An Act to amend the Criminal Code (firefighting equipment)

This bill is from the 42nd Parliament, 1st session, which ended in September 2019.

Sponsor

Mel Arnold  Conservative

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

Status

Defeated, as of Feb. 7, 2018
(This bill did not become law.)

Summary

This is from the published bill.

This enactment amends the Criminal Code to establish specific penalties related to the theft of firefighting equipment. It also creates an aggravating circumstance for sentencing if the mischief involves firefighting equipment. Finally, it establishes sentencing objectives in relation to the theft of such equipment.

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-365s:

C-365 (2023) Consumer-led Banking Act
C-365 (2013) An Act to amend the Competition Act (inquiry into industry sector)
C-365 (2011) An Act to amend the Competition Act (inquiry into industry sector)
C-365 (2010) An Act to amend the Canadian International Trade Tribunal Act (appointment of permanent members)
C-365 (2009) An Act to amend the Canadian International Trade Tribunal Act (appointment of permanent members)
C-365 (2007) An Act to amend the Employment Insurance Act (benefit period increase)

Votes

Feb. 7, 2018 Failed 2nd reading of Bill C-365, An Act to amend the Criminal Code (firefighting equipment)

Criminal CodePrivate Members' Business

January 31st, 2018 / 6:55 p.m.

Conservative

Bob Benzen Conservative Calgary Heritage, AB

Madam Speaker, the goal of parliamentarians is to bring forward legislation that is in the interest of society at large and the general protection of everyone in Canada. The ideal would be a situation in which the laws governing us are appreciated by and adhered to by all people equally. However, some in society arrive at the unfortunate conclusion that the law only applies to others. It is in that context that I speak to the specific need for the passage of Bill C-365, a private member's bill introduced by my colleague from North Okanagan—Shuswap.

This important bill seeks to amend the Criminal Code in relation to the protection of firefighters' equipment. These amendments are intended to address a need for better deterrence of some criminal activities we are seeing committed more frequently and which have the potential to place the safety, and even the lives, of Canadians at risk.

Increasingly, firefighters across the country are reporting a rise in thefts and incidents of mischief that target the equipment of these men and women employed to protect us when fire occurs. Alarmingly, firefighters are finding cases in which their equipment and gear has been stolen and vandalized, from the fittings on their vehicles being taken to fire suppression equipment in apartment complexes being ripped out. This trend came to light last year after my home province of Alberta and our neighbours to the west in British Columbia endured catastrophic wildfires.

In B.C. alone last year, wildfires burned well over a million hectares of land. Firefighters mobilizing to battle such blazes found their equipment vandalized or outright stolen. I recall a specific example from last year. In August, crews battling the wildfires that scorched B.C. discovered the theft of their firefighting equipment when returning to the site. The BC Wildfire Service reported a water pump and many fire hoses stolen from the Harrop Creek wildfire site. The agency said the theft of the pump and 10 hoses not only hampered the effectiveness of its firefighting activities but also posed a clear safety risk to the public, especially to the crews working to contain the fires. At a time when more than 100 wildfires were burning across B.C., someone thought this an appropriate occasion to rip off equipment our first responders needed to fight the blazes.

Ken McMullen of the Calgary Fire Department told me recently how the Canadian Association of Fire Chiefs has identified theft and vandalism of equipment as one of the association's official concerns. This is not a theoretical problem. These crimes are happening. They are concerning for our firefighters and jeopardizing Canadians' safety, our properties, our landscapes, and our environment. At critical times when it is needed most, the equipment our firefighters depend on for their dangerous jobs is going missing or being compromised.

It seems a counterintuitive crime in which to engage, since the same people who are stealing this equipment or causing damage to it are often likely members of the same community that will depend on firefighters to protect them in the event of a crisis. However, since common sense or even self-preservation cannot be relied upon to deter such dangerous and foolish crimes, it becomes apparent that more is needed to do in law.

It concerns me that some of my colleagues across the way do not share this view. They are always careful to acknowledge the difficult work firefighters do, but still signal they will not support this bill, which, by the way, has the backing of every major organization representing the firefighting community in Canada. The Canadian Association of Fire Chiefs, prevention officers, and professional and volunteer firefighters have all endorsed this bill.

