Good morning, Mr. Chairman and members of the justice committee.
First of all, let me thank the committee for advancing the discussion on my private member's bill, Bill C-464, An Act to amend the Criminal Code (justification for detention in custody). It was introduced on October 23, 2009, followed by second reading on December 4. I look forward to the discussion and your support as we move this important piece of legislation forward.
All of us in Newfoundland and Labrador and many across the country heard the terrible story concerning the murder of a young, upcoming doctor in 2001. Dr. Andrew Bagby was murdered in a Pennsylvania park, and at the time, the police in the United States questioned Dr. Shirley Turner of St. John's, Newfoundland, in connection with the murder.
Soon after, Dr. Turner returned to Newfoundland and made her pregnancy known, with her child of the late Dr. Bagby. Court proceedings followed, and Dr. Turner fought to stay in Canada during an extradition process.
Soon after, Zachary was born to the grandparents Kate and David Bagby, and they moved to Newfoundland to file for custody of their grandson. During the court proceedings, Dr. Turner was granted bail, and Zachary remained in her custody, with the grandparents given supervised visitations.
On August 18, 2003, Dr. Turner took her own life and the life of 13-month-old baby Zachary. While on bail, Dr. Turner jumped into the Atlantic Ocean in Conception Bay South with Zachary, and both died.
Since that time, Kate and David Bagby have been presenting their story and seeking the reform of bail legislation in Canada. In addition, I would be remiss if I didn't acknowledge the efforts of our friend, Kurt Kuenne. Kurt is the producer of a documentary called Dear Zachary: A Letter to a Son About His Father that played throughout Canada and across the national media. I can assure you that this is near and dear to Kurt's heart. He used his talents to have this story told and to promote legislative reform.
Just a year ago, shortly after I was elected, I received an invitation to attend a special screening of the documentary Dear Zachary for senators and members of Parliament in Ottawa. At that time, I had the pleasure to meet and talk with Kate and David and Kurt for the first time.
Watching this documentary and listening to their personal stories had a profound impact. It was shortly after this that I knew my first ever private member's bill would try to advance the efforts of bail reform in Canada. Obviously, I had to come quickly up to speed on the procedures of private members' bills and options for amendments to the Criminal Code of Canada pertaining to bail.
We have to balance the Charter of Rights and Freedoms and we need to have a court system to reflect the requirement to protect the safety of minors while those accused of serious crimes are being considered for bail.
After consultation with Kate and David and discussion of my intentions with my colleagues and lawyers, and working with the legislative branch of the House of Commons, I introduced Bill C-464 on October 23.
In summary, this bill when enacted will amend the Criminal Code to provide that the detention of the accused in custody may be justified where it is necessary for the protection and safety of the accused's minor children.
Bill C-464 is not about me. MPs create a private member's bill for two reasons: to make a political statement, knowing it will go nowhere; and, secondly, if you believe a realistic change can be made and it's possible to make a difference, then you will have success.
Bill C-464 is an accomplishment that reflects the strength and determination of David and Kate Bagby, parents and grandparents of the late Andrew and Zachary. I am delighted that Kate and David have joined us here today. These two amazing people have used their strength and determination to attract the attention of decision-makers and have had them focus upon the need to bring about change to our current bail legislation in Canada.
It is in the memory of Andrew and Zachary that we move this bill forward and do everything in our power to prevent this from happening to another family.
I have pledged my support to the Bagbys and to all Canadians wanting legislative reform within the Criminal Code that will hopefully strengthen bail requirements and achieve a common goal, so that no one has to witness or live through the devastation of losing loved ones in circumstances that are later determined to have been preventable.
Following this tragedy, the Government of Newfoundland and Labrador reviewed and investigated the circumstances surrounding the death of Zachary.
Dr. Peter Markesteyn was appointed to conduct the review and report findings to the provincial government. Dr. Markesteyn has had extensive experience in the conduct of children and adult health death reviews and has been a consultant to the Department of Justice federally. His professional experience includes many years of teaching in the faculties of medicine in several Canadian universities, including the University of Alberta, the University of Manitoba, and Memorial University in Newfoundland. He has also been trained as a consultant by the RCMP training division in Regina, the Atlantic Police Academy in Charlottetown, and the Canadian Police College here in Ontario.
Dr. Markesteyn conducted an exhaustive investigation over a 15-month period, and at the end of his research there were two distinct conclusions: one, Zachary Turner's death was preventable; two, Zachary was in his mother's care when he should not have been.
Although Dr. Markesteyn's mandate did not include a review of federal legislation concerning bail conditions, the provincial minister of justice at the time did bring these findings to the attention of the federal government.
From a tragic ending, we bring this new beginning of bail reform so that no other family has to go through this devastation that Kate and David have gone through so far. During the past short while, we have made considerable progress with the bill. It is my hope that such progress can continue so that we can move my private member's bill through the committee stage and into the House for third reading with minimal required legislative timelines.
Senator Tommy Banks has been part of the debate and the progress of Bill C-464. He has pledged his support and is ready to sponsor this bill for approval through the Senate.
Once again, I would like to thank the committee members for their timely response to Bill C-464, and I look forward to continuing the debate on this very important piece of legislation. I'd like to thank David and Kate for their continued support and for joining me here today. I'd also like to thank the Canadian Resource Centre for Victims of Crime for their interest in and support for Bill C-464.
I look forward to hearing from other witnesses and to continued discussion and debate.
In closing, we support the proposed amendment that was brought forward by the parliamentary secretary. It puts more clarity and defines “minor children” so that there will be no misunderstanding when this needs to be used in a court of law.
Once again, thank you for your time. We look forward to answering your questions.