Mr. Speaker, I will continue my comments on Bill C-68 concerning the inclusion of replica firearms in this bill and whether it will solve the problem. Unfortunately it does not. It is just a small step in the right direction.
Someone who uses a replica firearm during the commission of an offence will now be subject to the minimum one-year consecutive sentence. In reality, this will generally be the maximum sentence as well. It is a good first move but unfortunately that is as far as this bill goes in addressing the situation.
For serious violent offences where a firearm is likely to be used such as robbery, hostage taking or sexual assault with a weapon, to get the new minimum sentence of four years the crown will still have to prove that the object used was a firearm.
In the case of a robbery there will be a witness who saw the criminal waving an object that looked like a firearm. Security cameras will show the criminal waving an object that looks like a firearm. However, unless the firearm is fired or the offender is immediately arrested, there will not be any convictions under this section. In the majority of instances the crown will still be faced with the impossible task of proving that the object met the legal definition of a firearm.
In reality, C-68 will mean that criminals who pull off robberies with real firearms will likely only get an additional one-year sentence for possession of a replica firearm during the commission of an offence as the criminal will claim the object he used was only a replica and the crown will not be able to prove otherwise. This is simply not good enough.
A second aspect of this bill that the Liberals are giving a great deal of acclaim to is the new minimum sentence of four years for any of 10 specific violent offences with a firearm.
My private member's bill called for a minimum sentence for using a firearm during the commission of an offence to be raised to five years. This sentence was to run consecutively to the sentence for the actual crime. Therefore, I suppose those of us calling for a greater minimum sentence should be happy with the minimum of four years.
In all honesty I would be satisfied if the government had introduced a minimum four-year sentence for using a firearm during the commission of an offence if this sentence had been consecutive to any sentence for the actual offence. However, this is not what the government has done. Instead it has created a combined minimum sentence of four years for both the crime and the use of a firearm.
What difference is this going to make? Not much. What about repeat offenders? Unlike section 85 which calls for an increased minimum sentence for repeat offences, there is no such increase for those criminals who repeat their violent crimes with firearms.
The amendments I would suggest are a joke. The minister's press release makes it sound like the government is getting tough on criminals who use firearms but in reality these changes will not result in increased sentences for those who use firearms. At best it will maintain the status quo. In some cases, the length of the sentence will likely decrease.
A four-year minimum sentence for manslaughter with a firearm is a joke, pure and simple. The average sentence for manslaughter is already four years. How is this minimum going to have any deterrent effect? It is not.
My private member's bill called for a minimum five-year sentence for the use of a firearm during the commission of an offence to be served consecutively to any sentence for the offence itself in a first offence and a minimum of 10 years for a second offence. The difference is very simple. Under Bill C-68 a first time armed robber will more likely serve a four-year sentence which is a decrease from the current going rate of five years. Under my bill a first time robber using a firearm would likely serve a four-year sentence for the robbery and an additional five years for using a firearm for a total of nine years.
Which one sends a greater message of condemnation of using firearms during the commission of an offence? Which one is likely to deter criminals from using firearms during the commission of an offence?
The concern I have in separating these two parts under C-68 is that part III will be left out of the discussion. It is very important to Canadians that part III, the criminal use of firearms, be dealt with separately from the national registration.
In dealing with C-41 there have been two words that have taken over the debate: sexual orientation. I would suggest that national registration is going to take over the debate of this gun control legislation and the criminal use of firearms is going to get lost in the discussion.
It is very important that we separate those two and allow for Canadians, the committee and all parliamentarians to take a close look at what this government is suggesting for maximizing the deterrence to the criminal use of firearms.
I feel it does not go far enough. We should have ample opportunity to deal with that and not just talk about the national registration program.