Mr. Speaker, today I address this bill before us on sentencing reform. These proposals fulfil a commitment made in the red book by the Liberal Party.
The hon. members opposite should take note that we are keeping our promise. The main goals of this bill are to ensure the rehabilitation of offenders to become law-abiding citizens, to separate offenders from society when necessary and to promote a sense of responsibility in offenders by making restitution and acknowledging harm done.
To achieve these principles the bill sets out a number of fundamental principles to guide the courts. These principles are, first, to reflect the seriousness of the offence and the responsibility of the offender. Second, the courts must consider the aggravating and mitigating circumstances. Third, similar acts should receive similar sentences. Fourth, the principle of sentencing totality is upheld. Fifth, the offender should not be imprisoned if other options are appropriate. Sixth, all reasonable alternatives should be considered. I mention this especially because of the aboriginal offenders.
There are a few features of this legislation on which I would like to focus. The use of alternatives for aboriginal offenders is a very important principle of this bill. In my province of Saskatchewan the aboriginal population is the fastest growing segment of society today. It also represents a disproportionate percentage of offenders incarcerated.
The courts in Saskatchewan have started to experiment with sentencing circles. A sentencing circle brings together elders of the community and also includes members of the non-native community and professionals such as lawyers and police officers.
The emphasis is not on retribution but rather on returning the community to its sense of harmony as defined by the aboriginal population.
Recently in Saskatoon an accused, a Saskatoon Metis, was sentenced in this manner. The sentencing circle was convened after this individual had robbed a gasoline station in my city. The sentencing circle met and decided that this individual must perform certain punishments to return its community harmony. He was instructed to do voluntary work for the gas station he had robbed, a certain number of hours of work or days, to volunteer at the Metis society and to admit his guilt to the community. Over and above this he was also sentenced to a penitentiary term of imprisonment.
The gas station owner was hesitant at first but has publicly said that he believes that justice has been served by the sentencing circle. This is an important part of criminal justice, the belief by members of the public at large that justice has been served, has been fulfilled.
We must resist the urge to incarcerate everyone who commits a crime. It costs more money to keep someone in jail for a year than it does to send a student to school.
Another important function of the bill is to provide for victims' impact statements at early parole hearings held under section 745 of the Criminal Code.
Section 745 is the section that allows for review of the mandatory life sentence without parole for 25 years to determine whether the person should be paroled after 15 years.
I have strong feelings on this issue. Constable Brian King, a constable in the RCMP, was killed in Saskatoon. Constable King was a personal friend of mine. He was ruthlessly killed in the line of duty in 1978. Last year the individual convicted of killing him made an application for early parole under section 745.
Imagine for a moment the frustration and sense of helplessness of his family as they were forced to sit in a courtroom in Saskatoon and hear witness after witness give evidence but were not allowed to say a word themselves to the court. They were not allowed to bring the victim's voice to confront the person who had done the wrong.
Death, thanks to the current provisions, has not only silenced Brian King, but it has also silenced the memories of his family in the courtrooms of the land. Is this justice?
Finally, I would like to say a few words in support of the restitution provisions of the bill. When a criminal is sent to jail, does the store owner he robbed feel better? Maybe he does. Does the sentence imposed upon the criminal help the store owner make ends meet at the end of the month? Restitution provides the opportunity to make criminals pay for their crimes.
The legislation makes allowances for restitution for people who unwittingly buy stolen property. Currently if one buys stolen property and it is confiscated by the police, one loses what one has paid for it. Now restitution can be ordered by the courts and innocent victims of crime will be compensated.
This bill shows that the Liberal government is committed to showing criminals that crime does not pay.