An Act to amend the Criminal Code and another Act

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

Status

This bill has received Royal Assent and is now law.

Summary

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

This enactment amends the Criminal Code with regard to the right of persons convicted of murder or high treason to be eligible to apply for early parole. It also amends the International Transfer of Offenders Act.

Similar bills

C-36 (40th Parliament, 2nd session) Serious Time for the Most Serious Crime Act

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other S-6s:

S-6 (2026) Federal Law–Civil Law Harmonization Act, No. 4
S-6 (2022) An Act respecting regulatory modernization
S-6 (2018) Law Canada–Madagascar Tax Convention Implementation Act, 2018
S-6 (2014) Law Yukon and Nunavut Regulatory Improvement Act

Votes

Dec. 14, 2010 Passed That Bill S-6, An Act to amend the Criminal Code and another Act, as amended, be concurred in at report stage.
Dec. 14, 2010 Failed That Bill S-6, in Clause 7, be amended (a) by replacing line 9 on page 6 with the following: “3(1), within 90 days after the end of two years” (b) by replacing line 19 on page 6 with the following: “amended by subsection 3(1), within 90 days”
Dec. 14, 2010 Failed That Bill S-6, in Clause 3, be amended by deleting the following after line 28 on page 3: “(2.7) The 90-day time limits for the making of any application referred to in subsections (2.1) to (2.5) may be extended by the appropriate Chief Justice, or his or her designate, to a maximum of 180 days if the person, due to circumstances beyond their control, is unable to make an application within the 90-day time limit. (2.7) If a person convicted of murder does not make an application under subsection (1) within the maximum time period allowed by this section, the Commissioner of Correctional Service Canada, or his or her designate, shall immediately notify in writing a parent, child, spouse or common-law partner of the victim that the convicted person did not make an application. If it is not possible to notify one of the aforementioned relatives, then the notification shall be given to another relative of the victim. The notification shall specify the next date on which the convicted person will be eligible to make an application under subsection (1).”
Dec. 14, 2010 Failed That Bill S-6 be amended by restoring Clause 1 as follows: “1. This Act may be cited as the Serious Time for the Most Serious Crime Act.”

Protecting Canadians by Ending Sentence Discounts for Multiple Murders ActGovernment Orders

November 15th, 2010 / 5:30 p.m.


See context

Bloc

Marc Lemay Bloc Abitibi—Témiscamingue, QC

Mr. Speaker, I am pleased to speak to Bill C-48.

I also believe that this is a very important bill and that it is very difficult to play political football, as I call it, with this long-awaited bill. This is the reincarnation of Bill C-54, which died on the order paper in late 2009. We are now dealing with Bill C-48 which, when we first looked at it, seemed to be a very difficult bill. When I saw it for the first time, my initial comment was that it did not make sense and that, as usual, it was being sneaked in the back door by the Conservatives. I said that because I had read the first clause of the bill, which is the short title and which really does not make sense, “Protecting Canadians by Ending Sentence Discounts for Multiple Murders Act”. I can say that this first clause will obviously not get through committee.

I concur with the hon. member who spoke before me; we will not play political football with this bill. The subject of this bill requires us to study it and vote in favour of it. The Bloc Québécois will vote in favour of this bill so that it can be studied in committee as quickly as possible. I am putting the House on notice that clause 1 of this bill is not acceptable. We are not going to do more advertising and say that we are concerned about the victims when that is not the case. That is not the intent of this bill. It is rather surprising, but its intent is rather heretical. Yes, there are mistakes. I respectfully affirm that there mistakes in the Criminal Code. A person who is found guilty or who pleads guilty today to two, three or four murders, will serve no more than 25 years. That is odd because it is one of the things not found in the Criminal Code. If someone pleads guilty to one, two, three or four break and enters or automobile thefts, the judge will generally say that he has understood nothing, that not only did he commit a break and enter, but that since he committed two, three or four, he should be given additional sentences.

