Thank you, Mr. Chair.
I'd like to thank the committee for allowing me to be here today.
I want to begin by acknowledging someone who will appear before this committee on Wednesday: Ms. Landolt, Kimberly Proctor's aunt. She's agreed to testify because she believes Parliament can do better for families like hers. I ask every member of this committee to hold that in mind as I speak today.
Bill C-235 has been tabled in Parliament four times before. In 2019, it passed committee and was set to return to the House for third reading. Then Parliament dissolved, progress died and families kept walking into parole hearing rooms they should never have had to enter. I'm here today to make sure that this does not continue.
Let me be precise about what this bill does and does not do. It does not create mandatory minimums, it does not impose new sentences and it is not retroactive. It does give a judge tools—a targeted tool applicable only when abduction, sexual assault and murder were committed against the same victim in the same event. In those cases alone a judge may, after hearing jury input, extend parole ineligibility from 25 years up to a maximum of 40 years. There's full judicial discretion every time.
That 40-year ceiling was not chosen arbitrarily. It reflects the consecutive maximum ineligibility periods for all three charges combined. The legal framework is sound. The bill was modelled after Bill C-48, the multiple murders act, which has already survived a charter challenge.
There is a further point that bears directly on that analysis: When a victim was abducted, sexually assaulted and murdered, prosecutors routinely stay the abduction and sexual assault charges and proceed only on murder charges. Under the current law, conviction in all three offences yields the same 25-year ineligibility on the murder alone, so there is no incentive to charge all three. Offenders are, effectively, sentenced only for murder, even when they committed two additional serious crimes. Bill C-235 corrects this. The extended ineligibility is not cruel and unusual punishment; it is proportionate for the three distinct crimes committed in a single incident.
I have carefully reviewed the proposed amendments put forward by the party opposite. With respect, I do not believe any of them strengthen the bill. Some are legally redundant. The law already provides what they seek to codify. Some risk making the process more complicated than it needs to be, and some, I would suggest, come close to instructing judges on how to do their jobs, which is precisely the kind of judicial discretion this bill is designed to protect. I'm happy to speak to any of them in detail through questions from the committee.
The heinous criminals that this bill targets are never going to be released. We have never found such a case: The Parole Board has been consistent. These are dangerous offenders and psychopaths, but they are permitted to apply for parole every two years, beginning at year 23. They use those hearings not to seek freedom but to terrorize the victims and their families, to recite in gruesome detail what they did, to force families back into that room and crime scene over and over. This bill would eliminate an average of eight of those hearings—eight times a family does not walk back in, eight times a sadistic offender cannot use the process as a weapon against the people he destroyed.
Fifteen years ago, 18-year-old Kimberly Proctor was abducted, tortured, sexually assaulted and murdered by her classmates on Vancouver Island. Her killers were charged as adults but, unusually, sentenced under the youth framework, with no chance of parole for 10 years. That outcome falls outside the sentencing scope of this bill, but the parole process that follows, what it costs a family to live through, is exactly what this bill addresses. Her family has already faced multiple parole hearings. They will face more, every two years for the rest of their lives.
Ms. Landolt will tell this committee on Wednesday what that costs a family. I will not speak over her testimony.
We know the names of the men and women who did these terrible things. Their names are infamous, notorious, and repeated in headlines and courtrooms for decades. Their victims' names are not. These are the names we forget, the names that history has not given the same weight as the monsters who took them: Tori, Holly, Tammy, Leslie, Kristen, Christine, Colleen, Daryn, Sandra, Ada, Simon, Judy, Raymond, Sigrun, Terri, Louise, Sereena, Mona, Andrea, Brenda, Georgina, Marnie and, of course, Kimberly. Their families are still living with what was done to them, and they are still walking into parole hearing rooms they should never have to enter.
Together, let's pass Bill C-235. On Wednesday Ms. Landolt will tell you in her own words what that protection means to a family.
Thank you, Mr. Chair.