not surprising that second degree murderers are more susceptible to rehabilitation and are paroled at a significantly higher rate than first degree murderers.

That being said, not all second degree murderers are the same. Some may exhibit a greater degree of moral blameworthiness, even up to the level of planned and deliberate first degree murderers. For this reason, courts have the discretion to increase the length of time during which a second degree murderer is barred from applying for parole from 10 years all the way up to 25 years.

In making such decisions, courts have to take into consideration the criteria set out in section 745.4 of the Criminal Code, namely, the character of the offender, the nature of the offence, the circumstances surrounding its commission, and the recommendation made by a jury. Courts are very familiar with these criteria and do not hesitate to extend the parole ineligibility period of second degree murderers where warranted.

A good example is offered by the case of Robert Pickton, who murdered several women on his British Columbia pig farm. In the absence of proof of planning and deliberation, he was convicted of second degree murder but subjected by the court to a 25-year parole ineligibility period under section 745.4.

However, some forms of second degree murder are so egregious that Parliament has seen fit to remove all discretion from the courts and to require that such murderers serve a mandatory minimum 25-year period of parole ineligibility.

There are two ways in which Parliament has chosen to do this. The first way is by deeming a number of abhorrent types of second degree murders to be in the first degree and therefore subject to a mandatory minimum period of parole ineligibility of 25 years.

The categories of second degree murders deemed to be in the first degree are listed in section 231 of the Criminal Code and include the murder of police, correctional officials, or someone working in a prison; murder in the course of a sexual assault or a kidnapping-related offence, including kidnapping, forcible confinement, hijacking, or hostage-taking; and murder in the course of carrying out a terrorist activity, which includes actions inspired by political, religious, or ideological causes.

The second way that Parliament has chosen to ensure an appropriate parole ineligibility period for egregious second degree murders is to stipulate that the mandatory minimum period is 25 years instead of 10 years. Section 745 of the Criminal Code makes explicit reference to two situations where Parliament has concluded that nothing short of 25 years would be appropriate. They are second degree murder where the murderer has been convicted on a prior occasion of murder, and second degree murder where the murderer has been convicted on a prior occasion of an intentional killing under the Crimes Against Humanity and War Crimes Act.

Subjecting these two categories of second degree murder to the penalty for first degree murder reflects the higher level of moral blameworthiness associated with repeat killing, genocide, and other war crimes.

Before I go on to describe the proposals in Bill C-53, I ask hon. members to bear in mind this brief overview of the current murder sentencing regime, as it will assist in understanding both the extent of the changes I am proposing as well as the philosophical basis for them.

I would be remiss if I did not also recall for hon. members the major amendments to the Criminal Code that our government has already brought about in order to bring greater transparency and greater proportionality to the murder sentencing regime.

In terms of transparency, hon. members will recall that in 2011 our government saw to it that the Criminal Code faint hope clause was effectively repealed by former Bill S-6, which came into force on December 2, 2011. I was on the justice committee at that time and, incredibly, I remember the Liberal justice critic of the day stating very clearly that the Liberal Party, if it were ever to form a government again, would bring back the faint hope clause. I certainly hope that is not the current policy of the Liberal Party, but I suspect it may still be the case.

Everyone who commits murder after that date will now have to serve the full parole ineligibility period stipulated by the Criminal Code instead of being able to seek early parole after serving only 15 years in custody. Importantly, former Bill S-6 also imposed stringent new conditions on already-convicted murderers who retain a continuing right to apply for faint hope.

In 2011, Parliament also passed former Bill C-48, the Protecting Canadians by Ending Sentence Discounts for Multiple Murders Act. This government bill amended the Criminal Code to allow courts to impose a sentence proportionate to the harm caused by multiple murderers by imposing periods of parole ineligibility, one for each of their victims, which must be served consecutively.

This helps to ensure that the time actually served in custody by multiple murderers corresponds to the heinous nature of their crimes. In such cases, courts are using criteria identical to those I mentioned earlier in the context of section 745.4 of the Criminal Code.

The provisions in former Bill C-48 were most recently applied in the case of Justin Bourque, the offender who was recently sentenced to life imprisonment with an overall parole ineligibility period of 75 years for the ambush murder of three RCMP officers in Moncton, New Brunswick. We just honoured their memory on the first anniversary of that date a few days ago.

The proposals in Bill C-53 are another step in the continuing efforts of our government to ensure the safety and security of Canadians. They also build on the earlier measures contained in former Bill S-6 and Bill C-48, by bringing greater transparency and proportionality to the sentencing regime for high treason and for murder.

If passed in law, the measures proposed in Bill C-53 would mean that for the worst of the worst offenders a life sentence of imprisonment would mean exactly that, life in prison as opposed to a life in the community under a grant of parole. In so doing, this sentence would constitute punishment that truly reflects the severity of the crimes.

Canadians are too often perplexed to discover that life sentences of imprisonment do not necessarily mean that the offender remains confined for life, nor is the public ready to accept the prospect that offenders convicted of the most shocking and monstrous crimes on the books may be released into the very communities in which they committed their crimes and where the families and loved ones of the victims may still reside.

In response to this concerns, we are proposing in Bill C-53 to amend the Criminal Code, the Corrections and Conditional Release Act, and a number of other statutes to authorize the mandatory and discretionary sentences of life imprisonment without parole as follows.

First, a sentence of life imprisonment without parole would be mandatory for both high treason and planned and deliberate first degree murder committed in either the course of a sexual assault, kidnapping-related, or terrorist offence, or where the victim is a police officer or correctional official; or where the murderer's behaviour is of such a brutal nature as to compel the conclusion that he or she is unlikely to be inhibited by normal standards of behavioural restraint in the future.

As hon. members can see, the proposals prescribe a mandatory sentence of life without parole for a fairly narrow class of what are truly heinous crimes. Who among us, for example, would argue that premeditated murder committed in a particularly brutal way or in the course of a kidnapping, sexual assault, or terrorist act are not among the most reprehensible of killings?

In this context, the Supreme Court of Canada has affirmed in a long line of decisions that, where murder is committed by individuals who are already abusing their power by illegally dominating another, the offenders' level of moral blameworthiness is extremely high and merits the most severe punishment under Canadian law.

Before I go on to discuss the proposals in Bill C-53 for discretionary sentences of life without parole, allow me to expand a bit on the requirement for conduct of a “brutal nature" as one of the criteria for imposing a mandatory sentence of life without parole.

This wording was carefully chosen. It is a test currently used in the Criminal Code dangerous offender regime to determine whether an offender who has committed a very serious offence should be sentenced to indefinite detention.

