Bill C-59 (Historical)

Abolition of Early Parole Act

An Act to amend the Corrections and Conditional Release Act (accelerated parole review) and to make consequential amendments to other Acts

This enactment amends the Corrections and Conditional Release Act to eliminate accelerated parole review and makes consequential amendments to other Acts.

Early Parole

[Bernard Généreux, Conservative, Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC]

Mr. Speaker, although the Liberal member for Lac-Saint-Louis and the NDP member for Outremont are trying to block our bill to abolish early parole for white collar criminals, the victims of Earl Jones in Quebec are calling on us to take action. Yesterday, these victims called on all the political parties in Ottawa to stand up for Earl Jones' victims, do the right thing, take action now and support the passage of Bill C-59.

Can the Minister of Public Safety tell us the status of this important bill?

Public Safety

[Vic Toews, Conservative, Minister of Public Safety]

Mr. Speaker, those are strange concerns coming from a man who was going to cripple our economy with a carbon tax.

Yesterday, for nearly eight hours, the House debated a motion to advance Bill C-59. The Liberal critic talked about keeping white-collar criminals out of prison. He quoted United States congressmen. He cited California. The number of times he stood up for the rights of victims was zero.

Does it cost money to keep prisoners in prison? Absolutely. Is it worth it? Do not ask the Liberals.

Abolition of Early Parole Act

[Pierre Paquette, Bloc, Joliette, QC]

Mr. Speaker, I understood the Liberal member. Although the Liberals opposed the quick passage of this bill, I hope that they will not oppose passing Bill C-59. I could not get a very clear answer on this from the Liberal Party House leader, but I hope that all members agree on this issue.

As I mentioned, abolishing parole after one-sixth of the sentence is served is just one change that needs to be made to our approach to economic crimes, because the traditional approach is not good enough. We have had some success, but too often, unfortunately, we discover the fraudsters only once the fraud has been carried out.

I believe that police forces need the assistance of accounting experts and that prosecutors need more solid evidence to be able to back up some charges. In the case of Mr. Coffin, the evidence that prosecutors had for some charges was perhaps not enough. As I was saying, I am not an expert in this area, but it is very clear that we need a different approach to economic crimes than the one we have now, which is based far too much on a world that did not have the information technologies we have today.

[Paul Szabo, Liberal, Mississauga South, ON]

Mr. Speaker, the member made some comments about who supported what. The House has not yet had a vote on the bill. The Liberals certainly did oppose the closure motion because it stole from parliamentarians the right to do their job.

The member also referred to the case of Paul Coffin who, in 2005, pled guilty to some 15 charges of defrauding the federal government of $1.5 million. There was restitution of $1 million.

Why did the Crown at the time only press for three of the charges and settled on two years less a day? Maybe the problem will not be solved by Bill C-59. Maybe the problem would be solved if we asked why the Crown did not proceed with the serious charges that were originally raised. Does the member have an answer for that?

[Pierre Paquette, Bloc, Joliette, QC]

Mr. Speaker, I would like to thank my colleague from Trois-Rivières. We do learn a lot here in the House of Commons. My father was a lawyer and a municipal judge, but the comparison ends there.

I think that Bill C-59 is necessary not only to renew the public's confidence in the legal system but also to send a message to criminals, particularly those who commit major fraud. I am thinking of Earl Jones and Vincent Lacroix and others who made the news. Even though they did not commit violent crimes, their crimes involved violence. A person who loses most of his or her savings at age 65 or 70 experiences a level of stress that equates to a form of violence. It is not physical violence but psychological violence or a lack of security causing stress. This must be taken into account.

Let us hope that abolishing this provision will make people think twice. But, once again, this is just one component. As we know, the Bloc Québécois submitted a proposal regarding economic crime that includes not only the abolition of the practice of parole after one-sixth of a sentence but also a co-operative effort between police and public accountants to track down these fraudsters.

[Pierre Paquette, Bloc, Joliette, QC]

Mr. Speaker, I want to thank the hon. member for his question. I believe that all of us in the House want the public to have trust in the legal system and the entire criminal justice system. For four years now, we have thought that parole after one-sixth of the sentence makes the public uneasy and discredits the entire system. That is one of the reasons we support this idea. I am quite pleased that we managed to agree with the Conservatives on certain principles and to draft Bill C-59. However, I do not understand why the New Democratic Party and the Liberal Party, who gave us their consent when we sought unanimous consent for Bill C-434 introduced by the hon. member for Marc-Aurèle-Fortin, are withdrawing that consent now. There must be something in their analysis, but this seems to be inconsistent with an approach based on principle. Again, I reiterate my invitation to the Liberal Party and the NDP to support Bill C-59 so that we may pass it unanimously.

[Pierre Paquette, Bloc, Joliette, QC]

Mr. Speaker, I am pleased to speak during debate on Bill C-59, An Act to amend the Corrections and Conditional Release Act (accelerated parole review).

As you know, this bill is the result of an initiative by the leader of the Bloc Québécois, who went to see the Prime Minister. My friend the member for Marc-Aurèle-Fortin had introduced Bill C-434, if memory serves me. As a result of the Conservatives’ repeated refusal to agree to unanimous consent for the passage of that bill, the leader of the Bloc Québécois took the initiative of going to see the Prime Minister. They looked at whether there was a way of finding a simple bill that would meet the objective of abolishing parole after one-sixth of the sentence and on which the House might reach consensus.

I had the opportunity to meet with the Leader of the Government in the House of Commons to examine the principles on which a bill of this type might be introduced in this House, with, we hoped at that time, the support of all four parties.

Very quickly, in just over two weeks, we agreed on two principles. In fact, the member for Marc-Aurèle-Fortin, who is also our justice critic, was with me at the time. The first principle was the abolition of parole after one-sixth of the sentence. In our bill, we were abolishing section 119.1 of the Corrections and Conditional Release Act, which is the only section that refers directly to one-sixth of the sentence. So by abolishing that article, we ultimately abolished the possibility of parole being granted after one-sixth of the sentence.

The Leader of the Government in the House of Commons told us that sections 125 and 126 had to be abolished at the same time, and we had no problem with that. Once section 119.1 was abolished, sections 125, 126 and 126.1 served no purpose. We quickly agreed that we had the same objectives.

The first principle we agreed on and which is found in Bill C-59, is, as I mentioned, the abolition of the possibility of parole after one-sixth of the sentence, and thus of the accelerated review procedure.

The second principle we felt strongly about was not included in any of the Conservative government's bills on this subject. In fact, we know that Bill C-39, which includes a section on the elimination of the possibility of parole after one-sixth of the sentence, is currently being studied in committee. However, it does not immediately apply to those who have not yet been able to benefit from the one-sixth of sentence rule. So, the second principle that we were calling for and reached agreement on is that everyone who has been sentenced but has not yet been able to benefit from the current provision for parole after one-sixth of the sentence will now be subject to Bill C-59.

After talks with the Leader of the Government in the House of Commons and officials from the departments of justice and public safety, we agreed that this was acceptable and represented the will of both parties. In addition, and I will come back to this later, the Canadian Charter of Rights and Freedoms is being respected in all of this. Those were the two principles.

Next, there were meetings to ensure that the text reflected all of this. At the beginning, we thought about using part of a split version of Bill C-39 as the starting point, as happened with the issue of granting pardons last spring, if I remember correctly. In that case, Bill C-23 was split in two. Bill C-23A was fast-tracked here in the House and was passed by the parties. The other part, Bill C-23B, was sent to committee and followed the usual process. This was the first possibility we looked at.

We also looked at the possibility of using Bill C-434, which had been introduced by my colleague for Marc-Aurèle-Fortin. We quickly came to the conclusion that it would be better to have a new bill. That resulted in Bill C-59, which is before us now. Again, it contains the two principles that were agreed upon, namely the elimination of parole after one-sixth of the sentence and the fact that people like Earl Jones, who have been sentenced but have not been able to take advantage of parole after the one-sixth of sentence rule, would be subject to the new law set out in Bill C-59, once it receives royal assent, obviously.

