Bill C-587 (Historical)

Respecting Families of Murdered and Brutalized Persons Act

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

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.

[The Chair, Conservative, Mike Wallace]

Thank you, everyone, for coming today, and for those presentations and the questions.

Quickly, committee, here's my plan; you can tell me if I'm wrong. But you don't have to tell me right now, because we're running out of time.

Today is October 30. We have witnesses for November 4 and 6, which fall next week on Tuesday and Thursday, and on November 18, because those witnesses basically got moved because of “the issue”.

Now, of the witnesses who were asked, the only ones who are not coming.... I thought we had more, but we actually only have one province coming. The Government of Alberta is coming, by video conference. Quebec has said no; P.E.I. has said no; B.C. is sending a letter; and we haven't had a response from Ontario yet.

I'm proceeding with that. After that is over on November 18, I would like to go back, on November 20, to our miscellaneous bill for an hour. There is information still coming. The clerk is going to follow up on why we don't have it yet, but we're going to get it. We'll tentatively have an hour on November 20 for that miscellaneous bill. I don't think it's going to take us more than an hour.

Then for the second hour we'll have a subcommittee meeting on agenda to look at what is coming next. That would allow me and you and any independents to bring forward any amendments to the bill we're dealing with now, Bill C-32. Then we will do clause by clause on November 25, and move forward on whatever is new on November 27, and we will decide upon that on November 20.

Here's what I want. We've had four bills referred to us. Bill S-2 is from the House. It's a statutory instruments piece, and is more technical than anything else. Then we have three private members' bills: Bill C-587, which has a February 18 date to it; Bill C-590, which has a March 9 date; and just as of last night, Bill S-221, which was unanimously passed by the House.

My suggestion is that if you people could get together to figure out which ones we could do...we could do Bill S-221 very quickly. Work it out. Come to see me about what you'd like to do and when. We'll have that discussion at our meeting on the agenda on November 20, and we'll know what we'll be doing till Christmastime, if that is acceptable to everybody.

Is that okay?

Yes, Mr. Casey?

Respecting Families of Murdered and Brutalized Persons Act

[The Deputy Speaker, NDP, Joe Comartin]

Pursuant to an order made on Monday, September 15, 2014, the House will now proceed to the taking of the deferred recorded division on the motion at the second reading stage of Bill C-587 under private members' business.

The House resumed from September 16 consideration of the motion that Bill C-587, An Act to amend the Criminal Code (increasing parole ineligibility), be read the second time and referred to a committee.

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

Mr. Speaker, I thank all my colleagues on both sides of the House for their comments. I appreciate them. This is the great thing about our democracy. We have open debate and discuss the issues that concern our citizens. I am also very thankful that I belong to a party that allows backbenchers like me to bring forward issues from my constituents in a private member's bill.

As a person of deep faith, I had some challenges when I first looked at the bill, because my faith is based on confession, repentance, and forgiveness, but I came to the realization that my compassion should not trump justice for the victims.

I talked to a woman in my riding, a wonderful person, Marie Van Diest, who had twin daughters, and one of her daughters was murdered on the rail tracks in Armstrong. When she came to see me to talk to me about justice, she said that she just wanted life to mean life. She did not want to go through parole hearings. She said she was young, and 25 years from now she would still be young, and she did not want to hear this over and over every second year. I came here to represent her, because I agreed with what she had to say.

All the organizations that support victims of crime in this country have come out in support of the bill. I attended a justice round table in Kamloops, and every member around the table was very supportive of the bill.

I am pleased to be here for the second hour of the debate on this private member's bill, and I do thank my colleagues for their comments.

Once again, I thank the member for Selkirk—Interlake for initiating Bill C-587, an act to amend the Criminal Code (increasing parole ineligibility) as Bill C-478 back in February 2013. My bill has merit and will provide guidance and accommodation to our judiciary to further protect victims of violent crimes. This is about victims, not the offenders. My bill would support Bill C-32 in recognition of victims' rights and in protecting victims from the pain they would have to endure as they listened to parole hearings time and time again.

My colleague suggested the Norwegian model. I agreed with that, and we do that in our system, but the victims of crimes do not want to hear that over and over again. They have a healing period of 25 years. They do not want to go through opening up those wounds and reliving the tragedy they experienced in their lives 25 years previously.

The bill targets sadistic murderers. These sadistic criminals have never been granted parole, yet the families of the victims still face parole hearings every two years, reliving once again the tragedies of their loved ones. The bill seeks to extend the parole ineligibility period for those convicted of abduction and heinous and brutal acts of violent or sexual assault ending in the murder of an individual.

Once a parole hearing has been given and denied, almost the whole process starts over again. Making murderers ineligible for parole for up to a maximum of 40 years could save families approximately eight unnecessary parole hearings.

Why does the bill ask for a maximum of 40 years before a parole hearing is allowed? Murder is 25 years without parole. Abduction faces a maximum of 10 years, and sexual assault a maximum of 4.6 years. My bill would empower the courts with the ability to increase parole ineligibility when sentencing individuals who abducted, sexually assaulted, and killed our loved ones from the current 25 years up to a maximum of 40 years.

I am hopeful that the bill will pass second reading and be sent to the justice committee for further comment and further study, but I thank all those who have contributed, and I appreciate the opportunity to present the bill to this House.

[Geoff Regan, Liberal, Halifax West, NS]

Mr. Speaker, I am pleased to rise in debate on Bill C-587 and to follow my colleague from Montreal, who has spoken very eloquently, as always. He is also a heck of a hockey player and he is kind enough sometimes to drive some of his colleagues to hockey. That is always appreciated.

However, this is not about hockey tonight. It is about a much more serious matter: the question of parole eligibility and the notion of making life a little easier for families of victims of crime. This is an objective that everyone in the House would share, and if we all share the objective, the key is that when we bring forward a piece of legislation, we have to ask ourselves if it will achieve the objective that the mover of the bill has in mind.

The second issue is the fact that the government has tended to bring in a lot of criminal legislation through private members' bills instead of government bills. A private member's bill does not go through the kinds of constitutional checks that a government bill does. When the government brings forward a bill on criminal law, the normal practice is that the Minister of Justice would have his department examine the constitutionality of that bill to make sure that it complies with, for example, the Charter of Rights and Freedoms and would not be found unconstitutional on the grounds of being offside with the charter or on other grounds.