As hon. members may be aware, a sentence of indefinite detention under the dangerous offender provisions is similar to a sentence of life imprisonment; the essential difference being the shorter seven-year parole ineligibility period imposed on dangerous offenders.

Bill C-53 would propose to import the legal test of conduct of a brutal nature into the sentencing regime for heinous murders because it would provide an intelligible standard that is familiar to the courts and is currently used to predict an offender's prospects of becoming a law-abiding member of society in the future.

Let there be no doubt that all murders are terrible offences, deserving of life imprisonment. Nonetheless, I think we can all agree that some murders are carried out in ways that aggravate the already terrible nature of this crime and require a correspondingly more severe penalty.

Hon. members, these are stringent criteria to define the most dangerous criminals and to ensure the mandatory imposition of life without parole is proportionate to the harm caused by such offenders and to the need to protect Canadians from the danger they pose.

As I mentioned earlier, Bill C-53 also proposes to authorize the courts to use their discretion to impose a sentence of life without parole in other situations in which the level of moral blameworthiness of the offender may rise to a level that merits this penalty. Courts would be authorized to make this determination for the following three categories of murder: one, planned and deliberate first degree murder; two, second degree murder that has been deemed under section 231 of the Criminal Code to be in the first degree; and three, second degree murder under section 745 of the Criminal Code where the murderer was previously convicted of murder or of an intentional killing under the Crimes Against Humanity and War Crimes Act.

In exercising their discretion in these situations, courts would use criteria identical to those I mentioned earlier in the context of section 745.4 and the multiple murder provisions of the Criminal Code; namely, the character of the offender, the nature and circumstances of the murder, and any recommendation by the jurors.

Earlier, I asked hon. members to bear in mind the brief overview of the murder sentencing regime that I provided at the outset of my remarks. All three of the categories of murder that I just mentioned as being eligible for the discretionary imposition of life without parole under Bill C-53 are precisely the murder categories that Parliament has already recognized as exhibiting an elevated level of moral blameworthiness meriting the most severe penalty available under Canadian law.

Bill C-53 simply proposes to allow courts to exercise their discretion using criteria with which they are already familiar to ensure that the most dangerous among them are never released to endanger Canadians again.

Hon. members, from one perspective, Bill C-53 is a made-in-Canada proposal that would build upon the precedent of past sentencing initiatives that are now established features of the sentencing regime for high treason and murder.

However, from another perspective, it would also align Canada with other western democracies that have seen fit to include life sentences without parole as part of their sentencing regimes. Sentences of life without parole for murder are available in almost all states and territories in Australia, in New Zealand, in nine European countries, including England, and in nearly every jurisdiction in the United States.

In all these jurisdictions, release from lifelong incarceration is available through acts of executive clemency informed by their respective constitutional values. Bill C-53 proposes no less in the Canadian context.

Although my colleague the Minister of Public Safety and Emergency Preparedness will no doubt have more to add on this subject, allow me to note that Bill C-53 contemplates the possibility of conditional release of offenders sentenced to life without parole on an exceptional basis after they have served at least 35 years in custody.

Although parole would not be available to such offenders, after 35 years in custody, they might apply to the Minister of Public Safety and Emergency Preparedness, who would consider whether release could be justified on humanitarian or compassionate grounds or because the purpose and objectives of sentencing have been met.

The minister, who would be able to seek the expert advice of the Parole Board of Canada, would then forward the application to the Governor in Council with his or her recommendation. If released by the Governor in Council, the offender would be subject to stringent conditions, breach of which would lead to re-incarceration.

Allow me to close my remarks by noting that the measures proposed by Bill C-53 have been carefully crafted to identify the most dangerous and incorrigible offenders who have committed the most egregious crimes.

I urge all hon. members, therefore, to consider the merits of these fair and balanced reforms and to commit today to the people of Canada that they will see that this legislation is passed when Parliament resumes following the next election.

[Colin Mayes, Conservative, Okanagan—Shuswap, BC]

Thank you, Mr. Chair, and the committee for giving me this opportunity to speak to my private member's bill, Bill C-587. I also thank you for securing a time extension so that this bill could receive review by your committee.

This bill is a continuation of Bill C-478 which was previously introduced by Mr. Bezan in the first session of this 41st Parliament. Although Mr. Bezan's bill was read twice in the House and referred to this committee, it was withdrawn after Mr. Bezan was appointed to the role of parliamentary secretary, a position that precludes him from carrying a private member's bill forward.

I also thank the witnesses who are joining us today, particularly Sharon Rosenfeldt and Susan Ashley who have lost loved ones to unspeakable actions perpetrated by violent offenders. Ms. Rosenfeldt and Ms. Ashley represent more than themselves, their families, and the loved ones who were taken from them. They represent the community of Canadians that spans our nation, the community of Canadians whose lives have been changed forever by violent offenders.

Despite the tragic losses experienced by Ms. Rosenfeldt and Ms. Ashley, they have found the strength and courage to advocate on behalf of those whose lives were stolen away and also the thousands of Canadians who face the challenges of moving on with life after experiencing trauma which the majority of Canadians thankfully have never experienced.

As members of Parliament I believe it is our duty to demonstrate solidarity with this particular community of Canadians and support their advocacy with our own work in legislating towards a society that values victims' rights. As members of Parliament it is our duty to identify and address points of our legal regimen that require improvement. Specifically to this bill, I believe we must not only examine but reform the state of existing laws governing the removal from society and long-term incarceration of violent offenders who have abducted, sexually assaulted, and murdered victims.

This bill is modelled on Bill C-48, which was passed in 2011, which allows judges to set consecutive rather than concurrent periods of parole ineligibility in sentencing those convicted of multiple murders. This bill would empower judges and juries to give stronger sentences.

In the same way that Bill C-48 now allows judges to acknowledge additional degrees of blameworthiness on an offence when a conviction of multiple murders has been established, this bill seeks to provide judges the ability to extend the period of parole ineligibility to likewise acknowledge accompanying offences of abduction and sexual assault.

All parties worked together and passed Bill C-48 and it is my hope that this bill will likewise benefit from input and support from all sides.

As members of the committee are likely aware, section 745 of the Criminal Code provides for life imprisonment for convicted murderers, subject to varying periods during which they are ineligible for parole. For first degree murder the minimum ineligibility period is 25 years. For second degree murder it varies from 10 to 25 years.

While all convicted murderers are morally blameworthy, first and second degree murders are distinguished from each other by the higher degree of moral blameworthiness associated with the first degree murder that justifies the current mandatory period of parole ineligibility of 25 years.