The rest of the bill simply repeals sections that will no longer be necessary in the Criminal Code if sections 119.1, 125, 126 and 126.1 are repealed. The bill is about 10 pages long, but really, only three clauses are important: clauses 3, 5 and 10. No one should be using the bill's complexity as an excuse for any delay in studying it, as the Liberals and NDP have done.

As I was saying, it is a very simple bill that directly targets the objectives we intended. My initial contact with the Liberals and NDP led me to believe that we would have the support of those parties. Why did they change their minds in the middle of the process? I do not know, but it certainly cannot be because of the supposed complexity of the bill, especially since we have been debating this notion in the House for some time now.

I would remind the House that the Bloc Québécois has been proposing this since 2007. Thus, it was not the whole saga surrounding Vincent Lacroix's release after serving just one-sixth of his sentence that led us to promote the abolition of the one-sixth rule.

I will remind the House of certain things that have happened since 2006 that make a good argument for repealing the provisions that allow parole after one-sixth of a sentence is served for a very simple issue, and that argument is, simply, the credibility of the judicial system and the credibility of the sentences handed down by judges. I concur with my hon. colleague from Marc-Aurèle-Fortin: our primary concern is to ensure that the entire judicial system—the judiciary and the sentences handed down by the courts—is considered credible in the eyes of the public, has public support and has the public's trust. Certain criteria must be met in order to benefit from parole at one-sixth of the sentence. We must acknowledge that for the past few years, parole at one-sixth of a sentence has been almost automatic and the conditions have been extremely relaxed and lenient, which has undermined the public's trust a great deal. This is true in both Quebec and Canada, and has affected the entire judicial system and how easy it has been for some criminals, particularly white collar criminals, to take advantage of the parole at one-sixth rule.

I will only talk about a few cases. In July 2006, Paul Coffin, who was involved in the sponsorship scandal, was released after serving one-sixth of his 18-month sentence. Members who have been around for a few years, like me, will remember. In 2006, that shocked a lot of people. In fact, the sponsorship scandal represented a turning point regarding trust in the Liberal Party of Canada.

On November 3, 2006, Jean Brault, another person involved in the sponsorship scandal, was released on parole after having served six months of his 42-month sentence. I can say that that was also a shock for many of us and for many Quebeckers, in particular, but I am sure that English Canada was just as shocked. I remind members that Jean Brault played a very key role in the sponsorship scandal. He practically bragged about it throughout the Gomery inquiry.

In June 2007, as a reaction to these two paroles after one-sixth of the sentence was served, we proposed that this procedure that enabled to fraudsters to serve a tiny fraction of their sentence be abolished, and that was made public. Our critic at the time was Réal Ménard. This goes back some time, since he is no longer here and is no longer the member for Hochelaga. As we know, he was replaced by my colleague, who is the current finance critic. This idea was presented in our justice plan. It was even included in a bill that Mr. Ménard was prepared to introduce before he decided to leave federal politics for municipal politics.

That is when we started promoting this idea of eliminating parole after one-sixth of the sentence. In December 2007, Vincent Lacroix was released for his first federal offence after one-sixth of his sentence.

On August 26, 2008, Jean Lafleur, another figure in the sponsorship scandal, was released after serving seven months of a 42-month sentence. We are talking about three cases, apart from the issues around Vincent Lacroix or Earl Jones, that are related to fraud and attempts to break the rules.

September 2009 was the first time we asked to fast-track Bill C-434, introduced by our justice critic, the hon. member for Marc-Aurèle-Fortin. The only people who opposed the idea at the time were the Conservatives. I remember it quite well: we did not hear a single no from the Liberals or the NDP.

On October 26, 2009, the government introduced Bill C-53 to eliminate the one-sixth sentence, which reached first reading stage only. It was clearly a reaction to the introduction of Bill C-434 by the Bloc Québécois. I must point out that during all that time, every time we sought consent or we asked questions as to why they were opposed to fast-tracking our Bill C-434 to eliminate the chance for parole after one-sixth of the sentence, those sitting on the Conservative benches told us it was very complicated, that they needed to take a thorough look at it and that we could not move forward in this manner.

I am glad the Conservatives have realized that it was not so complicated and that it was just a matter of two small, very simple principles and three key clauses. For the rest, it was just a matter of repealing clauses in order to be consistent with abolishing the clauses I mentioned earlier in my speech.

We introduced our own bill and prompted the government to follow suit. The Conservative government recognized the importance of eliminating the chance for parole after one-sixth of the sentence, but for partisan reasons, it would prefer to pass a government bill instead of a Bloc bill.

Two years ago, on February 15, 2009, Joseph Charles Guité was released on parole after serving six months of a 42-month sentence. This is yet another example. Had the government co-operated with us from the beginning and had the opposition parties, the Liberals and the New Democrats, been willing to be more objective and less partisan, we could have ensured that Guité was not released from prison in 2009 after serving only one-sixth of his sentence.

We brought this issue forward again on March 4, 2010, seeking unanimous consent to quickly pass the Bloc Québécois bill. Once again, only the Conservatives opposed the bill. For the second time, the Liberals and the NDP did not oppose passing this bill quickly. Once again, we were unable to prevent the release of Vincent Lacroix after he served only one-sixth of his sentence. As the hon. members surely know, this happened on January 27. This time it was for sentences for criminal wrongdoing.

During this time, the Prime Minister called an election and Parliament was prorogued for partisan reasons. All of this caused undue delays in the passing of a bill that would have abolished the practice of parole after one-sixth of the sentence. The government revisited this issue on June 15, 2010, and introduced Bill C-39 to abolish the practice of parole after one-sixth of the sentence, among other things. This bill was passed at second reading and will go to committee. Clearly, the government will have to propose amendments so that Bill C-39 does not duplicate the provisions of Bill C-59, but that is the government's problem. There are other provisions of Bill C-39 that warrant closer examination.

If Bill C-59 is passed, it must apply to Earl Jones, who could be released next fall after serving one-sixth of his sentence. It is therefore urgent in this case, and in others, to ensure that Earl Jones will not take advantage of current provisions.

Once again, we are reaching out to the members of the New Democratic Party and the Liberal Party to ensure that the bill to abolish parole after serving one-sixth of a sentence is passed quickly this week. I know that the committee will study the matter this evening. It will be an opportunity for further consideration of the issue. Once again, this bill contains three main clauses, and the remaining provisions are just consequential amendments.

In the time remaining, I would like to discuss the importance of passing this bill. As I have said from the beginning, it is a question of the credibility of the judicial system and the credibility of sentences handed down by judges. And it is compatible with the desire to have a system of rehabilitation. After one-sixth of a sentence, there will still be one-third. There are other opportunities for parole before the end of the sentence. However, we believe one-sixth is definitely not enough.

As I mentioned, such parole is almost automatic. We know that to take advantage of current provisions, and to be released on day parole, the offender must be serving a sentence in a federal institution—thus, a sentence of two or more years. And the crime committed must not have been a violent crime, related to a criminal organization, terrorism or a crime of a sexual nature. Furthermore, the offender cannot have been an accomplice in such an offence and, if he applies for this parole, he must not be subject to an order requiring him to serve at least of half of the sentence for a drug-related offence; it must be a first federal offence committed prior to the first stay in prison. Vincent Lacroix—and this is what is absurd about the law—was able to benefit twice from the one-sixth clause because, with respect to the federal offence committed, he had already been paroled when he was found guilty of his criminal offence. As a last condition, the offender must not be likely to commit a violent crime.

As you can see, there are many criminals who meet these criteria, including the big embezzlers who, for the past few years, have plagued the financial sector.

We believe that, because of issues related to the system's credibility, the practice of granting parole after one-sixth of a sentence must be abolished. I also mentioned that we are calling on the government, which has agreed to our arguments, to make the new provisions of Bill C-59 immediately applicable to all criminals, even those who have already been sentenced, as soon as the bill receives royal assent. It is important to note this, since some people suggest that there may be problems from a constitutional perspective.

Section 11(i) of the Canadian Charter of Rights and Freedoms reads:

Any person charged with an offence has the right

(i) if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment.

This clearly pertains to the sentence. That is what this section is referring to. It is not referring to the application of the sentence.

