An Act to amend the Criminal Code (mischief relating to war memorials)

This bill is from the 41st Parliament, 2nd session, which ended in August 2015.

Sponsor

David Tilson  Conservative

Introduced as a private member’s bill.

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

This enactment amends the Criminal Code to provide for the offence of committing mischief in relation to a war memorial or cenotaph.

Similar bills

C-217 (41st Parliament, 1st session) An Act to amend the Criminal Code (mischief relating to war memorials)
C-617 (40th Parliament, 3rd session) An Act to amend the Criminal Code (mischief relating to war memorials)

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-217s:

C-217 (2021) National Freshwater Strategy Act
C-217 (2020) An Act to amend the Employment Insurance Act (illness, injury or quarantine)
C-217 (2016) Parliamentary Science Officer Act
C-217 (2010) An Act to amend the Employment Insurance Act and the Canada Labour Code (compassionate care benefits for caregivers)
C-217 (2009) An Act to amend the Employment Insurance Act and the Canada Labour Code (compassionate care benefits for caregivers)

Criminal CodePrivate Members' Business

May 28th, 2012 / 11:20 a.m.


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NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, I thank my colleague who, by introducing this bill, has made it possible for me to address such an important matter in this chamber.

However, I would first like to say that this bill is a little like many other government bills, even though it is being introduced through the back door as a private member's bill. Bill C-217 seems to be inspired by media headlines. The danger with this type of bill is that it meddles with the Criminal Code. We are supposed to be good managers of this country, good legal experts and supposedly good lawmakers. Lawmakers do not talk for the sake of talking. The danger is that by making piecemeal changes to sections of the Criminal Code, which is something that the Conservative government does on a regular basis, we are creating a monster and those who manage criminal matters every day will have a great deal of trouble working with it.

When we studied the bill in the Standing Committee on Justice, the critic at the time, my colleague from Newfoundland and Labrador, specified that we had no problem with the substance of the bill. We all recognize the importance of war memorials. We have no problem with that. Our problem was, and still is—because the amendments have not been passed yet—with the fact that the government introduces in Bill C-217 changes immediately following section 430 of the Criminal Code on mischief involving religious worship.

The section stipulates:

Every one who commits mischief in relation to property that is a building, structure or part thereof that is primarily used for religious worship, including a church, mosque, synagogue or temple, or an object associated with religious worship located in or on the grounds of such a building or structure, or a cemetery, if the commission of the mischief is motivated by bias, prejudice or hate based on religion, race, colour or national or ethnic origin,

a. is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

b. is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

It is because we raised these points that the government presented its amendment, because the maximum sentence did not make sense. The government recognized that. If we considered that the purpose of the bill was essentially to introduce minimum sentences, then the official opposition could not support this type of amendment given that, in the same section, this did not exist for the other things. Never, during the entire hearing in committee of the various witnesses, was anyone able to tell us in an intelligent or consistent manner why war memorials are more important than places of religious worship or cultural property.

It is important to be consistent. Indeed, there will be a problem when and if this goes before the courts. We do not write just for the sake of it, to return to our ridings and go to the Royal Canadian Legion—that I joined a few months ago—and say that they will be proud of us because we voted in favour of Bill C-217 and we have agreed to make things much more serious. It is important to be consistent. As legislators, we have a responsibility. If this government does not understand its role as legislator, at some point, Canadian society as a whole will pay the price. We agree that there is a problem, but it is important to be realistic. It is not something that happens every day, but there is a problem. That it would happen once, is once too often.

I would have been a little uncomfortable had I not received a letter from the president of the Royal Canadian Legion, who wrote to us, during our committee hearings, on behalf of the Royal Canadian Legion. If anyone is proud of their history—of our land, air and sea forces—and of what has been done in Canada's name throughout the world, it is the Legion.

I participate in enough activities with these people to know that they are proud and that they want to educate young people about our history. They want young people to be more familiar with what is happening now and what has happened in our history. The youth of today are quite often unfamiliar with Canada’s history. My colleague who introduced Bill C-217 stressed this when he compared our situation to that of Europe, where young people are so proud of their history. I have travelled throughout Europe and I have been to Normandy. It was one of the most wonderful trips of my life, and the most emotional. I saw all the tombstones of our Canadian soldiers, which are maintained by people who go there every day. Of course, it is a proud moment to stand before these tombstones, and one that makes you want to return.

Will slapping people with a $1,000 fine solve the problem of ignorance of history? As the president of the Royal Canadian Legion put it so well:

The punishment should fit the crime and although no incident of this nature can be condoned, there should be provision for restorative justice measures with a mandated dialogue between veterans groups and the offenders. There should be provision where offenders are encouraged to take responsibility for their actions, to repair the harm they have done, by apologizing to a group of Veterans, or with community services. It provides help for the offender to avoid future offences and provides a greater understanding of the consequences of their actions.

That is the Royal Canadian Legion's vision, which I share. There is a reason why the Criminal Code section on mischief does not provide for a minimum fine for mischief in relation to cultural property or places used for religious worship.

We feel that war memorials belong in the section on mischief. While we do not necessarily object to mentioning war memorials specifically in that section, it is important to be consistent with the rest of the section, because there is a danger. The member for Dufferin—Caledon was asked about this when he testified in committee. Anyone who has done some criminal law and gone to court knows what will happen to avoid the minimum fine. Take the example of a stupid young person who gets a good slap on the wrist from the authorities so that he understands the seriousness of what he did and is properly punished. You would have to be pretty stupid to do this sort of thing, but who did not do something stupid when they were young? Do we have to slap people with a $1,000 minimum fine to make them understand that what they did was wrong?

The best proof that this is not necessary is that these individuals rarely reoffend, which goes to show that the punishments handed down under the current legislation are successful. Something is missing, though. Students in this country need to be made aware of our history.

I will repeat what I said the first time I took part in this debate, for anyone who did not hear. In my former life, I was a radio broadcaster. One of my best radio programs was one that I had to fight for to some degree, since my program director thought my idea was completely crazy. After travelling to Europe, I said I wanted to do a special program on November 11, which I wanted to begin by observing a minute of silence. For anyone who does not know, a minute of silence on the radio is very expensive. My director asked me if I had gone mad. I told her that I thought it was worth commemorating what happened in our past and giving our listeners a little history lesson. That was my best program. It was an open-line broadcast. People called in to talk about what had happened. That is what needs to be done, rather than adding a subsection that will only complicate section 430 and confuse people, because they will no longer know which section to invoke when laying charges, in order to prevent the minimum fine from being given.

This bill is thoughtful in the sense that it comes from good intentions, but once again, this Conservative government has failed to reach the right conclusion.

