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 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

James Bezan  Conservative

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

Status

Report stage (House), as of June 18, 2019
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

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

May 16, 2019 Passed 2nd reading of Bill C-266, An Act to amend the Criminal Code (increasing parole ineligibility)

Respecting Families of Murdered and Brutalized Persons ActPrivate Members' Business

February 5th, 2019 / 5:35 p.m.
See context

Conservative

James Bezan Conservative Selkirk—Interlake—Eastman, MB

moved that Bill C-266, An Act to amend the Criminal Code (increasing parole ineligibility), be read the second time and referred to a committee.

Madam Speaker, it is a pleasure for me to rise to speak to Bill C-266, an act respecting families of murdered and brutalized persons. This bill would amend section 745 of the Criminal Code.

This bill has been before the House before. To quote one of my previous speeches in the House, from 2014, in this bill I want to empower 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.”

The bill is not about creating stiffer penalties for sadistic murderers. These depraved convicts do not qualify for parole. My bill is about saving the families of the victims from having to go through the agony of attending unnecessary and traumatic parole hearings.

Let us be perfectly clear. Bill C-266 is not about mandatory minimum sentencing. The bill is in compliance with section 12 of the Charter of Rights. It is based on the discretion of the presiding judge through a recommendation to the jury. A judge could set parole ineligibility of between 25 and 40 years. It would not be prescribed where in there it would fall. The judge would have the discretionary power to make it anywhere from 25 years of parole ineligibility to 40 years.

This legislation is modelled after a bill brought forward in a previous Parliament, Bill C-48, the protecting Canadians by ending sentence discounts for multiple murders act, which we are seeing in use today at the McArthur trial as well as for the murderer who committed the mosque massacre in Quebec. That piece of legislation affords judges the opportunity to make the parole ineligibility periods for multiple murderers consecutive rather than concurrent. Most of those convicted of these multiple murders or these heinous crimes of abducting, sexually assaulting and murdering our loved ones never get parole. Therefore, why do we continue to put families through unnecessary Parole Board hearings? There is absolutely no need to re-victimize those families.

As I mentioned, I brought the bill forward in a previous Parliament. It was introduced on February 27, 2013, as Bill C-478. The bill made it as far as the committee stage, when I was appointed parliamentary secretary, so I had to withdraw the bill. Colin Mayes, our former colleague from B.C., then picked it up as Bill C-587. That bill made it through committee and came back to the House at report stage and third reading on June 2, 2015. Of course, it never made it to the final vote before the House recessed and the election took place.

This legislation would amend section 745 of the Criminal Code, as I have previously said. Increasing parole ineligibility from 25 years to 40 years would save families from having to go through the process of attending unnecessary Parole Board hearings and making victim impact statements, which are traumatic, to say the least, and heart-wrenching for those families. The bill would eliminate eight unnecessary Parole Board hearings families would have to attend.

Sadistic murderers often apply for parole every two years, starting at year 23, for the sole purpose of toying with the families, of revictimizing them and making them relive the gruesome killings that were committed.

The bill would change a number of subsections under section 745. It would be based upon the recommendation of a jury. The bill says that a judge would ask a jury at the time of sentencing if it wished “to make any recommendation with respect to the number of years that the accused must serve before the accused is eligible for release on parole”. When the jury was passing judgment, it could also recommend what the parole ineligibility could be. The judge would have discretion as to whether to accept that, and he or she could set it at a level he or she found appropriate. Judges on the board, when determining parole ineligibility, must have regard for “the character of the offender, the nature of the offences and the circumstances surrounding their commission”.

Over the years, I have had the pleasure of working with a number of people on the legislation, along with Colin Mayes, the former member of Parliament from B.C. In the other place, Senator Boisvenu was a big help on this over the years. He founded an organization called Murdered or Missing Persons' Families' Association. This is something that he is incredibly passionate about.

Sharon Rosenfeldt's son Daryn was murdered by the notorious Clifford Olson and her organization is Victims of Violence. Susan Ashley is the sister of Linda Bright, who was killed by Donald Armstrong. Terri Prioriello's sister Darlene, also called Dolly, was murdered by David James Dobson. The organization Canadian Parents of Murdered Children has provided input over the years. This goes back some time.

I was interested in doing something for families. At the end of 2009-10, members will remember the terrible abduction, rape and murder of Tori Stafford. Terri-Lynne McClintic was arrested and prosecuted in 2010 and Michael Rafferty in 2012. During that time, while my heart was breaking listening to the Tori Stafford story, Clifford Olson was dying from cancer in prison and Sharon Rosenfeldt talked on the radio about how this killer had impacted her family over the years. He sent letters describing how he murdered her son Daryn. Because of that type of sadistic behaviour, tormenting families and using Parole Board hearings to feed his own sick appetite, it became clear to me that we needed to do something for families.

I knew full well that both murderers of Tori Stafford, Michael Rafferty and Terri-Lynne McClintic, will be applying for parole in the year 2023 after the murder in 2009. I think all Canadians would consider it unacceptable that families have to go through this ongoing saga of Parole Board hearing after Parole Board hearing.

We need to make sure the legislation targets the most depraved of society, the sadistic murderers out there who often prey on children and the most vulnerable, those who abduct, sexually assault and murder, often in a very gruesome manner. We are talking about people like Robert Pickton, Russell Williams, Michael Rafferty, Clifford Olson, Paul Bernardo, David James Dobson, Donald Armstrong, Luka Magnotta and we are watching the McArthur case unfold now in Toronto. This would apply to those individuals, particularly those who do not get consecutive life sentences. They could be given a 40-year sentence before they could apply for parole.