Earl Jones' sentence is known. Parole after one-sixth of a sentence is an application of the sentence. Bill C-59 does not alter Earl Jones' sentence and the provision of the Canadian Charter of Rights and Freedoms simply does not apply. Some are using this argument; however, it is a false argument designed to put off a decision that must be made.

Once again, I call on the New Democratic Party and the official opposition to show their generosity and intelligence by joining us in quickly passing Bill C-59 at all stages.

[Paul Szabo, Liberal, Mississauga South, ON]

Mr. Speaker, the member is very familiar with the criminal justice system and the judicial system.

Many people have talked about some of the big white-collar fraud cases. We also talked about Clifford Olson and Karla Homolka and all the hot-button cases. The member knows and he might agree that within the subset of non-violent crimes, there are some offences which are not of big concern to Canadians or victims. In fact, many of them are victimless crimes, but they would be subject to the same penalties and the same changes in the legislation with regard to early parole.

With regard to this subset of non-violent crimes that are being touched by the bill, would the member consider providing some sort of a benchmark for serious non-violent crimes, such as the defrauding of seniors, et cetera, which would not be eligible for this parole, and the small crimes, such as the person who had Tylenol 3 for a medical purpose and gave it to somebody else and could be convicted for trafficking in drugs. This is not a serious criminal matter relative to the rest of rest of discussion.

Would the member consider that there are certain crimes that should not be subject to the changes proposed in Bill C-59?

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

Mr. Speaker, I appreciate this chance to speak to Bill C-59, the Abolition of Early Parole Act. The amendments our government is proposing are important for a number of reasons. They build on our government's already impressive record of cracking down on crime. That includes any kind of crime, from those involving handguns, to those involving stolen property, identity theft and fraud.

Our government is committed to building safer streets and communities for everyone. We have delivered on that commitment in countless numbers of ways. The changes our government is proposing in Bill C-59 will also help to ensure that the corrections system works the way it should so that all offenders are held accountable for their actions. That is something our government has been committed to achieving since we were first elected in 2006.

Perhaps most importantly, the changes our government is proposing with Bill C-59 will mean that offenders convicted of fraud will not be eligible for accelerated early parole after serving just a small fraction of their sentences. Therefore, I want to urge all hon. members to support the legislation before us today, which again demonstrates a commitment I believe all of us share, which is to stand up for victims and to crack down on crime and make our communities safer and better places for everyone.

Bill C-59 will essentially do away with what appears to be a two-tier system of parole in this country, which at times appears to treat offenders convicted of fraud as if swindling people of their life savings is somewhat less of a crime than other offences.

Our government believes, and indeed I feel most Canadians would agree, that offenders who commit such crimes should not just receive a slap on the wrist once they are convicted. They should not be out on parole earlier than other offenders simply because their crime was not violent. Their actions can wreak havoc and have wreaked havoc in the lives of countless numbers of Canadians. The devastation that their actions can and have caused can often be irreparable. In many cases, victims have been left wondering where the justice is in this world. Where is justice when such perpetrators can apparently be handed lengthy prison sentences but only serve one or two years in prison? They are left to wonder why the justice system does not seem to be standing up for them. Most of all, they have been left wondering when their interests will be put ahead of the offenders. That day is here. Again, our government is taking action to stand up for victims of crime.

Under the current system of accelerated parole review, so-called white-collar offenders convicted of a first-time non-violent offence are eligible for day parole after serving just one-sixth of their prison sentence. Indeed, not only can they qualify, they are almost certain to receive it. Unlike other offenders, white-collar offenders are in fact almost automatically put into the queue, so to speak, to receive early parole. That is because under the existing rules Correctional Service Canada must refer the cases of offenders entitled to APR to the parole board before their day parole eligibility date so that they may be released under supervision into the community as soon as possible.

Let us think about that. Offenders do not have to apply for parole. Under the current system, that is already taken care of. In fact, Correctional Service Canada in effect does it for them. However, for other offenders the parole board will only receive applications for parole if the offender has informed them that they wish to be granted day parole. That is generally six months before their full parole eligibility date.

Why the double standard? Why are non-violent offenders treated differently? Our government, and I believe the majority of Canadians, would agree that should not occur.

Today, a white-collar offender might receive a sentence of 12 years, perhaps more in some cases. The reality is that many are released on parole before other offenders who might receive a similar sentence. Unlike other offenders who are generally eligible for day parole six months before full parole, white-collar or non-violent criminals can be free after just a few months in some cases. The general rule of thumb is that they can access a process called accelerated parole review after serving one-sixth of their sentence and full day parole after serving one-third of their sentence.

If we look back on some of the cases where we have seen convictions for very serious multi-million dollar fraud, sometimes in the hundreds of millions of dollars, a 12-year sentence is significant. However, when we find that the person has only spent two years in jail, we wonder if the system is being fair. The human cost is much more severe. We have heard of people who have committed suicide. We have heard of people who have lost all of their life savings. They serve what I refer to as a life sentence.

What makes the current parole system even more expedited for white-collar criminals is the accelerated parole reviews are done through a paper review by the Parole Board of Canada, whereas a regular parolee receives one by way of a hearing rather than just a shuffling of papers, as it were, in a paper process. There is no need to meet with the parole board to explain their actions, no need to face their victims. Why should a person be released on day parole if he or she is a white-collar criminal when there are still many people suffering under the weight of poverty because of his or her actions?

The test for accelerated parole review is also lower for white-collar offenders than it is for other offenders. The parole board only has to have reasonable grounds to believe that the offender will not commit a violent crime, whereas with other offenders, the test is whether that person poses an undue risk to commit any type of crime if released.

The bottom line is that the parole board, when dealing with these cases, has limited discretion. The test is whether someone is going to commit a violent offence. Even if the parole board believes someone will commit another fraud, the board is still compelled to release him or her under supervision after serving just one-sixth of his or her sentence. That means, in many cases, that people who are convicted of crimes that have devastating effects on the lives and livelihoods of Canadians may spend very little time in prison.

The end result is that offenders convicted of white-collar crimes can be released under supervision after just a few months. Offenders convicted of fraud are given lengthy sentences which do not result in much time spent in prison at all. This can be difficult to reconcile with Canadians' faith in their justice system and in the corrections system.

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

All of us here have heard of the devastating consequences of white-collar crimes such as fraud. Victims, and I believe the majority of Canadians, are outraged that offenders who have destroyed so many lives should receive preferential treatment. They are outraged that the justice system does not appear to work for them. That needs to change, which is why Bill C-59 is so important.

Our government is committed to standing up for victims, regardless of whether they are victims of gun crime or white-collar crime. Our government is committed to cracking down on crime regardless of who commits it or how it is committed. That is why we have done it in the past and it is why we are going to continue to do it in the future.

I therefore urge all hon. members to work with us, with the government, with most, and I believe all, Canadians. We need to stand up for victims and ensure that Bill C-59 is passed quickly.

May I reiterate that we have seen on the news how white-collar crime not only devastates the lives of people who are the victims of it, but also does something insidious or more so in that it colours people's view of the very system in which we live. People are fearful to invest money in the economy. That means there is a reluctance to invest in job creators. What does that do? In my view, that creates a continuing lack of faith in the system that was designed to keep growing our economy, to invest in jobs and futures for Canadians.

We need to assure Canadians that people who misuse the system and commit the criminal offence of fraud will not receive just a slap on the wrist.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, it is a pleasure to stand today to add my comments on Bill C-59.

I cannot help but at times draw comparisons with the Manitoba legislature and here. When I look at what the government is trying to do through a form of closure to limit debate, I reflect on the Manitoba legislature.

I have heard comments from my New Democratic colleagues that the Liberals did something of a similar nature. I can assure my New Democratic friends that my last experience with closure was actually within the New Democratic government in Manitoba. The NDP use closure in many different ways in the province of Manitoba.

What is important to recognize is what is taking place here and why this is a little more unique than most motions of different forms of closure that might take place.

It is interesting that time and time again we hear the government say how important this is for the victims. Even the previous speaker made reference to the victims. It is all about the victims. I, too, sympathize with the victims. I think every member of the House knows individuals who have been victimized through white-collar crime and other forms of crime. We all sympathize with the victims and we want to do what we can to minimize the impact that crime has on victims.

