My colleague whispers into my ear that they have no shame. I personally think this is reflective of a more dynamic, risk taking society which has all kinds of benefits for creating wealth and generally raising the income of citizens. However, there are always excesses.
As is the case with so many well-intentioned laws, this law on bankruptcy has been shown to have a number of unintended consequences. This law is subject to increasing abuse, especially as the memory of the disgrace of debtor prisons and social ostracism are receding from the public conscience.
Bill C-323, the amendment to the bankruptcy act introduced by my Reform Party colleague from New Westminster-Burnaby, is aimed at curbing one of the unintended consequences of what otherwise is a well-intentioned good act. If accepted it would reduce the ability of individuals to escape responsibility for the payment of fines which have been imposed by civil courts in response to damages caused by violence, typically against women.
The intention of the existing legislation clearly was not to open bankruptcy as an avenue which could be used by violent offenders to escape the penalty which society through court actions has imposed on them. This private member's bill is consistent with public sentiment on this subject. I support it and urge members of this House to pass it.
The proposed legislation continues to protect innocent victims of bankruptcy from the historic, often unjust and socially undesirable consequences of excessive penalties. Making sure the perpetrators of violent acts against people are duly convicted in a court of law and required to pay a fine is not equivalent to bringing back debtor prisons. It is a necessary and in my view highly desirable act that would restore equity and would close a loophole in the existing law.
I have every confidence in the ability of those entrusted with carrying out the intent of this act to distinguish between cases where bankruptcy is designed to escape responsibility and where it is the result of genuine bad luck. The risk of mistakes in such decisions is worth the social benefit in terms of greater equity envisaged by the designer of this bill. I urge that his ideas receive the assent they deserve.