It is important that we talk about some of these families, like the family of Linda Bright, who was just 16 when she was abducted by Donald Armstrong in Kingston back in 1978. He has applied for parole numerous times. I have been talking to Susan Ashley, Linda's sister, and she said about the Parole Board hearings in the past, “My heart breaks having to live through this again. My heart breaks having to watch my Mom and Dad drag up their thoughts and pain from that deep place inside them where they tuck their hurt away”.

Linda's mother, Margaret, said during her victim impact statement, “This is not fair. We should not have to relive our tragedy. When I remember my daughter, let me remember her as a little girl. Don't make me think about the other awful time in 1978.... Let me tell you this has been the most difficult thing I have had to do in the last twenty years.”

Gary Rosenfeldt, who was Johnsrude's stepfather, has now passed away. His wife is Sharon Rosenfeldt. He said publicly, after going through a number of Parole Board hearings in 2006 and 2010, and even back in 1997, when there was still the faint hope clause, “What's really horrendous about this is this is only the beginning. We're going to have to do this every two years as long as Olson lives, and this is a very painful experience for myself, my family.”

It should be noted that Clifford Olson died in prison. He was never paroled. These individuals do not get parole.

Darlene Prioriello was abducted, raped, mutilated and murdered by David James Dobson in 1982. He is at the Bath Institution. Darlene's sister Terri has said this about having to go through these painful, repetitive and unnecessary Parole Board hearings: “Families have already been victimized once. They shouldn't have to be victimized every two years. Having to face a loved one's killer and to read what he did to her and how her death has affected our lives is something nobody should ever have to do once, never mind twice.” Unfortunately, that goes on.

We have had the Library of Parliament research how these murderers have been treated in prison and whether or not they have ever received parole. The best we can find is that some of them have been given day parole or temporary leave. They have never, ever been released back into the public on full parole. They are serving life sentences, and they will continue to do that.

A lot of people wonder how I came up with the 15 extra years in the 25 plus 15. Murder is 25 years without parole, abduction is a maximum of 10 years without parole, and sexual assault is a maximum of 4.6 years without parole. Added together, we get 40 years.

Let us be clear that I am not saying we are setting mandatory minimums, taking it up to 40 years. It is anywhere in between. The judge and the jury decide where the parole and eligibility should be set. It could be 25 years, 30 years, 35 years or 40 years. It is up to the judge and the jury to make those decisions. By respecting the independence of the court we are in compliance with chapter 12 of the charter.

We have seen this type of approach being taken with previous legislation. This judicial discretion is incredibly important, because the judge will take that recommendation, along with the regard he has to have for the character of the offender, the nature of the offences and the circumstances surrounding their commission. If the jury chooses, it can provide input as well.

I am looking forward to hearing the position of the government on this, as well as that of the NDP, but I am appealing to all members of the House to support the bill.

It should be noted that in the previous Parliament, all Liberals voted yes at second reading for this legislation. Many of them sit on the benches today, and are still here.

I want to make sure people understand that these depraved murderers, these brutal and sadistic members of society, will never be released back into society. They are not going to be released. The Parole Board of Canada continues to hold them in institutions, knowing they are dangerous offenders who potentially could reoffend, because so often they are psychopaths. Therefore, let us ensure we are not revictimizing those families by having them go to all these unnecessary Parole Board hearings and relive the murder and brutal details of how their loved ones were killed, all to the gratification of those incarcerated psychopaths.

I ask that everyone support this legislation. Let us get it to committee and let us hear from the victims organizations, the families who have been impacted and the families who are calling for this. Let us give them some peace. Let us respect their wishes and their lives so they do not have to go on and on living this nightmare.

As Yvonne Harvey of the Canadian Parents of Murdered Children said, “Although I have not personally faced the ordeal of a parole hearing, I have spoken to many individuals who have. I am certain that the primary intent of this bill, to spare the families of victims from having to attend unnecessary parole hearings, would be most welcomed.”

Respecting Families of Murdered and Brutalized Persons ActPrivate Members' Business

February 5th, 2019 / 5:50 p.m.
See context

NDP

Murray Rankin NDP Victoria, BC

Madam Speaker, I appreciate the work of my friend from Selkirk—Interlake—Eastman for bringing forward this initiative.

The member indicated in his remarks that he did not think the bill transgressed the Charter of Rights and Freedoms on the point about presumed cruel and unusual punishment. He claims that there is this discretion available to judges or juries on sentencing, between 25 and 40 years in his scheme. Does the member have a formal legal opinion to that effect or is that simply his idea?

Respecting Families of Murdered and Brutalized Persons ActPrivate Members' Business

February 5th, 2019 / 5:50 p.m.
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Conservative

James Bezan Conservative Selkirk—Interlake—Eastman, MB

Madam Speaker, in the previous Parliament, I discussed this with the Department of Justice, along with the judicial team at the Library of Parliament, to ensure this was in compliance. It falls along the same suit of Bill C-48 from that Parliament, which is still in use today and is in compliance with the charter. This is not about anything that is considered cruel and unusual punishment. This legislation would provide full flexibility and independence to the courts to make those decisions.

Respecting Families of Murdered and Brutalized Persons ActPrivate Members' Business

February 5th, 2019 / 5:50 p.m.
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Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, despite the fact that the bill might be in compliance, as the member has suggested, I am curious if he can explain the process of it coming through the House last time and being voted on. I understand that it sat on the Order Paper for a while. For some reason, it did not move forward from there. Why did the previous government not pick up on it? Is there any insight into why it was not moved along by the former Conservative government?

Respecting Families of Murdered and Brutalized Persons ActPrivate Members' Business

February 5th, 2019 / 5:50 p.m.
See context

Conservative

James Bezan Conservative Selkirk—Interlake—Eastman, MB

Madam Speaker, the legislation I tabled in February 2013 was given second reading June 5, 2013, because that is when it came up in the draw. It was reinstated after the recess. It was already through second reading and referred to committee. I was then appointed parliamentary secretary and as parliamentary secretary, I was not allowed to carry any Private Members' Business.