The big difference between the Conservatives and the Liberals is that we believe that we can do more to prevent victims from having to go through the hardships and emotional circumstances in which they find themselves if we can have a good, sound policy dealing with crime and safety.

At the end of the day, when we look at the differences between the Conservatives and the Liberals, we see that the Liberal Party has addressed this particular issue. My Liberal colleague has raised the issue of legislation or the idea of large-scale fraud and how we attempted to deal with that just over a year and a half ago.

After listening to the comments, in particular from the Bloc and from the Conservatives, I wonder why they did not embrace this enthusiasm that they have today back then. Had they done that, I suspect we would have had fewer victims. It is surprising to hear the government and member after member stand and talk about large-scale fraud when the issue of large-scale fraud was before the House on previous occasions. One has to question why it is they did not support dealing with the issue when the issue was first brought to their attention.

The way in which the government is now trying to say that the sky is falling and the bill must pass in the next 24 or 48 hours is somewhat unique. The Conservatives had the opportunity to do the right thing almost two years ago but they chose not to. They decided, in whatever collective wisdom they have among their benches, not to act on a good initiative that was before the House. We can just imagine the number of individuals who would not have been victims had the government done the right thing back then.

I would suggest that there are two issues here. We have the issue of large-scale fraud, which is very serious and which affects thousands of Canadians across this land, but it is also an issue that was before the House well before the government brought in Bill C-59. It is a real issue and it is causing a great deal of hardship in our society.

I understand there is virtually unanimous support from all members of Parliament. I suspect that had the government taken that issue, put it in this legislation and left it at that, the sense of co-operation would have been binding. We would have had wonderful co-operation. That bill would have passed quite quickly.

The Liberal Party has been advocating for that type of legislation for well over a year. Imagine the number of crimes that could have been prevented. Imagine if the government really was passionate about getting at large-scale fraudsters, the ones who victimized so many Canadians. Imagine for a moment that the government really was sincere in its comments and brought in legislation that dealt specifically with that issue. This would have been a wonderful thing to see. The government would not have needed to bring in closure. It would have had the support of Liberals and I suspect New Democrats. The Bloc would have supported the government for sure. The point is the legislation would have passed. It would have dealt with those large-scale fraudsters who caused so much hardship and concern for Canadians, and for good reason.

I have witnessed first-hand over the years individuals who have had their life savings taken away from them, or stolen from them, and the impact that has had on them, especially on someone on a fixed income. An individual on a fixed income does not have much of a choice. It is not like someone 75 years old can re-enter the workforce. Someone who cons a 75 year old out of thousands of dollars so he or she can vacation on some luxury yacht goes against what we believe is right. That is why we have laws of this nature. That is why we need laws to protect our seniors and others, because not only seniors are exploited. I sympathize as to why the need is there and I understand it.

At the airport just the other day I heard a newscast about someone selling vacation packages. It was a fraud. Imagine paying thousands of dollars for a vacation with the family and arriving at the airport find out that no such thing is taking place. People arranged to take time off from work. Commitments had to be changed. Money was allocated for the trip. All of this for naught because of possible loopholes in the law. Individuals took advantage of good, hard-working citizens.

These types of things happen far too often. We could do things in the House of Commons that would make a difference. I appeal to members to look at those things and act upon them.

I said previously that there were really two issues. The other issue is maybe not as pretty, and that is the political agenda of the government. The government's agenda is quite different from what is in the best interests of the average Canadian. The government gives the impression that it is tough on crime. This is one of those bills that it wants to use to demonstrate that.

This is why we have legislation before us that deals with more than just large-scale fraud. This is the reason the Conservatives expanded the legislation. They know it will be more difficult to get it through the House of Commons. They hoodwinked the Bloc, and I will give them that much. However, I do not quite understand why the Bloc would be onside with the legislation. I always thought there was more of a social conscience or more of a responsibility to look at the bigger picture within the Bloc.

I do not think the Liberal Party would do service, as the official opposition and as a party that has done so much in terms of justice, crime and safety in our country, if we closed our eyes and let the government get away with this. We have to recognize what the government is trying to do.

There are two different philosophies. The government genuinely believes the best way to protect society is to build as many prisons as possible and throw everyone and anyone into that prison if they violate a law.

The other day I had said that I was health care critic for the Manitoba Liberal Party. Also, for a short period of time, I was justice critic. In dealing with crime and safety, there is a lot more to that file than building a jail, keeping someone in jail for as long as we can and then letting them out the door.

Given the opportunity to hear the different sides, I believe people will buy-in to what the Liberal Party has to say on this bill. At the end of the day, I want to see less crime in the streets and communities of Winnipeg North. The best way to do that is to come in with an all-encompassing approach that deals with crime and safety. The government is failing in doing that. It is not delivering where it should be delivering because it is more interested in its political agenda of trying to give the impression it is tough on crime.

I will concede one point. The Conservatives are tougher than me in wanting to keep everyone and anyone in jail for a longer period of time, whether it is better or worse for society. I question virtually any policy they have related to justice.

I believe there has to be a consequence to every crime that is committed. I have seen crimes take place where there has been absolutely zero consequence under that administration. Maybe there will be another opportunity at another time in which I will be able to expand on that point.

I care just as much about the victims of crime as the government does. I believe all members care about the victims of crime. The difference is I want to do what I can to prevent some of those crimes from taking place. The way in which to do that is to develop programs that are sound, that make a difference and that get individuals off the wrong road and back on track. By doing that, we reduce the amount of crime in our communities in which we live.

As members know, we recently had a byelection in Winnipeg North. Crime and safety was the number one issue. I take it very seriously. There are areas in Winnipeg North where seniors will not go out of their homes because they do not feel safe in their communities when the sun goes down. Is putting everyone in jail until they hit 45 or 50 years of age the answer to that? Would that allow individuals to be safe? I would argue that is not the case.

Whether it is white-collar crime or other forms of crime, if we want to prevent some of these crimes from happening, we need education and programming. There also needs to be a punishment element, and I do not question that. I do not want the Conservatives to say that I am soft on crime or that I do not believe in punishment.

I do believe in punishment. I do not consider myself soft on crime. I consider myself an advocate in trying to minimize the amount of crime taking place in our communities, and I will talk about those types of government policies.

We could do so much more. We could take it down to the community level. For example, in dealing with white-collar crime, what can we do to better assist, better inform and educate 14 year old to 24 year old single parents? There are many 14 year old single parents. We could teach them to balance a cheque book. We could let them know how wrong it is to allow a cheque to bounce. We could teach them their responsibilities to the community as a whole, one of which is not allowing cheques to bounce.

That is one issue where if it is not dealt with at one level, it has a higher risk of continuing into the future. It potentially could become worse.

Are there things we could do to have an impact on that? I would argue, profoundly, yes. There are many things we could do to make a difference and to prevent people from becoming future victims or becoming victims in the first place.

That is the real challenge the government has to face. I have had an opportunity on one occasion to challenge the government on that. A number of days ago we raised the issue of some funding for gang prevention activities. The government made the decision not to reaffirm any sort of commitment to that. Preventing individuals from getting involved in gangs has an impact on preventing crimes. Why would the government not have the motivation to move in that direction?

When we look at the types of issues in white-collar crime, there are things the government could do. I question why the government has made the decision to expand what would have been legislation that could have very easily passed had it been focused on that large-scale fraud. It had the support of the opposition a year and a half ago. Had the government done that, it would not have had to bring in closure and this legislation could have possibly been passed by now.

With it being as all encompassing as it is, there needs to be more consultation. We need to hear what people have to say. There has to be more work done on the bill. That is the responsible thing to do, and the Liberal Party of Canada is doing the responsible thing.

[Bernard Généreux, Conservative, Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC]

Mr. Speaker, I am pleased to rise in the House today to support Bill C-59, which, when passed, will abolish accelerated parole review.

Before giving my speech, I would like to say that I hope that the victims of white collar fraudsters are watching the debate being held in the House today.

The presentations we have just heard by our colleagues opposite—the NDP—were rather odd, to say the least. I do not understand from their remarks how they are helping the victims. I personally heard nothing about that.

I would first like to thank the hon. members for their collective efforts that have enabled us to properly debate this bill and to give priority to the safety of Canadians. I am pleased to speak in the House to tell Canadians that our government is determined to ensure that this bill is passed quickly.