While some may believe that the current thresholds for parole represent an appropriate period of incarceration for a violent offender who abducted, raped, and murdered their victim, many Canadians consider this to be insufficient in instances of extreme violence and murder. As we all know, perhaps none more than our witnesses, the investigation and prosecution of cases involving multiple offences such as abduction, sexual assault, and murder combined can take years. The time that it takes to arrive at a conviction and then sentencing for a violent offender is excruciating for survivors, family, and loved ones. Regardless, as painful as it is, it is essential to a sound carriage of justice.

This bill seeks to provide greater certainty, and therein relief, for the families and loved ones in that once sentencing is completed, the sentencing judge would be given the judicial discretion to waive parole ineligibility for a period of 25 to 40 years, again at the discretion of the judge. If parole is to be considered for violent offenders who abduct, sexually assault, and then murder their victims, it should not occur before at least 25 years have been served.

The toll a parole hearing takes on the family members and loved ones of a victim is excruciating as they await the hearing date, when the violent offender who took their loved one presents his or her case. Why should the offender be awarded parole while family members and loved ones need to mobilize to keep the violent offender behind bars? This amounts to a system where Canadians who have already suffered tragic loss and endured years of judicial proceedings are subjected to a system that requires continued mobilization and pressure to keep violent offenders behind bars.

This bill would add three new provisions to the Criminal Code, mandating a 25-year minimum parole ineligibility period for anyone convicted of an offence under each of the following offence categories in respect of one victim: number one, a kidnapping or abduction offence, sections 279 to 283; number two, a sexual offence, sections 151 to 153.1 and sections 271 to 273; and number three, murder. The bill would also provide a judge with the discretionary prerogative to replace that 25-year minimum parole ineligibility period with a longer period of up to 40 years, based on the character of the offender, the nature of the circumstances of the murder, and any jury recommendation in this regard.

Mr. Chair, I would like to respond to inputs made by members of opposition parties in the House during the second reading debate on May 30, 2014.

During second reading debate, the question was raised as to whether or not this bill complies with the provisions of the Charter of Rights. This is an important question, and I appreciated it. I sought and received an opinion from the Library of Parliament's legal affairs and national security section. The bill seeks to provide a sentencing judge the discretion to increase the period of parole ineligibility and as such uphold the principle of a judicial discretion which provides a safeguard of the Charter of Rights. I believe this is an important strength of the bill, expanding the discretionary prerogatives of the judge with a broader range of judicial discretion rather than imposing on whole charter provisions automatic periods of ineligibility beyond 25.

Second reading debate also raised a question of the amendments proposed to the bill that would interact with the Rome Statute. It is important to note that article 5 of the Rome Statute establishes the jurisdiction of the International Criminal Court over the following four offences: the crime of genocide, crimes against humanity, war crimes, and crimes of aggression.

Therefore, the Rome Statute does not directly apply to Bill C-587 for the following two reasons. First, the bill seeks to amend the Criminal Code, which is under the jurisdiction of Canadian courts. The Rome Statute only applies to proceedings of the International Criminal Court. Second, the four offences in article 5 of the Rome Statute are not included in this bill.

In closing, Mr. Chair, I would again thank you and the members of committee for reviewing my private member's bill.

I also thank the witnesses here today who have come to provide their perspectives, experiences, and pleas.

Thank you, Mr. Chair.

Respecting Families of Murdered and Brutalized Persons Act

[Mathieu Ravignat, NDP, Pontiac, QC]

Mr. Speaker, this government is introducing yet another lousy bill. The government should have done a little more research and consulted experts in the matter to draft a better bill.

However, I do understand this government's intention. It must be said that the members across the way do have a genuine and deep desire to protect victims. All parties in the House can agree on that. There is certainly no disagreement between the government and the official opposition on that.

However, for all their zeal, they still have to do things properly. The government must take into consideration current legislation and even other bills that it has introduced.

It would have made more sense to put some of the provisions of this bill into their bill on the Canadian victims bill of rights. Why did the Conservatives not do that? I do not know.

My colleague from Gatineau, who does an excellent job as our party's justice critic, already mentioned that point. I want to commend her for the excellent job she does. I am honoured to have a colleague like her.

Bill C-48, which the member mentioned, was introduced during the previous Parliament. It amended the Criminal Code and the National Defence Act. Before the 2011 election, the bill had already been passed at third reading on division—not unanimously, as my colleague claimed. That is an important detail.

At the time, Steve Sullivan, who was the first ombudsman for victims of crime and who supports our position, said that the bill was nothing more than smoke and mirrors. If someone is charged with first degree murder, the crown is generally not concerned with less serious offences. When Mr. Olson was found guilty of murdering 11 children, the crown was not concerned with the charges of kidnapping or sexual assault, even though he clearly also committed those crimes. The crown would have had to prove each crime and could have used that to encourage a plea bargain, but it still depends on the judge's willingness to sentence someone to more than 25 years, which Mr. Sullivan thinks is unlikely.

He does not think that many judges would sentence a criminal to life in prison with no chance of parole for 40 years. He does not think that judges would do this. As a caveat, I want to point out that nearly all modern democratic countries offer the possibility of parole.

In the bill we are examining today, judges retain their discretion, so how is this a solution to the problem the member who introduced this bill is trying to solve?

Mr. Sullivan also went on to say that, when offenders are sentenced to life in prison without parole for 25 years, it is understood that they will not be granted parole if they represent a danger or a risk.

This affects a very small number of offenders, specifically those who abduct, sexually assault and murder someone. These sordid crimes are rather rare. Mr. Olsen and Mr. Bernardo are examples of offenders who fall into this category. This measure would be used, at the most, only a few times a year, but it would not change anything for the families of victims.

We should listen to the opinion of the former federal ombudsman for victims of crime. It is clear that Mr. Sullivan thinks that this bill does not do enough and would be useless. That is unfortunate.

[Colin Mayes, Conservative, Okanagan—Shuswap, BC]

moved that Bill C-587, An Act to amend the Criminal Code (increasing parole ineligibility), be read the second time and referred to a committee.

Mr. Speaker, it is an honour to present my private member's bill in the House today regarding this issue. I would like to take time to thank the member for Selkirk—Interlake for initiating this bill as Bill C-478 in February 2013. The member was unable to forward the bill at that time and is now excluded from doing so. I am more than willing to champion this bill as it has merit and would provide guidance and accommodation to our judiciary to further protect victims of violent crimes.

Today my bill, Bill C-587, would amend section 745 of the Criminal Code to provide that a person convicted of an abduction, sexual assault, and murder of the same victim in respect of the same event or a series of events would be sentenced to imprisonment for life without eligibility for parole until the person had served a sentence of between 25 years and 40 years, as determined by the presiding judge after considering the recommendations, if any, of the jury.