If my memory serves correctly, in 1976, when the death penalty was abolished, the government said the most serious crime was murder. Since it is the toughest sentence, a mandatory minimum sentence of 25 years would be imposed and after that, if the individual is rehabilitated, the subsequent articles state he or she could return to society. Except that people forgot about—and this is what Bill C-48 aims to correct—repeat offenders and multiple murderers. Now, people have the nerve to call these sentence discounts. I do not believe they are sentence discounts, with all due respect to my Conservative colleagues who are completely on the wrong track. I believe that when section 745 was created—and I will quote it in a moment—something was overlooked. Perhaps it was not intentional. I was not here in 1976; I was arguing cases, so I do not know. I think it is a mistake that must be corrected today.

People need to understand what happens in a murder case. When an individual is found guilty of murder, his or her trial is generally held before a jury, and it is the jury that reaches a verdict and determines whether the accused is guilty of first or second degree murder.

First degree murder is premeditated murder. If someone plans a murder, he or she will be found guilty of first degree murder. Second degree murder is an unplanned murder. It might involve someone who, in a fit of anger, picks up a guns, shoots someone and kills that individual. I am summarizing quickly, but that is called second degree murder.

Subsection 745.21(1) of Bill C-48 is extremely interesting. It states:

Where a jury finds an accused guilty of murder and that accused has previously been convicted of murder, the judge presiding at the trial shall, before discharging the jury, put to them the following question:

You have found the accused guilty of murder. The law requires that I now pronounce a sentence of imprisonment for life against the accused.

Freeze the picture here. The judge is required to impose a minimum sentence of life in prison. If an individual is found guilty of murder, he will be imprisoned for life. The judge's question continues:

Do you wish to make any recommendation with respect to the period without eligibility for parole to be served for this murder consecutively to the period without eligibility for parole imposed for the previous murder?

That is the crux of the change, which has been requested by a number of jurisdictions over the past few years. I have an example of the sad case of a woman who made a suicide pact with her husband. They had two children and they decided to end their lives. It is sad, but so it goes. Unfortunately in life, things happen. The woman ingested the same drugs as her husband and two children. The three of them died, but unfortunately she survived and was convicted of a triple murder.

The interesting thing about this bill is that it does not provide additional automatic minimum sentences. It provides the judge with the possibility to ask the jury what it thinks. I am utterly convinced that a jury would never have asked a judge for an additional sentence. The woman has to serve 25 years because it was a premeditated murder. The jury will be consulted and the judge could impose an additional prison sentence. This bill is interesting because it focuses on the victims.

Regardless of what our Conservative friends, especially the Parliamentary Secretary to the Minister of Justice—and I point the finger at him—might think, the Bloc Québécois is concerned about the victims and is voting in favour of this bill. I hope my dear colleagues and the parliamentary secretary are not going to phone Go Radio X FM in Abitibi to say that we are voting against Bill C-48, because they will be mocked, just as they were on Bill C-22.

That said, I suggest that they listen when we speak and that they listen in committee. We will vote in favour of this bill, except with respect to the short title in clause 1.

These things need to be said. When we are talking about someone who has committed multiple murders—think of Colonel Williams or Pickton or Olson—I think that even if this bill had been in force, they would still serve 25 years in prison. That seems highly improbable. That is what the Conservatives do not understand because they have never or rarely worked in criminal law. They have never made a request. They have never, especially not the Parliamentary Secretary to the Minister of Justice, appeared before the National Parole Board. They have certainly never appeared before a Superior Court judge to request a sentence reduction in order to be able to apply.

I will explain because I am sure that he does not understand. I will explain how it works. Someone who is found guilty of murder is sentenced to life in prison. End of story. The Conservatives, and especially the parliamentary secretary, should stop twisting words. The person is sentenced to life in prison and must serve at least 25 years. That is what the law currently says. After 17 years in prison, that individual may make a request to a judge, in the jurisdiction in which he was sentenced, to have the sentence reduced. That does not mean that it will be reduced. On the contrary. There are figures, and I will be able to share them in another speech, but it is clear: there are currently over 4,000 people imprisoned for murder in Canada, and of these 4,000, 146 have made a request and only 123 of those have been allowed to appear before the National Parole Board.