I know one might say that there are already clauses in the Criminal Code to deal with such crimes as theft and mischief. Indeed, that was the stance the Parliamentary Secretary to the Minister of Justice took during earlier debate on this bill when he said other avenues are available to address the problem. Yes, theft in general is, of course, already illegal and theft over $5,000 is already punishable with possible jail time, but none of the code's theft offences specifically recognize how theft of property as vital as firefighting equipment can cause actual danger to life.

The potential hazards associated with stealing firefighting equipment go far beyond those of theft in general. Respectfully, I suggest that the parliamentary secretary is missing the point of the bill. The existing avenues he mentions have penalties once injury or death has been caused, but Bill C-365 seeks to prevent such needless injuries and deaths in the first place by subjecting the threat of injury or loss of life to a more stringent penalty. This would provide the deterrence needed to restrict the senseless theft and vandalism of such equipment that will inevitably lead to such injuries and fatalities.

In defending the status quo, the parliamentary secretary is not listening to the tens of thousands of Canadian firefighters who have already indicated their support for the provisions of this bill. He will acknowledge the difficulty of the firefighters' work, and rightly so, but he still stops short of giving them the support they are asking for to do their work.

Stealing firefighters' equipment should be dealt with in a much more serious manner. Stealing a piece of equipment one knows will be used to protect lives, and possibly endangering a person's life by doing so, is not the realistic, moral, or ethical equivalent of stealing something that has material value only, even if the monetary value of the items are equal.

Kevin Skrepnek, a chief fire information officer with the B.C. Wildfire Service, was quoted as saying, “Obviously in any situation the theft of equipment is reprehensible, but especially with what we're dealing with right now.” I absolutely agree with the officer.

Such thefts are indeed especially reprehensible in light of the consequences they can have for innocent people, and acts of mischief related to fire equipment, including increasingly common incidents targeting local fire stations and vehicles, are just as hazardous. Current penalties for such crimes do not adequately reflect the serious consequences these offences could have for the safety of the people we send into action when fire threatens. Since these offences can ultimately cause danger to life, they must be treated in a much more serious manner. A more serious consequence for such crimes would go a long way toward preventing more people from committing such crimes in the first place and would therefore increase the chances that firefighters responding to a blaze would have all they needed at hand to leap into action.

The NDP member for Victoria made the curious assertion during debate in November that penalties do not serve to deter crime. I disagree with this assertion. An individual's second thoughts about just how long he may have to cool his heels in jail go much further to prevent the commission of a crime than more government money to finance public education campaigns that the NDP always proposes in place of penalties. However, even if the member were correct and deterrence did not work in this instance, that does not mean that someone should not actually be punished for crimes he commits.

The summary of Bill C-365 spells out how the bill would offer deterrence value through penalties for the serious crimes of stealing or vandalizing firefighters' equipment. The bill would amend the Criminal Code to establish a new offence for theft of firefighting equipment that causes actual danger to life. It would also create an aggravating circumstance for sentencing if mischief involved firefighting equipment and would establish sentencing objectives in relation to the theft of such equipment.

As the sponsoring member has said, there is a gap in the code “when it comes the denunciation and deterrence of theft or damage to firefighting equipment.”

To close, we must take action to stop these senseless acts of theft and vandalism, which are not petty crimes, based on their potentially deadly impact. These crimes pose threats to the ability of our firefighters to do their jobs and therefore present a real threat to persons and property.

Criminal CodePrivate Members' Business

January 31st, 2018 / 7:05 p.m.

The Assistant Deputy Speaker Carol Hughes

Resuming debate. The hon. member for North Okanagan—Shuswap has five minutes for right of reply.

Criminal CodePrivate Members' Business

January 31st, 2018 / 7:05 p.m.

Conservative

Mel Arnold Conservative North Okanagan—Shuswap, BC

Madam Speaker, it is an honour to rise in response to the debate of this private member's bill, Bill C-365. I thank all members from both sides of the House who have contributed to the debate of this bill. My time today is short so I will move on to my response to the debate that has occurred.

In the first hour of debate in November, we heard from the Parliamentary Secretary to the Minister of Justice and Attorney General,, the hon. member for Eglinton-Lawrence. I appreciate the parliamentary secretary's endorsement in November that this bill was “well-intentioned proposal targeting serious conduct that can endanger the lives of our communities and fire response personnel.”

During the parliamentary secretary's speech, he stated that mischief or theft of firefighting equipment were already captured by the Criminal Code under a number of offences. Although I do not dispute this statement is partially correct, for the sake of this debate, the sake of public safety, and for the sake of Canada's firefighters whom the hon. member appropriately described as “heroes”, I must clarify that while the Criminal Code does contain offences that capture the conduct in question, the code's existing provisions are inconsistent.