This summer we saw some problems arise with bills that went through the House in the less thorough manner that is given to private members' bills as compared to government bills. We all know that more time is spent debating and examining government bills than is spent on private members' bills, because they are, generally speaking, of a somewhat different nature. Government bills tend to be longer and more detailed, and to some degree usually deal with more substantive matters, although not always.

Here is an issue in which we are considering amendments to the Criminal Code. That is a significant thing, and it seems to me that it ought to be given full and proper consideration.

As my colleague said, we are going to support sending the bill forward to committee to have it examined there. We support the idea of the bill, but it is important that it have thorough examination in committee, because that is not always the case. Certainly my recent experience and my experience since this government has come into power is that committees do not get the ability to perform a thorough study of these matters because the Conservatives, who have the majority on these committees, cut the time allotted for the study of bills to maybe a day or two days.

When I say “a day”, I am talking about one meeting of a committee, which is generally two hours. That is not much time to give to these sorts of private members' bills on criminal law, which need proper study to ensure not only that the ends that are sought are achieved but also that the bill works with other elements of the Criminal Code and with other bills that are in the process of being amended. If things conflict in some way, all kinds of problems can be created in the future.

There is no question that we do like the idea of allowing families in cases of egregious crimes to avoid the stress and the horror of having to sit through a parole eligibility hearing every few years for an offender who realistically is never going to get out of prison. I think it is fair to say that a lot of Canadians do not realize that even though we think of the maximum sentence as being 25 years, the maximum sentence in Canada is life. There are people in prison in Canada who are there for the rest of their lives, for actual life, because although after 25 years a person in the worst cases can apply for parole, the fact of the matter is that there are people who do not get it.

Really, the question we are talking about here tonight is this: in the cases of the kinds of people who are not likely to ever get parole, how frequently should a family have to go through the process of worrying about the possibility of that criminal getting eligibility and being paroled? That is obviously a fearful and very worrisome thing. Not only do those families feel revictimized by this process but there is also a concern about what that person might do to someone else. That is a concern we all share as Canadians and as members of the House.

We think there are some flaws in this bill that could perhaps be corrected in committee. First of all, it would eliminate one of the only incentives for a certain class of violent offender to behave well in prison. There is a question here about whether taking this particular class of offenders, as opposed to a broader class of serious offenders, is the right way to achieve the objective.

It is also important to think about what eligibility for parole can mean in prison. We know from people who look at these things and from people I have talked to in the past from law enforcement and from prison guards that when we are dealing with offenders in prison, there can be a real difference between the offender who hopes for parole and therefore works toward rehabilitation, which we would all like to see, particularly with those offenders who will someday get out, and the one who has no hope of getting parole. There is a difference in the way they treat other inmates and guards and in terms of the safety of the correctional service guards. We do not want to put those guards in a worse situation.

Moreover, it may be the attitude of the government that anyone who is in prison should rot there, and it may not even think about the question of rehabilitation. However, not every offender is going to be there forever. Some offenders are, in fact, going to get out, so doing whatever we can to support rehabilitation during the period of their incarceration is absolutely vital, especially for those who will get back out into society.

We have seen many cases of offenders who go to prison, do their time, serve their time, and come out and do not commit offences. They become good citizens. We would like to see more of those, and we should always consider what impact a bill might have on that process.

[Massimo Pacetti, Liberal, Saint-Léonard—Saint-Michel, QC]

Mr. Speaker, I am happy to rise to speak to Bill C-587.

I have a couple of brief comments. I think a few Liberals have already spoken to this bill, and as usual, we are looking a bills being presented by the government more out of a fear factor than anything else. Also as usual, the Liberals have to have a proper balance between two sides.

We are going to be supporting the bill, knowing that it is going to committee. There we can review some of the issues surrounding the changes to the Criminal Code that are proposed in this private members' bill. Private members' bills are usually drafted with limited resources and are limited in scope, so we are hoping that the bill does not go beyond the intended scope, deals with the matters at hand, and does not involve any of the areas where it is not meant to be. Liberals will be trying to improve the bill by making sure that all stakeholders are properly represented and that any amendments that are required are at least considered by the government.

Basically the bill would increase parole ineligibility from 25 years to a maximum of 40 years if a person is convicted of such things as abduction, sexual assault, and murder of the same victim. I am from an accounting background. I am not a lawyer. I do not know how many of these cases are out there, but my understanding is that these situations are limited. Sometimes we get mixed up because headlines tell us of vicious and heinous crimes, but often they have not happened here in Canada. Apparently there are a very limited number of cases in which this sort of thing could be considered an issue here in Canada, but the Conservatives are making a huge issue around it. It is more like fearmongering than fact. That is one of the problems we have with these items.

There were some issues that we thought should be looked at during debate or at committee, and the critic for justice, the member for Charlottetown, has brought them to light already.

One problem I see with the bill relates to not providing an individual with hope. I have heard that in a prison atmosphere, some prisoners can make prison life a lot more complicated for people who will not necessarily be spending their whole lifetime in prison. They can make life much more difficult for prisoners who have shorter terms. Giving someone no hope by saying their 25 years is going to go to 40 years is something that should be looked at. I am not sure how all prisons are conducted or how the prisoners are divided, but if some prisoners in a cell block have 25-year sentences and others have less, there are going to be different behaviours in those cell blocks. I hope that will be one of the factors that will be considered.

The second item is that few people are convicted of kidnapping, sexual assault, and murder. We see it in the headlines every day, but usually we see it in countries to the south of us and in other hemispheres. I am hoping that facts about the number of individuals who will be affected by this measure will be considered, as well as whether the additional cost is going to be appropriate.

My understanding is that the laws in Canada already deal harshly with these situations. Perhaps the idea is to change the 25-year minimum for all eligibility situations and just not have judges use the discretion that they presently have in deciding these matters.

Again, we support this measure, and it should be looked at in committee.

Specific classes of murderers are considered more harshly than serial killers or persons who have committed crimes such as genocide or crimes against humanity. Why should one category of crime be treated differently than another category of crime? These are areas we should spend some time looking at, and I hope that members of all parties will be open to doing that at committee.

I will close my remarks by saying again that I hope the bill is constitutionally sound and that the constitutionality of the bill will be looked at during committee hearings. Hopefully all members, especially members on the government side, will be open to hearing from stakeholders and experts on all sides of the spectrum.