Therefore, it was picked up by colleague, Colin Mayes, who then brought it back in April 2014. It was then given second reading around that time and referred to committee, after the summer break, on September 24. It came though committee, and if I recall, the committee was jammed up with a number of pieces of legislation. However, it was reported back on April 1, 2015, with report stage on June 2 and third reading at the same time.

Therefore, it came through the normal process of private members' bills. As the member fully knows, often we are lower in priority and have only an hour a day in the House for these types of debates. Government business takes precedence at committee over private members' bills.

I am hoping we can get everyone onside and move the bill through quicker, knowing the time frame we have in front of us, recessing at the end of June.

Respecting Families of Murdered and Brutalized Persons ActPrivate Members' Business

February 5th, 2019 / 5:55 p.m.
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Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Madam Speaker, I want to thank the member for Selkirk—Interlake—Eastman for his leadership in bringing forward the bill.

The fact is that murder is the most serious offence in the Criminal Code, but not all murders are equal. Some are so heinous, so sadistic, so violent that they are really in a special category. As the member pointed out, that is the object of the bill. I agree wholeheartedly with him that it is important that we pass the bill at second reading to get it to committee to hear, as he said, from some of the victims' families and friends.

However, as the member pointed out, the bill was studied at committee in the last Parliament. I was not there in the last Parliament, but I did read the transcripts from the committee, and there was some very powerful testimony from victims. Could the member comment?

Respecting Families of Murdered and Brutalized Persons ActPrivate Members' Business

February 5th, 2019 / 5:55 p.m.
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Conservative

James Bezan Conservative Selkirk—Interlake—Eastman, MB

Madam Speaker, Susan Ashley and Sharon Rosenfeldt were there. It was heart-wrenching for them to be there to talk about how their loved ones had been murdered and how important this legislation was. I hope we can get the bill back to committee as quickly as possible.

However, to go back to the point raised in the previous question, the reason the bill is only coming forward now is because this is when my name came up in the draw. This is why it has been sitting around for three years since I tabled it at first, and we are only getting to second reading now.

Respecting Families of Murdered and Brutalized Persons ActPrivate Members' Business

February 5th, 2019 / 5:55 p.m.
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Karen McCrimmon Parliamentary Secretary to the Minister of Public Safety and Emergency Preparedness, Lib.

Madam Speaker, I rise today to speak to private member's Bill C-266, an act to amend the Criminal Code, increasing parole ineligibility.

The objective of the bill is to protect victims and alleviate their re-victimization by limiting the number of parole applications in which they may need to participate. The underlying assumption of Bill C-266 is that its proposed reforms would spare families from the heartache of reliving the loss of their loved one who may have been murdered in unspeakable circumstances.

As currently drafted, Bill C-266 proposes to modify section 745 of the Criminal Code in order to effect two changes. First, it would make it mandatory for a judge to impose a parole ineligibility period of not less than 25 years for all offenders convicted of the following offences committed as part of the same event or series of events and in respect of the same victim: kidnapping and abduction-related offences; sexual offences; and murder, irrespective of whether it is in the first or second degree.

Second, the bill would provide judicial discretion to set the period of parole ineligibility between 25 and 40 years for the same small subset of offenders who, given the severity of their crimes committed, are truly unlikely to obtain parole in any event.

It should be noted that Bill C-266 is similar to previous private members' bills, including Bills C-478 and C-587. Bill C-478 got through second reading stage and was referred to the Standing Committee on Justice and Human Rights, but it did not get any further than that.

Unlike Bill C-266, former Bill C-478 did not require that the offences for which the offender was found guilty to be committed as part of the same criminal transaction.

Former Bill C-478 was later reintroduced as Bill C-587 by the member for North Okanagan—Shuswap and essentially proposed the same legislative amendments as Bill C-266, except for slight wording differences.

Ultimately, former Bill C-587 was adopted by the justice committee, without amendment, and had commenced third reading debate in the House, but did not proceed further because of the dissolution of Parliament for the 2015 federal election.

I want to take a moment to thank the member for Selkirk—Interlake—Eastman for the laudable objective of the bill. I think all of hon. members of the House can agree that alleviating the trauma, emotional suffering and re-victimization of families whose loved ones have been murdered is a worthwhile cause that merits our full consideration.

Victims have rights at every stage of the criminal justice process, including the right to information, protection, restitution, and participation. These rights, previously recognized by internal polices of the Parole Board of Canada and Correctional Service Canada, are now enshrined in the Canadian Victims Bill of Rights and give clear rights to all victims of crime.

Once victims are registered with the Parole Board of Canada or the Correctional Service Canada, they can choose to receive information on the offender, including but not limited to: the sentence start date and length; and the offender's eligibility and review dates for unescorted temporary absences, parole or statutory release.

Upon further request, additional information could be provided to a victim, including: the date of any Parole Board of Canada hearing and the reason why an offender waived a hearing, if one was given; and whether the offender has appealed the decision of the Parole Board not to grant a release and the outcome of that appeal.

Victims' participation rights include the following: attending the offender's parole hearing or listening to an audio recording of a parole hearing if the victim is unable to attend in person; presenting a written statement that outlines the continuing impact the offence has had on them and any risk or safety concerns the offender may pose and requesting that the Parole Board consider imposing special conditions on the offender's release; and obtaining a copy of the Parole Board's decision, including information on whether the offender has appealed the decision and the outcome of the appeal.

I would like to pause here to highlight Bill C-83, an act to amend the Corrections and Conditional Release Act and another act, which is proposing other legislative changes to better support victims of crime.

Currently, victims who do not attend a parole hearing are entitled to listen to an audio recording of the hearing. However, if victims do attend, they lose their right to listen to a recording. Simply stated, parole hearings can be quite difficult for family members. Despite attending the hearing, they may not always remember everything that was said and may, for a variety of reasons, wish to listen to an audio recording at a later date. I am pleased to know that changes proposed in Bill C-83 would give all victims the right to listen to an audio recording, regardless of whether they attend the parole hearing.