We are here to debate a bill that will amend the Corrections and Conditional Release Act in order to abolish the procedure known as “accelerated parole review”. These changes will ensure that white collar criminals will no longer have access to accelerated parole review. With Bill C-59, these offenders will have to assume responsibility for the crimes they have committed.

I appreciate the efforts made by my hon. colleagues to explain how accelerated parole review works, how it has created a two-tier parole system that allows white collar criminals to apply for parole earlier than offenders who have committed violent crimes, and how white collar criminals need only prove to the National Parole Board that they will not commit violent crimes to be eligible for day parole.

We also heard hon. members on the other side of the House state that they agree that we should ensure that white collar criminals who defraud Canadians serve appropriate sentences for their crimes. We appreciate the important work that has been done and we ask all hon. members to continue to co-operate with us to ensure that this bill is as strong and effective as possible.

My hon. colleagues pointed out the differences between the procedure for accelerated parole review and the procedure for regular day parole review so that we can be sure that all members of the House and all Canadians are aware of the objectives of this bill.

I would like to give you a brief summary of the bill. These amendments will make it possible to repeal sections of the Corrections and Conditional Release Act, which governs the procedures for accelerated parole review, so that offenders are no longer eligible for day parole at one-sixth of their sentence and full parole at only one-third of their sentence. When you really stop and think about it, it is fairly ridiculous that, with the existing system, offenders who commit crimes and steal from people who trusted them with their money are put in prison but serve only one-sixth of their sentences. It is completely unacceptable.

The violent recidivism test will no longer apply to accelerated parole review. All offenders will be subject to the same general recidivism criteria. The cases of all offenders will be assessed at a hearing rather than by means of a paper review.

This is the main purpose of the bill. It is actually a simple change. It does not create a new system for white collar criminals by applying a different set of rules to them than to other offenders.

We are simply eliminating a system that has allowed people who commit white collar or non-violent crime to apply for parole earlier than those who commit violent crimes. In our opinion, it is important that those who commit crimes, whether they be moral or violent, serve appropriate sentences.

As any responsible government should, we must ensure that the laws that govern our country are not only fair and reasonable but also adapted to the times in which we live. We live in a time where the ease of transmitting data— particularly financial data since that is what we are discussing today—makes it possible for crime to be committed at an incredible rate. That is why it is important that this bill be passed quickly.

This is certainly not the first time a government has amended legislation to adapt to changing times, which is the case today. Ten years ago, September 11 changed the world. Following those tragic terrorist attacks against the United States, that country, Canada and its allies made significant and often permanent changes to methods for managing safety and security at the border and on their territory.

Of course, the bill before us today is not motivated by such a radical cultural change, but it contains changes made necessary by the rapid rise in crimes like fraud over the past two decades. I believe that in Quebec in particular we have seen some completely unacceptable cases of fraud. Obviously it is never acceptable to commit fraud, but you know what I mean, in that it is important for people who commit this type of crime to be punished accordingly.

We have all read articles in the newspaper about so-called smart and helpful people who have convinced Canadian workers to entrust their entire savings to their so-called solid name. That is the sector where we have seen a rise in white collar crime. These people no longer just go after corporations. Now they are attacking Canadians who worked hard their entire lives and saved money for a bit of financial security when they retire. Those are the people we want to protect with this bill. We want to protect Canadians who work hard to save money their whole lives only to see that money go up in smoke in the hands of a fraudster. This is totally unacceptable.

In the difficult economic times we have seen in the past few years, we cannot blame Canadians for looking for ways to build up their savings. These law-abiding Canadian workers suddenly discover that their savings have disappeared. Everyone here in this House has heard about families who have lost everything and ended up isolated after such a loss. We have seen many examples of this in the past two or three years in particular, and it is important that we do something about it immediately.

It is difficult to imagine the humiliation and embarrassment these people must feel after having put their entire savings in the hands of an expert fraudster. Imagine handing over all your financial assets to someone you trust, only to have them abuse that trust and steal all your assets. It must be absolutely terrible, and it was for many families.

Some victims find the courage to testify at the trial of the person who stole from them, but many victims remain silent because they are afraid to tell anyone what happened. Goodness knows that each of us has had moments where it seemed completely natural to trust friends, who eventually turned against us. And it is not always easy to admit that.

We must understand that the victims who choose to speak and play an important role in the legal proceedings must feel relieved once the criminal is convicted. It takes a long time and a long process before that happens. They must feel a certain sense of victory when the criminal is finally put behind bars for many years.

And it is at this stage that the system breaks down and we turn our backs on victims by saying that fraud is not a very serious crime. This is when accelerated parole review comes into play. As it currently stands, accelerated parole review allows white collar criminals to apply for day parole earlier than a violent offender who receives the same length of sentence.

In Canada, financial fraud is not considered to be the same as a physically violent crime. But emotional and psychological abuse are just as serious as physical violence.

It must be a terrible shock and disappointment for the victims of these crimes to learn that the offender has received day parole so soon after being incarcerated. While the victims are still trying to pick up the pieces, the fraudster can apply for day parole and begin to rebuild his life after having served only one-sixth of his sentence.

It is rather unbelievable, when you think about it. Imagine that a fraudster caused you to lose everything you own, and after a year, a year and a half or two years, he is completely free and goes back to his life as though nothing happened. That is completely unacceptable. I am sure that hon. members will agree that that is completely unfair. Our government believes that this system is outdated and that it must be changed quickly.

I would like to stress a very important point. This amendment was not put forward by our government just for the sake of introducing a bill. Canadians told us that they wanted us to defend victims and their families. That is the purpose of Bill C-59.

Furthermore, Bill C-59 is a direct response to the recommendations in the 2007 report of the Correctional Service Canada Review Panel. The report, which made 109 recommendations, expressly stated that the accelerated parole review process should be abolished. Our government studied these recommendations and committed to following through on this recommendation so that all offenders are treated equally when it comes to eligibility for parole.

This amendment will ensure that white collar criminals, such as people who have been convicted of fraud, are no longer able to apply for day parole after serving only one-sixth of their sentence. They will have to wait until they have served at least six months before being eligible for full parole, like any other offender. It will also ensure that white collar criminals participate in their parole hearings and plead their case in person before the NPB.

With this amendment, the rules will change so that the NPB will be able to refuse day parole if it has reasonable grounds to suspect that the offender will commit another crime, no matter what type. Under the current system, the NPB must only determine whether the offender could commit another non-violent crime. With this amendment, the same criterion applies to all offenders when they appear before the board.

I urge all hon. members to support Bill C-59 and to show our total commitment to the many Canadians who have been victims of these crimes. Changing times call for new measures. The sooner we pass Bill C-59, the sooner we can put an end to the two-tier system that makes white collar criminals eligible for early parole. We must work together to provide justice for all victims.

[Don Davies, NDP, Vancouver Kingsway, BC]

Madam Speaker, I am happy to rise on behalf of the New Democratic Party to speak to this important bill. Bill C-59 proposes to amend the Corrections and Conditional Release Act to eliminate a concept called accelerated parole review, APR.

APR allows first-time non-violent offenders to apply for day parole after serving one-sixth of their sentence. Their full parole date remains, as with all offenders, at one-third of their sentence. In addition, parole for these offenders is granted without a Parole Board hearing, subject to the board always having the ability to make the case that the offender is at risk to commit a violent offence in the community.

Generally these applications, while not automatic and while not a rubber stamp, are granted with the protection of having the National Parole Board meet the burden of establishing that the person is unlikely to offend.

Before we get any further into the merits of the bill, I want to talk a bit about the context. The first thing to note is the unusual spectre of seeing the Conservatives propped up by the Bloc Québécois.

In 2008, when the New Democrats and the Liberals sat down at a table to negotiate a progressive agenda for government in our country, supported only by the Bloc's agreement not to bring down that Liberal-NDP legislative agenda for two years, the Conservative government, the Prime Minister went apoplectic. They said that it was wrong, that it was undemocratic and that there was nothing more untoward than seeing the spectre of the NDP and Liberals propped up by the separatists.

