moved for leave to introduce Bill C-323, an act to amend the Bankruptcy and Insolvency Act (order of discharge).
Mr. Speaker, it is a pleasure to introduce this private member's bill today and I thank my hon. colleague for seconding introduction and first reading.
Earlier this year I was approached by a Vancouver area lawyer who told me of a concern he had with the Bankruptcy and Insolvency Act. The concern is that an offender can be released from having to pay any damages arising from assault awarded in a civil law suit if they claim bankruptcy.
The plight of the victim should take precedence over the rights of the offender. The victim in this country has suffered enough, and then to be hit with a blow that no payment for damages will be received because of a loophole in the bankruptcy act is completely unacceptable.
Many have been victimized by abusive relationships only to learn that later they will not receive the awarded damages because of a loophole in the federal statute. Fines, alimony and
fraud debt are not exempted; civil damages from criminal assault should not be exempted either. Action must be taken now to amend the flawed act.
The bill I am introducing will add to the list currently in the act under section 178. The addition will be civil damages in respect of an assault or battery on a victim. The changes will give the victim more rights. Every member in the House knows the victim certainly deserves more consideration than the convicted offender.
It is an honour as a private member to have the opportunity to introduce a bill. However, I want the government to take a close look at the legislation. I know the Minister of Industry and the Minister of Justice are interested in this. I encourage the government to take it over exactly as it is.
Canadians want Parliament to be comprised of effective policy making. The way this can be done is to support any legislation that will truly benefit the country as a whole.
Since victims of crime have no party label, I invite non-partisan support for the bill from all corners of the House.
(Motions deemed adopted, bill read the first time and printed.)