Respecting Families of Murdered and Brutalized Persons Act

An Act to amend the Criminal Code (increasing parole ineligibility)

This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.

Sponsor

Colin Mayes  Conservative

Introduced as a private member’s bill. (These don’t often become law.)

Status

Third reading (House), as of June 2, 2015
(This bill did not become law.)

Summary

This is from the published bill.

This enactment amends the Criminal Code to provide that a person convicted of the abduction, sexual assault and murder of the same victim in respect of the same event or series of events is to be sentenced to imprisonment for life without eligibility for parole until the person has served a sentence of between twenty-five and forty years as determined by the presiding judge after considering the recommendation, if any, of the jury.

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.

Votes

Sept. 24, 2014 Passed That the Bill be now read a second time and referred to the Standing Committee on Justice and Human Rights.

The House proceeded to the consideration of Bill C-587, An Act to amend the Criminal Code (increasing parole ineligibility), as reported (without amendment) from the committee.

Respecting Families of Murdered and Brutalized Persons ActPrivate Members' Business

June 2nd, 2015 / 6:30 p.m.


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The Speaker Andrew Scheer

There being no motions at report stage on this bill, the House will now proceed without debate to the putting of the question on the motion to concur in the bill at report stage.

Respecting Families of Murdered and Brutalized Persons ActPrivate Members' Business

June 2nd, 2015 / 6:30 p.m.


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Conservative

Colin Mayes Conservative Okanagan—Shuswap, BC

moved that Bill C-587 be concurred in.

Respecting Families of Murdered and Brutalized Persons ActPrivate Members' Business

June 2nd, 2015 / 6:30 p.m.


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The Speaker Andrew Scheer

Is it the pleasure of the House to adopt the motion?

Respecting Families of Murdered and Brutalized Persons ActPrivate Members' Business

June 2nd, 2015 / 6:30 p.m.


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Some hon. members

Agreed.

Respecting Families of Murdered and Brutalized Persons ActPrivate Members' Business

June 2nd, 2015 / 6:30 p.m.


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The Speaker Andrew Scheer

(Motion agreed to)

Respecting Families of Murdered and Brutalized Persons ActPrivate Members' Business

June 2nd, 2015 / 6:30 p.m.


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The Speaker Andrew Scheer

When shall the bill be read a third time? By leave, now?

Respecting Families of Murdered and Brutalized Persons ActPrivate Members' Business

June 2nd, 2015 / 6:30 p.m.


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Some hon. members

Agreed.

Respecting Families of Murdered and Brutalized Persons ActPrivate Members' Business

June 2nd, 2015 / 6:30 p.m.


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Conservative

Colin Mayes Conservative Okanagan—Shuswap, BC

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

Mr. Speaker, I would like to thank the member for Don Valley East for seconding my bill.

My private member's bill, Bill C-587, is a continuation of Bill C-478 that was previously introduced by the hon. member for Selkirk—Interlake, which was introduced in the first session of the 41st Parliament.

Although the hon. member's bill was read twice in the House and referred to a committee, it was withdrawn after he was appointed to the role of parliamentary secretary, a position that precludes him from carrying a private member's bill forward.

The House voted to send my private member's bill, Bill C-587, to the justice committee, and I wish to thank the justice committee and the witnesses called for their insightful and informative discussion on my bill.

Two of the witnesses, Ms. Rosenfeldt and Ms. Ashley, represent more than themselves, their families and loved ones who were taken from them. They represent the community of Canadians who span our nation, a community of Canadians whose lives have been changed forever by violent offenders.

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

As members of Parliament, I believe it is our duty to demonstrate solidarity with this community of Canadians and support their advocacy with our own work in legislating toward a society that values victims' rights.

As members of Parliament, it is our duty to identify and address points of our legal regime that require improvement. Specifically to this bill, I believe we must not only examine, but reform the state of existing laws governing the removal from society and long-term incarceration of violent offenders who have abducted, sexually assaulted and murdered victims.

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

In the same way that Bill C-48 now allows judges to acknowledge additional degrees of blameworthiness and offence when a conviction of multiple murders has been established, this bill seeks to provide judges the ability to extend the period of parole ineligibility to likewise acknowledge accompanying offences of abduction and sexual assault. All parties worked together and passed Bill C-48, and it is my hope that this bill will likewise benefit from the input and support from all sides of the House.

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

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

While some may believe that the current thresholds for parole represent an appropriate period of incarceration for a violent offender who abducted, raped then murdered their victim, many Canadians consider this to be insufficient in instances of extreme violence and murder.