The laws and policies that have been put forward were designed to be respectful of the privacy rights of victims who do not wish to be contacted or receive information about the offender who has harmed them. This recognizes the fact that victims are not a homogenous group; while some victims may choose not to attend or receive information about parole hearings in order to avoid emotional trauma, others will attend parole hearings as a means of furthering their healing and to feel empowered by having their voice heard.

In fact, on March 9, 2015, officials testifying on behalf of the Parole Board of Canada indicated during their testimony before the Standing Committee on Justice and Human Rights on former Bill C-587 that every victim is different and that the Parole Board of Canada also has victims who are interested in attending parole hearings.

Therefore, we need to ask ourselves if the proposed amendments in Bill C-266 are the most effective way of supporting the needs of victims affected by these brutal crimes.

I also wonder, despite the bill's laudable intentions, whether some victims might feel negatively impacted by legislative changes designed to reduce the number of parole hearings they may choose to attend.

I am certain all hon. members would agree that a thorough debate on the impacts of Bill C-266's proposed changes requires consideration of these questions. Also, I would be interested to hear the views of the member for Selkirk—Interlake—Eastman on these points.

It is clear that there are various ways of supporting victims. The changes proposed in Bill C-266 present one avenue for bettering the experience of victims at the very end of the spectrum of the criminal justice process.

As parliamentarians, we should strive to achieve a fair, effective, just and compassionate criminal justice system for all involved. For these reasons, I will be closely monitoring the debate on Bill C-266 and look forward to hearing the views of other hon. members on its potential impacts.

Respecting Families of Murdered and Brutalized Persons ActPrivate Members' Business

February 5th, 2019 / 6:05 p.m.
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NDP

Murray Rankin NDP Victoria, BC

Madam Speaker, I rise today to oppose the initiative of my hon. colleague from Selkirk—Interlake—Eastman on Bill C-266. As members have heard, the bill proposes to increase the period of parole ineligibility from 25 years to up to 40 years for those convicted of heinous crimes such as abduction, sexual assault and murder.

I want to start by saying that I am not here to criticize at all the good faith of the member for this initiative coming forward. Again, this is above politics. I respect entirely his passionate commitment to victims and his not wishing through the parole process to re-victimize the people who have suffered such trauma from these heinous crimes. I therefore respect entirely the initiative and the intention behind it.

On the other hand, there are some significant problems with this initiative. It would do more harm than good, for reasons that I will describe.

My primary motivation for taking this position is that the security of prison workers is at issue. The proposed legislation could further remove the incentive for inmates to behave while incarcerated. This poses serious risks to prison workers and other inmates. The workers who look after our incarcerated population often put themselves in harm's way to do so and they are entitled to a safe workplace. For that reason alone, we cannot support the bill.

Second, as I insinuated in my earlier question for the member, lawyers whom we have consulted have serious concerns about the constitutionality of the bill. First, here is a little history. In 2010, to my surprise, the Liberals and the Conservatives voted to abolish what has been called the faint hope clause. That provided an opportunity for a hearing 15 years into a 25-year sentence. At that time, the NDP opposed what was then Bill S-6 in an effort to keep the faint hope clause alive. As previously mentioned, the rationale was to keep security personnel safe in our institutions.

The member for Selkirk—Interlake—Eastman's proposal would further disincentivize good behaviour in correctional facilities, with the potential of increasing violence toward other inmates and correctional workers. While I am sure that was not the intent whatsoever, this aspect is worthy of our consideration and discussion. Unfortunately, Bill C-266 may present adverse safety concerns.

Providing even a glimmer of hope for parole provides incentives for good behaviour. It reduces the prospect of violence toward other inmates and correctional workers. The bill would remove any foreseeable chance of release for those convicted of serious crimes for up to an additional 15 years, thereby further reducing the rate of rehabilitation.

If someone in prison is serving a life sentence and cannot be eligible for parole until he or she has served up to 40 years, arguably that person has nothing to lose by committing violence in prison. It can create quite a difficult situation for everyone involved. The rationale for the faint hope clause was that it incentivizes offenders to participate in programming and work toward their rehabilitation, which leads to reduced violence and better behaviour toward other inmates and correctional workers.

I do not think this is simply any kind of tough-on-crime initiative. I think it truly is, in spirit, as I said initially, a bill that is trying to look after the victims who do not want to be re-traumatized. I respect that motivation entirely.

In our current system, offenders can apply for parole two years after they are initially denied parole. After that two-year period, they are eligible to reapply after five years. I understand that victims' families are under duress when the convicted individuals have a parole hearing, but we must not forget the safety of those prison workers and other inmates who are exposed to these individuals every single day.

A 2010 internal study by the Department of Justice found that this was the case, that those with nothing left to lose are more likely to resort to violence. That was confirmed in that study, which was discussed in a 2011 article in The Globe and Mail by Dean Beeby. He said, “A key, taxpayer-funded study supporting the faint hope clause never entered that debate because it was not released by the Justice Department.” It came out under the Access to Information Act.

The June 2010 report looked at whether the faint hope clause was working. It concluded that it worked well. The Globe states:

“Overall, the analysis indicates that the faint hope clause is not a free pass for individuals convicted of murder,” says the study....

“Those granted reduced time under faint hope do better in the community than other offenders. Lower recidivism rates from faint hope offenders suggest that decisions to release early are based on fairly accurate assessments of an offender's risk to reoffend.”

There are a couple of obvious points. The Parole Board points out on its website that a life sentence means life. Lifers will never again enjoy total freedom. As well, it is important to note that seven out of 10 offenders are denied parole at their first parole review date. The board has absolute discretion to keep them back if there is a concern. The foremost consideration is the safety of the public. Most offenders released on parole successfully complete their sentences without committing new offences.

