Our review of the amendments suggests the following conditions and principles are in play that ensure that these amendments are constitutionally viable. The ability to proceed summarily continues to exist for those offences where this option was already in place. The escalation of the minimum sentence occurs only where the offender has previous convictions for just these firearm-related crimes. We believe the sentence escalation is proportional and appropriate. Where an offender has not committed one of the listed offences for a period of 10 years, the escalating structure of sentencing for repeat offences is no longer applicable. Finally, the same incredibly generous parole laws, including automatic statutory release at the completion of two-thirds of a sentence--except for the tiniest minority of dangerous inmates--is still in place.
Our suggestions for specific changes to the proposed amendments are as follows. As the legislative summary points out, it is unclear why manslaughter and criminal negligence causing death are not treated the same way as the other eight most serious firearm offences. As the summary indicates, this is “particularly so, given that previous convictions for these two offences count for sentencing on the remaining eight”. It's our recommendation that those two offences are included in that most serious list for the up to 10 years.
In addition, building on what Ms. Barnes said, we are also unclear why a regular firearm has not been included along with the restricted or prohibited weapon in terms of the five-year sentence. We suggest you amend that same section and just include the regular firearm with restricted and prohibited, making them all five years along with the organized crime one. Just fix it there; it's already at four, so make it five.
Moving to the two new offences, the creation of new offences where other appropriate offences already exist is something that I often view with skepticism. Much like the practice of increasing maximum sentences, they often are measures designed to give the impression of getting tough on crime. More often than not, nothing could be further from the truth.
In the case of these two new offences, like Chief Blair and Mr. Bryant, we support them. We know the end result of these thefts, these break and enters, and these robberies. In light of the fact that they include escalating mandatory minimum sentences, we think those are appropriate additions. For that reason we support their inclusion.
The best way to put all of these in perspective is to take one of these proposed sections and illustrate how it might work in the real world. An offender shoots somebody with a handgun and is convicted of attempted murder because he almost kills him. The minimum mandatory sentence is five years, which he receives. He gets out of jail and commits the same offence again, or one of the other nine most serious of crimes, again committed with a firearm. So he almost kills somebody again. This time the minimum is seven years. He gets out of jail and does the same thing. Remember, it still has to be the same crime or one of the other nine most serious crimes. This time the minimum is 10 years.
Against the backdrop of our excessively generous parole laws and these kinds of offenders, who almost certainly have lengthy criminal records with other convictions, are these sentences really out of whack in terms of the gravity of the offence? We ask you to reflect on that.
Finally, we are encouraged by the comments of the member for Winnipeg Centre, Mr. Patrick Martin, who has seen his community ravaged by gun crime and who recognizes that this public safety legislation will help tackle this growing problem.
In addition, we are heartened by the public policy statements of at least two of the three opposition parties calling for enhanced mandatory minimum sentences in the lead-up to the last election. We trust that those views have not changed since then.
We encourage you to consider the two minor amendments we have recommended with respect to the most serious section. With or without these two amendments, the CCAA supports speedy passage of this legislation, and we look forward to all-party support to get this bill through the House of Commons and the Senate.
Thank you.