Madam Speaker, the motions on clause 718.2 of Bill C-41 represent the majority of the motions to amend tabled at report stage. Most deal with the question of whether or not the expression "sexual orientation" should be included in the provisions which relate to the aggravating circumstances to be considered when a sentence is imposed.
Motion No. 5, tabled by the hon. member for Crowfoot, is the most drastic one, since it proposes to completely eliminate
clause 718.2 in the bill. In so doing, the Reform Party would render the legislation meaningless, since it would abolish the basic principles and objectives of sentencing.
The principles stated in clause 718, which underlie the bill, are a step in the right direction. Indeed, we can only support a measure which seeks to contribute, along with crime prevention initiatives, to respect for the law and the maintenance of a just, peaceful and safe society by imposing appropriate sanctions.
Moreover, the alternative measures provided in clause 717 regarding some offenders, that is the penalties other than incarceration and probation, are innovative measures which will result in fewer offenders being sent to jail, while also putting the emphasis on rehabilitation rather than incarceration.
Some motions, including those of the hon. member for Scarborough West, seek to introduce a comprehensive definition of the expression "sexual orientation" in clause 718.2 of the bill. The member actually managed to table several motions to amend which are essentially variations on the same theme, in the hope that one of them will somehow get through.
The debate on the real issues of Bill C-41 was sidetracked from the very beginning. Indeed, since the legislation was tabled, the debate has focused on the sensitive issue of homosexual rights. Under aggravating circumstances, the bill provides a list of prejudices motivating hate crimes, including the sexual orientation of the victim.
The judge must consider a hate motivated crime as an aggravating circumstance at the time of sentencing. The debate has been sidetracked both by the defenders of homosexuals' right to protection and by the extreme right that wants the bill's provision regarding aggravating circumstances to be dropped. I have received thousands of letters asking me to vote against Bill C-41 because it contains the phrase "sexual orientation". Our offices were flooded with these form letters. They merely reflected the opinion of a ill-informed minority.
Those who signed these letters actually wanted us to scrap a 75 page bill, containing a hundred clauses and representing a complete reform of that part of the Criminal Code that deals with sentencing, because it contained two words too many. Let us keep in mind that Bill C-41 does not create new rights. It is a sentencing bill, and therefore sets out parameters by which judges must be guided in arriving at sentences. Clause 718.2 in particular concerns only an accused found guilty and the criteria that apply to his sentence.
It is not the purpose of this clause to create rights for the groups listed therein. The rights of individuals are protected under the Constitution and other legislation on the protection of human rights. Bill C-41 is not a new charter of rights and freedoms, as several interested groups would have us believe. When a bill contains the term "sexual orientation", the meaning of the term raises many questions. What does it really mean? How should its meaning be interpreted?
In the Egan case, the federal court seems to indicate that a sexual tendency or orientation can be heterosexual, homosexual or bisexual. This case made a challenge under section 15 of the Canadian Charter of Rights and Freedoms. The court concluded that, although the Supreme Court has never issued an opinion on the issue, the fact that sexual tendencies can be invoked as motives constituting discrimination such as those prohibited under subsection 15(1) had become a matter of settled law.
On June 30, 1993, a little while after the Egan decision, the Supreme Court stated in the Ward decision that sexual orientation is an innate or unchangeable characteristic. This case involved discrimination against refugees and the protection of refugees. The Supreme Court accepted as a category persons who fear persecution because of gender, linguistic backgrounds and sexual orientation.
I would like to mention in passing that the Bloc Quebecois proposed an amendment regarding the linguistic traits of victims in committee, which was accepted. This amendment is in line with the position taken by the Supreme Court in the Ward case. But, you might ask, should we not clearly define the term "sexual orientation"? Since political correctness has come into style, the names of several minority groups have changed considerably.
The blind have become the visually impaired; the deaf, the hearing impaired; the mentally ill are now mentally handicapped.
Since language changes constantly, the designation of homosexuals has changed as well. In the 19th century, this phenomenon was referred to as sexual inversion. In the 20th century, this term was replaced by the word homosexuality. Subsequently, we had the terms gay and lesbian. Not so long ago, people talked about sexual preference. Of course, the gay community soon dropped this term because it indicated a choice or characteristic acquired by the individual and not an innate characteristic.
Scientists are now trying to determine whether homosexuality is not only innate but genetically determined. In a scenario that may not be that far down the road, we may have individuals with male or female genetic characteristics, plus homosexual genetic characteristics that would influence the individual's behaviour and thus determine his or her future sexual orientation.
Some people maintain this is a nightmare scenario, especially those who flooded the fax machines on Parliament Hill with strong protests against Bill C-41. The mere term sexual orientation caused a wave of panic. Opponents of this legislation
simply want to throw out an entire bill on sentencing because it supposedly gives more rights to homosexuals, which is patently untrue. Crimes motivated by hate or prejudice have a profound impact on the victim. They differ from any other kind of crime. The victim, attacked because of the colour of his or her skin, because of his or her religion or because she is a woman, suffers far more than someone whose wallet is stolen. That is what clause 718.2 of the bill is all about.
I will not support Motions Nos. 5 to 17, inclusive, except, of course, for Motions Nos. 9 and 15.