Mr. Speaker, Bill C-41 covers a wide range of sentencing initiatives, including provisions aimed at assisting victims of crime, improving the administration of justice in Canada and
tougher sentences for those offenders who abuse a position of trust or authority. The bill also includes harsher sentences for crimes based on hate for a particular race, nationality, colour, religion, gender, age or sexual orientation.
In discussions with constituents, by correspondence and through the electronic media I have heard from many opponents of Bill C-41. Most of the opposition regards the inclusion of the term sexual orientation in the bill. Opposition to the bill seems to be based upon fundamental misunderstandings about the intent and also the consequences of passing Bill C-41 into federal law.
Bill C-41 asks the court to take into consideration not only that a crime was committed, but that the offender was motivated by hatred against the victim based on the listed grounds which, as I have stated, include race, nationality, religion, age, gender or sexual orientation.
I have emphasized to concerned Canadians this provision of the bill comes into effect only once a crime has been committed. Bill C-41 does not create any new crimes. It does not make moral opposition to homosexuality a crime and it does not affect freedom of expression.
I have worked hard to correct the spread of misinformation by explaining to religious communities Bill C-41 will not prevent churches and religious instructors from talking about their beliefs regarding the morality of homosexuality. The bill is not creating any new hate crimes or expanding hate provisions in law.
The other major concern with Bill C-41 is that by including the term sexual orientation in federal legislation we are setting a major legal precedent. As the Minister of Justice has told the House, sexual orientation is not a new term and has been in use in Canadian legislation since 1977. It appears in provincial human rights legislation in eight jurisdictions within Canada.
Another misconception I have encountered is that by not defining the term sexual orientation, Bill C-41 will open legal loopholes that will legitimize the actions of paedophiles. Once again, the Minister of Justice has listened to this concern and has assured Canadians the term sexual orientation is included in provincial human rights legislation and that Canadian courts and tribunals have never had trouble understanding or interpreting the term which is unambiguous and does not include acts set out in the Criminal Code.
The bill makes an important statement that society will not tolerate crimes committed against individuals simply because of their race, religion, colour, gender, age or sexual orientation. Bill C-41 protects all Canadians. All Canadians have a nationality, a race, a gender, an age, a religion and a sexual orientation. Bill C-41 is an important part of the government's efforts to improve public safety, enhance the rights of victims and protect the rights of all Canadians to participate fully in the social and economic life of their country.