Thank you for the question.
We have studied it. Let me just say at the outset that, as you know, the murder sentencing provisions have become a bit complicated over the years, and for about 10 years there have been calls for another review of the sentencing provisions of the Criminal Code in order to look at exactly these issues. That hasn't been done, but we are aware of them.
Bill C-53 and Bill C-587 do criminalize the same conduct. Under Bill C-53, people who engage in the conduct that is referred to in Bill C-587 could be caught in two ways. The first way would be under the mandatory aspect of Bill C-53. If somebody commits a sexual assault and/or a kidnapping—let's just say they commit a sexual assault and a kidnapping and a murder in the same criminal transaction—and the murder were planned and deliberate, they would be subject to a mandatory sentence of life imprisonment without parole eligibility.
If “planned and deliberate” could not be proved, the person would nonetheless be subject to a life sentence of imprisonment without parole eligibility on a discretionary basis, based on the same test that is used in the Criminal Code with regard to second degree murderers and multiple murderers, which is the same test that Bill C-587 proposes.
If they were not subject to a discretionary life sentence of imprisonment, they could still be subject to the measures that Bill C-587 proposes if there were three convictions entered. That's one of the differences between what Bill C-587 does and what Bill C-53 does.
Under Bill C-53, we follow the standard Criminal Code procedure, which is that in this type of situation the only conviction that needs to be entered is for the murder, and then the elements—in this case the sexual assault and kidnapping—would need to be proven beyond a reasonable doubt—