In 2013-14, 99% of federal day parole periods and 97% of federal full parole periods were successfully completed by offenders without reoffending. The evidence, it seems to me, is incontrovertible that a gradual, controlled and supervised release is the most effective way of ensuring public safety. That applies to the serious offences we are talking about in this bill as well.

I found it staggering that offenders who were released at the end of their long sentences were four times more likely to be readmitted on a new federal sentence than offenders who completed their sentences on full parole. In other words, it appears that the system, which can easily be criticized like every other institution, is actually working well in this particular context.

Extending parole eligibility beyond the current possible maximum of 25 years may have been possible sometimes in certain situations in the past, but the faint hope clause is no longer there to help mitigate any increase in parole eligibility since Bill S-6 was passed by Conservatives and Liberals in 2010.

I know I am running out of time, but the other point I wanted to make is that there is a concern about the constitutionality of having to wait up to 40 years. I have made the point about safety, but there is also the notion that lawyer Michael Spratt of Ottawa has put forward, which is that by extending it up to 40 years there is a large chance that the bill would be challenged as violating the Charter of Rights and Freedoms.

He also points out that the practical result would be that people would no longer plead guilty because of the fear of that. They would end up finding themselves in the justice system for longer, and the courts would be even more clogged than they are now. The member described how he arrived at the arbitrary period of 40 years. However, it is so arbitrary that I cannot believe a court would find that compelling.

The Canadian Bar Association's criminal law section likewise does not believe that Canadians would benefit from a system where individuals are effectively condemned to spend their entire lives behind bars, with no hope of ever being released.

In conclusion, the introduction of Bill C-266 would, like the abolishment of the faint hope clause and the introduction of consecutive periods of parole ineligibility, remove incentives for good behaviour in correctional facilities, thwart rehabilitation efforts and put the lives of our correctional workers in greater jeopardy. Therefore, the NDP cannot support this provision.

Respecting Families of Murdered and Brutalized Persons ActPrivate Members' Business

February 5th, 2019 / 6:15 p.m.
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Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Madam Speaker, it is a pleasure to rise to speak in strong support of Bill C-266, introduced by my friend, the hon. member for Selkirk—Interlake—Eastman. This is legislation that seeks to amend section 745 of the Criminal Code to provide a judge with the discretion to increase the parole ineligibility period from the current 25 years to up to 40 years for individuals who are convicted of abducting, sexually assaulting and murdering the same victim.

Before discussing the merits of the bill, let me just note that the bill was introduced by the member for Selkirk—Interlake—Eastman in the last Parliament and carried forth by the former member for North Okanagan—Shuswap when the hon. member was appointed parliamentary secretary. It is a bill that passed second reading. It is a bill that was carefully studied at the justice committee. It is a bill that enjoyed the support of both Liberal and Conservative MPs, and it is a bill that simply because of timing did not make it through the last Parliament.

First degree murder is the most serious offence in the Criminal Code. That is why individuals who are convicted of this offence are subject to an automatic sentence of life and are also subject to a parole ineligibility period of at least 25 years.

However, as I noted in the question that I posed to the member for Selkirk—Interlake—Eastman, not all murders are equal. There are some murders that are so heinous, so sadistic, so violent, that they fall into a category unto themselves. That is the object of this piece of legislation. It is directed at those offenders, those individuals who have committed such a heinous crime and whose character is so irredeemable that for all intents and purposes, the only thing that can be done with them is to separate them from society for the rest of their lives.

My friend, the hon. member for Victoria, referred to the faint hope clause. He talked in his speech about the issues around offenders losing hope. Simply put, these offenders have no hope. They have no hope of ever seeing the light of day. However, if they are sentenced to life with a parole ineligibility period of 25 years, unless they are classified as a dangerous offender—a category that has a high threshold and is rarely applied—they would be eligible for parole even though, for all intents and purposes, those applications are dead on arrival.

That has a profound impact on victims. When the bill in the previous Parliament was studied, there was compelling evidence from victims' families, who are also victims. One was from Susan Ashley, whose sister, Linda Bright, was abducted, raped and murdered when she was 16 years old in 1978 by one Donald Armstrong. As Ashley said before the committee, when Mr. Armstrong was sentenced, the family was assured that they would never have to see or hear from him again, but in the end they did have to hear and see him again, because he applied for parole.

Ms. Ashley spoke of the betrayal, horror and the pain her family went through having to prepare for and then observe the parole hearing. Of course, Armstrong was never issued parole. People of Armstrong's ilk are never issued parole. Nonetheless, Ms. Ashley and her family had to go through the process. Theoretically, they could be required to go through the process again and again. Is that just? Is that fair? Is that compassionate? It is not.

My friend from Victoria raised issues about section 12 of the charter. There is precedent for this legislation in the way of Bill C-48, which provides for consecutive sentencing for individuals who are convicted of multiple murders. It has been applied on a number of occasions in courts across Canada since its passage. Some of the horrific cases in which it has been applied include the case of Douglas Garland in my province of Alberta, and of Derek Saretzky, another horrific Alberta case.

About the only thing just that came out of those horrific trials was the fact that those individuals were put away for the rest of their lives, and the victims' families had the assurance that they would never have to go through the process of a parole hearing to relive the horrors of what the likes of Saretzky and Garland did to their loved ones.

While there is consecutive sentencing for multiple murderers, what we do not have is a regime that can provide appropriate discretion in appropriate cases by judges to hold those most particularly evil killers accountable and spare families unnecessary parole hearings.