As we all know, perhaps none more so than those who have lost loved ones, the investigation and prosecution of cases involving multiple offences such as abduction, sexual assault and murder combined can take many years. The time that it takes to arrive at a conviction and then sentencing for a violent offender is excruciating for survivors, family and loved ones. Regardless, as painful as it is, it is essential to the sound carriage of justice.

This bill seeks to provide greater certainty, and therein relief, for the families and loved ones in that, once sentencing is completed, the sentencing judge could be given the judicial discretion to waive parole eligibility for a period of 25 to 40 years, again, at the discretion of the judge.

If parole is to be considered for violent offenders who abduct, sexually assault, then murder their victims, it should not occur before the offender has served at least 25 years. The toll that parole hearings take on family members and loved ones of victims is excruciating as they await the hearing date when the violent offender who took their loved ones will present his or her case. Why should the offender be awarded parole while family members and loved ones have to mobilize to keep the violent offender behind bars? This amounts to a system whereby Canadians who have already suffered tragic loss and endured years of judicial proceedings are subjected to a system that requires their continued mobilization to help keep violent offenders behind bars. This bill would add three new provisions to the Criminal Code, mandating a 25-year minimum parole ineligibility period for anyone convicted of an offence under each of the following offence categories in respect of one victim: a kidnapping or abduction offence, sections 279 to 283; a sexual offence, sections 151 to 153.1 and sections 271 to 273; and murder.

The bill would also provide a judge the discretionary prerogative to replace that 25-year minimum parole ineligibility period with a longer period of up to 40 years based on the character of the offender, the nature and circumstances of the murder, and any jury recommendation in this regard. This bill seeks to provide the sentencing judge the discretion to increase the period of parole ineligibility and, therefore, uphold the principle of judicial discretion, which provides a safeguard of charter rights. I believe that this is an important strength of the bill. Expanding the discretionary prerogatives of judges with a broader range of judicial discretion rather than imposing automatic periods beyond 25 years of ineligibility upholds charter provisions.

Second reading debate raised questions about how the amendments proposed by this bill would interact with the Rome Statute. It is important to note that article 5 of the Rome Statute establishes the jurisdiction of the International Criminal Court over the following offences: crimes of genocide, crimes against humanity, war crimes, and crimes of aggression. Therefore, the Rome Statute does not directly apply to Bill C-587 for the following two reasons: first, the bill seeks to amend the Criminal Code, which is under the jurisdiction of Canadian courts, whereas the Rome Statute only applies to the proceedings of the International Criminal Court; and second, the four offences in article 5 of the Rome Statute are not included this bill.

In conclusion, I would ask that members of the House support Bill C-587, as requested by the victims who plead for justice for the loved ones they have lost as a result of brutal, violent, and heinous murder.

Respecting Families of Murdered and Brutalized Persons ActPrivate Members' Business

June 2nd, 2015 / 6:40 p.m.


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NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, I thank my colleague for his speech.

I have a quick question for my colleague. I still do not have the answer, even after seriously studying the bill at committee.

The government had presented or filed at first reading Bill C-53, which is the life means life bill. Now we have this bill, with the possibility of appealing to the public security minister after 35 years. For the same type of infractions or crimes, we have Bill C-587, which seems to create a type of situation where we are not too sure what prosecutors would be able to do. There might be the possibility of a mix-up in front of the courts, which are already mixed up because of the crime and punishment agenda put forth by the government.

I know the hon. member suspended the study of his bill at some point in time at committee. I am curious as to why he suspended it and why he decided to continue even though Bill C-53 is still somewhere inside this Parliament.

Respecting Families of Murdered and Brutalized Persons ActPrivate Members' Business

June 2nd, 2015 / 6:40 p.m.


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Conservative

Colin Mayes Conservative Okanagan—Shuswap, BC

Mr. Speaker, that is an obvious question. I decided, as I stated before, to look at the life means life legislation and determined it was more comprehensive and, I felt, a better bill than what I have, but I am also very aware of the time frame for things to move forward.

I am not sure if the bill will make it through Parliament and the Senate, but since I have an interest in this bill and represent people who feel very strongly about victims, who have told me that they would really like to see these actions go forward, I decided to move this bill forward. If Bill C-53 goes through to the Senate, I would have no problem with the Senate moving Bill C-53 forward and my bill failing. I have no problem with that. I just want to make sure that these actions take place in this Parliament.

