Madam Speaker, I thank the hon. member for his question. I think it is important. When we deal with penalties for offences committed, I think that if the state wishes to stiffen penalties we can do that, but we all ought to stand equal before the law. The courts and judges ought to be left with the discretion based upon the circumstances to decide whether a more severe penalty should be imposed upon the culprit who through motivation of hatred or bias commits an offence against another.
I enforced the law for 14 years and I never saw an assault upon another person motivated by anything but anger, hatred or bias. I have never seen an assault conducted by a positive emotion of love or compassion. I have never experienced that. I have never taken anyone into court on that basis, and I have taken hundreds of people into courts for other types of offences during my service.
When I consider the hon. member's question and I look at Bill C-41, I ask myself why is it that we cannot leave this matter to the courts. Yes, enhance the penalties, make them stiffer. Surely when the court feels that mitigating circumstances indicate a more serious penalty ought to be levied, the court should have the discretion to do so.