That is what my Conservative colleagues do not understand and, with all due respect, neither does the parliamentary secretary. Not just anyone can apply and Bill C-48 will not change that. It is not true. An eligible person will still be eligible, but the court, taking into consideration the horrible crime—because murder is always horrible—decides. Does someone who committed a double or triple murder deserve an additional prison sentence? That is up to the jury. Obviously we need to make a distinction between a hired assassin, a psychopath and a woman who, in a moment of acute distress, kills her husband and her two children. The Conservatives do not understand that. They will not understand it, but they need to.

That is exactly what Bill C-48 does, regardless of what our Conservative friends might say: it gives a jury that has found someone guilty of a second murder the possibility of recommending to a judge that the person serve an additional five or ten years. That means that the person serves 30, 35 or even 40 years instead of 25. Consequently, that person's chance of applying for parole could be pushed back. With all due respect for my colleagues across the way, there has never, through all these years, been an individual convicted of murder who has been released and then committed another murder. I hope that they understand that and that the people watching understand it as well.

That has never happened, whether my Conservative friends like it or not. We asked the parliamentary secretary about this, but he could not say anything about it. We asked the justice minister to provide us with the figures, but we obtained the figures from the parole board, because we are examining other related bills, including the famous Bill S-6. I hope the parliamentary secretary will have the nerve to rise to ask me about Bill S-6, because I will give him the answer.

I agree with my Liberal colleague, for whom I have a great deal of respect and whom I listened to carefully. I agree that we must not play petty politics with Bill C-48. I agree, we will not politicize it, except for clause 1. We will do so because that is what the Conservatives are doing. Clause 1 must be changed. I hope the real parliamentary secretary, not the one from the Quebec City region, but the other one whom I am not allowed to name—I can name him but I am not able to name his riding—understands that he must amend clause 1. The real title is “An Act to amend the Criminal Code and to make consequential amendments to the National Defence Act”. It is perfect; I have no problem with it.

However, the “Protecting Canadians by Ending Sentence Discounts for Multiple Murders Act” is inaccurate. I would like the government side to stop spreading these falsehoods. All the numbers we have show that no one has ever received a sentence discount for multiple murders. Yes, there is a mistake. Yes, under section 745, a person receives one 25-year sentence, but that is how the Criminal Code was drafted. That section still exists.

Neither the judge nor anyone can do anything about it. When the death sentence was abolished, no one noticed that this section allowed a murderer convicted of multiple murders to receive the equivalent of a 25-year sentence to serve. However, I can say that the National Parole Board has been monitoring this very closely and will continue to do so to ensure that murderers guilty of multiple murders, psychopaths like Colonel Williams and serial killers like Olson and Pickton will never be released, even if this bill is not passed quickly. I cannot even imagine that.

Obviously, if Bill C-48 is not passed during this session, it will come back in the next sessions and be passed before these people can be released. They will serve 25 years. I do not think that any parole board can release any of the three individuals I just mentioned before the allotted time, which is 25 years because a life sentence is a minimum of 25 years.

Regardless of what my Conservative colleagues, including the parliamentary secretary, might think, the average life sentence served in Canada is 28 years and 7 months, not 25 years. Criminals, especially murderers, stay in prison.

In closing, I would say that this bill fills a major gap in the Criminal Code, a gap that I think deserves our attention, especially in the case of multiple murderers—psychopaths and criminals who have committed more than one murder. Obviously, they might deserve additional sentences. The Bloc will vote in favour of this bill. It will be studied in committee, and quickly we hope.

Protecting Canadians by Ending Sentence Discounts for Multiple Murders ActGovernment Orders

November 15th, 2010 / 5:25 p.m.


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Charlesbourg—Haute-Saint-Charles Québec

Conservative

Daniel Petit ConservativeParliamentary Secretary to the Minister of Justice

Mr. Speaker, I have a question for the hon. member. For a decade or so, she has been working with her colleagues, and with us to move this bill foward. We have now reached the point where this bill will soon be up for consideration.

So that it is clear, I would like her to tell us whether we are meeting the wish she has been expressing for the past 10 years or so in her riding.

At present, the sentence for multiple murders, for an individual who has killed several people, is only 25 years. With this bill, that sentence could be extended by 10 or 15 years, depending on what the judge decides.