Respecting Families of Murdered and Brutalized Persons ActPrivate Members' Business

June 2nd, 2015 / 6:40 p.m.


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Liberal

Sean Casey Liberal Charlottetown, PE

Mr. Speaker, I too would like to come back to the relationship between the government's piece of legislation, Bill C-53, and this private member's bill. It appears that the government has made a conscious decision not to go forward with Bill C-53. My question for the member is whether it is the government's intention to support this bill through to the end, or is this simply another exercise in politics that we see all too often? I say that somewhat guardedly because Liberals support the intention behind the bill.

Is there a genuine intention to see this across the finish line, or is this something that was introduced for the same purposes as Bill C-53, for which there is no genuine intention to get it across the finish line?

Respecting Families of Murdered and Brutalized Persons ActPrivate Members' Business

June 2nd, 2015 / 6:40 p.m.


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Conservative

Colin Mayes Conservative Okanagan—Shuswap, BC

Mr. Speaker, this place is all about politics. I recognize the bill that has been brought forward by the government, and I am fully supportive of it. In discussions, I was encouraged to continue with my bill. Hopefully the government's bill will move forward in a timely fashion, which would preclude my bill, but if it does not, if for some reason things are held up, as we never know with the timelines in this place, my bill would go forward to the Senate and hopefully get approval there over the next number of weeks.

Respecting Families of Murdered and Brutalized Persons ActPrivate Members' Business

June 2nd, 2015 / 6:40 p.m.


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NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, Bill C-587 best represents this government's approach to justice in the four years of Conservative majority reign. I can say that with authority, having been part of in-depth studies in committee since I became the official opposition justice critic. My heart aches for justice and for the victims because the government laid it on rather thick when it claimed that it would change things for the better for them when, in reality, this is a total failure.

I say that Bill C-587 is a good example of this because it constitutes a major change that will have major repercussions. It has been left to the courts to determine whether or not a person should have to wait up to 40 years before getting parole, but that is the least of my concerns in the context of Bill C-587.

The principle underlying this whole bill—which should have been introduced by the Government of Canada, not a backbencher—is highly representative of what this government stands for. It has always tried to get things in through the back door that it knew it would have a hard time getting in through the front door. When it brings things in through the front door, it gets chastised quite regularly by the courts, including the Supreme Court of Canada.

I am not talking about just anything here; I am talking about justice in Canada. Any government that is responsible when it comes to justice would have taken a step back before going full steam ahead with its sledgehammer agenda and heading directly for a wall.

I think we need to respect justice. A democracy that lacks justice has some serious problems. That is what the government is trying to create with all of these haphazard pieces of legislation that are connected in strange ways.

The question I asked the member is extremely important. I asked the Department of Justice representative the same question. The similarities between Bill C-587 and Bill C-53 are pretty clear.

I appreciate the response given by the member, who said that he saw that his bill had a better chance of making it to the Senate so he decided to go forward with it. However, what is more important is that there is another bill coming behind his that deals with the same type of crime but that will apply in a different situation. That is not very good for the courts and for justice in general. That is not a good way to govern.

If we want to do things, we need to do them right. What will we do in the event that two bills that deal with the same type of crime but provide for two different courses of action are passed?

When a senior official from the Department of Justice indicates that he thinks the court will be able to sort things out and assess the evidence, he is complicating justice in Canada. The fact that the Conservatives have brought in so many mandatory minimum sentences—sentences that are often shorter than those that have been established in the case law—is going to have the opposite effect. It is going to give defence lawyers the opportunity to ask for the minimum sentence, since the legislator des not speak to say nothing. The fact that there is no mandatory minimum sentence in other instances sends the message that the Conservatives do not trust the courts.

That will likely be a key part of the Conservatives' legacy. I am truly saddened by that, and all those who are concerned about justice in Canada likely are as well. Justice should be administered fairly to all Canadians, regardless of whether they live in Quebec, Ontario, western Canada or the Atlantic provinces. Justice should reflect the crimes that have been committed. A desire for justice does not mean that we want improvised justice that does not do what it is supposed to do.

The Commissioner of the Correctional Service of Canada, Mr. Head, said that this bill might apply to one or two people a year. At some point the Conservatives need to stop laying it on so thick and claiming that they are fixing a huge number of problems.