[Alexandrine Latendresse, NDP, Louis-Saint-Laurent, QC]

Mr. Speaker, I am very pleased to speak today to Bill C-587 introduced by the hon. member for Okanagan—Shuswap. I am also very pleased to learn that there is a place in Canada called Shuswap. I looked it up. It seems like a wonderful place. I hope to visit it one day.

Bill C-587 amends our Criminal Code in order to provide that a person convicted of the abduction, sexual assault and murder of one victim is to be sentenced to imprisonment for life without eligibility for parole until the person has served a sentence of between 25 and 40 years.

I will be honest. Discussions on amending the Criminal Code make me uncomfortable and a bit nervous because I am not a lawyer and I do not claim to understand the full extent of these changes. What is more, at first I did not really understand all these different assaults listed in the bill, as though triple heinous crimes were common currency in Canada. Not only that, but it is as though punishment worthy of that name were missing from the Criminal Code in its current form.

Neither of those is the case. I think I am justified in feeling uncomfortable. I find it strange that a backbench MP has introduced a bill to amend the Criminal Code. I think the Minister of Justice should be responsible for such important changes, to ensure that the bill can be properly studied. This kind of initiative should be much more formal. This all comes across as cavalier, which worries me.

The idea behind this bill is immediately clear when you read it. It is simply an exaggeration, typical Conservative-style hyperbole. They are looking to hand down excessive or double punishments. They appear to believe that this approach will ease the suffering of victims, whose lives have been turned upside down by crime.

The first ombudsman for victims of crime said that this bill was nothing but smoke and mirrors or an empty promise. He said that the measure would be used at most a few times a year, but would change nothing for the families of victims.

This is a foolish move that is taking us back to the Old Testament philosophy of an eye for an eye, a tooth for a tooth. The victim's role is being made out to be inalienable. The victim becomes this person in need of assistance, whose constant pain serves as proof that justice is about redemption.

Victims are being forced to remain victims, in order to justify never-ending punishments. By exploiting the pain of this serious crime, they are justifying the need for absolute justice. The crime becomes an eternal act to be relived day after day, in order to satisfy the need to punish over and over. By punishing, we are only selling out our own morals.

I would even venture to say that what is behind this type of discussion on the effectiveness of our Criminal Code, and what is at the very heart of this bill, is an irascible belief in the validity of the death penalty. Real justice is hiding behind that.

Our Constitution prevents us from bringing back the death penalty, but the government is constantly trying to get as close as it can. If it cannot execute someone, it will punish the person threefold. It wants to brandish full, irrevocable punishments. Surely that kind of inflexibility will make us feel better.

However, the experts all agree: our judicial system works very well. We do not need to up the ante in such a completely emotional and unenforceable way. Crime is emotional; justice should not be.

The discussion we are having here today is not a new one. In fact, the record is starting to skip. The Conservative Party wants to appeal to its partisan base, so it introduces bombastic bills on victims' rights, and declares a holy war against crime. Immediately, the NDP is stuck preaching moderation and defending the existing rule of law, and then we are accused of being a bunch of whining patsies who want to rehabilitate Satan himself. We are told, “Oh, the NDP is soft on crime” or “Forgive them, they are a bunch of bleeding heart leftists”.

The reality is that Canada has very little crime to worry about. Maybe the Conservatives are perhaps confusing Canada with the United States. It would not be the first time. What is the fundamental difference between the United States and Canada? It is precisely the fact that we rehabilitate criminals. The sentimentality of the patsies I just mentioned has helped make Canada one of the safest, most peaceful countries in the world.

The Canadian Bar Association said:

...[It] does not believe that Canadians would benefit from a system where individuals are condemned to spend their entire lives behind bars, with no hope of ever being released. Even those convicted of homicide, the most serious of all crimes, should know there is some slim possibility, after serving lengthy periods of their sentence behind bars, of being released into the community and contributing to society, provided that their behaviour while incarcerated makes them deserving of such a privilege.

The most reprehensible notion that would be introduced into the Criminal Code by Bill C-587 is the idea of relativity. Believing that punishment is meted out in an ad hoc manner and that such an indiscriminate criterion has a place in our justice system shows a very poor understanding of that system. Behind it there is the notion that human justice is not enough and that the wrath of God is needed to really vindicate the victims. I am not a lawyer, but I know that the Middle Ages have passed and that the notion of justice has evolved since Spain discovered North America. We are not going to return to outdated practices to please Conservative voters. Justice is a system and not an election platform.

When you remove even the smallest bit of rationality from the justice system, you weaken it. In fact, power is being taken away from judges, who must from now on make decisions based on random concepts. A crime is still a crime. A despicable thing is vile. The only thing that can vindicate us is judicial stability.

How can this notion of seriousness be measured? How can we ensure equality before the law when a notion of relativism is introduced into the equation? I would really like the member for Okanagan—Shuswap to clearly explain that to me. What gap is the bill trying to fill?

At present, in Canada, under Canadian criminal law, it is possible to not be eligible for parole for over 25 years. This is in line with international criminal law. We have adopted the Rome Statute of the International Criminal Court and this is in keeping with our long tradition as adherents to the rule of law, which is seen around the world as being fair, balanced and exemplary. The Conservatives are systematically damaging that tradition by isolating Canada in the world.

It is deplorable to have to watch our status as mediator crumble because of the actions of this government.

Parole ineligibility is being increased from 25 to 40 years. How will this increase improve our justice system? The only reason to have a sentence like that is as a deterrent, but this is such a rare crime that one would think the laws of civilization would be enough to deter those who might be tempted to kidnap, rape and murder. Yes, these are heinous crimes, but our system already punishes these rare occurrences severely and justly.

This crime is extreme, but that does not mean we need to go to extremes to punish it. It is up to us to be reasonable, not to criminals.

In closing, I will vote against this private member's bill because I think it is time we stopped using victims to make useless changes to our justice system. After all, if the Conservative government wants to make that kind of change to our Criminal Code, all it has to do is introduce a government bill that can be studied as such.

