Thank you very much, Mr. Chair.
I want to thank the four of you for joining us in this important study of the proposed amendment to the Criminal Code. On behalf of our seniors, I want to thank you for the work you are doing.
I think that everyone around this table, regardless of party affiliation, knows that this will not solve all the problems our seniors experience on a daily basis. There are many other avenues to explore, but we will deal with this issue for the time being.
You have understood that Bill C-36 basically has to do with the sentencing part. Under the bill, abuse in not an offence. It applies only to the post-trial stage. We are aware that, in certain cases, there may have been no trial even though there should have been one. However, in cases where a trial was held, abuse was presented as an aggravating factor brought before the court for consideration prior to the handing down of the sentence.
At times, in committee or in the House, we wonder what the scope or importance of our work is. Last week, while we were in our respective ridings and the House was not sitting, there was an absolutely horrific high-profile case in my region. In a hospital centre, a 99-year-old lady—and I am not making anything up—was sexually assaulted by an orderly. If that is not horrific, I don't know what is. Of course, when Canadians hear about something like that, they want the accused to hang. He will have the right to his trial; I agree with that. That will not be sidestepped. However, I would be very pleased if Bill C-36 were to become a reality and the court were to apply this amendment proposed to the Criminal Code, whereby it would consider the victim's age and the impact of the offence on that person as aggravating factors.
Most of you have brought up one of my concerns, the fact that it is mentioned that this had a significant impact. I am wondering—and I am asking the question—if we should not remove the notion of “significant impact” from the proposed subparagraph. Here is what we could simply say.
I'll read it in English for you.
Paragraph 718.2(a) of the Criminal Code is amended by adding the following:
evidence that the offence had a significant impact on the victim.
Would you be at ease if we removed the word “significant”? My scare is that we're trying to help, but at the same time, as a lawyer, I'm wondering if we're not just creating more debate in front of the court. How do you define “significant”? Just the fact that it was done to a senior, it had an impact on the victim, considering their age and other personal circumstances, including their health and financial situation—it couldn't hurt. It would be better, in my opinion. What do you think?