One perfect example of that is in relation to Tori Stafford's killer. He was 28 years old when he was convicted. That means he will be eligible for parole at the age of 53. Make no mistake, when Justice Heeney sentenced him to life without eligibility of parole for 25 years, he characterized that individual as a “monster”. He is not going to see the light of day, but he will be entitled to a parole hearing at the age of 53 and then every two years thereafter. If he lives until the age of 80, Tori's family could be subject to 14 or 15 parole hearings. How is that fair, how is that just and how is that compassionate? It is not.

The law needs to be changed, and Bill C-266 would change the law in the right direction for victims.

Respecting Families of Murdered and Brutalized Persons ActPrivate Members' Business

February 5th, 2019 / 6:25 p.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, as I have indicated in the past, it is always a privilege to share some thoughts on important pieces of legislation and motions that come before the House.

I listened very closely to my colleague across the way as he introduced his proposed legislation. He talked a great deal about the issue of parole hearings.

I could not help but reflect on another initiative the government brought in. I believe it was Bill C-83. Through this bill, the government made some changes regarding audio recordings in parole hearings. In the past, if a criminal was up for parole and a victim of sexual assault, for example, wanted to listen to the parole hearing in person, that individual would not be allowed an audio copy of what took place at the parole hearing. Through this legislation, the government recognized that as a problem and made the necessary correction.

I mention this because I believe that if members take a look at the issues in justice and at the legislation we have brought forward in the last three years, they will see that there is much legislation that takes victims into consideration, and that is just one example. Today, as a result of that legislation, the victim of a sexual assault would be be able to go to a parole hearing and listen and also request an audio recording of it so that nothing would be missed because of the atmosphere the victim might have been placed in when listening at the parole hearing.

That is one piece of legislation. We had another piece of legislation dealing with victims. We reformed the way our military laws were being dealt with to ensure that they conformed with the Criminal Code. A Victims Bill of Rights was incorporated into the legislation.

I use these cases as examples because I have found, when in opposition and even in listening to the current Conservative opposition, that at times the Conservatives seem to want to use our justice system and the law as a way to create wedges and to look tough on crime. It is that sort of mentality.

A good example of this was referenced earlier today. In his speech, my colleague talked about first degree murder. It is a crime that the criminal courts recognize for what it is: When people are convicted of first degree murder, they are going away for a long time. However, he is right in his assertion that this does not mean that all murders are equal. Some are far more horrendous than others.

Let us stop and think about this. Members will recall that we had a huge debate not that long ago about Tori Stafford. She was the focal point of debate in the House for a great period of time. The government of the day was being criticized because Tori Stafford's murderer was transferred to a medium-security prison facility, and there was outrage from the opposition.

I raise this issue because on the surface, the legislation that is being proposed is fairly compelling in terms of support, but there are a couple of things that come to my mind.

First, the member who brought forward the bill was a fairly influential member of the Harper government as a parliamentary secretary. He was fairly well known among the Conservative benches. No doubt that was one of the reasons why he was elevated to parliamentary secretary. That bill did not proceed. In response to the questions posed to the member, he said that it was a timing issue, that there was not enough time. The bill sat for a lot more time than what he has given this government to deal with it.

One could question why the member feels the urgency is greater today. Was he told something that did not allow the Harper government to proceed with it? I would be very much interested in hearing the ongoing debate on this. Is that a part of what is often the case with the Conservative Party, that it likes to take a tough line?

That is the reason why I am giving the second example, which is the Tori Stafford case. Day after day, opposition members gave the false impression that this Liberal government was going about it in the wrong way. We were asked how we could do that. I heard the same thing at the local restaurant I go to on a weekly basis. People were starting to listen to what the official opposition was saying.

The Minister of Public Safety did great service to the issue when he had an internal investigation conducted and we came up with the right answer.

While some of the research was being done on the Stafford file, we found that under former prime minister Stephen Harper, other murderers had been transferred from high-security to medium-security prisons. These murderers committed not only first degree murders, but some of them committed multiple murders. After the Conservatives realized the double standard, it then became a marginal issue.

The Government of Canada did what it was supposed to do. The minister said that he would look into the matter and come back to the House, and he did. We were able to rectify the problem.

This Liberal government has been very sensitive to victims of crime with respect to the legislation we have brought forward. We have been progressive in our way of dealing with individuals in our jails. Unlike the Conservatives, we recognize that a good number of those who are in jails today will be back in our communities. Many of the reforms we have made will ensure that we have fewer victims in the future.

Our government has treated the public safety file seriously. We have not reacted to the degree the opposition has at times, which has not been in the best interests of public safety.

I listened to what the member said about this legislation. I am interested in hearing further debate on it, as this is only our first hour of debate. I would like to hear particularly from some Conservative members as to why they believe Stephen Harper did not recognize the value of the legislation, as it sat on the Order Paper for a few years.

I would also like to hear a response as to why the minister responsible at the time did not incorporate this in some of the judicial legislation that the Conservatives brought to the House. Why did the Conservative public safety minister not see fit to address this? Maybe we are missing something.

I can assure the House that the government is listening, will continue to listen to the debate, and will ultimately make a determination as time goes on.

Respecting Families of Murdered and Brutalized Persons ActPrivate Members' Business

February 5th, 2019 / 6:35 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

The time provided for the consideration of private members' business has now expired and the order is dropped to the bottom of the order of precedence on the Order Paper.

The House resumed from February 5 consideration of the motion that Bill C-266, An Act to amend the Criminal Code (increasing parole ineligibility), be read the second time and referred to a committee.

Respecting Families of Murdered and Brutalized Persons ActPrivate Members' Business

May 9th, 2019 / 4:45 p.m.
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NDP

Irene Mathyssen NDP London—Fanshawe, ON

Mr. Speaker, New Democrats support progressive crime and justice legislation that seeks to reduce instances of violent crime and offer chances to increase rehabilitation for those convicted, all the while upholding the Canadian Charter of Rights and Freedoms.