Criminal CodePrivate Members' Business

May 28th, 2012 / 11:15 a.m.


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Conservative

David Tilson Conservative Dufferin—Caledon, ON

Mr. Speaker, whatever we are doing now, which is under the mischief section in the Criminal Code, is not working. The vandalism continues.

I understand the position of the official opposition and the Liberal opposition. Their position has been quite clear. They do not like maximum or minimum sentences, and that is it in a nutshell. They want restorative justice and other things. As I said in my comments, Bill C-217 does not preclude a judge making that decision. After people have been fined $1,000, they can have other things applied to their sentences. There can be restorative justice. I say that, surely to goodness, this offence is greater than minor mischief charges. These are very serious things.

Criminal CodePrivate Members' Business

May 28th, 2012 / 11:15 a.m.


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NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, I thank the member for Dufferin—Caledon because I truly understand why he has introduced this bill. This is not his first attempt.

I know that all members of the House are always appalled to hear about incidents such as those that occurred recently in Ottawa and in the hon. member's riding. However, one of the issues raised by the Standing Committee on Justice is that there is no mandatory minimum sentence for mischief in relation to objects of religious worship or cultural property. The fact that Bill C-217 establishes mandatory minimum sentences for committing mischief in relation to a war memorial seems to make this a much more serious offence. I would like the member to talk about this.

Criminal CodePrivate Members' Business

May 28th, 2012 / 11 a.m.


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Conservative

David Tilson Conservative Dufferin—Caledon, ON

moved that the bill be read the third time and passed.

Mr. Speaker, I am pleased to rise this morning on behalf of the residents of Dufferin—Caledon to speak to Bill C-217, which is my bill to protect and defend our nation's war memorials and cenotaphs.

As members will know, Bill C-217 seeks to add significant penalties to the mischief section of the Criminal Code for those convicted of mischief against our war memorials, cenotaphs and similar structures that honour those who have died as a result of war. The first offence would carry a fine of not less than $1,000. The second offence would carry a jail term of 14 days. The third and subsequent offences would carry a 30-day jail term.

All members of this House are familiar with veterans in their communities and likely with serving Canadian Forces members as well. We hold them in the highest regard for the sacrifice their service represents. Our war memorials and cenotaphs are places we set aside in our communities to honour them and especially to honour those who paid the ultimate sacrifice. We owe them a debt that can never be repaid.

Since we last debated this bill on February 2, 2012, I was pleased to appear before the Standing Committee on Justice and Human Rights as it began its examination of Bill C-217 on March 27. I had the honour of being accompanied by Mr. John Eggenberger of Nepean, Ontario, a retired air force colonel and vice-president of the Canadian Peacekeeping Veterans Association. I was also accompanied by Mr. Earl Page, a Korean War navy veteran from Woodstock, Ontario. These two gentlemen underscored the need for more stringent sanctions against those who would desecrate or vandalize our cherished cenotaphs and war memorials.

Mr. Page, in particular, made an impassioned presentation during which he recounted the events of a shocking act of vandalism that took place in Woodstock on November 10, 2009, the night before the Remembrance Day ceremonies. Residents of Woodstock arose to discover that vandals had spray-painted swastikas and offensive messages on the town cenotaph. With no time to remove the offensive graffiti, the ceremony proceeded with this heinous damage in full view.

Mr. Page commented on the disgust felt by everyone, especially the veterans attending the ceremony in Woodstock on that Remembrance Day. I will quote from Mr. Page's presentation at committee on March 27. He said:

...I wanted to express my deep disgust on behalf of all the people in Woodstock, all the veterans in Woodstock, as well as the many children there. Children were mentioned. We always have a great many children out to that cenotaph on Remembrance Day, and they all come and shake our hands. They're happy to see us. Since the desecration of our monument, the city has gone to the trouble of re-facing all the names on that monument, and it cost the city a great deal of money. I know the feelings of the veterans: if we had got hold of that guy, I don't think he would be walking around today. But he was not a child, or even a teenager—he was an adult, and he got away with it. We spent six or seven days going to court to see what was going to happen to him, and he got off with a slap on the wrist, a couple of days of community service. Terrible. I won't say much more, because I'm liable to say things I shouldn't. Thank you.

During the previous hours of debate on this bill, I have recounted many similar examples of such profound disrespect to our fallen soldiers, our veterans and our men and women serving in the Canadian Forces today. As the mischief section of the Criminal Code is currently written, war memorials and cenotaphs fall into the same category as a mailbox or parking meter when it comes to penalties. They certainly deserve better protection than that.

During the examination of Bill C-217 at committee, colleagues from the opposite side of the House made numerous references to mandatory minimum sentences, restorative justice, judicial leeway, discretion and so forth. The member for St. John's East and the member for Mount Royal, who are both very experienced and knowledgeable members, expressed opposition to the mandatory minimum sentencing provisions of Bill C-217. Both of those members and other members of the opposition were pushing for restorative justice and judicial flexibility to be written into the bill. Indeed, several hours of the committee's time was taken up with debate on their amendments in this regard. It is my contention that they missed the point.

Nothing in Bill C-217 precludes a judge from ordering some form of restorative justice, restitution or apology, or other alternate sentencing. A judge could order a guilty individual to spend time at the local Legion to perform community service or even scrub the monument with a toothbrush, for example. The judge would be as free to do as he or she sees fit on a case by case basis after the guilty individual is ordered to pay a $1,000 fine for the first offence.

Staying with the committee for a moment, I should note that an amendment put forward by the government was adopted. It would move the maximum imprisonment under indictment from five to ten years. This is a technical amendment that was brought to my attention by officials with the Department of Justice, and I thank the department for its guidance in this regard. I might point out that the opposition parties voted against the government's amendment, and they also voted against the bill itself in a recorded division at the conclusion of clause by clause. This action speaks for itself as to how seriously they view this issue.

I return to my observation that, under the current regime of the mischief section of the Criminal Code, a war memorial or cenotaph is not accorded the pride of place that we accord them in our communities.

These honoured places we know so well represent shared military heritage and its key role in defining who we are as a country. We can all recall the major milestones and some of the lesser ones in our military history: Ypres, Vimy, the Somme, Dieppe, Ortona, the liberation of the Netherlands, the Korean War, the Suez crisis, Cyprus, the Golan Heights, peacekeeping throughout the Cold War, the first Gulf War, Yugoslavia, Bosnia, Afghanistan and, more recently, Libya, to name but a few.