I was struck by the argument that my colleague made at second reading. It is indeed difficult for families to appear before the Parole Board of Canada, which the government repudiates with Bill C-53. The government thinks that the Minister of Public Safety will do a better job than the Parole Board of Canada. The parole board does an amazing job, in light of all the files it has to process and the limited resources it has as a result of cuts.

I sometimes feel as though there are people who jot something down on a napkin, saying that it would sound good at a press conference. Then they bring in a few people who support them and put on a nice press conference. However, they do not think things through. If they are serious about wanting to rehabilitate criminals over a larger number of years, they need to work on rehabilitating them.

Commissioner Head told us that the parole board adjusts its rehabilitation programs based on the length of the sentence. If the individual is not released for 30, 35 or 40 years, his rehabilitation program certainly will not start as soon as he goes to jail, in light of the reduced budgets at the Correctional Service of Canada. Did they think about that? No they did not.

My colleague who introduced Bill C-587 said that he wanted to reduce the number of times that victims are asked to appear before the Parole Board of Canada. I support that argument. However, I would have preferred that he try to find ways to remove some of the irritants for victims who have to appear before the Human Rights Commission. This could be done through the victims bill of rights, even though that is merely a nice statement of principles in many respects, and it will not really do anything for victims—and the future will prove me right.

Sometimes we know that the offender will not get out of prison. As Commissioner Head was saying, not just anyone can be released, and especially not dangerous offenders. There are so many things that have to be established before the board will even consider releasing someone.

We need to remove the irritants, so let us do that. If the objective is to bring in harsher sentences, the House has already agreed to making certain sentences consecutive rather than concurrent. The member said so himself. No one can convince me that we have a soft justice system in Canada when 75-year sentences are being handed down, as was the case for the Moncton shootings. We are capable of handing out harsh sentences.

The criminals he is referring to are people like Bernardo. Those criminals die in prison. If the government is looking for harsher sentences, I would like to remind it that the system already ensures that dangerous criminals will never see the light of day again. Instead, we should eliminate the irritants in the parole process for victims and their families. When it comes to the principles of justice, there are smarter and safer ways to avoid these irritants.

What has bothered me about justice issues for four years is that I always feel like we are working to no avail. We know that there is almost no reason for doing this work and that problems will arise, because these sentences will be considered to be unusual punishment and will be overturned by the courts.

Just because it gives discretion to judges does not necessarily make the bill acceptable. It is a bad bill that will not do what it is meant to do. It is at odds with another bill this government has introduced and will create confusion when it comes to justice, and that is certainly not helpful. For these reasons, I will be voting against the bill. I understand some of the intentions behind the bill, but there are smarter ways to get things done on matters of justice.

Respecting Families of Murdered and Brutalized Persons ActPrivate Members' Business

June 2nd, 2015 / 6:50 p.m.


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Liberal

Sean Casey Liberal Charlottetown, PE

Mr. Speaker, I rise today to speak to Bill C-587, the respecting families of murdered and brutalized persons act. The bill would increase parole ineligibility from 25 years to a maximum of 40 years for persons convicted of the abduction, sexual assault, and murder of the same victim.

Liberals support the intent of Bill C-587, namely to allow victims' families to avoid the stress and trauma of parole hearings that are highly unlikely to result in parole being granted. As this bill would preserve judicial discretion, Liberals can support it. Judicial discretion in criminal sentencing is crucial under the charter, because specific sentences must be proportional to specific crimes. This bill respects the judicial branch of the government by preserving judges' ability to determine just sentences.

I will be saying a few words today about the Conservatives' ideological contempt for our country's constitution, especially the charter, and the high cost to taxpayers of their failed battles in court, which is almost $7 million and counting.

First, however, let us deal with the contents of Bill C-587. It is worth reviewing the legal status quo that this bill would change.

First degree murder carries a mandatory life sentence in Canada with 25 years of parole ineligibility. I would note that murder committed in the context of sexual assault or kidnapping is first degree murder. Offenders serving a life sentence may receive day parole after 22 years and full parole after 25 years. On application, the Parole Board must review unsuccessful day parole applications every year and unsuccessful full parole applications every two years.

Under a 2011 law, offenders can now receive consecutive periods of parole ineligibility for multiple murders. Two offenders have been sentenced under this legislation. Travis Baumgartner received 40 years of parole ineligibility for murdering three of his colleagues during an armoured car robbery. Justin Bourque received 75 years of parole ineligibility for murdering three RCMP officers in the Moncton shootings last year.

Under the current law, offenders may also be designated dangerous offenders, meaning that they may receive indeterminate sentences, subject to periodic review.