The Conservatives divided the country from coast to coast and used one of the most vile principles in politics, the one of dividing region against region, founding nation against founding nation, language against language. They used it as a political weapon across the country to save their political hide.

Yet what do we have today? It is a backroom deal cut by the Prime Minister with the leader of the Bloc Québecois, the separatists, to get a piece of legislation into the House. My how things change. What kind of hypocrisy is that?

I think Canadians will see it. They are used to hypocrisy from the government. Canadians have seen the Conservatives campaign for years on the absolute unacceptability of an appointed Senate and then have watched them stuff that Senate with party bag people.

[Maria Mourani, Bloc, Ahuntsic, QC]

Madam Speaker, I am delighted to speak today to Bill C-59, An Act to amend the Corrections and Conditional Release Act (accelerated parole review) and to make consequential amendments to other Acts. Finally, we are arriving at the conclusion of this great saga.

I will first summarize the current situation. The procedure for parole after one-sixth of the sentence, also known as accelerated parole review, is set out in sections 119(1), 125, 126 and 126(1) of the Corrections and Conditional Release Act.

In brief, a criminal serving a sentence in a federal institution—a sentence of two or more years—can be paroled after serving one-sixth of his sentence under accelerated parole review.

According to the criteria, provided that the offender has not committed an offence involving violence related to a criminal organization, terrorism or a crime of a sexual nature or been an accomplice to such an offence, he is not subject to an order requiring him to serve at least half of the sentence for a drug-related offence. The offender must have been sentenced to a federal penitentiary for the first time and must not be likely to commit a violent offence. These are some of the criteria in the current law.

Consequently, an offender who meets all these criteria is eligible for accelerated parole review, which means that he could be released on day parole after serving six months or the equivalent of one-sixth of his sentence, whichever is longer.

This mechanism is often negatively perceived by the public, which does not understand why white collar criminals or other kinds of criminals serve only a tiny fraction of the sentence given them. This also makes the justice system seem lax. I must admit that I completely understand their position. There is good reason to question this process. People do not necessarily want tougher sentences, they just want the sentences to be enforced.

I feel that this mechanism hurts the parole system as well as the overall justice system. And it also undermines the public's confidence in our ability to protect them.

Before I go any further, I would like to provide a bit of history. The NDP and Liberal members are so surprised and outraged by what is happening today that I will tell them what led to all these events. Then they will understand that this bill did not just come out of nowhere.

It began in July 2006. Paul Coffin—I think the Liberals know him—was involved in the sponsorship scandal and was released after having served one-sixth of his 18-month sentence. This is not a question of fraud; this was pure corruption on the part of those involved in the sponsorship scandal. This is not Vincent Lacroix.

In October 2006, Jean Brault, a second person who was a main player in the sponsorship scandal and founder of Groupaction, was released on October 6, 2006. He served six months of his 30-month sentence.

In June 2007, the Bloc Québécois introduced a justice plan that included a demand for the abolition of this practice that allows fraudsters to serve only a tiny fraction of their sentence.

In December 2007, Vincent Lacroix was criminally convicted for the first time.

In August 2008, Jean Lafleur was released after having served only 7 months of his 42-month sentence. Jean Lafleur is a name that should still ring some bells.

On September 14, 2009, the Bloc Québécois asked for unanimous consent for the quick passage of Bill C-434. That was the first request.

The Conservatives opposed it, once again for partisan reasons. On February 15, 2009, Joseph Charles Guité was released on parole after serving six months of a 42-month sentence. On October 26, 2009, the Conservatives introduced Bill C-53 to abolish the one-sixth of sentence rule. They did not want unanimous consent, so they introduced their own bill. We had no problem with it and were prepared to support it. It was a reaction, but that was fine. Then the Prime Minister prorogued Parliament, so the bill died on the order paper.

On March 4, 2010, we again asked the House for unanimous consent for speedy passage of the bill, which had the same objective—to abolish accelerated parole review. Once again, the Conservatives opposed it for purely partisan reasons.

On June 15, 2010, the Conservatives introduced Bill C-39, which is currently before the committee. It aims to abolish the one-sixth of sentence rule, but it also contains a number of other measures. It needs to be thoroughly examined, but we have not yet even begun to hear any witness testimony. Understandably, it might take some time for this bill to go through the legislative process.

On January 27, 2011, Vincent Lacroix was released after serving one-sixth of his sentence. He served 15 months of a 13-year sentence. On January 31, I was in this House and saw the Bloc Québécois leader go out of his way to see the Prime Minister. They had a discussion. The Conservatives finally changed their minds and we are now working together. It appears that the Liberals would have liked to be the ones to take this initiative. Yesterday my public safety colleague almost seemed ready to issue some criticisms, because his party had not initiated this. We need to forget about that and look ahead to the future. We are working with the Conservatives and now we have Bill C-59.

On February 10, 2011, I asked for the unanimous consent of the House, and what did we hear? From both sides, the Liberals and the NDP clearly said that they were not interested in unanimous consent and they needed more time to examine something that they had already accepted in September 2009 and March 2010.

This bill did not fall from the sky; it did not appear out of nowhere. It took a long time for it to get to where it is now, and I think it is important.

Eliminating what is now virtually automatic parole after one-sixth of the sentence is served will remedy some of the bizarre and most often criticized situations, such as sentences for economic crimes, for example. And the hon. member for Ajax—Pickering is right, it is not just economic crimes that are affected. I saw a good example when I was a parole officer. There was a man who was part of the mafia who had never been caught for violent offences. That is not unlikely because people like him delegate their dirty work to subordinates. A good organizer with a lot of hired people on hand who is not even accused of gangsterism can also benefit from this. There are many other people, who are not necessarily petty fraudsters or petty thieves, who might be rehabilitated. It is true. By the way, these people still have a chance at rehabilitation with Bill C-59. The only thing this bill does is get rid of automatic parole after one-sixth of the sentence. However, these people could very well get day parole six months before they have served one-third of their sentence. That is already a common occurrence.

Bill C-59 abolishes this provision and will ensure that people like Vincent Lacroix serve their sentence. It is too late for Vincent Lacroix because he has already been released and he had to serve only one-sixth of his sentence.

Abolishing this provision will confirm the role of parole officers, who will be able to assess the risk of recidivism and the risk to society based on criminogenic factors and the ability of this type of criminal to reintegrate into society. They will also be able to determine whether these inmates have to stay at the detention centre to take programs. Let us not forget that assessments take time. When an accused ends up at a regional reception centre, it takes approximately six months of assessment before he is sent to a penitentiary. Then the offender has to take programs, which takes time. It takes more than 15 months to be able to say congratulations, you are rehabilitated, thank you and goodbye to an offender who then goes to a halfway house in Ontario and hides some place where very few people know him. It is okay to do that, but we have to allow these people to take programs, and they can do that when they are incarcerated.

Abolishing this procedure will help create a balance between the credibility of the justice system and the objective of rehabilitation, if we want to really talk about rehabilitation, because the offender has to want to be rehabilitated. I will give some examples of comments made by some judges and prosecutors regarding accelerated parole review. I did not really understand what the member was saying earlier. He should have said it in English. I think he was talking about how the Quebec bar association is not very happy with the bill. I will give him some other examples of people who, on the contrary, think that accelerated parole review is appalling. The best example is Justice Wagner, who presided over the case of Vincent Lacroix. He sent a very clear message to politicians about parole, and it concerns all of us:

The reflection of the Courts cannot and must not take into account the consequences and the terms and conditions of parole, which are not their responsibility and over which they have no control.

Justice Wagner added:

While Mr. Lacroix's crimes were not accompanied by direct physical violence...his crimes caused his victims and their families considerable moral violence because of the stress, insecurity and uncertainty experienced by those who lost their life savings intended for their retirement.

Furthermore, Justice Wagner said:

The Court feels that it is important to point out that parole is the responsibility of Parliament and that it is up to politicians to answer for their acts or omissions.

That is good advice.

In addition, Mr. Brodeur, the crown prosecutor on this case, said, “This judgment sends a clear message that elected officials will have to hear. Parole after one-sixth of the sentence is served is, in some cases, unreasonable.” He is talking about us there.