Those names evoke strong emotions among Canadians, and rightly so. They and so many others are part of what defines us as a country. We are a country that defines freedom and liberty to the point that we have sent and continue to send our sons and daughters to dangerous places in the world in defence of that freedom and liberty. We understand collectively as a country what this has cost us in lives sacrificed. To properly honour that sacrifice, we have erected war memorials and cenotaphs across the land, where communities gather to pay tribute to those who have fallen and those who have served.

We would repay that sacrifice and service poorly indeed if we did not do all we can to deter the senseless desecration of these honoured structures and places. My goal with Bill C-217 was to lift cenotaphs, war memorials and other similar structures above the mundane and properly recognize them in the Criminal Code as having special value, value deserving of significant sanction in the criminal law of this country if someone chooses to violate them.

I have related this story before in the House but it bears repeating as to what prompted me to introduce this legislation. In early 2008, in my community of Orangeville, Ontario, the town arranged for our local cenotaph to be sent for restoration. In late October, it was reinstalled with an appropriately solemn rededication ceremonies. Then a few days later, just days before Remembrance Day, vandals hit it with eggs. It cost the town of Orangeville more than $2,000 to repair the damage.

This was the original impetus behind the bill. As I did research on this, I found that this incident was, sadly, not isolated. Without having to dig very deeply, I found dozens of incidents over only the past few years from coast to coast of vandalism and desecration of these important monuments. In many cases, perpetrators received either a slap on the wrist or even went scot-free.

It was said during testimony at the justice committee that we should take into account youthful indiscretion or the lack of education as to the significance of our military history when considering cases of vandalism of this kind. I could not more vehemently disagree. I think of the tens of thousands of Canadian youth who lay in war graves in Europe, North Africa, the Pacific and elsewhere. There is no youthful indiscretion there.

Part of educating those who remain ignorant of the value of our war memorials and cenotaphs includes making it clear in our criminal law what the consequences are for dishonouring them.

The severity of the penalty gives Canadians an indication as to how seriously we as a society and we as parliamentarians view this associated crime. To suggest that vandalism against a war memorial or cenotaph is done on a lark or a whim and should be treated less harshly is frankly offensive to the memories of those we honour with our monuments.

Members will know we just celebrated the 95th anniversary of the battle of Vimy Ridge. Many consider this to be Canada's coming of age, as all four components of the Canadian expeditionary forces fought together as a single unit for the first time. Great odds were overcome at a great cost of life, far out of proportion to our size as a nation. It is a key defining moment in our history as a nation. The Governor General recently led a delegation of thousands of Canadian students to the monument in Vimy to commemorate this important milestone. As well, during 2012 we are celebrating the bicentennial of the war of 1812. Canadians can be justifiably proud of our role in that conflict, another pivotal moment in our history. Throughout this year, many will be paying tribute at our local cenotaphs and war memorials. In two years' time we will commemorate 100 years since the outbreak of World War I, which cost our country immeasurably.

All this is to say that Canada has a proud military history. We have never sought a war, but we have always come to the defence of democracy and freedom when called upon to do so. We have always recognized the bravery and sacrifice of the best among us through our memorials and cenotaphs in the ceremonies we hold there.

Most members know someone who has fought or served at some point in our great country: a father, a brother, a grandfather, an uncle, an aunt, a sister, a mother or a friend. We appreciate these men and women for their dedication and courage and the sacrifice they have shown for Canada. Their willingness to fight abroad for our freedom here at home is an inspiration. The memorials in our communities are dedicated to these people, and none of us wants to see them damaged or defiled. The increased penalties called for in Bill C-217 will make potential vandals think twice before acting against a memorial that holds such significant meaning for this community.

Canadian Forces members continue to serve in Afghanistan, engaged in training the Afghan security forces. Just last summer combat operations ceased and the bulk of our combat troops returned home to a grateful nation. Over the course of 10 years of combat operation, Canada's longest-ever combat mission, we lost 157 brave men and women. As a result, our cenotaphs and war memorials have taken on new significance and value, especially in those communities that lost one of their own. Protecting them from vandalism is more important now than ever.

As members of Parliament, we serve our democracy in a very direct way. It was to protect that democracy and the freedoms that go with it that so many brave Canadians signed up and continue to enlist in the Canadian Forces. Too many of those Canadians did not make it home, and so we have places of honour and great respect in our communities to recognize their sacrifice. We would repay them poorly if we did not do absolutely all we can to discourage people from dishonouring those hallowed places.

Those of us who enjoy the hard-won freedoms that are part of modern Canada owe it to those who have paid in blood and life to keep these honoured spaces free from harm or dishonour. As citizens and residents of this great country, we have a duty to protect and preserve our memorials and cenotaphs in memory of those who have fallen.

To conclude, I would like to thank all the members of the Standing Committee on Justice and Human Rights for their work on Bill C-217. They gave it thoughtful consideration. While I did not agree with everything that was said, I nevertheless want to acknowledge their work. In particular, I want to thank both the chairman, the member for Oxford, and the Parliamentary Secretary to the Minister of Justice, the member for Delta—Richmond East for their stewardship of Bill C-217 through the committee process.

Canada's long and proud tradition of standing up for freedom and democracy and defending our values is one of the things that make us the greatest in the world. I believe the passage of Bill C-217 is necessary to ensure that those who would damage our honoured places think twice before they act. I would therefore urge all hon. members to support Bill C-217.

The House proceeded to the consideration of Bill C-217, An Act to amend the Criminal Code (mischief relating to war memorials), as reported (with amendment) from the committee.

Justice and Human RightsCommittees of the HouseRoutine Proceedings

April 4th, 2012 / 3:20 p.m.


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Conservative

Dave MacKenzie Conservative Oxford, ON

Mr. Speaker, I have the honour to present, in both official languages, the ninth report of the Standing Committee on Justice and Human Rights in relation to Bill C-217, an act to amend the Criminal Code (mischief relating to war memorials).

The committee has studied the bill and has decided to report the bill back to the House with an amendment.

Criminal CodePrivate Members' Business

February 2nd, 2012 / 5:50 p.m.


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Conservative

David Tilson Conservative Dufferin—Caledon, ON

Madam Speaker, I would first like to thank all members who participated in the debate on this bill, which recognizes the importance of honouring and respecting the memory of our country's brave men and women of the Canadian Forces.

Bill C-217 seeks to amend the Criminal Code by adding significant penalties for any person convicted of mischief against a war memorial, cenotaph or other structure honouring or remembering those who have served in our Canadian Forces and those who have died as a consequence of war. The bill seeks to impose a minimum penalty of a fine not less than $1,000 for a first offence, prison not less than 14 days for a second offence and prison not less than 30 days for all subsequent offences. These minimum sentences are not overly harsh. Instead, they are necessary to put an end to such disrespectful acts against those who died for our country.