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

Mr. Speaker, it is a privilege to speak to the proposed amendments to the Criminal Code contained in the private member's bill before us today. The amendments contained in Bill C-587, the respecting families of murdered and brutalized persons act, introduced by my colleague, the member of Parliament for Okanagan—Shuswap, are based on the same fundamental idea that underlies many recent legislative initiatives passed by Parliament, which is the interests of victims of crime and of their families and loved ones.

That fundamental proposition is a straightforward one. Families and loved ones of murder victims should not become the secondary victims of a convicted murderer by being forced to relive the details of their terrible loss every time the killer applies for parole.

As hon. members may recall from past debates, both first and second degree murder are punishable by life imprisonment, subject to a period set out in section 745 of the Criminal Code, during which the murderer may not apply for parole. While all murders are morally blameworthy, first and second degree murder are distinguished from each other by the higher degree of moral blameworthiness associated with first degree murder that justifies the longer mandatory period of parole ineligibility of 25 years.

While the mandatory minimum period of parole ineligibility for second degree murder is 10 years, it may be increased in two situations.

First, if a second degree murderer has been convicted of a prior murder or of an intentional killing under the Crimes Against Humanity and War Crimes Act, the parole ineligibility period will be automatically set for the same as first degree murder, namely 25 years. In such cases, the fact that the murderer has killed before is considered to increase his or her moral blameworthiness up to the level of a first degree murderer.

Second, even if the second degree murderer has not killed before, a judge has the discretion under section 745.4 of the Criminal Code to impose a period of parole ineligibility of up to 25 years based on the murderer's character, the nature and circumstances of the murder, and any jury recommendation in this regard. In short, the higher the degree of moral blameworthiness associated with a second degree murder, the longer the parole ineligibility period that may be imposed to reflect it.

It is important to keep the concept of moral blameworthiness in mind when considering the proposals put forward in Bill C-587. These proposals are directed at the most morally blameworthy of murders, those in which the murder victim has also been subjected to an abduction and to a sexual assault by the murderer. It is hard to imagine a more heinous series of acts committed against the victim.

The issue before us today is that, with the exception of the case of multiple murderers, the maximum parole ineligibility period for murder permitted under the Criminal Code is 25 years. This is true, no matter how terrible the circumstances in which the murder may have been committed.

As for multiple murderers, I am aware that in 2011, the Protecting Canadians by Ending Sentence Discounts for Multiple Murders Act came into force. These Criminal Code amendments permit a judge to impose a parole ineligibility period on a multiple murderer for the first murder in accordance with the provisions I have already described. The judge will also be authorized to impose consecutive parole ineligibility periods of 25 years, one for each victim after the first, to ensure that the lives of each and every victim will be reflected in the sentence ultimately imposed upon the murderer.

In short, this important legislation would help to ensure that no victim's life would be discounted at the time of sentencing.

However, the result of the seemingly arbitrary limit on parole ineligibility of 25 years on those who kill once in the circumstances reflected in Bill C-587 is a symbolic devaluation of the suffering of the murder victim, as well as an apparent disregard of the extreme level of moral blameworthiness exhibited by the murderer. One has only to recall the horrible murder of Tori Stafford by Michael Rafferty to realize the truth of this statement.

The member for Malpeque just said that this bill was a solution in search of a problem. I would ask him to review the terrible circumstances of the murder of that young girl, Tori Stafford, and then stand back up in the House and say whether there is no problem that needs to be addressed. This, in my view, addresses this situation and this problem. This problem has, unfortunately, occurred all too often in Canadian history. That is what we get from the moral equivalence of the Liberal Party.

Allow me to be more specific about what Bill C-587 would do.

First, it would amend section 745 of the Criminal Code to require a mandatory parole ineligibility period of 25 years for anyone convicted of murder who had also been convicted of committing one of the listed kidnapping and abduction offences, as well as one of the listed sexual offences against the murder victim. In short, the 25-year period would only apply if the murderer had been convicted of three offences against the same victim. This would ensure that this measure would be applied only against those whose crimes would justify this level of sanction.

Second, the bill would authorize a sentencing judge 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 offences and any jury recommendation in this regard.

As I described earlier in the context of second degree murder, these are well-established Criminal Code criteria that permit the judge and jury who have heard the evidence at trial to make this important sentencing decision. Under the existing law, murderers who kidnap and sexually assault their victims already receive long sentences. This would continue to be true under Bill C-587.

However, the bill would also protect families and loved ones of murdered victims from the trauma of repeated parole applications of the murderer. As the hon. member for Okanagan—Shuswap said, when he introduced this legislation on April 7, “Sadistic criminals convicted of such heinous crimes are never granted parole, thus the hearings are unnecessary and are extremely painful for the victims’ families to endure”.

I will point out the terrible trauma that the victims of Clifford Olson went through when he had multiple parole hearings, even though we all knew, and he knew, that he would never be released. However, every two years, he would require the families of those victims to appear before a Parole Board hearing to go through and relive the horrible murders of their children over and over again.

In short, the bill is not just about creating stiffer penalties for sadistic murderers by allowing a judge to impose up to 40 years of parole ineligibility on the depraved murderers targeted by these measures. This bill is also about saving the families and loved ones of the victims from having to go through the agony of unnecessary and often traumatic Parole Board hearings.

If the member for Malpeque does not believe there is a problem here that needs to be solved, I would ask him to go and speak to the families of some of these victims and hear about the torture that they go through having to relive the awful circumstances of the murders of their loved ones over and over again. I would refer him to Sharon Rosenfeldt, who is the mother of one of Clifford Olson's victims. Perhaps he should speak to her and hear her point of view on this matter.

This is the fundamental proposition at the heart of the important measures proposed in the bill. It is far too often the case that the families and loved ones of victims experience a greater degree of pain and experience a greater sense of loss because the justice system has failed to protect them from being re-victimized every two years when the murderer applies in vein for parole.

Moreover, Bill C-587 is entirely consistent with past legislation passed by the House, such as the Protecting Canadians by Ending Sentence Discounts for Multiple Murders Act. It ensures that a life sentence of imprisonment for murder means just that: life in prison.

I will point out that in the past the Liberal justice critic has said that if the Liberals were to form a government, they would repeal that law which removed the faint hope clause and they would restore the faint hope clause, allowing murderers like the late Clifford Olson to have those continual Parole Board hearings.

