Mr. Speaker, I want to thank the member for Cowichan—Malahat—Langford for bringing forward Bill C-235, the respecting families of murdered and brutalized persons act, which would amend the Criminal Code.
The bill is about putting victims' rights first. It would do that through amendments to the Criminal Code, which, as was already articulated very well by our shadow minister for justice, the member for Brantford—Brant South—Six Nations, would increase the parole ineligibility that a jury can recommend to a judge for people convicted of committing the most heinous of crimes, to anywhere from 25 years up to 40 years. The discretionary powers would be given to the judge, who could also take into consideration the offender's character, the nature of the crime and the jury's recommendation to impose the same 25 to 40 years of parole ineligibility at the time of sentencing.
It is important we talk about the fact that this bill is not about increasing stiffer penalties for these sadistic murderers. We are talking about the most depraved of society. We are talking about those who kidnap, rape and kill the most vulnerable, such as children, women and often the elderly. Those who commit some of the most heinous acts are those we are targeting through this bill.
The bill is about saving the families of the victims from having to go through the agony of attending these unnecessary and traumatic parole hearings. We have to remember that somebody who is serving a life sentence of up to 25 years can start applying for parole at year 23. Often, these individuals, who have been incarcerated for committing the most despicable acts of abduction, sexual assault and murder, use this as a way to feed their own depravity by having the families come in, seeing them face to face and having them live through the trauma of what happened. The bill would give the jury and judges the power to make the decision, as defined by the charter and as respected under our common law, to determine whether to give 25 to 40 years of parole ineligibility.
I originally drafted this bill back in 2013, when it was tabled as Bill C-478 in the 41st Parliament. Later that year, in 2013, I was promoted to parliamentary secretary, so I was not allowed to carry forward the bill. It was dropped and was then picked up by one of our former colleagues, Colin Mayes, a former British Columbia member of Parliament, as Bill C-587. It passed second reading and was supported by the Liberals, the NDP and some independents, along with the Conservatives, on September 24, 2014.
In 2016, I reintroduced the bill as Bill C-266 after the election, and it passed second reading on May 16, 2019. Again, the Conservatives and the Liberals supported it. That bill made it through committee and came out in 2019, but of course in 2019 we had another election, so it was lost.
In 2021, it was retabled as Bill C-267 by the member for Stormont—Dundas—Glengarry and was also presented simultaneously at that time in the Senate by then senator Pierre-Hugues Boisvenu, as Bill S-224.
In the 44th Parliament, in 2022, I retabled this bill as Bill C-296, but it was way down on the Order Paper and of course never made it through. In this Parliament, here in the first draw, I am glad to see that my friend from Cowichan—Malahat—Langford has picked up this bill and is running forward with it, with some very personal experiences on this as well from people in his riding who have been impacted.
I want to talk about the nexus of why I did this. Back in 2009 and 2010, we were hearing about the terrible abduction, rape and murder of Tori Stafford. In 2010, Terri-Lynne McClintic was arrested and prosecuted. Then Michael Rafferty, her partner in crime for this horrendous and disgusting act, was sentenced in 2012.
During this time, while I think all of our hearts were breaking listening to this story as it played out on the airwaves, Clifford Olson was dying from cancer in prison. I heard Sharon Rosenfeldt talk on the radio about how the murderer, who killed a number of children, impacted them. When he was getting ready for parole board hearings, he would send letters to the families of the victims and describe in detail how he tortured, raped and killed their children.
It is because of that sadistic behaviour, the tormenting of families and the use of parole board hearings to feed his own sick appetite, that it became clear that we had to do something to protect the families. I knew full well that both Michael Rafferty and Terry-Lynne McClintic were going to be eligible for parole sometime around 2033 because they killed Tori Stafford.
I believe that all Canadians would consider it unacceptable that families have to go through this ongoing saga of parole board hearings every couple of years and that these monsters who stole their loved ones and killed them sadistically continue to have the opportunity to retraumatize the families.
There have been a number of legal arguments about increasing parole ineligibility, consecutive sentencing and the like. I can say that this bill was fashioned after Bill C-48 in the 40th Parliament, the protecting Canadians by ending sentence discounts for multiple murders act, as well as Bill S-6 from the 40th Parliament, which also provided parole ineligibility at the discretion of the courts, and that is charter compliant.
I want to read into the record some of the quotes that we have heard over the years.
Susan Ashley, whose sister Linda Bright was murdered in 1978 by Donald Armstrong, 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”.
She did an interview in the London Free Press back in 2012. Susan stated, referring to Donald Armstrong, “He cannot be fixed. And to put him in the community, it's a public risk to any woman that he can have access to. My family and myself, we really don't want to see another family victimized like we were. It's a terrible thing to have to endure, it's a lifetime of pain and suffering.”
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've had to do in the last 20 years”.
Gary Rosenfeldt, Sharon Rosenfeldt's husband, who was a stepfather to Daryn Johnsrude, said publicly, after going through a number of parole hearings against Clifford Olsen in 1997, 2006 and 2010, 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.”
Darlene Prioriello was abducted, raped, mutilated and murdered by David James Dobson back in 1982. Darlene's sister, Terri, said this about having to go through these unnecessary, repetitive and painful 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.” In the Toronto Star, in talking about her mother reading her victim impact statement, she said, “I listened to her read it and it was like she was burying Dolly all over again. It was so upsetting for Mom. She cried. Families shouldn't have to go through this all over again.”
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.”
I ask that all members of the House allow this bill to get to committee so that we can stop the revictimization of families by these monsters who are convicted and will never qualify for parole.