I repeat: abolishing accelerated parole review after one-sixth of the sentence is served will give professionals working in our prisons the ability to recommend to the appropriate authorities—the National Parole Board in this case—the right action plan for each offender, based on the work the individual has done in prison. It will also help restore the credibility of our justice system.

I would now like to direct my comments to the Liberal and NDP opposition. Their attitude is not only inconsistent; it is irresponsible. Ironically, unlike the Conservatives, they agreed to back us twice, once in September 2009 and again in March 2010, in order to secure swift passage of the bill. And yet, the bill being introduced today is similar and serves exactly the same purpose. It is quite clear that they are simply stonewalling on an issue about which all Quebeckers agree. I am sure that if we were to poll Canadians tomorrow morning, they would agree with this assessment.

The Liberals and the New Democrats are the ones trying to stall the process. Here is the clearest example of that: on February 7, 2011, the NDP stated publicly—at least they were quick about it and very frank—that they would not support any fast-tracking on this issue. The Liberals followed suit a few days later. We saw their official response on February 10, when I called for speedy passage of the bill.

And yet, I repeat, not once over the past four years did they speak out against this initiative. The NDP claims that it wants to take its time in considering this bill, but in my opinion they are confusing the expressions to take one’s time and to stall.

We pressed ahead to get this bill fast-tracked and we have demonstrated that we are amenable to making accommodations. However, as I see it, the NDP would rather complain. We, on the other hand, intend to move ahead on this issue with a clear conscience.

Yesterday, during debate, a Liberal member argued without much conviction that there was a difference between our previous bill on abolishing accelerated parole review and Bill C-59. That is completely untrue. Also included in Bill C-59 is what essentially amounts to a number of consequential amendments. It is just window dressing; exactly the same process is being considered.

In my opinion, the opposition from the Liberal Party and the NDP amounts to pure partisanship. Furthermore, yesterday—and I will not rehash this—it was clear to me from the speech delivered by my colleague, the critic for public safety, that he was a little disappointed the government did not approach them. But that is another kettle of fish.

I would once again remind Liberal and NDP members that their current fecklessness, if emulated by the majority of parliamentarians in this House—and I hope that will not be the case—would potentially pave the way for the premature release of another financial predator, Mr. Earl Jones. To my mind, these are financial predators.

Need I remind the House that Earl Jones perfected a Ponzi scheme whereby he paid his clients out of their invested capital? He stole between $50 million and $75 million from 150 people. He was convicted on February 15, 2010, and sentenced to 11 years behind bars. He is now expected to be released in December 2011—this year, in other words—after serving only one-sixth of his sentence. This, as I made clear yesterday, explains the urgency of the matter.

I will give you another example. In Montreal and Laval, Mr. Kordzian, an unsavoury individual who is actually from my riding, unscrupulously defrauded 25 people of close to $1 million. These people lost everything: their retirement savings, their homes. I said this yesterday and I will say it again today: the leader of the Liberal Party came to my riding and was five minutes away from the coffee shop where Mr. Kordzian had operated. Had he listened to what the victims had to say, his party would not still be waffling on this issue the way they are now.

I would like to give a few examples of major frauds that were committed in the ridings of some of the hon. members from other parties in the hopes of convincing them to reconsider their positions. In the riding of Ajax—Pickering, a man was sentenced to two years in prison. He defrauded people of thousands of dollars through telemarketing. He was a senior manager at Datacom Marketing Inc. He pleaded guilty to six counts of fraud estimated at several million dollars.

Another prime example occurred in the riding of the member for Vancouver East, who is also the public safety critic. In this case, an individual defrauded 60 investors of $8.2 million through two companies, CPLC Limited Partnership and CPLC Management Group Ltd.

As you can see, this is not happening only in my riding. It is happening just about everywhere in Canada. Another example occurred in Brossard—La Prairie. One of the five Norbourg employees who were accused of fraud, Mr. Deschambault, a chartered accountant from La Prairie, was accused of 112 counts of fraud. He defrauded—

[Paul Calandra, Conservative, Oak Ridges—Markham, ON]

Madam Speaker, it is a pleasure to speak to this motion, just another in a series of extraordinary justice legislation that has been brought forward by this government to restore balance to our justice system. I am pleased to rise today on behalf of the good people of Oak Ridges—Markham.

I want to take a moment to commend the hon. members who have already demonstrated their support for Bill C-59 and are ensuring that these important changes receive quick passage into law. Those hon. members are showing their commitment to ensuring the safety and security of our communities.

All offenders must be held accountable for the crimes they commit. Bill C-59 is all about accountability, about offenders serving appropriate sentences for the crimes committed. That is what we call justice.

Bill C-59 would ensure that all offenders will be treated equally, regardless of the nature of the crime they commit, when it comes to eligibility for parole. Currently, there is a distinction made between crimes committed with or without violence. Parole, in cases of non-violent crime, is presumptive, meaning that the Parole Board of Canada must automatically release the offender into the community under supervision unless it has reasonable grounds to believe that the offender will commit a violent offence if released.

That does not seem fair to me. Fraud and white-collar crimes must not have been committed with violence but the victims are harmed nonetheless. Lives are ruined, entire life savings are lost and the physical, psychological and emotional harm resulting from these crimes can be equally as devastating.

Can we honestly say that justice has been served when an offender who has received a sentence befitting the crime walks out of jail well before the sentence has been served? In essence, many victims are essentially re-victimized by the relatively short amount of time that offenders spend behind bars for their crimes.

Canadians have spoken loud and clear. They are outraged that the rights of offenders seem to be put ahead of the rights of law-abiding citizens. Our government is listening and we are taking the necessary action to crack down on crime and stand up for those who have been victimized. We are ensuring that victims' voices are heard and that their concerns are being addressed. Bill C-59 is just one step in that direction.

Our government has already introduced several initiatives that demonstrate our commitment to victims' rights. The federal victims strategy was introduced in 2006 to improve the experience of victims of crime in the criminal justice system. Since its creation, the government has committed over $50 million to this strategy. We created the Office of the Federal Ombudsman for Victims of Crime in 2007 to ensure that the federal government meets its responsibility to victims of crime.

Under our leadership, the truth in sentencing law was passed, which eliminates the two-for-one credit that offenders receive for time served in custody prior to sentencing. We have gotten tough on organized crime, including drug crime, with stiffer sentences and we have passed the Tackling Violent Crime Act, which better protects Canadians from those who commit serious and violent crimes.

In addition, we are facilitating access to EI benefits for family members of victims of crime and the right to unpaid leave for workers in federally regulated industries. The victim surcharge is also being made mandatory to provide better financial support to victim services.

There are several more examples I could give that demonstrate that this government is making victims' rights a priority, but now I want to turn to the accelerated parole review challenges, the very rights that we are working so hard to uphold. By allowing accelerated parole review to continue operating in the justice process, we are, in essence, undermining the rights of victims and trivializing the suffering that they may have suffered at the hands of their offenders.

The current system of accelerated parole review grants parole to offenders convicted of non-violent offences after serving only one-sixth of the sentence and full parole after serving just one-third. This means that a white-collar criminal who has received a sentence of 12 years would actually spend very little time in jail. With accelerated parole review, these offenders can be back in our communities on day parole in just two years and be on full parole in just four years.

The current system requires that the Correctional Service of Canada refers the case of offenders eligible for APR to the parole board. This is done before the offender's day parole eligibility date so that they can be released into the community as early as possible. Parole hearings are not held in these cases, as there is no requirement for the parole board to hold a hearing to determine whether offenders eligible for APR may be released on day parole and full parole.

I, like most Canadians, would expect that the decisions around parole for white collar criminals would entail more than a simple paper exercise. It does not work that way for violent offenders, so it should not work that way for fraudsters either. They should not simply be let out on day parole after serving one-sixth of their sentence, as they essentially now often are.

Other offenders must convince the parole board that they will comply with the law and the conditions of their release. These offenders must make their case at an actual hearing. Unfortunately, as it now stands, white collar offenders do not actually have to explain to anyone why they should be granted parole. They only have to go through a paper review with the parole board.

Compounding the problem, the parole board has no choice but to grant parole to an offender who is entitled to APR, except in those instances where the parole board believes the offender may commit a violent offence before the sentence is up.

