The amendment reads as follows:
That Bill C-309, in Clause 2, be amended by replacing line 15 on page 1 with the following: exceeding ten years.
We're asking that Bill C-309 in clause 2 be amended by replacing line 15 on page 1 with the following: exceeding 10 years
Bill C-309, Mr. Chair, provides a maximum penalty of five years for the offence of taking part in a riot while wearing a mask to conceal identity without lawful excuse. The purpose of the amendment is to ensure that the penalty for this new offence is consistent with the penalty provided for an existing provision of the Criminal Code that addresses similar conduct, and that's subsection 351(2).
Subsection 351(2) of the Criminal Code is a provision of general application and creates an indictable offence punishable by a maximum penalty of 10 years for any person who wears a mask or disguise with the intent of committing an indictable offence. Taking part in a riot is an indictable offence, and therefore an accused who is convicted pursuant to subsection 351(2) of the code of wearing a mask while taking part in a riot is liable to a maximum penalty of 10 years.
So we would be moving it from five to 10 years to keep it consistent with subsection 351(2).
There are two new offences. By raising the maximum penalty to 10 years in proposed subsection 65(2) of the code, the amendment would avoid creating different penalties to punish similar conduct. Notwithstanding that being a member of an unlawful assembly is a precursor to taking part in a riot and is therefore a less serious offence, the penalty in Bill C-10 on indictment for the two new offences is five years. Thus, by raising the maximum penality in subsection 65(2) to 10 years, the amendment would improve the bill by reflecting the fact that taking part in a riot while wearing a mask to conceal identity is more serious than wearing a mask to conceal identity as a member of an unlawful assembly.