Bill C-587 is also entirely consistent with another piece of important legislation that the House is also being asked to examine, Bill C-32, the victims bill of rights act, which was introduced on April 3 of this year. The victims bill of rights would put victims at the heart of the justice system in order to rebalance the scales of justice away from criminals and toward those who have suffered at their hands.

Bill C-587 is yet another example of this long overdue rebalancing. I urge all hon. members to examine it from this point of view. If they do, I am sure they will agree with me that it ought to be moved to the committee and third reading to ensure that it becomes the law of the land in the shortest time possible.

I thank all members for their attention and urge them to come together in the interests of the families and loved ones of the truly horrific crimes targeted by Bill C-587, such as the family of Tori Stafford. I strongly urge all members therefore to give their full support to this bill and ensure its swift passage.

[Wayne Easter, Liberal, Malpeque, PE]

Mr. Speaker, my colleague, the member for Charlottetown, outlined in considerable detail the Liberal Party position on this, another private member's bill from a government backbencher, or the government side of the House, that we believe leads to a completely disjointed approach to amending the Criminal Code.

Bill C-587 would amend the Criminal Code to increase the 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. The short title of the act is the respecting families of murdered and brutalized persons act.

I believe this to be another initiative by the Conservative backbench to weaken the coherence of the Criminal Code of Canada.

The hon. member in whose name this bill resides is introducing a bill that, in my view, is a solution in search of a problem. If one were to be overly cynical, this private member's bill is a solution in search of a fundraising letter.

The member will know that much of what his political party is really concerned with is raising money from its political base on the subject of choice. That subject seems to be one that is enamoured with “get tough on crime” but certainly not “get smart on crime”.

This is not unlike the Conservative approach to veterans in Canada, an approach where symbolism is more important than substance. We saw reports just the other night that the Minister of Veterans Affairs is spending another $4 million on self-promoting ads, all the while continuing to ignore the real problem affecting our veterans.

I read the minister's speech, and while the hon. member might have good intentions, I again repeat that the legislation is a solution in search of a problem. In his speech, we heard a lot of rhetoric about the need to be tough on criminals. Absent from his speech, and the Speaker would know this, is any discernible connection between his bill and what we refer to on our side as “evidence and facts”.

Allow me to raise a couple of points of serious concern. These issues surround the legality and constitutionality of this legislation and what assurances can be provided to the House as to whether the government's private member's bill meets those basic requirements.

In that regard, I would like to place on the record that, speaking today for the Liberal Party, we will expect that the member sponsoring this bill will table with the House or with the committee examining the bill a written legal opinion as to the fact that this bill would withstand legal or constitutional challenges.

If the member is unable to provide such written legal opinion, I would direct this request to the government itself, to have the Department of Justice examine this legislation and produce a legal opinion that declares that the bill would withstand a legal or constitutional challenge.

I say that should be done before the committee hears witnesses. We have heard members say that it is not possible, but that is what the committee needs.

My experience on the public safety committee is that a Conservative backbench member introduces a private member's bill, and witnesses are called in on the private member's bill. The witnesses believe that the bill is as was outlined originally.

After the hearings are basically over, on the last day of the hearings, the Department of Justice, or in our case, the Department of Public Safety, comes in with a series of amendments, and there are usually more amendments than there are clauses in the bill.

I submit that on two of the bills—and I have put this to you before, Mr. Speaker—the intent was really changed, but the witnesses do not know the bill was really changed. They appeared on a bill that was substantially amended by the Department of Justice because the Department of Justice is trying to make it so that it is not legally or constitutionally challenged. However, the witnesses actually believe that what was passed was what they submitted on. The private member from the Conservative backbench, of course, carries on the spin that they really did what the original bill intended, which in my case at the public safety committee certainly did not happen.

I said earlier that the bill is a solution in search of a problem. Let us look at one of the facts. Bill C-587 would increase the ineligibility for parole for a conviction that includes a sentence of kidnapping, sexual assault and murder. In the last 20 years there have been only three cases in Canada that would meet the three elements of kidnapping, sexual assault and murder. Let me repeat, there were just three cases that would have triggered the provisions of Bill C-587 had it been in place 20 years ago. In those three cases there is no indication that the judges acted with leniency.

[For continuation of proceedings see part B]

[Continuation of proceedings from part A]

The House resumed from May 30 consideration of the motion that Bill C-587, An Act to amend the Criminal Code (increasing parole ineligibility), be read the second time and referred to a committee.

[Pierre Jacob, NDP, Brome—Missisquoi, QC]

Mr. Speaker, I am rising in the House today to speak to Bill C-587, which was introduced by a Conservative member.

The bill would amend the Criminal Code to provide that a person convicted of the abduction, sexual assault and murder of the same victim is to be sentenced to imprisonment for life without eligibility for parole until the person has served a sentence of between 25 and 40 years, as determined by the judge.

This bill is basically a reincarnation of Bill C-478, which was introduced last year and then struck from the order paper when the member sponsoring it became a parliamentary secretary. Bill C-587 is designed to extend the parole ineligibility period depending on the severity of the crime, not the number of crimes committed or the number of victims.

I am opposed to this bill. While it seems well-intentioned, it is unnecessary, ineffective and open to attack in court. That is what I will be demonstrating.

As I already mentioned, Bill C-587 is basically the same as Bill C-478, which was not passed by Parliament.

The first federal ombudsman for victims of crime, Steve Sullivan, did not have a very high opinion of the bill. He felt it was nothing but smoke and mirrors. If someone is accused of first-degree murder, the Crown does not generally concern itself with lesser offences. If someone is sentenced to life in prison with a chance of parole after 25 years, this already takes into account that if the person represents a danger or a risk, they will not be granted parole.

I would also like to point out that criminals targeted in this bill, people like Clifford Olson, Paul Bernardo and Russell Williams, are rare cases. They have already been sentenced to life in prison without Bill C-587.

Take Clifford Olson, for example. He murdered 11 people. After serving 25 years in prison, he applied for parole for the first time in 2006. His application was denied, as was his second in 2008. In 2010, his third application was also denied because the court found that he still represented a danger to society. He ended up spending 30 years of his life behind bars, where he died in 2011.

The bill before us will have no real impact on the legal reality in this country. Offenders convicted of abduction, sexual assault and murder are very rare. They are well known because their stories get so much media attention. Bill C-587 will not change anything. These offenders will still stay behind bars.