Bill C-587 would make the following specific changes to the Criminal Code. First, the bill would allow persons convicted of the abduction, sexual assault, and murder of the same victim to be ineligible for parole for 40 years, 15 years more than is currently the case. The bill would also require judges sentencing such persons to ask for the jury's recommendation on parole ineligibility.

At committee, we heard powerful testimony from Sharon Rosenfeldt, whose son, Daryn Johnsrude, was murdered by serial killer Clifford Olson. Today Ms. Rosenfeldt is the president of the Victims of Violence Canadian Centre for Missing Children.

We also heard from Susan Ashley, whose sister, Linda Bright, was murdered by Donald Armstrong. I would like to again thank both Ms. Rosenfeldt and Ms. Ashley for their brave and helpful testimony. It is difficult to imagine more traumatic and devastating experiences than what they have been through, and I commend them for speaking out to improve public policy.

As I have said before, the attempt in criminal sentencing to quantify the impact of violence is a failure from the outset, especially when we are talking about a loss of life. No criminal sentence or civil remedy can correct the wrong that has occurred. No increased period of parole ineligibility can undo the actions that society would justly have offenders repay. A life taken away cannot be restored, and the law can only deliver an imperfect measure of justice.

At committee, Ms. Rosenfeldt and Ms. Ashley described the trauma of repeated parole hearings. As Ms. Rosenfeldt said:

this bill will help in our not having to attend parole hearings every two years, which once again opens old wounds and scars that never heal, even though we try to move forward and build a new life after the violent murder of our loved one.

Ms. Ashley's words were also powerful. She said:

I speak to you...to hopefully save other families from having to endure the cruelty of reliving their horror and continued re-victimization.

As I said, Liberals support the goal of allowing victims' families to avoid the stress and trauma of parole hearings that are highly unlikely to result in parole being granted. That objective is certainly legitimate when we are talking about persons convicted of abduction, sexual assault and murder. Such crimes are among the most heinous imaginable. If the system is needlessly and repeatedly traumatizing victims, that is something Parliament should fix.

Having said that, we should not make hasty changes to the Criminal Code that are unsupported by evidence. I am disappointed that tinkering with the code has become political bread and butter for the government. A lot of the changes we see are aimed at providing ideological fodder in fundraising letters.

That is why, as Liberal justice critic, I have criticized the government for constantly amending the code, while failing to invest the necessary resources to prevent crimes from occurring. The government's approach is doomed to be ineffective because the policies are not responsive to evidence.

I think in particular of the government's recent cuts to Circles of Support and Accountability, CoSA, a community-based reintegration group that holds sex offenders accountable for the harm they have caused while assisting with their re-entry into society at the end of their sentences. CoSA has been proven to reduce recidivism among sex offenders by 70% to 83%. That is an astonishing number. According to the government's own study, it saved $4.60 to society for every dollar invested. Over five years, it has prevented 240 sexual crimes, yet the government cut that program. It was incredibly irresponsible and that cut poses a real and ongoing threat to public safety.

With regards to Bill C-587, I was disappointed with the testimony at committee of this bill's sponsor, the member for Okanagan—Shuswap. One concern with extending parole ineligibility is that it could make some offenders more dangerous in prison. This is because they would not have an incentive for good behaviour, yet the member for Okanagan—Shuswap admitted he did not consult with corrections officers in bringing the bill forward. He also had no idea how many offenders the bill would likely affect in the future.

Fortunately, Don Head, the Commissioner of the Correctional Service of Canada, was able to answer the committee's questions on these matters. He told us that correctional staff would have to rethink how they deal with these longer-term sentences and that the bill would likely affect about one new offender per year. It is unfortunate to see a legislator proposing a bill and hoping the evidence will support it, rather than proposing a bill based on evidence.

This point about evidence speaks to the difference between Conservative and Liberal criminal justice policy. Conservatives start with ideology. Liberals start with evidence. We do so because judges look at evidence in determining the proportionality of laws that restrict charter rights. This is common sense. It is the proposition that facts matter. The Conservatives' failure to legislate based on evidence is reflected in their many stunning defeats in the courts.

Improving the country's approach to criminal justice will require a change in government. However, on Bill C-587, the goal of reducing trauma to victims' families is a good one. We heard at committee that the bill would make a difference to victims' families going forward. Additionally, I'm pleased that Bill C-587 passes the test of preserving judicial discretion. Liberals will support it for that reason.