Mr. Speaker, I can think of nothing more frustrating for Canadian people than laws which are in theory intended to protect and reflect our sense of what is right and what is wrong but which in practice continuously prove to be ineffective or variable in their application and result.
Our legal system forms the network that binds us as Canadians. It is the framework under which we all agree to live and be judged. With variability or uncertainty of application and use, the strength, control and credibility of this vital tool of human management is undermined and society as a whole is weakened.
In response to a growing sense of frustration on the part of Canadians, the Minister of Justice has tabled Bill C-41, an act on sentencing reform. In an effort to refocus the application and use of our laws Bill C-41 provides clear direction and guidelines to the courts on the purpose and the methods of sentencing. Prior to Bill C-41 the role of Parliament was simply to set maximum penalties for offences under the Criminal Code. With this legislation Parliament is looking at the fundamentals, the policy objectives of the sentencing process.
This legislation sets out that the fundamental purpose of sentencing is to contribute to respect for the law and the maintenance of a just, peaceful and safe society. The framework provided is of enormous significance. Sentencing is not simply about giving sentences. Rather, sentencing must serve the fundamental purpose of creating a just and safe society.
Bill C-41 provides as well a holistic vision of sentencing. Sentencing should not be solely about jails and prisons. Effective sentencing, sentencing that deters repeat offenders, also involves alternative measures such as restitution and conditional sentences.
Research has clearly shown that these forms of sentencing are more effective in combating crime than a strictly law and order approach. One only needs to look south of the border for evidence of this. In the United States the rate of imprisonment is 400 per cent that of Canada's yet 200 Americans are victims of violence every hour despite annual expenditures on police, courts and corrections that exceed $70 billion. One cannot seriously argue that the United States is a safer country due to its bigger jails, tougher sentences and capital punishment. In fact, the opposite seems true.
Bill C-41 outlines another sentencing principle that I would like to briefly address. Under this legislation the courts should take into consideration the principle that a sentence should be increased if there is evidence that the crime was motivated by bias, prejudice or hate based on the race, nationality, colour, religion, sex, age, mental or physical disability, or sexual orientation of the victim. Some say that this provides special status for these Canadians, particularly homosexual Canadians. If these people have any special status, it is the special status of often suffering abuse simply because of their minority characteristics.
Bill C-41 ensures that the courts consider these circumstances when deciding upon sentences. This is not about granting special status. Rather it is about affirming equality for all Canadians. Homosexual Canadians should be able to walk on our streets without the fear of being attacked just because of their sexual orientation. Just as heterosexuals do not have to live with this fear neither should other Canadians who have a different sexual preference.
This is about promoting equality, not granting special status. It is also saying that Canadians will not stand for crimes based on hate.
Many of my constituents have expressed to me their concern that the criminal justice system does not do enough for the victim. I strongly support Bill C-41 because it does address this concern in several ways. One obvious way is that it provides for victim impact statements at section 745 hearings. Victims will no longer go voiceless at the early parole hearings.
A second provision for victims that I would like to discuss in more detail is restitution. Bill C-41 would allow the courts to consider ordering restitution to individual victims or to the community to cover property damage or personal injury. This provision responds to the demands of victims to have their needs considered by the justice system.
Crimes can have a tremendous financial impact upon victims. Is it more effective to have these offenders only put behind bars? Where does that leave the victim? Or should the perpetrators be hit where it hurts, in the pocketbook, which will promote responsibility for their actions?
Previously victims had to apply to receive compensation for their losses. Bill C-41 provides a process for restitution to be considered as part of the normal process of sentencing.
In cases in which the court orders an offender to pay restitution and a fine but where it is clear that the offender does not have the means to pay both, Bill C-41 states that restitution must take precedence. This demonstrates that this legislation is committed to helping the victims of crime.
I strongly support this move toward restitution. Why should victims of crime go uncompensated while the offenders simply spend time in custody? I would think for non-serious crimes rehabilitation of the offender can be more effectively achieved through directly seeing what damage has been caused to the victim.
I believe and would request that the framework for restitution as set out in Bill C-41 be extended to cover the special circumstances of certain specific crimes. I am particularly thinking about the issue of domestic violence. In most cases a severe economic inequality results from these situations.
If a woman makes a horribly difficult decision to press charges and leave the scene of abuse she in most cases retains responsibility for the children. She is forced to seek temporary shelter, needs to find child care or care for her children, often with very limited economic means.
I believe that restitution would be particularly important in cases involving domestic violence because of the economic inequality that results. Women and their children are too often left at a severe disadvantage. Too often the abuser spends some weekend in jail or pays some fines but the victim is left with
financial stresses in addition to the obvious physical and emotional trauma.
Under Bill C-41 restitution orders for bodily harm only cover pecuniary damages specifically including loss of income or support. It is unclear how broadly the courts might interpret pecuniary damages in ordering restitution in the cases of domestic violence.
I am suggesting that we should not leave this judgment to chance. We should define pecuniary damages in cases involving domestic violence to specifically include loss of income as well as costs related to temporary shelter, child care and transportation. These are costs that are directly incurred as a result of the abuse. The courts should consider these when ordering restitution.
Abused women are often forced to spend time in battered women's shelters since they are the only places they can afford and which offer protection. Perhaps a portion of the restitution order dealing with temporary housing could go directly to support these shelters as well.
I acknowledge this is not a solution to the problem of domestic violence. Solutions have to be found in addressing problems before the abuse occurs in looking at the inequality between men and women and looking at the problems of poverty and alcoholism. However, I think that restitution offers an excellent opportunity to address the economic inequality that can result from domestic violence.
Another significant problem is that women often do not report abusive situations. Restitution would only be ordered after a conviction is obtained. I realize that this is only a small consideration to the emotional and physical challenges, but if women knew that compensation would be there in the end they might be more encouraged to report the abuse.
Requiring the courts to consider the specific circumstances of domestic violence cases in ordering restitution would help the victims of domestic violence. Requiring convicted abusers to financially compensate their victims would provide another good indication to offenders that they are responsible for their actions.
In closing, I strongly support the measures that are included in Bill C-41. The maintenance of a just, peaceful and safe society depends on good and fair sentencing. This legislation provides a framework for our courts so that they in turn can give our community, Canadians, just that.