Bill S-6 from the Senate provides for the elimination of the faint hope clause for offenders who have committed multiple crimes because the victims did not get the chance to be heard. Is the hon. member in favour of removing the faint hope clause as set out in Bill S-6?

Protecting Canadians by Ending Sentence Discounts for Multiple Murders ActGovernment Orders

November 15th, 2010 / 1:50 p.m.


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Daniel Petit Parliamentary Secretary to the Minister of Justice, CPC

Mr. Speaker, I am pleased to be able to speak in support of the important Criminal Code amendments contained in Bill C-48, Protecting Canadians by Ending Sentence Discounts for Multiple Murders Act. If passed, this bill will directly amend several provisions in the Criminal Code and will make consequential amendments to the National Defence Act.

In essence, the amendments to the Criminal Code proposed in Bill C-48 will permit a judge to increase the time that multiple murderers must serve in custody before having any chance to apply for parole. This will be accomplished by authorizing judges to impose on those who take more than one life a separate, 25-year period of parole ineligibility—one for each victim after the first—to be served consecutively to the parole ineligibility imposed for the first murder.

Before I go on to discuss Bill C-48 in more detail, I want to take a moment to thank the hon. member for Mississauga East—Cooksville for her unceasing efforts to keep this issue alive over the past decade. Beginning in the late 1990s and continuing right up to the present, she has sponsored a series of private member’s bills with the same purpose as Bill C-48, namely to ensure that multiple murderers serve consecutively the full parole ineligibility periods applicable for each murder. I applaud her for her pioneering efforts in this regard.

As honourable members are no doubt already aware, upon conviction all murderers receive a mandatory sentence of life imprisonment with the right to apply for parole after a set period of time. The period of time during which a convicted first degree murderer is barred from applying for parole is 25 years. In the case of a second degree murder, it is also 25 years if the offender has previously been convicted either of murder or of an intentional killing under the Crimes Against Humanity and War Crimes Act.

Otherwise, it is 10 years. It is important to note, however, that 10 years is a minimum, and that a sentencing judge may always raise the normal 10-year parole ineligibility period for second degree murder up to 25 years. This is authorized by section 754.4 of the Criminal Code and is based on the offender’s character, the nature and circumstances of the murder, and any recommendation to this effect made by the jury.

Nonetheless, the nub of the issue before us today is that 25 years is the maximum period during which a convicted first or second degree murderer may be prevented from applying for parole. And this is so no matter how many lives that person may have taken and no matter how much pain and suffering that person’s crimes may have inflicted on the families and loved ones of those whose lives have been so cruelly taken.

The only exception to the 25-year limit occurs through the interaction of the Criminal Code and the Corrections and Conditional Release Act. Together they mandate a new 25-year parole ineligibility period on any already-sentenced murderer who commits another murder, whether it is in the first or second degree. This new 25-year ineligibility period will be added to the parole ineligibility period that such a person is already serving. This is essentially the situation of an incarcerated murderer who commits another murder while in prison and is obviously a rare situation that does not cover the vast majority of multiple murders.

Many Canadians share my view that the current parole ineligibility period of 25 years for murder set out in Canadian law symbolically devalues the lives of multiple victims. In this regard, the current state of the law lays itself open to the charge that multiple murderers in Canada receive a volume discount for their crimes. The measures proposed in the bill before us today will change this.

These measures will allow judges to ensure that, in appropriate cases, those who take more than one life—whether they commit first or second degree murder—will serve longer periods without eligibility for parole.

As I mentioned earlier, Bill C-48 will accomplish this by authorizing judges to add separate 25-year periods of parole ineligibility to the sentence of a multiple murderer, one for each murder after the first. These extra periods of ineligibility for parole would be added to the parole ineligibility period imposed for the first murder, which, as I have already mentioned, ranges from 10 to 25 years.

As a result, those who kill more than once could well serve their entire life sentence in prison without ever becoming eligible to apply for parole. Allowing judges to impose additional parole ineligibility periods would counter any perception that multiple murderers get a sentence discount under Canadian law and thus help to restore public confidence in the criminal justice system.