In our 2018 policy paper, adopted by democratic convention, New Democrats clearly stated absolute support for the following: investment in crime prevention, with a focus on at-risk youth and gangs; support for community and not-for-profit organizations active in crime prevention; emphasis on rehabilitation and reintegration wherever possible, particularly for treating addictions; maintenance of a youth criminal justice system that is distinct from adult courts; support for restorative justice initiatives, including redress and restitution whenever possible; safeguards for the rights, health and dignity of prisoners; adaptation of sentencing rules to allow, under judicial discretion, more severe sentences for violent crimes; strengthening the rules for sentencing dangerous offenders; and the prohibition of reinstatement of the death penalty.

Legislation like Bill C-266 tries to create the appearance of a tough-on-crime stance without addressing the issues at the heart of the matter, and that is the reason we will not be supporting this bill. How could we, when it misses the entire point of protecting the public and does nothing to prevent recidivism?

In contrast to Conservatives, who believe in tough-on-crime policies that please their base and do little to reduce crime, and in fact cost so much more, New Democrats believe that our criminal justice system should be structured around the principles of restorative justice. Canada's justice department defines restorative justice as a strategy that “focuses on repairing the harm caused by crime, while holding offenders responsible for their actions. A restorative approach is being used in different criminal justice cases across Canada. When effectively used [and supported by governments], restorative justice can lead to better outcomes for victims and offenders and reduce the number of cases that go to trial.”

The Conservatives may be able to fundraise by claiming that progressives are soft on crime, but restorative justice is not soft on crime. It is effective, both in terms of costs and in terms of reducing the potential for traumatizing victims. We know, for instance, that there is empirical evidence to prove that when a restorative justice framework is applied in a conviction, the victims are more satisfied with the outcome than when restorative justice is not employed. Restorative justice substantially reduces repeat offending for many, many offenders. It helps reduce post-traumatic stress symptoms in victims and the related public and private costs. It often results in a reduced desire for revenge on the part of victims against their offenders, and it helps reduce the cost of administering the criminal justice system.

Bill C-266 is not based on the principles of restorative justice. It proposes to increase the period of parole ineligibility from 25 years to up to 40 years for those who are convicted of abduction, sexual assault and murder of an individual in a single event or a series of events. While we absolutely understand that this bill is designed to protect the victim's loved ones from appearing at parole sentencing, it removes any foreseeable chance of release and therefore reduces the potential for rehabilitation. It is an approach that stubbornly refuses to take into account any and all circumstances regarding the offending individual.

There is also the question of whether this bill would stand up to a charter challenge. As life sentences are currently viable only with parole to 25 years, and with the abolishment of the faint hope clause, any longer sentence may fall under inhumane and degrading punishment. The Harper government fulfilled its 2011 election promise to abolish the faint hope clause, which allowed prisoners sentenced to life imprisonment with a parole eligibility period greater than 15 years to apply for early parole once they had served 15 years.

To compound this situation, the legislation before us serves to remove good behaviour as an incentive in correctional facilities, which of course increases the potential of violence toward other inmates and correctional workers. We should absolutely be concerned about the safety of correctional workers.

In Canada, the constitutionality of indefinite detention imposed by life sentences is based on the potential for eventual release on parole. This has resulted in the 25-year maximum before eligibility for parole. In the past, courts have allowed, on a case-by-case basis, sentences where eligibility exceeded 25 years. This gave the courts the needed discretion in the most serious crimes involving dangerous offenders and in situations where the full 25-year sentence was not appropriate. However, this was prior to the abolishment of the faint hope clause. Now that the faint hope clause is no longer in effect to mitigate increases in eligibility periods beyond the 25 years, any increase beyond that would likely be deemed unconstitutional and cruel and unusual punishment.

Harper's Bill C-48 passed in 2011 and was used only four times to issue 75-year parole ineligibility. All four of these cases are currently under appeal. One has been challenged in Alberta's court of appeal because of constitutional concerns. Legal experts expect to see the case appear at the Supreme Court of Canada in the coming years due to the length of sentences that could be unconstitutional.

As I am sure members will recall, the rationale for the faint hope clause was to incentivize offenders to participate in programming and work towards rehabilitation. This, in turn, leads to reduced violence and better behaviour towards other inmates and our correctional workers. Inmates with nothing left to lose are more likely to resort to violence and to be more difficult to manage in the prison population. In 2010, internal studies by the justice department found that this was precisely the case, with lower recidivism rates among faint hope offenders and better behaviour in the community.

The faint hope clause was not a free pass to parole. Canada is very selective in who is granted parole. It is very rare for those who are convicted of the most serious crimes to ever be granted parole. Those who are granted parole have shown good behaviour and are less likely to offend than the general population of Canada. It is fascinating that the rates of offence are below those in the general population.

It is more humane and much cheaper to release those who qualify for parole than to keep them behind bars. Those who were given life sentences who are paroled are still supervised until their deaths, with regular reporting to parole officers.

It is also worth pointing out that despite opposition from Canada's defence lawyers, the repeal of the faint hope was supported unanimously by Conservatives and Liberals alike. The NDP and the Bloc opposed it, of course.

Much like the abolishment of the faint hope clause and the introduction of consecutive periods of parole ineligibility, Bill C-266 would remove the incentive for good behaviour in correctional facilities and thwart any possibility of rehabilitation. It would create tension in Canada's prisons, and prisoners and correctional officers would be endangered.

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 sentences...of being released into the community and contributing to society, provided that their behaviour while incarcerated makes them deserving of such a privilege.

We understand the trauma that victims' loved ones face when an offender is eligible for parole, but we cannot support legislation that will do more harm than good. We must take into consideration the fact that this legislation proposes a solution that is likely to be deemed unconstitutional.

We believe that our justice system should be structured for the best possible outcomes, and this particular bill would not achieve that.