A great number of examples of such heinous acts have already been presented to the House, bringing light to a growing yet hidden problem. Such examples of insolence cannot go unpunished. An apology or a small donation is not enough. These vandals must know what they have done is completely unacceptable and Canadians will not tolerate this disrespectful attitude.

When I first addressed the House on the bill on November 3, 2011, I cited many examples of desecrated war memorials and cenotaphs. Therefore, it saddens me to bring forward new examples today, one of which was just referred to by my colleague. However, it underscores the seriousness of the problem and the need for concrete action by the House.

Days before this past Remembrance Day, a war memorial in Calgary had graffiti painted on it. Concerned citizens and veterans alike expressed their outrage and disgust, voicing feelings of disrespect and lack of acknowledgement for the sacrifice of Canada's fallen.

Then, as my colleague has just said, in November of 2011, just hours after Malvern Collegiate in Toronto rededicated its war memorial to soldiers who had attended the school and following a $44,000 restoration, the monument was vandalized. The monument was wrapped in blue duct tape and three letters were knocked off it in what the school described as a planned and deliberate act of vandalism. The vandals then remained at the site and they chatted and took pictures before they left the site. All of this was caught on tape and, as expected, they failed to display any signs of remorse or regret. The damage will now cost the school nearly $2,000, all of which will have to be community funded. The school principal explained that in her eight years at the school, the memorial has been defaced, painted, dressed in rival school clothing, all acts of vandalism and disrespect.

The 200th anniversary of the War of 1812 is quickly approaching, as well as the 100th anniversary of the beginning of World War I. With the upcoming anniversaries of two historical events, it is of utmost importance that such amendments be put in place to protect the dignity and respect of those being honoured and remembered.

Bill C-217 would remind Canadians that the sacrifices of soldiers will never be forgotten or unappreciated. Canada will continue to honour its fallen through the protection of such important structures and will punish those who disrespect them.

The opposition has provided examples where vandals have expressed regret and disgust with their own acts of dishonour and now devote their time to protecting these sacred memorials. The opposition unfortunately sees this as an example of why minimum punishments should not be added to the Criminal Code. However, these vandals, although remorseful, committed a form of disrespect so great that new-found regret does not compensate for the immense and unforgettable damage done to the memorial and the community where it stands. The opposition has suggested rehabilitation as an appropriate response to those who committed these horrific acts.

Bill C-217 is not opposed to such a response, but seeks punishment first for those who displayed such great disrespect for war memorials and cenotaphs to ensure they recognize the gravity of their deplorable acts. Such amendments to the Criminal Code force potential vandals to also think twice before they act, due to the knowledge and fear of the criminal sanctions to come for their actions, rather than responding with rehabilitative efforts after the irreversible damage has been done to a memorial and its community.

Bill C-217 sends a clear message that vandalism and desecration of any Canadian cenotaph or war memorial will not be tolerated. We owe it all to the men and women who have fought and continue to fight in the Canadian Forces of our great country.

Criminal CodePrivate Members' Business

February 2nd, 2012 / 5:35 p.m.


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NDP

Matthew Kellway NDP Beaches—East York, ON

Madam Speaker, I am rising today to speak in opposition to Bill C-217. I do so somewhat reluctantly. I have come to know the member who sponsored this bill in his capacity as chair of the citizenship and immigration committee on which I sit. I can say half jokingly that he treats us all with a kind of even-handed impatience. I know that his intentions in putting forward this bill are no doubt noble and stem from a profound respect for the veterans of this country. I also say “reluctantly” because I share that profound respect for our veterans.

I have had the opportunity and privilege to tell the House before that I am the son of a World War II veteran, and the grandson of a veteran who was very seriously injured in the First World War but survived and went on to have a career as a diplomat on behalf of his home country, Australia. My father had the privilege of growing up the son of a diplomat in New York City. When he turned 18, he had a choice to make. He was free to join the forces and fight in the Second World War. That was a choice that he made. I realize it is a choice that hundreds of thousands of young men and women make and I want to be clear how much respect I have for the choice that all of those folks make.

Lastly, in terms of my reluctance to oppose this bill, I want to talk about the importance of war memorials. There is no question that they serve and should serve as important symbols in our public life. They are not symbols that celebrate war but in fact mark the terrible tragedies which occur in war. One hopes that in building war memorials as well as assembling before them that the tragedy of war is felt deeply by so many. I think that in our society war memorials can really serve as markers on the road to peace. I hope that is the service they provide to society. For that reason, I feel they need to be protected.

However, running through this private member's bill and frankly so much of the government's legislation is a common thread. There is a tendency to respond with intolerance, never with the humility that recognizes the very human tendency for all of us to err, and never in a fashion that recognizes the real human capacity that most of us have to redeem ourselves if given the opportunity.

It seems that all transgressions under government and private members' bills coming from the other side seem to end with someone getting incarcerated, as if incarceration is a redeeming and ennobling exercise.

I want to tell a story that demonstrates why this approach to the bill is wrong-headed. It is a story that spans a great many years, but I will shorten it for the House. It is centred in my riding of Beaches--East York. At the centre of the story is the Malvern Collegiate War Memorial, a war memorial I have spoken about here before. It was built in 1922 to honour the sacrifice of the 25 “Boys of Malvern”, all graduates of that high school who fought and died in World War I.

About 25 years ago, the memorial was moved to accommodate some renovations to the school and in that process it lost an arm. It stayed that way for a long time. In its centennial year, the school's alumni association decided to restore the monument to its former glory. It took about seven years of hard work and considerable fundraising and the memorial was beautifully restored November 4 of last year. I attended the rededication of the memorial and spoke on behalf of the Minister of Veterans Affairs because that ministry had provided some funds for the restoration. There were about 400 people in attendance at that rededication. It was very much a well-attended event in my riding. The war memorial itself had a lot of national media coverage. It was something of a celebrated war memorial.

It was at that event that I met a woman, Dr. Vandra Masemann. She was there to speak at the rededication as both the president of the school's alumni association and also as the chair of the war memorial restoration committee. It was a very proud day for a large number of people involved in this restoration process. The national media turned out, as did many local and regional media outlets as well.

It was a wonderful day, a very proud day for so many people. However, within 36 hours the memorial had been vandalized. The video evidence showed four young men getting out of a car in the dark of night, climbing the monument and wrapping it in blue duct tape. In the process they caused a couple thousand dollars' worth of damage to the memorial. The national media returned to the scene to cover the event and the outrage of so many people who lived in the neighbourhood and contributed financially and with their hard work to the restoration project.

