Madam Speaker, I am delighted to have the opportunity to speak to the amendments to Bill C-68. The reason I am so delighted is that since the government invoked time allocation last Thursday, I find myself being one of the chosen few who will be able to speak at report stage.
The government's motive is one of fear. It knows that many of its backbenchers are already going to vote against the bill and they are afraid that if Bill C-68 is not dealt with before summer, many more of their backbenchers would find themselves having to commit that greatest of all sins a Liberal member can commit, the sin of representing one's constituents.
That is what I am attempting to do with this bill. I am trying to gauge the sentiments of my constituents. The bill is one of the few issues where people have expressed a great deal of interest. In my recently released householder I provided each side of the argument with the opportunity to state the case for or against the bill. Representing those who support the bill is none other than the Minister of Justice.
My householder is in the homes of my constituents. While I have started to receive responses, the government's artificial deadline will prevent many of their voices from being heard. If the majority of my constituents wanted registration, given the opportunity, I would support the registration portion of Bill C-68.
It seems the government wants as few voices heard as possible. The bill has been rushed through the entire process. The schedule to hear witnesses was fixed in advance, ignoring hundreds of requests by groups and individuals to appear.
The timeframe to enter amendments was rushed, not allowing sufficient time to have legislative counsel prepare amendments. The clause by clause consideration was rushed, forcing the committee to sit until one o'clock in the morning.
What can one say about report stage and third reading? The tactic of introducing time allocation before debate even starts is a tactic that would have made the Mulroney administration blush.
The Liberals always complained when the Tories introduced closure but they have fully embraced the concept themselves. What is interesting is that there has never been a hint that the Reform Party or anybody else was attempting to filibuster the bill.
We have played by the rules, trying to improve a poorly drafted bill in case it passed third reading. How badly drafted was this bill? Let me say that during the clause by clause consideration the member for Crowfoot noticed that the wording of one clause would make it necessary for anybody wishing to buy a box of ammunition, even a box of .22 shells, would have been required to obtain prior approval of the chief firearms officer of the province.
It was interesting to see the look of confusion on the faces of the parliamentary secretary and the assistant deputy minister when they quickly realized that that was not their intent.
The bill has been amended but this is an example of the poor quality of legislation that goes through when Parliament rushes. Another example of the quality of this bill is the list of 37 amendments that the Minister of Justice is making at report stage. This is in addition to approximately 80 amendments that the government made in committee during clause by clause.
Government members say: "So what? Who cares? We are sitting so high in the polls". One wonders if they will remember that the Ontario Liberals went into their provincial election riding high at 53 per cent in the opinion polls as well. Probably not, since Liberals have very short memories. After all, it was only in the last Parliament when Liberals were loudly protesting over rules by the Tory government to introduce more legislation where Parliament would be bypassed with orders in council.
However, these protests are now silent as the government has created unprecedented provisions for government by order in council. There are 75 instances in this bill that call for regulations to be introduced. The government's attitude is forget Parliament, the cabinet knows what is best for Canada. After all, if amendments had to come through Parliament there may be
more of those Liberal backbenchers who may try and represent their constituents. The government would not want that to happen, would it?
Its attitude is: "Trust us. We know what is best". Having sat through the committee hearings on Bill C-68, it is apparent that the government does not know what it is doing.
The pretence under which this bill was introduced was that it would reduce crime and save lives. Unfortunately there was no such substantive evidence presented that indicated this bill would do either. The bill was purported to go after the criminal use of firearms, yet most of the bill is directed against the ordinary law-abiding gun owner.
Those aspects of the bill that do deal with the criminal use of firearms are insignificant. That is why I have introduced the amendments I have.
The government chose to identify 10 serious crimes such as manslaughter, attempted murder, aggravated sexual assault, robbery and to create a minimum four year sentence if a firearm was used. However, what difference will these minimum sentences make? Not very much because the down side of minimum sentences is that they all too often because maximum sentences. Unless the minimum sentence is raised to a level that is sufficiently higher than the current average sentence, there will be no deterrent effect.
Will a four year minimum sentence for manslaughter with a firearm prevent any deaths? The average sentence for manslaughter in British Columbia is currently four years. Under current law, if a firearm is used in a death an additional one year sentence is added under section 85. How is it possible that a four year minimum sentence could have any deterrent effect when the average sentence is already five years?
That is why I have entered amendments that would increase the minimum sentence for manslaughter to eight years. For eight other crimes it would be increased to six years and for one crime, criminal negligence causing death, we are suggesting the minimum sentence should be reduced.
Another flaw in the bill is that under these 10 specific crimes, it is necessary to prove that the object used in the crime is a firearm. While this may not be difficult in manslaughter cases or those charged with causing bodily harm, what about cases involving sexual assault, kidnapping or robbery? If the gun is not fired or if it is not recovered, how does the crown prove that the object used meets the legal definition of a firearm? The short answer is that it cannot. Thus, in many of these cases there will never be a charge of using a firearm because the crown simply will not be able to prove that a firearm is used.
That is why I am moving the second set of amendments. It will no longer be necessary to prove whether the object used was a firearm or just an imitation firearm. The victim of a sexual assault may not know if the object used is a real firearm or just a replica. The terror is equal in any event. To let a sex offender walk away from this crime because the victim is unable to state whether it was a real firearm or just an imitation is wrong. These clauses must be amended.
Bill C-68 is bad legislation. It does not do what it sets out to accomplish. If this law is not bad enough, the way the government has handled it is even worse. How can anyone justify closing down debate before it even started on legislation that will not come fully into effect for another eight years? They cannot. Arrogant governments believe they do not have to explain anything, except when they try to explain to themselves why they have been rejected by the voters and have fallen into oblivion.