Respecting Families of Murdered and Brutalized Persons ActPrivate Members' Business

May 9th, 2019 / 4:55 p.m.
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Conservative

Rob Nicholson Conservative Niagara Falls, ON

Mr. Speaker, I am pleased to address Bill C-266, an act to amend the Criminal Code with regard to increasing parole ineligibility.

I want to begin by thanking the member for Selkirk—Interlake—Eastman for introducing the bill. It is certainly consistent with his great record here in Parliament. I was pleased and honoured when I served as Minister of National Defence and he was parliamentary secretary. He worked very hard to see that justice prevailed in every possible opportunity, whether it involved Ukraine or Iranian human rights and democratic issues.

The member has always stood up for the rights of victims, and I support and laud his efforts here in Canada and abroad. He was one of 13 Canadians banned from travelling to Russia under retaliatory sanctions imposed by Russian President Vladimir Putin in 2014. I loved his retort to that. He said, “Sanctions by Russia will not silence me standing up for Ukraine. This is a badge of honour for all critics of the Crimea Invasion”.

This is what this legislation is all about: standing up for what is right.

I have to tell the House how proud I was as defence minister when he went personally to Ukraine to help get the equipment and all the supplies that people in Ukraine needed. I remember seeing him on television and thinking what a great moment it was for a member of Parliament and for him personally.

Under Stephen Harper, I was justice minister for six and a half years. One thing about the Harper administration is that it was completely consistent in standing up for the rights of victims. We did not hear too much from the NDP about victims, but it was certainly a priority of the Harper government to make sure that people had confidence in our criminal justice system.

I had the opportunity to meet with many victims over the years. I remember the grandparents of one of Clifford Olson's victims telling me how awful it was that Clifford Olson was not even prosecuted for the murder of their grandchild. Why? It was because it was already locked in. He received 25 years with no parole, so the Crown decided not to proceed.

How did that make the family feel? They told me they were victimized themselves, because there was no justice at all for their grandchild.

As a result of those kinds of cases, our Conservative government introduced the possibility of consecutive sentencing, which again is up to the courts to decide. It is not mandatory.

The first case involving consecutive sentencing was in New Brunswick, after three members of the RCMP had been murdered. The person convicted of that crime became ineligible for parole for 75 years, and I did not get one email. There were no letters, no phone calls, no demonstrations whatsoever from people who thought it was a bad idea that this individual would have to basically spend the rest of his life behind bars.

It was the same with the faint hope clause, which we heard quite a bit about. I have to disagree with the hon. member as to why that legislation was put in.

I remember the day I introduced that bill in Parliament. I went outside for a scrum, just outside the House of Commons chamber. I remember one reporter asking me if I thought people were going to stop committing murder now because they would not be eligible for the possibility of parole after 15 years. I told her the truth. I said I was not sure why anybody would commit murder, that it was a mystery to me, but I told her that what I did know about the bill was that it would reduce victimization of the people who have suffered because of what someone else had done.

Here is what was happening: No matter how disgusting the individual was and how unlikely it was that he or she would get parole, many times they would apply after 15 years. The families would tell me they were victimized again. They told me they were worried and upset at the possibility of the person who killed a member of their family getting out.

Their victimization does not stop there. It would happen again after 17 years, 19 years, 20 years, 21 years, 23 years. Every time it came up, they would tell me the same thing: How awful it was that there was a possibility that the person could be released.

When we introduced the bill to get rid of the faint hope clause, we were thinking about victims. That is who we were standing up for. That is what wanted to do during our time in government.

There is another part to this. If people see sentences that do not align with the seriousness of a crime, people's confidence in the criminal justice system will be reduced. It is absolutely vital that Canadians have complete confidence that the criminal justice system will do the right thing. If the penalty for people who commit terrible, serious crimes does not align with those crimes, people's confidence in the criminal justice system will be decreased. This is not what we need.

One of my constituents, a woman by the name of Marcia Penner, recently wrote to me about the Tori Stafford case. She said:

“I am writing you today to ask you to fight for the justice of Tori Stafford. The monster (Terri-Lynne McClintic) who took this sweet girls life needs to be put back behind bars where she belongs.”

“As you may or may not remember, I was best friends with Kristen French. Over 26 years later we are suffering the adverse effects of the lack of justice.”

“Please don't let this happen for Tori. Let's fight for her, and keep her killer locked up where she belongs. Behind bars, and away from more innocent children.”

This is consistent with what I have heard over the years.

Members may remember the Bernardo case, which took place in my area. On the 25th anniversary of the death of Kristen French, Donna French and the mother of Leslie Mahaffy went to a hearing. As members remember, both girls were abducted, brutally tortured, raped and murdered by Bernardo and Karla Homolka. When Bernardo was up for the possibility of parole for all his crimes, Debbie Mahaffy stated at the hearing:

We have had to relive Leslie’s pain and horror—our pain and horror, as if it happened yesterday, not 27 years ago.

Leslie’s violent, horrific death changed everything in my psyche and in my life.

I do not want to be in the same room as Bernardo but here I am

She went on to say:

The effect of this parole hearing allows Bernardo to abduct our beautiful memories of Leslie as he had inserted himself and the ugliness of her death into our lives yet again.

Donna French added:

It’s painfully unthinkable that Paul Bernardo’s parole ineligibility did not change by a single second, a single minute as a result of his unspeakable murder of Kristen.

It so diminishes her life. I appreciate that the Criminal Code has been amended to lengthen the parole period, but it is not retroactive.

However, going forward, it will be.

That is why I am supportive of this. I am sure there are members in the Liberal Party who, in the previous Parliament, voted in favour of a bill identical to this one.

I know I am speaking on behalf of my Conservative colleagues when I say that we will continue to stand up for and worry about victims. We will continue to ensure that people can have confidence in the criminal justice system. Our party was all about that in the years we governed. I hope people will support my hon colleague who brought this forward and do the right thing.