The legality of the bill is the other point I want to address. First, I would like to point out that the 25-year period was not determined arbitrarily. Paragraph 110 of the Rome statute of the International Criminal Court states that life in prison is the maximum sentence, but that it must be reviewed after 25 years.

Therefore, international law does not allow for life sentences without eligibility for parole, even for the most serious crimes, such as war crimes, crimes against humanity and crimes of genocide. This is probably why Canada set the maximum parole ineligibility period at 25 years, even for the worst cases of first degree murder.

Other states often look to Canada to learn from its principles of justice et its criminal justice. We are off to a bad start if we begin to renege on our international treaties to pass cosmetic bills.

What international law imposes, and what Canada decided to apply, is a maximum prison term of 25 years, which applies to all crimes. Our role is not really to say which crimes are most serious. Rather, it is to define the rule of law. Moreover, this bill undermines the Canadian Charter of Rights and Freedoms.

The Supreme Court has yet to render a decision on the constitutionality of extending this maximum period in the case of consecutive parole ineligibility periods for multiple murders.

Extending the ineligibility period from 25 to 40 years for murders involving abductions and sexual assault would probably be ruled unconstitutional by the courts.

In the case of Bill C-478, the carbon copy of Bill C-587, we asked the Standing Committee on Justice and Human Rights to check compliance with the Charter of Rights and Freedoms. The Conservatives voted against that and we were not able to do that study.

If Bill C-587 is challenged in court, taxpayers will again have to pay for even higher legal costs. The whole issue will end up before the Supreme Court, as it often happens already.

Since the Conservatives came to power, we have seen an increase in court action. There are challenges not only by the provinces, but also from the Supreme Court with respect to the compatibility and constitutionality of certain Conservative bills.

It should be noted that Bill C-587 continues the Conservative government's tradition of presenting measures to amend the Criminal Code through private members' bills introduced by backbench MPs.

We remain concerned about the provisions in Bill C-587 and their compatibility with the charter. Private members' bills are not submitted to the Department of Justice for review as to their compatibility with the charter and the Constitution.

We are opposed to this bill. All though it seems well-meaning, it is unnecessary, ineffective and easy to attack in court. Once again, the Conservatives are just using smoke and mirrors and this could cause more challenges with the Canadian Charter of Rights and Freedoms.

I invite all my colleagues to vote against this bill.

[James Bezan, Conservative, Parliamentary Secretary to the Minister of National Defence]

Mr. Speaker, I thank the member for Okanagan—Shuswap for bringing this bill forward. As he mentioned, this was a bill that I introduced in the first session of this Parliament and because of my appointment as parliamentary secretary, my bill had to be withdrawn, although it did make it to committee. Therefore, I would hope that members will expedite this process so we can get this to committee, where it was a year ago.

Sitting here listening especially to the Liberal member really was disappointing. At no point did he mention the victims, not once. It comes back to this whole ideology of the Liberals about hugging the thug, about trying to protect the criminals rather than protecting Canadians and those victims.

The title of the bill is “respecting families of murdered and brutalized persons act”. It is work that I started some time ago, and I am very happy that my friend from Okanagan—Shuswap has taken on this task in the House to ensure that families do not have to go through unnecessary Parole Board hearings and be re-victimized time and time again. Let us ensure we have our hearts in the right place, that they are with the families that have already lost their loved ones and now have to relive the horror of the most heinous criminals who have not only murdered their child or family member, but may have abducted and sexually assaulted them.

The bill would amend section 745 of the Criminal Code. I have to stress that Bill C-587 is about empowering our courts with the ability to increase parole ineligibility when sentencing individuals who have abducted, sexually assaulted and killed our innocent and often most vulnerable Canadians from the current 25 years up to a maximum of 40 years. It is at the discretion of the courts. They make the decisions on whether to take it up any higher.

The bill is not about creating stiffer penalties for these sadistic murderers. These depraved convicts do not qualify for parole. We have already mentioned that. The worst case criminals who are in prison, these half dozen individuals who have been alluded to, never make parole. They never ever get out of jail. However, the reality is that families still have to go, every two years, starting at year 23, to hear the tragedy of their child or loved one being abducted, kidnapped, raped, sometimes tortured, and then murdered. We want to put an end to that. The bill is about saving the families of victims from having to go through this agony of attending these unnecessary and traumatic experiences at Parole Board hearings.

Again, we have said that this is not about mandatory minimums. This is about empowering judges and juries in coming to reasonable decisions on parole ineligibility.

Let us talk about this. Is this constitutional? Does it comply with the charter? The fundamental principle of sentencing is that a sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender. The seriousness of the offence as set out in the bill would ensure that parole ineligibility, period, would only be applied in cases where the murderer's moral blame worthiness would be very high for abduction, sexual assault and murder. This would allow for judicial discretion and would ensure charter compliance because it would not be mandatory minimums.

This goes back to Bill C-48, which used the same principle, protecting Canadians by ending sentence discounts by multiple murderers act. It is important to note that the NDP supported that bill back in 2011. That, in itself, is noteworthy. If it was okay to support it in Bill C-48 back in 2011, I would hope the NDP would support that same principle when it applies to these most heinous criminals.

Jim Maloway, who was the NDP member at that time for Elmwood—Transcona said:

Mr. Speaker, I am pleased to speak to what is now is Bill C-48 [...]. I essentially support the bill, which our critic, the member for Windsor—Tecumseh, has already indicated that our party supports. In fact, all opposition parties support the bill. [...]

I guess one of the good things about the bill is that it does leave discretion to the judge, which opposition members have been consistent in supporting in the past. Perhaps the government recognized that by allowing the judge discretion it made it certain that the bill would actually go somewhere in the House.

The compliance section that we are concerned about is section 12 of the Charter, and by going the route that is presented in Bill C-587, providing that judicial discretion makes it charter compliant. That is key.

As we are saying, this is about the most heinous and horrendous individuals we have in Canada. We are talking about Robert Pickton, Paul Bernardo, Russell Williams, Michael Rafferty, Terri-Lynne McClintic, Clifford Olson, Donald Armstrong, James Dobson, David Shearing and, just recently, Luka Magnotta. These individuals are repulsive in our society. They have committed the most tragic criminal acts on an individual that people could ever imagine. Yet, there is argument coming forward that they should only have to sit there for 25 years. We know that they sit there longer because they never ever make parole eligibility. They are never put back into society.