My bill is targeting sadistic murderers. Sadistic criminals convicted of such crimes are never granted parole, thus the hearings are unnecessary and extremely painful for the families to endure. This bill is modelled on Bill C-48, passed in 2011 with the support of the NDP. It amended the Criminal Code with respect to parole inadmissibility for offenders convicted of multiple murders. Because of Bill C-48 receiving royal assent, Travis Baumgartner, the former armoured car guard who shot four of his co-workers, three of them fatally, in a robbery on the University of Alberta campus in June 2012, was sentenced to life in prison with no chance of parole for 40 years.

My bill seeks to extend the parole ineligibility period for those convicted of the abduction, heinous acts of sexual assault and murder of an individual, as did Bill C-48 for multiple murderers. My bill would spare families and loved ones of murder victims from being re-traumatized by repeated parole hearings.

Families of those whose lives have been lost or severely damaged may go through many emotions, namely, shock, horror, physical and emotion pain, nightmares, heartbreak, sorrow, grief, stress, sadness, anger, rage, and may end up distrusting of our social values. To have to go through this over again at a parole hearing is cruel, to say the least.

The seriousness of offences set out in the bill would ensure that the parole ineligibility period would only be applied in cases of the murderer's lack of remorse and where the act of violence would be a heinous and brutal act of violence or sexual assault ending in murder. Allowing for judicial discretion and not a mandatory minimum sentence would ensure charter compliance.

Bill C-587 is focused on preventing the unnecessary agony and trauma of parole hearings for victims' families. The bill would spare the families of victims from having to attend unnecessary parole hearings every two years after the offender's 25-year sentence expired. Making murderers ineligible for parole for 40 years could save families up to eight unnecessary parole hearings.

I want to empower our courts with the ability to increase parole ineligibility when sentencing individuals who have abducted, sexually assaulted and killed our innocent and vulnerable, from the current 25 years up to a maximum of 40 years. Currently, any Canadian convicted of both first and second degree murder is given an automatic life sentence. However, the provisions rarely have put an offender in jail for longer than 25 years, the time at which first degree murderers are eligible for parole.

Darlene Prioriello, age 16, was murdered May 6, 1982, by David James Dobson. She was abducted by Dobson at a Mississauga bus stop. She was raped and mutilated, and suffered a slow, agonizing death. Dobson was convicted of first degree murder and sentenced to life in prison on April 11, 1983. He was scheduled for the first parole hearing in March 2007, but he rescheduled it, causing the Prioriello family much agony since it had to prepare for the emotional day over and over again. In April 2007, he was denied parole.

Daryn Johnsrude, age 16, was murdered on April 21, 1981, by Clifford Olson. Olson applied for parole in 1997, 2006 and in 2010, and was swiftly denied parole every time. Daryn was brutally raped, tortured and killed. He was one of 11 victims murdered by Olson; three of the victims were boys and eight were girls. All were between the ages of nine and 18.

Olson, while in prison, tried to cause the victims' families as much suffering as he could by sending graphic, detailed letters to Daryn's parents, explaining what he had done to their son. He also once sued Daryn's parents for calling him a pedophile. Olson also tried to sell memorabilia online, and made a dozen videos of how to abduct children.

This constant reminder of Olson's cruelty made it very difficult for the families to have any kind of peace or closure. Daryn's mother said, “The only thing more bizarre than Olson's antics is the system that gives him a right to a parole hearing”.

Janet and Karen Johnson, aged 13 and 11, were murdered by David Shearing, aka David Ennis, in August 1982, as were their grandparents and parents. He had parole hearings in 2008 and 2012, and was denied parole each time.

Linda Bright, aged 16, was murdered in 1978 by Donald Armstrong. He has applied for parole hearings numerous times, and then has always cancelled at the last moment. The most recent time was in March 2012.

This bill is all about saving the victims' families from having to go through the agony of attending unnecessary and traumatic parole hearings. My bill would give the judge the discretionary powers to make a recommendation to the jury and also in the sentencing process to award a period of parole ineligibility that would be increased from 25 years up to 40 years.

In my riding of Okanagan—Shuswap, I met with Marie Van Diest, mother of Taylor Van Diest of Armstrong, B.C., whose daughter murdered in October 2011 by Matthew Foerster of Cherryville. He was found guilty of first degree murder. Taylor, 18, was found beaten with fatal head wounds by the side of railroad tracks, hours after going missing on Halloween night 2011.

When my bill is passed, it will assist families by not having them deal with the re-enactment of what happened to their loved ones over and over again, having to face a loved one's killer, to read what was done to their loved one and how their loved one died.

A re-enactment of the offence in court is traumatizing for victims' families as it is. To attend parole hearings is very painful, in fact cruel. Family members have to once again find the pain they have tucked away and bring it back to the surface, and relive it and think about what was done.

If a convict is denied parole, the victims' families will once again have to be prepared to do it again at another parole haring. They should not have to go through this, but they do. They present their victim impact statements to try to ensure the convict is not released. The scheduling of parole hearings is emotional torture.

I ask members of the House to pass the bill. Families have already been victimized once. Having to attend parole hearings causes families of victims a lot of suffering and does not provide them with any closure. They should not have to relive their tragedy.

My bill would save families from going through parole hearing after parole hearing. We must save families from having to endure the cruel punishment of reliving their horror. Sharing a victim impact statement, revealing raw pain and memories is unimaginable.

Let us not fool ourselves. The Supreme Court of Canada, in R. v. Shropshire, stated “parole ineligibility is part of the "punishment" and thereby forms an important element of sentencing policy”.

I will close with the following quote from Susan Ashley, Linda Bright's sister, who said:

...once they have recovered from the horrific abduction, sexual assault and murder of a loved one, then a lengthy Court process, they can spend the next many years healing their wounds...not facing parole hearing after parole hearing.

[James Bezan, Conservative, Selkirk—Interlake, MB]

moved that Bill C-478, An Act to amend the Criminal Code (increasing parole ineligibility), be read the second time and referred to a committee.

Mr. Speaker, it is indeed a pleasure for me to rise for this first hour of debate on my private member's bill, Bill C-478, which is a bill I have titled the respecting families of murdered and brutalized persons act.

I want to thank the Minister of Justice and the Prime Minister for throwing their support behind my private member's bill. I also want to thank Senator Boisvenu, from the other place, for his support for this legislation and for the incredible work he did when he founded the Murdered or Missing Persons' Families' Association.