In proposing these Criminal Code amendments, I am mindful of the suffering endured by the families and loved ones of murder victims. On October 5, when he introduced Bill C-48, the Minister of Justice stated outside the House that we could not bring back those who had been so callously murdered nor repair the hearts of those who had lost loved ones to murder, but we could ensure that those who commit the most serious crime of all—taking the life of another—pay a more appropriate price.

Other measures that our government has proposed, such as those contained in Bill S-6, the Serious Time for the Most Serious Crime Act, are also directly aimed at alleviating the suffering of the families and loved ones of murder victims. Bill S-6 would completely eliminate the right of future murderers to apply for faint hope after serving a mere 15 years.

It would also place severe restrictions on when and how often those with the present right may apply. In this vein, the measures proposed in Bill C-48 reinforce the measures set out in Bill S-6. They send a strong message of support for the families and loved ones of the victims of multiple murderers by recognizing the lives that have been lost.

Moreover, the measures proposed in Bill C-48 will also ensure that in those cases where a sentencing judge elects to impose consecutive periods of parole ineligibility on a multiple murderer, the families and loved ones will not have to suffer through a seemingly endless series of parole applications that in too many cases accomplish little other than to stir up painful memories.

JusticeStatements By Members

October 5th, 2010 / 2:05 p.m.


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Conservative

Nina Grewal Conservative Fleetwood—Port Kells, BC

Mr. Speaker, today the Minister of Justice announced the reintroduction of legislation to end sentence discounts for multiple murders. It would allow judges to impose consecutive parole ineligibility periods on individuals convicted of more than one first or second degree murder.

Under the current system, criminals convicted of multiple murders serve their parole ineligibility periods concurrently and are eligible to apply for parole after just 10 to 25 years.

This is just one more step in our government's efforts to restore Canadians' faith in the justice system. We are the only party to stand up for victims and law-abiding citizens in this country and which is committed to ensuring the safety and security of our communities.

We hope that the parties opposite join us in supporting this bill, as well as Bill S-6 aimed at repealing the faint hope clause, in the days to come.

Business of the HouseOral Questions

September 30th, 2010 / 3:05 p.m.


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Ottawa West—Nepean Ontario

Conservative

John Baird ConservativeLeader of the Government in the House of Commons

Mr. Speaker, I want to tell you that when the leader of the Liberal Party named the member for Ottawa South as the House leader of the Liberal Party I was asked many times, “How do you feel about this? Are you looking forward to working with him?” I said to each and every one of them that I was every bit as looking forward to working with the member for Ottawa South as I am sure he was looking forward to working with me.

In all seriousness I can report that the Liberal House leader and I are working well together. I am even working well with the Bloc House leader and with the House leader of the New Democratic Party.

We are all working hard to make Parliament work.

Today I can tell the House that we will be continuing debate on Bill C-46, the Canada-Panama free trade agreement, another key economic initiative as part of Canada's economic action plan, a plan to create jobs, build growth and opportunity for all Canadians across the country.

It is, though, with deep regret that yesterday I learned the NDP moved a six-month hoist motion on the Canada-Panama free trade agreement. As the House knows, the only purpose of moving such an amendment is to obstruct and delay the progress of important legislation.

On Friday, my good friends in the NDP moved a concurrence motion obstructing and delaying the passage of Bill C-22, protecting children from online sexual exploitation, another key part of our government's tough on crime agenda.

I say to my NDP friends, let us work together and make Parliament work. I hope we will not see any more of this.

Tomorrow, as the member opposite has said, we will be having question period and leaving early for the installation of the new Governor General in the Senate chamber.

On Monday, Tuesday and Wednesday of next week, the government will call the following bills for debate: Bill C-22, protecting children from online sexual exploitation; Bill C-21, standing up for victims of white-collar crime; Bill C-30, the response to the Supreme Court of Canada decision in R. v. Shoker; Bill C-39, ending early release for criminals and increasing offender accountability; Bill S-6, serious time for the most serious crime; and Bill S-9, tackling auto theft and property crime.

On Thursday, it is the government's intention to begin debate on the second budget bill, sustaining Canada's economic recovery act, just one more key economic action plan legislative initiative.

Canadians have told us they want us to focus on creating jobs, building growth and opportunity. They have told us that they want their government to have a robust legislative agenda, to get tough on crime, and that is exactly what we are delivering.