In the sentencing of David Threinen, in 1975, Justice Hughes, who was the judge at the time, stated he should “never again should he be on the streets and roadways of our country”.

If judges already see how repulsive and dangerous these offenders are, then they need to make sure that they are never released back into society.

When we look at Robert Pickton, he was convicted of multiple murder charges, 25 counts, but unfortunately they were only second degree murder charges. That means 10 years. In 10 years, he can start attending his parole board hearings. He will probably never be released, but that means that 25 families are going to be reading victim impact statements at parole board hearings every two years, in a matter of a couple of years from now. That is sickening.

One of the reasons I was thinking about this case is that a few years ago I was in my riding listening to the Tori Stafford case. She was the little girl who was abducted, raped, and murdered. It broke my heart. It involved Michael Rafferty and Terri-Lynne McClintic. After they stole her from school and sexually assaulted her, they killed her with a hammer. Terri-Lynne McClintic got a life sentence, in 2010. Michael Rafferty got his life sentence. Tori Stafford's family, in 25 years, should not have to start reliving that murder, that abduction, that sexual assault, every two years from there on in.

We talked about Russell Williams, who abducted, raped, and murdered Jessica Lloyd and Marie-France Comeau. We talked about Clifford Olson.

I have to thank Sharon Rosenfeldt. I got involved with her and her organization, Victims of Violence. She supported the bill right from the beginning. Her son Daryn was murdered. My friend has already talked about how Daryn was killed and how they were retraumatized.

I also have to thank Susan Ashley, who also provided me with support and ideas for the bill, and Yvonne Harvey, from the Canadian Parents of Murdered Children, for their work on this bill as well, and ensuring that Canadians are aware that this was coming forward.

Finally, I want to thank Senator Boisvenu, who founded the organization Murdered or Missing Persons' Families' Association because of his own person loss, for his support in ensuring that the bill will go forward on the Senate side.

Again, I would ask that members of this House to support the bill and get it to committee so it can be given the proper study.

[Sean Casey, Liberal, Charlottetown, PE]

Mr. Speaker, for the Conservatives, symbolism seems to be more important than substance, and spending millions on advertising is more important than actually helping veterans.

It is the same with these crime bills, many of which are targeted to raising money from a base of supporters who neither like the charter nor embrace any sense of proportional justice.

With respect to the member's speech, and while he may very well have good intentions, I repeat that this legislation is a solution in search of a problem.

The Conservatives should know that time and time again, the courts at all levels have been striking down their legislation. Why are the courts doing this? Is this part of some pan-Canadian conspiracy to thwart the efforts of the Conservative Party? No doubt some across the aisle would embrace that view.

I believe that there are a number of reasons the courts are striking down Conservative legislation, and one relates to due diligence. Many of these so-called tough on crime bills are not properly vetted to ensure that they comply with the charter. The member, in his remarks, indicated that this piece of legislation was charter compliant. I would be most interested to see the evidence and opinion that support that assertion.

It would appear that when Conservative members construct these bills, the last thing they do is assess whether they comply in principle or in spirit with the law of the land: the charter. On that point, I should note that just two nights ago, in this very chamber, on debate on the Citizenship Act, we had the Minister of Citizenship and Immigration heckling an NDP member and saying that the charter was not a law.

It is not only a law, it is the supreme law of the land.

With respect to this bill, I would invite the hon. member to produce any piece of evidence or documentation that would suggest that the bill would survive a charter challenge. I do not believe he is in possession of any such evidence.

What really matters is showing people that the Conservatives are tough on crime, which is much less effective than being smart on crime. The lack of respect for the charter and for the constitution is very troubling.

I have read Bill C-587, and I have been on the hunt for any evidence to support this effort. The bill seeks to increase ineligibility for parole for a conviction that includes a sentence for kidnapping, sexual assault, and murder.

In the last 20 years, according to the Library of Parliament, there have been three cases in Canada that would meet the bill's three elements of kidnapping, sexual assault, and murder. I repeat, in the last 20 years, just three cases would have triggered the provisions of Bill C-587 had it been in place 20 years ago. In each of those cases, there is absolutely no indication that the judges acted with leniency or that the existing suite of laws are somehow ineffective.

Did the member know that one of these three cases relates to Paul Bernardo, who, because of his designated dangerous offender status, would still have been eligible for parole seven years after conviction? This is just one glaring inconsistency in this bill with respect to the dangerous offender designation.

The hon. member's proposal is flawed for other reasons. First, the act would eliminate one of the only incentives for a certain class of violent offender to behave while in prison, thereby making prisons more dangerous for other inmates, and more importantly, more dangerous for correctional officials.

Just last week the union representing Canada's prison guards went public, urging its 7,500 members to vote ABC, anyone but Conservative. This is what the vice-president of the Union of Canadian Correctional Officers had to say: “These guys have to get out”. He went on to say, “They've done more damage in three years than any government has done in our entire history”. I suppose it is only a matter of time before the Conservatives attack the correctional guards.

The second flaw in the bill is this: The five people convicted of kidnapping, sexually assaulting, and murdering the same victim are already dealt with harshly under Canadian law. Such persons already received mandatory life sentences and are already ineligible for parole for a period of 25 years, since murder in such circumstances is first degree murder. Under the current law, they may also be designated dangerous offenders.

The third flaw is that this legislation would produce a somewhat absurd result when the code's other provisions relating to parole are considered. Specifically, by increasing a somewhat arbitrary class of murderers' parole ineligibility to a maximum of 40 years, the act would allow these convicts to remain incarcerated without the possibility of parole for up to 15 years longer than notorious serial killers. This anomaly would also extend to those who have committed genocide and crimes against humanity.

Canadian law already deals harshly with the few persons convicted of kidnapping, sexual assault, and murder. This legislation would defy common sense by punishing a specific class of murderers more harshly than serial killers and persons who have committed genocide and crimes against humanity.

The overwhelming lack of an evidentiary basis for the bill is troubling. Again, just three cases over the past 20 years would have been affected by the bill, and in all of those cases, the courts have provided an appropriate and tough sentence.

Should the member appear before a committee to discuss the bill, I would hope that he would consider providing some evidence of facts pointing to the need for this legislation to become law. The member is perhaps in possession of some evidence unavailable to others, and should that be the case, I would most certainly like to see it.