Bill C-478 is focused on amending the Criminal Code. Section 745 lays out a number of different codes for sentencing for a number of felonies. This bill would create a new subsection under section 745 that would concentrate on individuals who have committed the three following crimes together: abduction, sexual assault and murder of an individual. We are proposing that rather than one sentence of a maximum life sentence of 25 years without parole, we would give the courts discretionary power to look at increasing that ineligibility to a maximum of 40 years.

This is about empowering the courts. This is about giving another tool to judges and juries to look at ways to evaluate individual cases. Because it would provide discretionary power to the courts, and not mandatory minimums, we would actually be compliant with section 12 of the charter.

Judges, when determining parole ineligibility periods, have to take into account the character of offenders, the nature of the offences and the circumstances surrounding their commission so that judges can task juries with making recommendations for sentencing and parole ineligibility for the individual. Again, today the maximum is 25 years, but sentences could go all the way to 40 years if the person is charged and convicted of first degree murder in association with the other acts of kidnapping and rape.

This is a very important issue that really strikes at what Canadians expect of this government. My private member's bill, Bill C-478, follows suit, and has been modelled after Bill C-48, which was the government's bill on protecting Canadians by ending sentence discounts for multiple murders, and Bill S-6, which is the act for serious time for the most serious crimes. Again, it would provide a tool for the courts. It would empower the judges and juries to give stronger sentences. It is about going after the worst of society.

We are talking about the Robert Picktons of the world, people like Paul Bernardo, Russell Williams, Michael Rafferty, Terri-Lynne McClintic, Clifford Olson, Donald Armstrong, James Dobson, David Shearing and even Luka Magnotta, who is in the system right now. These are the most depraved individuals who all in society find repulsive. These sadistic murderers are the ones who snatch up our children or loved ones, commit their sexually depraved acts upon their victims and then sadistically murder them. It is a true brutalization of individuals.

One of the worst ones we have come across is David Threinen, who was sentenced to life in prison back in 1975. Justice Hughes, who was the judge at the time, stated, in regard to Threinen, that he should “never again be on the streets and roadways of our country”. This individual was so depraved that the judge at the time, taking into consideration his character and the gravity of the crimes he had committed, said that he should never, ever be paroled.

My office has contacted the Library of Parliament and people who are experts in the criminal justice system. With all the research we have done, we could not find one example where these types of sadistic murderers are ever paroled. Clifford Olson died in prison. These individuals are not being released back into society, yet they have tools such as parole hearings at their disposal to re-victimize the families. If they are convicted of second degree murder, they can ask for a parole hearing at year 10. Robert Pickton was only charged with second degree murder, 25 counts. Therefore, he is eligible for a parole hearing at 10 years.

We want to make sure that does not happen. Now the judges could, even if people are charged with second degree murder and not first degree murder, put in a more stringent timeline before they can make parole applications.

Just a few years ago a lot of Canada, including myself, was gripped by the Tori Stafford case. It broke everyone's hearts to see how this little girl was caught on camera being abducted from school and to find out later that she had been sexually assaulted by Michael Rafferty and Terri-Lynne McClintic and then brutally murdered with a hammer. In 2010, Terri-Lynne McClintic was sentenced to life in prison.

At about the same time it also came to light that Russell Williams, a former member of the Canadian Forces, was also arrested and sentenced at the end of 2010, in October, for the murders of Jessica Lloyd and Marie France Comeau, who were abducted, raped and then murdered.

During that time, as Michael Rafferty was still in the court system, Clifford Olson was dying of cancer in jail. In listening to the talk shows, what was weighing on my mind was how we could keep these very gruesome individuals from being released back into society where they have the opportunity to reoffend.

Then I heard the story of Sharon Rosenfeldt, her husband Gary and their son Daryn. I listened to how the family was tormented by Olson, along with the other 10 families who had also lost loved ones to this monster, which I think is the only way one could describe Clifford Olson. When they were getting ready to attend parole hearings he would write to them about not only how he abducted and raped their children over and over again but how he tortured them and the way in which he killed them. I believe all Canadians were repulsed by that recount and by those crimes.

I started looking into how to save families from having to go before the Parole Board every time one of these individuals could apply for parole. Olson did it under the faint hope clause at year 15. Then, starting at year 23, he was again allowed to reapply every two years. He would write to the families and they would be forced to put together all of their victim impact statements and then appear at the parole hearings and restate and relive that traumatic and terrible event of being informed that their child had been brutally murdered.

This bill is about ending the re-victimization of the families. It will end the ability of those sadistic individuals who are incarcerated from using parole hearings to toy with, terrorize and brutalize the families over and over again.

If Bill C-478 becomes law, and if a judge and jury make the decision to apply the maximum sentence of 40 years without parole, it would save the families eight Parole Board hearings over that time, eight times of having to go before the Parole Board, facing the individual who murdered their loved one, having to relive the horrific events that occurred in the past and really, this is about respecting their rights as victims.

The bill is not about tougher punishments, because all the research, and I have to restate this, has shown that these individuals are never released into society. They are incarcerated for life. Parole boards, over and over again, deny them the ability to go back into society. These individuals are not rehabilitated.

I have been reading through victim impact statements from a number of the families with whom I have been in contact. One family even shared with me an email from another convict who was incarcerated at the same time and in the same facility as the murderer of their child. He wrote, “This individual, despite the facade that he is putting on, should never be released into society”, and said to do everything they could to ensure that he stayed in prison.

The bill is about the families of the victims like Linda Bright, Janet and Karen Johnson, Darlene Prioriello, and Sharon Rosenfeldt's son, Daryn.

Linda Bright was only 16 years old when she was abducted by Donald Armstrong in Kingston back in 1978. He applied for parole on numerous occasions, including just recently in March 2012. Linda's sister, Susan Ashley, made this statement. She said, “My heart breaks having to live through this again. My heart breaks having to watch my Mom and Dad drag up their thoughts and pain from that deep place inside them where they tuck their hurt away”.

Linda's mother, Margaret Bright, said, “This is not fair. We should not have to relive our tragedy. When I remember my daughter, let me remember her as a little girl. Don't make me think about the other awful time in 1978....Let me tell you this has been the most difficult thing I have had to do in the last twenty years.”

Sharon Rosenfeldt, who has been very active with the National Victims of Crime organization, attended our press conference this morning with the Minister of Justice and Senator Boisvenu. She was what really drove me to this point, hearing her on the radio, driving around in my riding in Manitoba. I really appreciate that she has been such a powerful advocate.

