Mr. Speaker, members of the Reform Party made statements about lawyers and how terrible it is that so many lawyers in the country will get involved in the issue in various ways. Sometimes in this job it helps to have some understanding of the law and some training in law because we are dealing with interpretations. Reform members are telling us how laws will or will not be interpreted while at the same time they are claiming they have no understanding of legal matters.
The law is all about making distinctions. The penalties differ according to different elements of a crime. If there are additional elements in an offence then the penalties are different. For example, common assault is not considered in the same way. The penalty is not the same as an assault causing bodily harm because there are additional elements that require a stiffer or more serious response.
The reason the Criminal Code has so many sections is that we are making distinctions and there are many different elements and different kinds of crimes. When we are talking about an attack on a group there is a distinction. An attack of any kind is an important crime. It is important that there be strong sentences against attacks of whatever kind. When people are attacked because they belong to a group, whether it is a religious group or whatever, it is a kind of terrorism against the group. It is an additional element that requires an additional response. It is a little more serious. Both are serious but this is a little more so. It is an additional element and that distinction must be made.
I recently read the Supreme Court of Canada decision in the Egan and Nesbitt case which deals with the issue of sexual orientation. There are quite a number of different opinions but they all used the phrase sexual orientation. I do not know what members here or what lawyers in the country claim to be better lawyers and to know more about the law than the Supreme Court of Canada. However they are comfortable using that phrase and express no concern or no hesitation in doing so. That is the first point I wanted to make.
The second point is this section does not condone any kind of activity. However, the government has introduced an amendment which provides that nothing in the bill will change or make something not a crime or condone any activity that is a crime at present. Therefore if pedophilia is a crime now it will still be a crime. If necrophilia is a crime it will still be a crime. Those things will not change. I cannot see why they are so concerned about this provision.
Too often these kind of offences have received lighter sentences than they should and there are no bases in these cases for appeal. There must be a basis for an appeal and this provision provides for that. They must be treated seriously and the bill provides that. I recommend support.