I met Vandra a couple of weeks later. We were sitting on the stage beside each other at the high school's graduation ceremony. During the ceremony she leaned over to me and said, “I want you to know that I oppose that bill.” She was referring to Bill C-217. I followed up with her after the ceremony. She asked me for a bit of time to put her thoughts into writing for me about why she opposed the bill, having put so much work into the restoration and being so proud of what she had accomplished.

Vandra's characterization of the vandalism was very clear and concise. She said that this was indeed a desecration of the war memorial. In spite of this, she had a very firm opinion in opposition to this bill. I want to quote her at length. She wrote to me:

I ponder on who are going to be the ones that do these things--young males around 18-24. These boys are the same as the Boys of Malvern who died and who are remembered on that monument. We cannot rescue those boys who died, but we can rescue the ones who have done such a foolish and stupid thing as to vandalize a war memorial.

We need to be much more creative about the kind of consequence that will teach them the awful significance of what they have done. Giving them a criminal record and letting them learn nothing from the experience is of no redemptive significance whatsoever. It is imperative that they understand the nature of the act they have committed, and surely their cell-mates will not be able to do this. I am in favour of a fine proportional to the cost of repairs as well as an educational experience that ensures they will never even dream of committing such an act again. It could be community service with a veterans' group or hospital, with the War Amps program or with projects that aim to gather the memories of the soldiers that are still living. It needs to be concluded with a public apology and an expression of atonement for having committed such a crime. Surely our lawmakers can come up with more imaginative solutions than 2-4 weeks in jail. Lastly, several of those who have commented have noted that this act could also be construed as a “prank”. Many may disagree with this assessment, but a jail term will not convince the perpetrators that it wasn't. Only a serious attempt at re-education will show them the error of their ways.

If members tend to think that this is all wrong-minded, let me bring Reverend Jim McKnight into this story. Reverend Jim saw the news about the desecration of the Malvern War Memorial. He is an alumnus of Malvern and came forward to admit publicly that 43 years earlier he, along with a couple of other buddies who have remained nameless, desecrated the very same monument with a can of white paint.

In 1968 Reverend Jim was a top student, editor of the school newspaper and president of the United Way committee. That night he was, in his words, as quoted in the Toronto Star, “giving society the finger.” The school's principal caught him but the police were never called in. Reverend Jim's punishment was a lifetime of regret. As he put it:

I didn't think it was a big deal; I thought it was just some statue till I saw the newspaper....I remember the words, 'Memorial desecrated'. Something about 'desecrated' threw me for a loop. Then, an older math teacher pulled me aside. He was visibly shaken. His big brother had been killed;...his name was on the memorial. That really got my attention.

Reverend Jim never spent time in jail, never even paid a fine. It was the math teacher, who was a fellow Malvern alumnus who spoke of being in Malvern in the 1940s, of empty desks, of friends being killed overseas. These are the experiences that helped a kid who gave society the finger one night appreciate the courage and sacrifice of our veterans. That is all it takes, a little life experience, a little education, a couple of conversations, to accomplish what this bill seeks to accomplish with fines and incarceration.

Criminal CodePrivate Members' Business

February 2nd, 2012 / 5:25 p.m.


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NDP

Randall Garrison NDP Esquimalt—Juan de Fuca, BC

Mr. Speaker, I welcome the opportunity to speak to Bill C-217, which deals with the important issue of mischief related to war memorials. I thank the member for Dufferin--Caledon for turning our attention to this important problem.

This is a topic with which I am personally familiar, as there are a large number of war memorials in my riding of Esquimalt—Juan de Fuca. The most significant of those is the cenotaph in Memorial Park in Esquimalt. This memorial was unveiled in 1927 to honour the dead from the Great War of 1914-1918. Over time plaques have been added on to this memorial. It now also honours the dead of World War II, Korea and those who died in peacekeeping missions. With its central position in our town, right next to a major bus stop and bus route, it is unfortunately often the target of graffiti. I would argue that has almost always, if not always, been out of ignorance rather than a specific targeting. It is simply a large surface for taggers and is very close to high traffic areas.

As a former city councillor, I am very familiar with the costs of these incidents. The municipality maintains this memorial and pays the cleanup costs for the graffiti that regularly appears there. However, I am also very aware of the cost in terms of the indignity to the veterans and the hurt it causes in Esquimalt, which is very much a military community.

One of the most serious incidents occurred on a Sunday in July of 2008, when a vigilant citizen actually noticed suspicious activity in Memorial Park at about 10:30 p.m. This citizen called the police and a 14 year-old youth was apprehended and released on a promise to appear in court on a charge of mischief. On Monday morning a group of community volunteers, known as ETAG, Esquimalt Together Against Graffiti, was out cleaning the graffiti off that memorial. This volunteer group strives very hard to ensure the prompt removal of graffiti from all public and private property, to take away the thrill that taggers get from seeing their tag in existence in the community. ETAG is very effective. It is a very large group of very hard-working volunteers. Long term chair, Peter Justo, who just retired as chair of that group, and Emmy Labonte and others are out within 24 hours removing graffiti.

They were working on a very large amount of graffiti on this very important war memorial. In fact, not only did the volunteers against graffiti step up, the president of the Esquimalt Legion, Mr. Ken Levine, stepped forward. He called for what he characterized as appropriate punishment for the youth. He did not call for jailing the youth. I think members opposite will be interested in what he thought was the proper solution. He said that the youth ought to have to come to the legion on a regular basis, meet with veterans and hear their stories of sacrifice on his behalf. He felt that when the youth had that re-education, he would then be very much committed to talking to other youth who were taggers to try to avoid tagging the war memorials.

This is the president of my local legion who took a very progressive stance. Again, when we think of a 14 year-old youth, what probably is most awful about that is regularly scheduling his time to meet with old people and listen to them. It would not be as if the youth would feel he was getting off lightly.

Very interestingly, the two police officers involved also publicly called for using this form of restorative justice for this youth rather than see him face a term in some youth custody facility, perhaps putting him in touch with other youth that might lead him further astray, when really the problem was an isolated incident of tagging, with no intention of insulting veterans.

The president of the legion identified the real problem, and that is the failure of youth to understand the great sacrifices that have been made on their behalf by members of the Canadian forces. I believe, in calling for restorative justice, he identified the real solution to this kind of problem.

Some three months after Remembrance Day, it is a good time for all of us to reflect on what more we can do to help build that public education and public consciousness of the sacrifices members of the military have made. I am sure all hon. members attended Remembrance Day events, as I did. One of the most encouraging things I have seen in the past five years is the increasing numbers of youth who show up at those Remembrance Day ceremonies, and not just those who are in cadets, or scouts, or other programs, but simply youth in the crowd paying respect for what has happened in the past.