Her son, Daryn, was only 16, and again, was a victim, one of Clifford Olson's 11 victims. They had to go through the faint hope clause hearing in 1997 and parole hearings in 2006 and 2010. Every time he was denied parole. Her past husband Gary said, “What's really horrendous about this is this is only the beginning. We're going to have to do this every two years as long as Olson lives. And this is a very, very painful experience for myself, my family.”

Sharon said, “Attending parole hearings every two years or five years after the offender has served 25 years is cruel and unusual punishment for the victim's family.”

Terri Prioriello, in talking about her sister, Darlene, who was killed at 16 years of age in 1982 said, “Families have already been victimized once. They shouldn't have to be victimized every two years. Having to face a loved one's killer and to read what he did to her and how her death has affected our lives is something nobody should ever have to do once, never mind twice.”

I ask members of this House to support my bill and really respect the rights of the victims whose children have been so brutally murdered by these horrendous characters.

Opposition Motion—Confidence in the Government

[John Baird, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, I will be sharing my time with my hon. colleague from Carleton—Mississippi Mills, the chief government whip.

I rise today to speak to the motion introduced by the Leader of the Opposition on a matter of non-confidence in the government.

I wish I could say I am pleased to make this speech today, but I am not. In fact, I am saddened that a Parliament, which has accomplished a lot recently, will come to an end because of the reckless actions of the Liberal, Bloc Québécois and NDP coalition in forcing an unwanted and unnecessary election on Canadians.

Yesterday, I listed 10 important government bills which had received royal assent this week, bills like Bill S-6 to eliminate the faint hope clause, Bill C-48 to eliminate sentencing discounts for multiple murderers and Bill C-59 to get rid of early parole for white-collar fraudsters, a bill the Liberal leader opposed. That was a very positive week.

We also tried to pass important bills like Bill C-49, which would crack down on human smugglers and those who would take advantage of our generous immigration laws, and Bill S-10, which would get tough on drug dealers and date rape artists who would target our youth. I stood in this place just yesterday and asked for those bills to be passed. What was the response from the opposition coalition in passing these bills? No. No to getting tough on human smugglers. No to getting tough on drug dealers.

Instead, we find ourselves here today faced with the most partisan of attacks from an opposition coalition bent on defeating this government at all costs.

I know the Liberal members over there claim that the government was found to have done something wrong. What they are not telling Canadians is that this was an opposition-stacked committee that used the tyranny of the majority to get the predetermined outcome it wanted. Let us be clear. It was predetermined. After all, the members for Kings—Hants, Ottawa South, Joliette and Acadie—Bathurst said so in the media.

In my speech I could focus on all the abuses of parliamentary democracy and the absolute contempt that the opposition demonstrated, not just at that committee but on virtually every other committee of the House in overruling chairs, in making political decisions, ignoring the rules of this place, and on and on.

One may ask why we have never heard about these things. It is because the opposition coalition has a majority on every committee. Its members were the ones who demonstrated real contempt for Parliament, and they will have to answer to the Canadian people for that.

Let us be clear about what this vote of non-confidence is really about. It is a vote against the next phase of Canada's economic action plan. It is a vote against our low tax plan for jobs and economic growth. It is a vote against hard-working Canadians and their families. It is a vote that will weaken Canada's economic recovery.

It is a vote against the budget. It is a vote against our plan.

Let us be clear. The latest phase of Canada's economic action plan encourages owners of small businesses to hire more people. It provides potential employees with new opportunities to train and to hone those skills. It invests in innovation. It lays the groundwork for private sector growth to replace government stimulus. This is good for all Canadians in every region of our great country from coast to coast to coast.

For seniors across Canada, I am proud to report that our government is delivering once again. For the poorest of seniors, we are providing an important hike to the guaranteed income supplement. For people caring for infirm loved ones, we are providing support in the form of a $2,000 tax relief credit. For the many public servants who make their homes in my riding, we are providing a guarantee that we will not slash programs and eliminate jobs as the Liberals did in the mid-1990s. Instead, we will provide a strategic review to enhance efficiency and reduce overall overhead with minimal impact on service to Canadians.

I was pleased to see included a request from the Canadian fire chiefs to provide for our volunteer firefighters. Next week we could be enacting that tax credit in law, but it will not happen because of the Liberal-led coalition.

I hope Canadian colleges and universities will drive innovation and help Canada forge closer ties with promising markets like India's. Carleton University made a great proposal to do just that, but it will have to wait. We will certainly be supporting our students in new ways.

I am especially proud to say that our government is providing real support to people who find their pensions at risk because their employer goes bankrupt. The budget would provide at least some help from the federal government to the former Nortel workers, despite the fact their pension plans were provincially regulated. It is something.

Unlike previous but misguided efforts in this place, this will not hurt Canadian businesses.

In short, Canada's economic action plan is another huge help for people in my riding of Ottawa West—Nepean. It will be a huge help to my home province of Ontario. We are working closely with the government of Dalton McGuinty to cut corporate taxes to make Ontario and Canada a magnet for jobs, investment and opportunity. It will be a huge help from coast to coast to coast right across our great country. It will help secure our economic recovery. It will help create jobs and it will support all Canadians.

By voting against this motion of non-confidence in our government, the opposition coalition can stop this unnecessary and unwanted election later today. I want to urge the opposition to reconsider its support for an unnecessary and costly election. I hope it will vote for the things Canadians find truly important, for the measures that will help so many right across the country.

I move:

That this question be now put.

Business of the House

[John Baird, Conservative, Ottawa West—Nepean, ON]

When members are called smug, they all cheer and applaud.

As for the business of the House, I believe the minister responsible for the Status of Women has a motion that she would like to move after I have concluded my response to the Thursday question. Following that, without anticipating the outcome of any vote of the House, there seems to be an appetite to allow members who will not be running in the next election to have two minutes each to make statements. Following these statements, we will continue with day one of the budget debate.

Tomorrow we will consider the last allotted day in this supply period. I do not know why the opposition coalition is talking about ending this very productive Parliament to force an unwanted and unnecessary election. Recent weeks have led me to conclude that this is the most dysfunctional Parliament in Canadian history.

Yesterday our Conservative government achieved royal assent for the following bills: Bill S-6 to eliminate the faint hope clause; Bill C-14 to provide hard-working Canadians some fairness at the gas pumps; Bill C-21 to crack down on white collar crime; Bill C-22 to crack down on those who would exploit our children through the Internet; Bill C-30, R. v. Shoker; Bill C-35 to crack down on crooked immigration consultants; Bill C-42 to provide aviation security; Bill C-48 to eliminate sentencing discounts for multiple murderers; Bill C-59 to get rid of early parole for white collar fraudsters, a bill the Liberal government opposed but the Bloc supported; Bill C-61, the freezing of assets of corrupt regimes; and Bill S-5, safe vehicles from Mexico. What a legacy for the Minister of Transport, Infrastructure and Communities.

