Thank you to all the witnesses for your input.
I have a couple of points. We've heard other testimony that when conditional sentencing was introduced--I've heard from some of the witnesses, and you're certainly entitled to your opinion, that the option of conditional sentences should never be taken away. Not too long ago there were no conditional sentences for anything. When they were introduced, the public was told in the debates at the time that conditional sentences would only be used for the least serious offences. This bill still leaves conditional sentences in place for the least serious offences.
I wouldn't want people to be misled. What we've introduced here, even for offences that have a ten-year maximum, where there is the option of proceeding by way of summary conviction or by indictment--what's called a hybrid offence--conditional sentences are still available. On the lower end of the scale, at the discretion of the crown prosecutor, they say, “We'll proceed by summary conviction. A conditional sentence is still available.” That has led people to believe this bill wipes out conditional sentences altogether.
I was interested that the Church Council on Justice and Corrections mentioned deterrence shouldn't even be a factor. Deterrence is one of the principles we use in sentencing, and you're entitled to believe it shouldn't be a factor, but that comment struck a chord with me.
Ms. Prober, since you were left out of the last one, I'll let you comment on this one. In my view, when you see, for example, sexual offenders or someone who is a repeat offender get back out on the street--or if we don't want to use the example of sexual offences, then use property crimes. I've heard a lot of people say this is too broad and includes too many offences. Look at the ones where you can proceed by summary conviction and the conditional sentence is still available. Which of these would a person pull out? We've all had a few laughs about cattle theft, but I would submit that someone who's been a victim of cattle theft or any one of these offences, including property offences, to them that was serious, and they want a message sent. They want their piece of justice and to feel justice was served.
Ms. Prober—and anyone else can comment—on deterrence, are we to believe the possibility of serving time in a penitentiary versus being out on house arrest is of no use whatsoever? Further, what about the benefit to society when someone who hasn't learned a lesson from past run-ins with the law is in jail and is not out on the streets committing either property offences or offences against children, or any other type of offence?
Does anyone have any comment on that?