We are making progress in raising that consciousness of the great contribution the Canadian military makes, but we can do more to try to make it part of our common culture as Canadians to have this respect on an everyday basis and not just on Remembrance Day.

There are many other ways this could be done and I want to single out a grant by Heritage Canada to the Museum of Strathroy-Caradoc. Why would I know about a grant to a museum in Ontario? It created a travelling exhibition on the life Sir Arthur Currie, one of our great generals, who was born in Strathroy but started his military career with the militia in Victoria. This exhibition has been travelling around Canada, with the support of Heritage Canada, trying to make Canadians aware of one of our great heroes, a person not without controversy but a person who made an enormous contribution during the Great War.

We can also promote the work of authors like Tim Cook, a prominent military historian, whose book called The Madman and the Butcher, which I just finished reading, chronicles the unfortunate conflict between the war minister Sam Hughes and the brilliant general Sir Arthur Currie. The more Canadians know our history and the great things that have happened in the past, the fewer problems we will have with the kinds of things addressed in the bill.

We can also go beyond symbolism and support policies that really show respect for our 728,000 or more veterans. We can support policies that would help end the shame of veterans at food banks, in particular the food bank in Calgary which had to be set up to address the needs of 200 veterans and their families. We can support the efforts to end the shame of homeless veterans in our country. It is very difficult to get a number since most veterans do not wish for people to know that they are homeless. They do not wish their families or friends to know. We can support programs that address the suicide rate for veterans, which is quite shockingly high in our country, some 46% higher than other Canadians.

One very important action the government could take is to fully implement the NDP's veterans first motion, which passed in the House in 2006. This would mean doing several things.

It would mean eliminating the unfair reduction in long-term disability payments for injured Canadian Forces personnel and eliminating the clawback of retirement pensions for Canadian Forces and RCMP members who happen to also receive CPP benefits. It would mean eliminating the marriage after 60 rule that prevents spouses from receiving pension and health benefits after the deaths of their veteran spouses if they happen to marry after the age of 60. It would also mean extending the veterans independence program to all widows and veterans so veterans could stay in their homes, take care of themselves and not become a burden on the public, which is something I know all veterans wish to avoid.

Once again, I want to thank the member for bringing our attention to this problem. I know all members share a concern about mischief related to war memorials. However, I am not sure that the government penchant for thinking everything can be solved with a jail term is the right solution to the problem, and that is the solution proposed in the bill.

The solutions lie in restorative justice. They lie in making the perpetrators of these acts of vandalism aware of the harm they cause both the specific people honoured in those memorials and their families and to the larger community. They lie in public education about our military history and the important contribution the Canadian Forces have made, not just in defending Canada but as a part of international peacekeeping missions around the world.

In my career I happened to have the distinct privilege of being in East Timor when the Canadian Forces were there and saw the great work they were doing in rebuilding houses in a country that had been destroyed through civil conflict. I also had the privilege of serving in Afghanistan as an international human rights observer and again was able to see the Canadian Forces in the field attempting to do very positive, difficult and dangerous work there. The more the public and young people know about these kinds of contributions, the fewer problems we will have.

I also think, as I said, that the solution lies in demonstrating respect for veterans in a concrete way by governments all across the country to ensure we do not end up with veterans, who have served their country well, living in poverty, having to go to food banks and ending up homeless on our streets.

I call on the members on the other side to think very seriously about the solutions they propose when the bill gets to committee and to think about changing the solution that is in this bill to something that reflects the need for restorative justice, public education, fairness and fair treatment of our veterans rather than seeking jail sentences as a solution to this problem. I look forward to further discussion of the bill.

Criminal CodePrivate Members' Business

February 2nd, 2012 / 5:15 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, it is a pleasure to add a few words in regard to Bill C-217.

It is a bill that we can support in principle in terms of having it go to committee. The Liberal Party critic did get the opportunity to address the bill and we do have some concerns. The member made reference to some of the concerns that would be there. At the end of the day we want to ensure that, if something does happen to one of these war memorial sites, we do not end up sentencing someone to 25 years behind bars. I think it needs to be reasonable. I am not implying that is what this bill is suggesting, but I am sure members can appreciate that sometimes the Conservatives do tend to overreact on some of these minimum sentences.

I will now spend a few minutes talking about the principle of the bill. It is something worthy of supporting. I had the opportunity to serve in the Canadian Forces and met with a good number of individuals who actually fought or participated in war. Especially around the month of November, when I was in the forces, we would participate in parades, go to the legions and hear all sorts of interesting and some very scary stories that were being raised at the time. This gave me a better appreciation of the situation.

For me, that is the reason I believe it is so important that we not only have debate inside the House but that there is an educational component going out to other parts of our communities, such as schools and community centres, educating people in terms of exactly why it is that we have war memorials and the sacrifices made.

I can recall having a discussion a number of years ago with one individual who had been captured and held as a prisoner of war. As a POW, he talked about the starvation that was endured and the types of inhuman treatments that were there would surprise most. To have been able to have someone share that directly, not through a third party, with myself was fairly compelling. It gave me a very real impression.

I have had people talk to me about others not far from them falling in their place after being shot. Again, being able to hear those types of stories expressed on a one-on-one, not through a third party, has a fairly compelling impact on individuals as they try to get a better understanding of what it means to serve one's country.

I served for just over three years, which was not a great length of time, but I can say that it was a memorable time. I appreciate both those who have served in the past and those who are serving today in our forces. Afghanistan and other places throughout the world have had our military forces provide security and support in different ways. Members of our forces have sadly lost their lives providing that service.

That is why when I had the opportunity to be able to share a few words on this, I thought it would be nice just to be able to highlight that.

One incident that was quite touching for myself was inside the Manitoba legislature. We had an opportunity to have some of the war vets on the floor of the chamber and around the back. For me, I had a back row seat. From where I stood and spoke, I could reach out and touch the knee of a WW II vet.

It is because of those efforts that we are in these places today, whether it is in our national institution of the House of Commons, or in the provincial legislatures across Canada. It was a very important symbolic message and it generated a lot of attention in our province.

There are many different ways in which that is done. Sergeant Prince is a wonderful mentor for many people who live in Winnipeg's north end. There is a beautiful mural that has been put in place to honour the sergeant because of his efforts in the war. It is great to see. I especially like the murals for the simple reason they send a very strong message to people walking or driving by. This mural is in the heart of Winnipeg North. A great number of young people are influenced when they see the mural of Sergeant Prince and the efforts he made. It gives a sense of pride.