The work of this Parliament is not done. There are a number of key and popular government bills that Canadians want. Next week, starting on Monday, we will call: Bill C-8, the Canada-Jordan free trade agreement; Bill C-46, the Canada-Panama free trade agreement; Bill C-51, investigative powers for the 21st century; and Bill C-52, lawful access.

Does the Minister of Justice ever stop fighting crime? He gets more and more done. In many respects, as House leader I am like the parliamentary secretary to the Minister of Justice.

Of course, we need to complete the budget debate to implement the next phase of Canada's economic action plan, a low tax plan for jobs and growth. Therefore, Tuesday we will debate day two of the budget, Wednesday we will debate day three of the budget and on Thursday we will debate day four of the budget. We have lots to do and I suggest to the members across that we turn our attention back to serving the interests of the public.

While I am on my feet, I would like to serve those interests by asking for unanimous consent for the following motion. I move that, notwithstanding any Standing Order or usual practices of the House, Bill C-49, An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act and the Marine Transportation Security Act shall be deemed to have been read a second time, referred to a committee of the whole, deemed considered in committee of the whole, deemed reported without amendment, deemed concurred in at report stage and deemed read a third time and passed.

[Rob Nicholson, Conservative, Niagara Falls, ON]

Monsieur Paquette, you mentioned Bill C-48. That is the bill that is directed against multiple murderers, meaning individuals who kill more than one person. Instead of their being eligible for parole after 25 years, regardless of the number of people they have murdered, we are now giving judges the discretion to increase that to 50 or 75 years if there's a second or a third murder.

When you ask what the cost is, the public servants, whom I'm sure you respect, have come to the conclusion that no detailed cost information is available because the provision is discretionary. It only applies to multiple murderers, and any impact would only be apparent in future years. That means there will be no apparent cost to this for 25 years, because the individual who was convicted of first-degree murder will be there for 25 years. They're saying that since it's discretionary, it is impossible to guess what the incremental costs will be in 25 or 50 years. That's all I'm asking you to do.

You may disagree and say we shouldn't be coming down hard on multiple murderers. That's your business. You can do that, and we can have these points of disagreement, but if you're asking what costs there will be 25 or 50 years from now, the public servants who have helped put these together say it is virtually impossible to determine. You're talking about something discretionary and something that won't happen for 25 years.

Opposition Motion--Documents Requested by the Standing Committee on Finance

[Daniel Petit, Conservative, Parliamentary Secretary to the Minister of Justice]

Mr. Speaker, I am pleased to rise today regarding two important matters.

To begin with, I would like to explain to members how crime affects us all and how it is to some degree impossible to gauge the full cost of crime.

Secondly, the steps that we are taking to fight crime cannot be measured or determined solely by their cost. We have introduced wide-ranging legal reforms in an effort to respond to the concerns of victims and to mitigate the human costs associated with crime. These are major investments, and not only on a financial level.

Crime costs victims dearly; I would go so far as to say that it costs them very dearly. Of course, crime is very costly for all Canadians, but we know that it is the victims of crime who have to shoulder the bulk of this cost.

According to a recent study by the Department of Justice, the total cost of Criminal Code offences was estimated at $31.4 billion in 2008. Since there are no data available for many variables, we know this to be a conservative estimate. Still, it equates to a per capita cost of $943 for that year.

We know that victims are those most directly affected by crime. Of the $31.4 billion in costs, $14.3 billion are the direct result of crimes committed. This $14.3 billion covers medical care, hospitalization, loss of income, school absenteeism, and theft or property damage. More specifically, the drop in productivity accounts for 47% of the total cost borne by victims. Theft or property damage accounts for 42.9% and health care costs account for the remaining 10.1%. These costs are only the tip of the iceberg since they represent recoverable and identifiable expenses, such as those resulting from loss of property or medical care. There is nothing about this that is hard to understand.

The intangible costs such as fear, pain, suffering and decreased quality of life far outweigh the material costs. It is difficult, well nigh impossible, to precisely measure the cost of the emotional and psychological suffering caused by crime, and yet it is important to try to do so.

Research has shown that victims of violent crimes experience stress after being victimized. A crime can influence how victims view the world around them and how much they trust others. It can cause pain and suffering. We know that the psychological effects of crime-related trauma can last a long time. Because of a lack of data, early studies of the costs of crime did not take into account the pain and suffering experienced by victims. The situation is starting to improve because the intangible costs to victims are much too high to be ignored.

According to the results of the study by the Department of Justice, which I mentioned earlier, the intangible costs to victims total around $68.2 billion. Thus the total cost of crime in Canada in 2008 would be $99.6 billion. If we take into account intangible costs, the costs borne by victims represent 82.8% of the total costs. It is a fact that crime is costly for the victims.

The victims are the people most affected by acts of violence, but other people suffer as well. Family members mourn the death of a loved one or must put their daily activities on hold to accompany victims to court or to doctor's appointments, for example.

Governments provide various victims' services and compensation programs to directly help victims, and they work on strategic plans on these issues.

The third-party costs take all these costs into account. In 2008, the total third-party costs were about $2.2 billion.

Why do we need to know the cost of crime and the cost borne by the victims?

We know that no amount of money can adequately compensate a victim of crime or his family, especially when it comes to homicide. No one would choose to die in exchange for $2.5 million or would agree to an assault on his child in return for $10,000.

It is important, though, to establish these estimates. We know that resources are scarce and that programs such as those to increase the number of police officers on the beat or provide funding for health and welfare, to improve the environment, or to build highways and parks are always competing with one another for a share of the public purse.

There must be several facets to our attempt to allay the enormous costs incurred by the victims of crime.

Our government is determined to enhance the safety of all Canadians and raise their confidence in the justice system. That is important. We want to start by dealing with the main concerns of crime victims, those people who have discovered how the system works as a result of an unfortunate experience and have told us that changes are needed. We listened to them.

Canadians are proud of their justice system. It is admired the world over for its fairness. There is always room for improvement, though. Our government is determined to ensure that our justice system continues to be the envy of the world and, most of all, that it is valued in Canada.

In 2006, our government set out its plans for changes to the criminal justice system, and over the last five years, those plans have been realized. It was not easy to ensure that the key changes passed. We were and still are a minority government.

It is easy, though, to see that Canadians support our program to fight crime.

Canadians agree that the personal, financial and emotional consequences for crime victims and the public are too severe and that measures to make Canadians safer, hold offenders responsible and raise confidence in our justice systems are worth the investment.