This situation is unlike the one facing other offenders and, thankfully, Bill C-59 will put a stop to it.

Let us think about the current scenario again because it offends both me and many of my hon. colleagues in the House. Under the present law, only the prospect of an offender committing a violent offence will prevent that criminal from receiving automatic parole.

Those fraudsters, the ones who may have duped many and literally destroyed lives, will not be denied parole and will only serve a fraction of their time behind bars. Without grounds to believe a violent offence will be committed, the Parole Board of Canada simply has no other choice but to grant parole.

The special treatment afforded to these offenders has to end. All other offenders are subject to a very different standard, one that instills, rather than undermines, confidence in our justice system. Right now, for all other offences, the parole board has set criteria to guide its approach in deciding whether they grant or deny parole.

In these cases the parole board will assess whether an offender poses an insurmountable level of risk to commit any type of an offence if released. If that risk exists for any type of offence, parole is denied.

Let us not miss the importance of that principle; it is one that warrants repeating. With the troubling exception of white collar offenders, all other offenders are not granted parole if the parole board is convinced that any type of offence will be committed once a person is released, whether violent or not.

There are no justifiable grounds for the existing exception for white collar criminals. These are the offenders who have bilked many, washing out entire savings and crippling lives in the most extreme cases. These offenders must no longer enjoy the different standard they face under the current law. The scales of justice seem unfairly tilted in their favour.

This government has made it quite clear that it will not put the rights of any offender ahead of the rights of others. We will stay committed and remind ourselves of a few clear cases where these white collar criminals have benefited from the current APR system. These are cases that make us all question whether justice is being served.

The parole board simply does not have the discretion is so sorely needs in these cases. Bill C-59 would bring about that change, which is why I stand here in the House and turn to my hon. colleagues and ask them to ensure timely passage of this bill.

I for one feel compelled to see the changes proposed in Bill C-59 put into place so that we put victims first. In my riding of Oak Ridges—Markham, we have certainly not been immune from the scourge of white collar crime. Indeed, not long ago a fraudster was at work within my community. After being convicted of her crime, she spent very little in jail and was released back into the community and was quickly found to be in violation of her parole. The police had to track her down and put her back in jail.

I know this person's victims. They are from my small home town of Stouffville. I see the stress they have faced. As this continued to be in the local papers, I watched the person who committed these acts flaunting our current system. It is absolutely positively unacceptable that we have a current justice system that would allow people who commit this type of crime to walk our streets after serving only one-sixth of their sentence.

However, this speaks to the many different things that this government has done.

Of course, when we came into office in 2006, we found a criminal justice system that was tilted not toward the victims but more toward the perpetrators of these crimes. Since then we have been rebalancing our justice system. The Minister of Justice, the Minister of Public Safety and this government have focused on restoring balance to the justice system so that the victims of these crimes can feel that the government is truly working on their behalf to give them a system of justice they can be proud of and so that Canadians can understand that the government will always stand for them and the rights of victims before those of criminals.

There are so many different programs and justice bills that we have brought forward. We have Bill S-10, An Act to amend the Controlled Drugs and Substances Act, Bill C-4, An Act to amend the Youth Criminal Justice Act and Bill C-39. As I said, it is part of this government's focus to restore people's confidence in their justice system.

However, when we talk about Bill C-59, it is sometimes forgotten that it deals with incredibly serious crimes. There are fraudsters out in the communities who are seeking vulnerable people in a lot of instances and taking advantage of them and their life savings, the things they have worked so hard for their entire lives. Yet there are fraudsters out there who are doing this and who have no shame. Then the victims are victimized again when a court pronounces a sentence and then the person is released back into the community after serving only one-sixth of their sentence. That is clearly unacceptable to the people I represent in Oak Ridges—Markham. That should be unacceptable to every single member of this House.

It is unconscionable that we have had delays in getting this bill passed and have been spending so much time at committee on what should be a common sense bill. The people from my riding have been calling me and asking why it is taking us so long to deal with this. They do not want to hear about delays. They do not want to hear about the stalling tactics the opposition have been using to try to thwart the bill being passed. They want us to get it done and get it passed so that people will pay the price for the crimes they have committed. They do not want us to make a distinction that would have us treating the criminals better than the victims. They do not want to be re-victimized. They want to know that this government and the Parliament of Canada will stand up for victims' rights ahead of criminals. That is what this bill does; that is what all of the legislation we have brought forward does.

It is interesting that before the government operations committee, we had the head of the Correctional Service of Canada. He was asked if he had the resources required to keep convicted criminals in jail longer so that they could serve the sentences they had been given by the people of Canada. He of course said that he could continue to provide one of the best criminal justice systems in the world, a system that has been looked at by other nations as an example. He talked about the savings that he has been able to find within the correctional service by computerizing scheduling and finding other efficiencies so that he could put that money into keeping offenders in jail longer.

Therefore, I am pleased to support this. I hope that all of my opposition colleagues will join with the government in passing this bill so that the Canadian people can feel confident that the government, and Parliament and the people they elect are putting them first.

When I was asked to speak on this bill, the first thing that came to mind was the individuals in Stouffville who were victimized by this unscrupulous person who took them for thousands of dollars and was later found back on the streets with the exact same group she had used to abuse these people and take their money.

People call me and talk to me and send emails asking how this can be allowed to happen in Canada. How can we allow these victims to go through this time and time again? Why should their names be in the paper again? Why should they be re-victimized? Why can members not get their act together and pass this bill?

Canadians, the people in my riding of Oak Ridges—Markham, find it completely unacceptable that this bill has been stalled and delayed. They have sent me a very clear message to get the bill passed, get it through Parliament and start focusing on all the other crime legislation that has been brought forward in this House to restore balance to our criminal justice system. I am proud that I can do that, and I will be working with colleagues, at least on this side of the House, to make sure that all of those criminal justice issues are brought forward.

The delays to this particular piece of legislation and all of the legislation that we have been trying to get through this House speak to the sad reality of some individuals on the opposition benches who think more of their entitlements than they do of the people of Canada. If we were truly putting the Canadian people first, we would have passed this bill. We would not have spent a full day debating and talking about how we could delay this bill. It would have gone through committee.

In the government operations and estimates committee last week, we had an opposition witness who was talking about some of the crime legislation we had brought forward. It is something that stuck in my head as the father of two beautiful girls. The opposition was very happy with the group of witnesses before the committee. These witnesses did not support this government's agenda to keep violent criminals in jail. They did not support this government's agenda to keep white collar criminals in jail. They did not support our agenda to rebalance the Young Offenders Act. The opposition thought they had a great witness who would counter all of the arguments for keeping violent criminals in jail, but when the member for Peace River asked the witness whom the opposition had been so happy to bring forward, “Do you believe that people who rape children should be put into prison?“, that witness said, “Not necessarily.”

I know that members, at least on this side of the House, had to take a step back and make sure that the person truly understood the question. The member for Peace River asked again to make sure the witness has understood the question. The answer came back the same: “Not necessarily”.

Imagine having to go back to a riding and trying to explain that there are people in this House who support groups and organizations that do not feel that somebody who rapes or victimizes a child should necessarily go to jail. I can say that as a father of two, I found that completely unbelievable. I still find it unbelievable. It was testimony from a witness brought forward by the Liberal Party of Canada. It was jammed through committee in such a quick rush; they had to have this witness in front of the committee and now I know why.

When it comes to standing up for victims of crime, we can never rely on the Liberals to stand up for the victims. They will always find a way to stand up for the criminals, whether it be the member for Ajax—Pickering or others who tour our prisons and talk about how upset they are that the criminals are so demoralized in prison because they have a government that is getting tough on crime.

I can assure the residents of Oak Ridges—Markham that they have a member of Parliament who will always stand up for them. They have a member of Parliament who will always stand up for the victims of crime. I implore the opposition to once and for all vote the way their constituents are asking them to vote. Get tough on crime and do the right thing for victims.

[Steven Fletcher, Conservative, Charleswood—St. James—Assiniboia, MB]

moved that Bill C-59, An Act to amend the Corrections and Conditional Release Act (accelerated parole review) and to make consequential amendments to other Acts, be read the second time and referred to a committee.