Whether it is a wall mural or the many decorations in legions, these all send very strong, positive messages. The National War Memorial, which hundreds of thousands of people visit every year, and on special days, gets a great deal of attention. The unnamed soldier is buried there. We take a great deal of pride in these memorials, as we should. A vast majority of Canadians appreciate the efforts that our forces have played in the past and in the modern era. We have all attended legion events or marches.

Last November, I was at the McGregor Armoury, where I witnessed first-hand tributes to those who had fallen in war. It is through this that we never forget. It is important that we go through these times of reflection and we would like to encourage citizens as a whole to participate.

When we look at this bill, it is hard to imagine and why some individuals would think about defacing or causing any form of damage to murals or monuments. It is hard to understand why someone would do such a thing.

I was a chair of a youth justice committee for a while. Sometimes young people do things which are silly and stupid and they do not really realize the consequences. I am not talking about the 10% who cause a lot of issues in terms of public safety. It could be anyone's son or daughter who does something and then a deal of remorse follows. Those youth did not necessarily mean to be disrespectful.

There has to be a balance. That is what we are looking for in Bill C-217. We want a bill that is balanced, that respects our memorials. At the same time, we want to appreciate the Canadian Forces and all those who have sacrificed their lives and much more.

We do not have a problem with Bill C-217 going to committee.

Criminal CodePrivate Members' Business

February 2nd, 2012 / 5:15 p.m.


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Delta—Richmond East B.C.

Conservative

Kerry-Lynne Findlay ConservativeParliamentary Secretary to the Minister of Justice

Mr. Speaker, when I last rose on Bill C-217, I stated that my colleagues opposite suggested imprisonment would be automatic, and that is not correct.

The proposed mandatory minimum penalties are graduated and, in my view, appropriate. People convicted of this offence should have no illusions as to the minimum punishment that will be meted out to them. One can only hope that these mandatory minimum sentences will be a further deterrent to the senseless acts of vandalism that are so difficult to comprehend.

I would like, however, to echo the hon. member for Dufferin—Caledon with regard to a possible amendment to the bill. I am concerned that as drafted this legislation would provide for a lesser maximum sentence where prosecuted by indictment than for other mischief offences.

I for one would certainly support an amendment, were it brought forward, that would increase the maximum penalty from five years to ten years in order to ensure consistency in terms of the maximum sentence that could be imposed where the Crown proceeds by way of indictment.

I support the objectives of the bill, denouncing conduct which shows disrespect to fallen Canadian servicemen and women. One only need think of the repatriation ceremonies we have witnessed to condemn this criminal behaviour as requiring special review.

I invite all members of the House to support our veterans and support this legislation.

The House resumed from November 3, 2011, consideration of the motion that Bill C-217, An Act to amend the Criminal Code (mischief relating to war memorials), be read the second time and referred to a committee.

Cenotaphs and MonumentsStatements By Members

December 1st, 2011 / 2:10 p.m.


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Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

Mr. Speaker, across the country, our cenotaphs and monuments serve to remind Canadians of the sacrifices made so that we might live free.

I was saddened to hear news reports that a cenotaph in Regina was spray painted with graffiti. When individuals deface war memorials they dishonour the men and women who have bravely served this country and those who wear the Canadian uniform with pride today.

I am pleased that the Minister of Veteran Affairs announced that the government will be supporting Bill C-217, which would make it an offence to commit mischief in relation to a war monument. While it is unfortunate that such a bill is necessary, we have an obligation as a nation to respect and protect these monuments and to honour the sacrifices that they symbolize.

I thank the member for Dufferin--Caledon for bringing forward this legislation. I hope the individuals responsible for the vandalism to the cenotaph in Regina are found and held responsible.

Criminal CodePrivate Members' Business

November 3rd, 2011 / 7:20 p.m.


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Delta—Richmond East B.C.

Conservative

Kerry-Lynne Findlay ConservativeParliamentary Secretary to the Minister of Justice

Mr. Speaker, how privileged we are to live in Canada. Canada is free from the turmoil and strife that we see in so many other parts of the world. Many new Canadians have come to Canada to escape war. Surely they appreciate the freedom and security which we should never take for granted.

Soon it will once again be Remembrance Day, November 11, notably this year, the 11th day of the 11th month of the 11th year of this century. Canadians have a moral duty to acknowledge the courage and sacrifice of those Canadians who placed themselves in harm's way, stood against oppression, and gave their all in the defence of freedom, justice and peace not just for Canada, but for people in foreign lands as well.

Most Canadians are conscious of the great debt we owe to those who contributed so much to preserving Canadian values, like the rule of law and equality. They wear the red poppy as I do this evening with solemn pride.

This is why I am at a loss to understand why there are some people who commit what can only be called despicable acts of vandalism against those memorials that have been erected to honour their sacrifice. I certainly support education, as the member opposite has suggested, but this really is a more straightforward matter.

As an example, in 2006, vandals ripped the cross from the cenotaph at Branch 547 of the Royal Canadian Legion in Belle Ewart, a small hamlet south of Barrie on Lake Simcoe. When we hear of acts of vandalism committed against a war memorial, I think many of us react with a mixture of sadness and outrage.

I would not want anyone to think that this problem is unique to Canada. Unfortunately, I recently have learned that scores of memorials to Britain's brave war dead have been desecrated by callous looters and vandals in the United Kingdom. The contempt for Britain's heroes was highlighted last week when a four foot bronze statue of a Second World War soldier was stolen from the garrison town of Tidworth in Wiltshire.

Brass statues and plaques bearing the names of the fallen are being ripped from their fittings and melted down so they can be sold for scrap. These plaques are often the last personal link with some of the fallen. If they are lost and their names forgotten, then it dilutes everything Remembrance Day stands for.

In the U.K., soaring prices for metals like copper, which has seen a threefold increase in value since 2009, has led to railway lines, phone lines, as well as war memorials and statues being targeted by metal thieves. These are deliberate acts.

In fact, I understand that at least three treasured monuments are looted, vandalized or in fact destroyed every week. This has left communities across the United Kingdom outraged, and rightly so, at the appalling insult to the heroes of two world wars. There are also growing calls for tighter laws to halt the plunder of memorials and tougher sentences for those who wilfully desecrate them in that part of the world.

I would like to invite all hon. members to consider how the families of Canadian service personnel, men and women, must feel when they witness or hear of similar acts of desecration being committed in Canada.

One hopes that all of our institutions, including schools, continue to instil proper appreciation of the role the Canadian Forces have played and are continuing to play in preserving our way of life.

It is my fervent hope that Bill C-217, once enacted, will help deter those who might engage in such outrageous conduct in the future.