Allow me to describe a few key legislative changes that illustrate how concerned we are about crime victims and the people of Canada in general.

Our changes were intended to make the punishment fit the crime a little better, something that crime victims and many other people had been demanding for a long time. Changes were made to protect children, our most vulnerable victims. Some changes focused on issues that affect Canadians in their daily lives, such as automobile theft, identity theft, drug-related crime, fraud and street racing.

I would remind the House of Bill C-25, the Truth in Sentencing Act, which was introduced on March 27, 2009 and passed three months later on June 8, 2009. The bill received royal assent on October 22, 2009, and the changes came into force on February 22, 2010.

In general, these changes limit the credit for time served in preventive detention to a one to one ratio. A maximum ratio of one and a half to one applies only when circumstances warrant. A maximum one to one ratio applies to the credit accorded offenders who broke their bail conditions or were denied bail because of their criminal record. No higher ratio is allowed than one to one, regardless of the circumstances.

This amendment to the Criminal Code was welcomed by those who were appalled by the two- or three-for-one sentencing credits being given to offenders who were detained before their trials.

Victims of crime welcomed this amendment, which is designed to guarantee that offenders serve their sentences. Victims do not want revenge; they want sentences to fit the crime. Bill C-25 addressed this concern.

Bill S-6, An Act to amend the Criminal Code and another Act, which dealt with the faint hope clause was recently passed by the House and the Senate and will soon be ready to receive royal assent. It will abolish the faint hope clause for individuals serving a life sentence for murder. Those who commit murder after this bill comes into effect will no longer be able to avail themselves of the faint hope clause. Family members of murder victims have been calling for the abolition of this clause for many years. We listened to them.

Our government is committed to abolishing the faint hope clause, which allows murderers who are serving life sentences to apply for parole after serving 15 years of their sentence rather than 25 years. As you can well imagine, murder victims' families could not understand how a life sentence could turn into parole after only 15 years. It was absolutely scandalous. As I said earlier, victims are not acting out of revenge; they just want the sentences to be reasonable. We listened to them.

I would also like to remind the House about Bill C-48, the Protecting Canadians by Ending Sentence Discounts for Multiple Murders Act, introduced on October 5, 2010. This bill deals with multiple murders and responds to the legitimate concerns of victims of crime, who feel that every homicide victim has to count and every sentence handed down to a murderer has to fit the seriousness of the crime. Life imprisonment means spending life in prison. It is impossible to give multiple murderers multiple life sentences since we have only one life. Nonetheless, Bill C-48 will allow a judge to impose consecutive periods of 25 years with no chance of parole for each murder conviction. For example, a person found guilty of two murders—the easiest case to understand—might have to spend 50 years in prison before being eligible for parole. Bill C-48 was passed by the House and is currently at second reading stage in the other place. This bill is another example of our goal to make the punishment fit the crime and to ensure that offenders are held accountable for their actions against victims.

I also want to talk about other reforms centred around victims. I am sure that my colleagues in this House will recall Bill C-21, the Standing up for Victims of White Collar Crime Act, which was introduced in the House of Commons on May 3, 2010 and passed by the House on December 15, 2010 and is currently before the other place. Bill C-21 provides a mandatory minimum sentence of two years for fraud over $1 million. As pointed out in the Standing Committee on Justice and Human Rights, of which I am a member, many cases of fraud involving large sums of money already end in prison sentences greater than two years.

I would also like to point out that Bill C-21 has been long awaited by victims of white collar crime. These reforms will do more than just add a minimum sentence. They will allow the court to issue an order prohibiting people who have been found guilty of fraud from having any authority over anyone else's money or property in order to ensure that they do not defraud others. Restitution for victims of fraud will be given greater importance, and the courts will be allowed to take into account community impact statements concerning the repercussions of the fraud. Community impact statements will be a vital tool that will serve to remind the court, the offender and the public that these crimes have negative repercussions on communities and on the victims who suffer direct financial losses.

We listened to victims.

Who among us has never had their car stolen or does not know someone who has had their car stolen? Car theft is common. It is a real scourge. It has a huge impact on our daily lives. Victims of car theft feel huge frustration that is compounded by the fact that the thief is not held to account. Bill S-9, An Act to amend the Criminal Code (auto theft and trafficking in property obtained by crime), also called the Tackling Auto Theft and Property Crime Act, was broadly supported and received royal assent on November 18, 2010. That bill will come into force soon.

These changes create new offences related to motor vehicle theft; altering, removing or obliterating a vehicle identification number; trafficking in property or proceeds obtained by crime; and possession of such property or proceeds for the purposes of trafficking. In addition, it provides for an in rem prohibition on the importation and exportation of such property or proceeds.

Bill S-9 also sets out mandatory minimum sentences for repeat offenders.

I will spare you the details of the bills aimed at amending legislation that have been passed by the government. The list is too long. However, I want to point out some, in particular the ones meant to protect our children.

For example, Bill C-22, An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service requires Internet service providers to report any child pornography on their network. A breach of that requirement could lead to a series of increasingly higher fines and the person could be put in prison for a maximum of six months for a third infraction and for each subsequent offence. Bill C-22 was widely supported in the House.

It goes without saying that Bill C-22 addresses the concerns of victims of crime. We listened to them. The bill aims to reduce the number of new victims of Internet child pornography. The federal ombudsman for victims of crime was very clear on the need for such a law; we created that ombudsman's office.

Before I conclude, I would be remiss if I did not mention Bill C-54, An Act to amend the Criminal Code (sexual offences against children), also known as the Protecting Children from Sexual Predators Act, which was passed on November 4, 2010.

These amendments will help us better protect children from sexual exploitation because of two new infractions, namely providing sexually explicit materials to a child for the purpose of facilitating the commission of a sexual offence against the child and agreeing or arranging to commit a sexual offence against a child.

These amendments will also require the court to consider attaching conditions to sentences for offenders found guilty of committing a sexual offence involving a child and offenders suspected of having committed this type of offence to ensure that they are not in contact with children under the age of 16 and that they do not use the Internet without supervision by a designated person.

This will allow for a more consistent enforcement of sentences for sexual offences involving children.

Bill C-54 is currently being studied by the Standing Committee on Justice and Human Rights, of which I am a member, and I suggest that, when it is returned to the House, all members show their support for protecting children by ensuring that this bill is passed quickly.

The government is proud of what it has accomplished for victims of crime and for the people of Canada. We are listening to victims of crime and to other stakeholders in the justice system, and we are making reforms that address the needs and concerns of Canadians.

Our government has listened to victims.