[Sean Casey, Liberal, Charlottetown, PE]

Mr. Speaker, thank you for the opportunity to speak to Bill C-587, which sadly, is another initiative from a Conservative backbench to weaken the coherence of the Criminal Code of Canada.

The hon. member in whose name the bill resides is introducing a bill that is to a certain extent, sadly, a solution in search of a problem. Or if we were to be just a wee bit cynical, this private member's bill is a solution in search of a fundraising letter.

The member will know that much of what his political party is really concerned with is raising money from its political base and there seems to be an obsession with the Criminal Code. This is not unlike the Conservative approach to veterans in Canada, an approach where symbolism is more important than substance. We saw an example of that just last night where the Minister of Veterans Affairs is spending another $4 million on self-promotion, all the while ignoring the real problems affecting our veterans.

It is galling that the Conservatives would cut district offices for veterans, cut support staff and those who work with them using the excuse of cutting costs, while they spend another $4 million on advertising that is not meant to do anything except promote the Conservative Party and using taxpayers' dollars to do that—

[Françoise Boivin, NDP, Gatineau, QC]

Mr. Speaker, once again, I am pleased to rise as the NDP justice critic to address Bill C-587, introduced by the member for Okanagan—Shuswap.

He seized that opportunity when the member for Selkirk—Interlake, who initially introduced the bill, got promoted and could no longer present it. We congratulate him on his promotion. However, we need to revisit Bill C-587.

I am tempted to reread my improvised speech from the last time, because my view on this bill has not changed. It has some good points. Some might say the NDP should be satisfied, because it always calls for the continued exercise of judicial discretion, and that is in the bill.

Indeed, it is always a good idea to leave it up to the court to decide whether someone should be eligible for parole after 25 years, or only after 40 years. This judicial discretion is definitely an improvement on many other bills introduced by the Conservative government.

That said, one can read a bill and wonder whether it will achieve the goal stated by the member. During oral question period, the parliamentary secretary said that this legislation would greatly reassure victims. When we work on these issues, we always try to put the interests of the victims first.

However, because of the legal context, the laws that we rely on and the charters that we must abide by, we must ensure that our legislation will successfully meet the tough challenges that lie ahead.

The government should have learned some lessons from the recent decisions of the Supreme Court, including the one on the Senate, which it lost by a count of 8-0; the Summers decision on April 11 on pre-sentencing credit, which the government lost by 7-0; and the Khela decision on prisoner transfer, which it lost by a count of 8-0. I do not include the Nadon ruling, because no legal principle is involved in this case. Still, the government suffered a 6-1 defeat. It also lost 8-0 in the Whaling decision on early parole. Again, we ask the government to pay attention to existing laws.

When I rise in the House in my capacity as justice critic for the official opposition, I do not do so to irritate Canadians or my Conservative colleagues who are introducing bills. In fact, I have actually supported an impressive number of their bills. I have recommended that my caucus colleagues support certain government bills and even some private members' bills introduced by Conservative members.

In this case, the government would have victims believe that this bill will solve their problems. However, victims do not really have a problem with the sanctions. Let me make that clear right away: the problem with Bill C-587 does not have anything to do with the sentences per se.

Since we are talking about extremely serious crimes, such as abduction, sexual assault and murder, we are certainly not talking about minor offenders, such as people who rob convenience stores. We are talking about hardened criminals like Clifford Olson and Paul Bernardo. Everyone, including the victims, knows that these offenders are in jail for life. Is that clear enough? When they get a life sentence, that means they are in jail for life.

However, our legal system, our charter and our international conventions allow offenders to appear before the Parole Board of Canada.

The board will not free these people if they pose a risk. The public is not at risk just because an offender has been released. The problem—and the hon. member may be right about this— is that it is painful for families and victims to have to relive the unforgettable horror. Even if offenders cannot appear before the parole board for 40 years, victims will still be reliving the horror of their experience as though it happened yesterday. One does not just forget about these things overnight.

That being said, let us think about what would happen if the bill were to pass. The judge would ask the jury if it had any recommendations to make in the case of vicious murder.

I would just like to say, incidentally, that I am also concerned about the fact that these three crimes must all have been committed. A murder can be vicious even though the victim was not sexually assaulted or abducted. I think it is unfortunate that the focus is being placed on one type of offence when many other offences could easily fall into the same category.

Take the Bernardo case, for example, where the case was proven. I am talking about proving the case, but I would remind members that in the Bernardo case, they did not have to prove rape, kidnapping or anything else. The murders themselves were enough to result in a life sentence. Under this bill, all three will have to be proven. I already see the impact that this will have on trials under way and on what the Crown will have to prove. In my opinion, in an attempt to make life easier for families in terms of attending parole hearings, the member is unwittingly making things more difficult when they need not be.

None of this may happen because the judge could instead hand down a 25-year sentence. He may not feel comfortable with a longer sentence. We are already waiting for Supreme Court decisions to find out if sentences of more than 25 years—such as three consecutive sentences of 25 years, where the person is sentenced to 75 years in prison—are legal in our Canadian system under the Canadian Charter of Rights and Freedoms. There are still some Supreme Court decisions to come. The government may be surprised once again, and that will affect all these cases.

Let us imagine that the jury recommends to the judge that there be no parole for 40 years. That means that there will be an appeal and the parties will go to court. Will that be considered unusual punishment under the charter? There are some concerns about this.

I asked the member the question earlier because, in my opinion, this provision was not included in Bill C-478, which was introduced by our colleague from Selkirk—Interlake. Bill C-32, introduced by the government, does contain provisions to make life easier for victims.

There are ways to make sure that victims do not suffer as they would if they had to go back before the parole board. There are some who do not want to go to the hearings, but there are some who need to go, for the sake of their sanity, to say their peace before the board. I fully respect that. However, I believe it would have been better to do that with Bill C-32. Amendments of this magnitude to the Criminal Code should not be made with a private member's bill, but with a government bill, to ensure there is at least the impression of coherence with this country's fundamental laws.

That is not the case with a private member's bill, whether or not the member is a backbencher. There is no requirement in that regard.

I have serious concerns about this bill, which unfortunately will not do what it claims for victims. It really would be preferable to bring this forward with Bill C-32 and to drop Bill C-587.