I agree with my colleague, the hon. member for Dufferin—Caledon, that it is important to distinguish mischief against a war memorial, cenotaph or other such structure intended to honour or remember those who have died as a result of war from mischief to other types of property. War memorials deserve special recognition.

Bill C-217 provides that where a person has been found guilty of an offence punishable on summary conviction, that person is liable to imprisonment for a term not exceeding 18 months.

Furthermore, Bill C-217 proposes that where a person has been found guilty of the indictable offence of mischief committed in relation to a war memorial or cenotaph, that person would be liable to imprisonment for a term not exceeding five years.

Bill C-217 also provides for mandatory minimum sentences that would be the same whether the Crown proceeds by indictment or by way of summary conviction. That is a very important point.

My colleagues opposite made it sound as though imprisonment would be the automatic minimum sentence in these situations. That is not correct. A first offence would entail a minimum $1,000 fine, no imprisonment. However, for a second offence, the offender would be liable to 14 days' imprisonment. For a third or subsequent offence, if this has happened by the same accused three times, the offender would face a minimum of 30 days' imprisonment.

Criminal CodePrivate Members' Business

November 3rd, 2011 / 7:05 p.m.


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Mississauga—Brampton South Ontario

Conservative

Eve Adams ConservativeParliamentary Secretary to the Minister of Veterans Affairs

Mr. Speaker, I am pleased to support Bill C-217, which was introduced in the House by the hon. member for Dufferin—Caledon on June 15 of this year. When the hon. member introduced the bill, he said that he did so in an effort to add significant penalties for anyone convicted of mischief against a war memorial, cenotaph, or other structure intended to honour or remember those who had died as a result of war.

Anyone who intentionally damages or defiles a war memorial should face severe consequences. Respect for those who have given the ultimate sacrifice so that we may live in peace is the responsibility of every Canadian. We owe it to our men and women in uniform to protect these revered memorials. I suspect that many Canadians would share these sentiments.

While some Canadians may question why Parliament should create this new Criminal Code offence when the code already contains similar provisions dealing with mischief against property generally, I commend the hon. member's effort to create a new offence specifically relating to war memorials and cenotaphs.

Through my remarks today, I intend to explain why the creation of the new criminal offence that distinguishes war memorials and similar structures from other property is justified and should be supported by all members of the House.

War memorials have an especially important place in Canadian society. Their desecration disrespects the memory of Canadians who gave the ultimate sacrifice for freedom and disrespects Canadians who continue to serve our country today.

As members may know, the National War Memorial here in Ottawa was unveiled in 1939 by King George VI on the eve of the second world war to symbolize the response of Canadians in the first world war that ended on November 11, 1918. Of course, it has since come to commemorate the sacrifice of all Canadians who have served in times of war.

Under the Criminal Code, a person commits mischief who: wilfully destroys or damages property; renders property dangerous, useless, inoperable, or ineffective; obstructs, interrupts, or interferes with the lawful use, enjoyment or operation of property; or obstructs, interrupts, or interferes with any person in the lawful use, enjoyment, or operation of property.

Where a property that is the object of the mischief has a value greater than $5,000, the Criminal Code provides that where the Crown proceeds by indictment, the maximum penalty is 10 years imprisonment, and where the Crown elects to proceed by way of summary conviction, the maximum penalty is six months imprisonment. There is no mandatory minimum penalty for mischief.

Bill C-217 proposes the creation of a new hybrid Criminal Code offence of mischief committed in relation to property that is a building, structure, or part thereof, that primarily serves as a monument to honour persons who were killed or died as a consequence of war, including a war memorial or a cenotaph. The bill further proposes that this new offence would be punishable by a maximum of 18 months imprisonment on summary conviction and five years imprisonment when prosecuted by indictment.

Members will note that the bill also proposes the creation of mandatory minimum penalties. There would be a $1,000 fine for a first offence that would be the same whether the Crown proceeds by indictment or by way of summary conviction. I think this perhaps addresses some of the concerns that we have heard from the opposition.

This $1,000 minimum offence in real terms would be about 100 hours of work at the current minimum wage in Ontario. I do not think it is unreasonable if someone has desecrated a war memorial to ask them to go and work for 100 hours in as much as we do ask them to go out and provide volunteer community services. In addition to that, if a judge wanted to ask the perpetrator to go out and speak to Legions, I think that would be eminently reasonable.

What we are debating today, and which I fully support, is the fact that we would separately and uniquely honour our war memorials and cenotaphs.

On a second offence, there would be a minimum of 14 days of imprisonment and 30 days imprisonment for a third or subsequent offence. These mandatory minimum penalties are similar to some that already exist in the Criminal Code.

For example, section 255 of the Criminal Code also provides for mandatory minimum penalties that would be the same whether the Crown proceeds by indictment or by way of summary conviction. Under that provision the offender is liable to a $1,000 fine for a first offence, 30 days imprisonment for a second offence, and 120 days imprisonment for a third and subsequent offence.

In preparing for today's debate, I had a quick look at some incidents that could come within the scope of this new legislation. Members will be aware that there have been a number of high-profile incidents involving the desecration of monuments and war memorials in the recent past. While these incidents are relatively rare, they have nevertheless been very disturbing to Canadians.

A war memorial in Coniston, Ontario, has been the target of vandals a number of times over the years. The memorial originally consisted of five walls. There was a wall for the navy, one for the merchant navy, one for the army, one for the air force and one for the RCMP. At one point the monument had 11 flagpoles; only six remain now, and these too have been vandalized. The tops have been broken off and the flags have been stolen. Vandals also tore plaques off the central wall and knocked down the navy's wall. Two plane propellors that stand guard by the air force wall of the memorial had previously been spray painted.

At one point the Legion had a helmet and a gun from the world wars in a shatterproof glass display case at the memorial, yet vandals damaged the case so badly that the items had to be given away to another legion that could safely display them. A stainless steel sword dating back to the 1940s had also been stolen from a nearby cenotaph.

As a result of the most recent incident, the monument now needs to be completely replaced because of the amount of destruction, and I understand that the Legion is not going to repair it.

We must remember that our cenotaphs and monuments are powerful reminders of the sacrifices that generations of Canadians have made for the peace and freedom we enjoy today. I am proud to be a part of a government that understands that cenotaphs and monuments are important gathering places within our communities. As Canadians, we have a duty as a nation to preserve them in honour of our fallen men and women. Our veterans and those who continue to serve Canada today deserve nothing less.

This legislation underscores the importance of monuments and memorials to Canadians as symbols that remind us of our most important values: democracy, freedom and tolerance. I would invite all members of the House to support this important legislation, especially as we approach Remembrance Day.