That is why I have brought this bill forward, to establish clear and consistent provisions in the Criminal Code for offences involving mischief or theft of firefighting equipment. As the Criminal Code stands today, mischief such as vandalism of firefighting equipment that causes actual danger to life may be subject to a maximum sentence of life if the presiding judge decides that such a maximum sentence is warranted. This is appropriate. This is not a mandatory minimum sentence that we currently see in the code for such mischief. It is an option that prosecutors and judges may pursue or apply if the facts of the case support it.

Currently, there are no such provisions for theft of firefighting equipment that causes actual danger to life. The parliamentary secretary has suggested that criminal negligence causing bodily harm or death are applicable. If criminal negligence causing bodily harm were applied to a case of theft of firefighting equipment, prosecutors and judges would be limited to seeking or applying a maximum sentence of 10 years. This exposes the very inconsistency of the existing Criminal Code that this bill seeks to correct.

Why should theft of firefighting equipment be treated differently from mischief of firefighting equipment, if and when these two offences can have the exact same effect of causing actual danger to human life? Why should theft of firefighting equipment require a death to occur before such theft can qualify for the same maximum sentence carried by mischief that causes actual danger to life? If we truly trust our judiciary to decide an appropriate sentence, why would we hesitate in providing it with consistent sentencing options for mischief and theft of firefighting equipment that cause actual danger to life?

The bill is an opportunity for Parliament to establish clear denunciations of the offence in question, in support of not just our judiciary, but also our firefighters, law enforcement personnel, and Canadian citizens. We know that mischief and theft of firefighting equipment are realities in our society. We know that these offences can cause actual danger to life. We know that law enforcement, prosecutors, and judges are provided inconsistent legal tools for treating these offences, even though the offences can have the exact same effect.

We know that the House has an essential role to play in supporting the continuous improvement and strengthening of the Criminal Code. Let us see and treat this bill for what it is: an opportunity to make the Criminal Code more consistent; an opportunity to clearly denounce mischief and theft of firefighting equipment that cause actual danger to life; an opportunity to provide our judiciary the flexibility to treat these offences consistently; an opportunity to support firefighters who put their lives on the line to protect ours, 365 days a year; and an opportunity to support public safety in every community across our nation for the benefit of every Canadian, the people we all represent. Let us seize these opportunities and not let them pass us by.

Criminal CodePrivate Members' Business

January 31st, 2018 / 7:10 p.m.

The Assistant Deputy Speaker Carol Hughes

The question is on the motion. Is it the pleasure of the House to adopt the motion?

Criminal CodePrivate Members' Business

January 31st, 2018 / 7:10 p.m.

Some hon. members

Agreed.

No.

Criminal CodePrivate Members' Business

January 31st, 2018 / 7:10 p.m.

The Assistant Deputy Speaker Carol Hughes

All those in favour of the motion will please say yea.

Criminal CodePrivate Members' Business

January 31st, 2018 / 7:10 p.m.

Some hon. members

Yea.

Criminal CodePrivate Members' Business

January 31st, 2018 / 7:10 p.m.

The Assistant Deputy Speaker Carol Hughes

All those opposed will please say nay.

Criminal CodePrivate Members' Business

January 31st, 2018 / 7:10 p.m.

Some hon. members

Nay.

Criminal CodePrivate Members' Business

January 31st, 2018 / 7:10 p.m.

The Assistant Deputy Speaker Carol Hughes

In my opinion, the nays have it.

And five or more members having risen:

Pursuant to Standing Order 93, the recorded division stands deferred until Wednesday, February 7, 2018, immediately before the time provided for private members' business.

The House resumed from January 31 consideration of the motion that Bill C-365, An Act to amend the Criminal Code (firefighting equipment) be read the second time and referred to a committee.

Criminal CodePrivate Members' Business

February 7th, 2018 / 6:10 p.m.

The Speaker Geoff Regan

The House will now proceed to the taking of the deferred recorded division on the motion at second reading stage of Bill C-365 under private members' business.

(The House divided on the motion, which was negatived on the following division:)

Vote #443

Criminal CodePrivate Members' Business

February 7th, 2018 / 6:20 p.m.

The Speaker Geoff Regan

I declare the motion defeated.