That's too bad because, for once, they were brief, succinct and highly convincing. Even at recent meetings, I have still been hesitating, because I consider murder to be an odious crime. Capital murder is still a wilful homicide, planned and executed in cold blood; it is the worst of crimes. Genocide and the like are even worse. Having read the brief submitted by the Canadian Bar Association, I must say I am firmly convinced that we should not change the legislation. I may not have to read what you have written on the subject.
If you have been following our proceedings, you may have noted that I was considerably moved by the testimony of Ms. Thérèse McCuaig, who recounted the circumstances surrounding another of these odious, heinous crimes. It was the worst crime committed by the worst of offenders.
As a member of Parliament, we often visit seniors residences. I always tell them—and they seem to appreciate this—that I am discovering, as I grow older, that there is one faculty that does not erode over time, and it is a person's sensitivity. The proper balance involves not only reason, but also a form of sensitivity. Indeed, I was very moved by her testimony.
I was wondering if I should change my view, but the representations made by the Canadian Bar Association convinced me. There is a very clear response that could be given to Ms. McCuaig. I re-read subsection 745.63(6) of the Criminal Code, which sets the timeframe and answers one of the arguments that also greatly impressed us, which was that victims could be invited to attend proceedings every two years. That subsection reads as follows:
(6) If the applicant’s number of years of imprisonment without eligibility for parole is not reduced, the jury may (a) set a time, not earlier than two years after the date of the determination or conclusion under subsection (4), at or after which another application may be made by the applicant under subsection 745.6(1); or (b) decide that the applicant may not make another application under that subsection.
There is no doubt in my mind… and I, too, have argued many a case in front of a jury. I know of no jury that would have arrived at a similar decision in the case involving the heinous crime that Ms. McCuaig described. No jury would have agreed that he be present.
I fully agree with what you say. If the Minister is claiming that the Canadian public wants this law to be changed, it is important that he realize that we are talking about a decision made by 12 citizens that must be unanimous. How could anyone think that there would not be at least some members of that jury who could be considered representative of the Canadian population? I take comfort in the idea that this law was developed with great care—“carefully designed”, as the Supreme Court said, with a view to attaining the intended objective.
I wanted to say that we were not insensitive—quite the contrary—to the testimony given by victims who appeared before us. I sympathize, within the full etymological meaning of the word “sympathy”, which means to “suffer with”.