Mr. Speaker, I am sharing my time with the hon. member for St. Catharines.
I am very pleased to have the opportunity to participate in the debate at third reading of Bill C-41, an act to amend the Criminal Code, sentencing, and other acts in consequence thereof. It is a criminal law bill directed at hate motivated crime.
First, I want to commend the work of the Minister of Justice, who has responded to the call of Canadians for the need to reform our sentencing process by establishing a clear framework of provisions to guide the courts in our country.
We have before us a criminal law bill directed at hate motivated crime. We have before us comprehensive legislation that for the very first time gives Canadians a say in the purpose and principles of criminal sentencing.
In these very challenging times, it is now necessary to provide clear guidelines for the courts to protect society to assist in rehabilitating offenders, to promote their sense of responsibility, and to provide reparation for sometimes irreparable damage, both physical and emotional, done to victims and the community.
Rules of evidence and procedure have now been set out in this bill, along with alternative measures to prisons and conditional sentences to be served in the community under strict compliance with conditions ordered by the court.
This bill works in partnership with the community to rehabilitate offenders while at the same time protecting the public from those criminals who have committed serious and violent crimes.
The strength of this bill is clearly evident from the support it has garnered across the country, despite what we might hear in the House.
I represent an urban riding in the greater Toronto area where people want only to live in peace and safety. In Etobicoke-Lakeshore we are firm believers in crime prevention measures as a method of improving safety in our community. As a community we are working very hard to eliminate crime. I give as an example the hard work of the Etobicoke Crime Prevention Association, which has succeeded in making our community more aware of crime prevention. I would like to read to the House the tip of the month published in its May 1995 newsletter. It reads: "A key element in preventing crime is public education through a variety of means. Let the public know that prevention is possible. They are capable and it is worth their while".
The sentencing reforms contained within Bill C-41 will indeed make the efforts of all Canadian communities worth their while. Our government is committed to restoring safety to our homes, our streets, and our communities. Bill C-41 is a clear indication of this commitment. We want to give Canadians back their sense of security by working hard to implement policies that will reduce and help to prevent crime in Canadian communities.
Canadians have asked for changes to the criminal justice system and we have responded with reforms that enhance the rights of victims and encourage respect for the law.
When we talk about public education we want to make sure that people have all the facts. What has been happening across the way today has not been all the facts.
I will now proceed to give what I perceive to be the clear facts in this legislation and emphasize the benefits these reforms will mean to the protection of all Canadians.
With the passage of this bill judges will henceforth be required to give clear reasons for sentencing in all cases. This clarity will benefit the public and will assist later in potential appeals trials.
The bill also gives consideration to offences committed in breach of trust, usually against children and increasingly in cases of violence against women. These vulnerable individuals who lost this essential and assumed protection in society will now find it in the courts.
This legislation will also benefit and consider the victims of crime, whose suffering and anxieties for so long have been pushed aside.
The statement of purpose and principles will allow for reparation to the victim or the community while at the same time forcing the offenders to take responsibility for their actions.
This means first of all that financial restitution can now be audited to compensate for loss of property or damage inflicted on an individual. I know that many seniors in my community who have been victimized by theft will be very pleased with the introduction of this provision.
Financial compensation by the offender in the case of less serious crimes often encourages rehabilitation of the offender. In the legislation, amendments to section 745 of the Criminal Code will give victims of violence the chance to voice the effects the offender's crime has had on their lives during their hearing for early parole.
It is about time the victim's experience is given greater emphasis. The statement will play a key role in the determination of the release of violent offenders back into society. Fines will now be officially recognized as part of the sentencing process. The fact is that many offenders are in prison for non-violent crimes simply because they are not able to pay the fine levelled on them.
Consideration will now be given to these individuals and fines will be imposed based on the offender's ability to pay. Inability to repay will result in other penalties such as probation or community service.
For those who have the ability to pay, fines will be strictly enforced. The system of fines will result in decreased costs of running our institutions. The community plays an important role in this bill, especially under the provision that allows for alternative incarceration.
Under strict supervision, a less serious non-violent offender who has been determined to pose no danger to society could serve the sentence within the community in some way. Counselling, probation, fines and community service will be part of a more effective rehabilitative approach to minor and first time offenders.
Limited funds could be spent protecting the public from more serious and violent offenders. Prison will be reserved for their rehabilitation. This legislation will prove beneficial to communities because it contains measures that will ensure the culture of hate is not permitted to flourish in this country.
Hate crimes are an unfortunate and insufferable reality in our society. The fact that people are specifically targeted because of their race, their religion, their ethnicity, their sexual orientation cannot be ignored or purposely be swept under the carpet.
Police bias crime units have reported that crimes motivated by hate are on the increase. We must also keep in mind that this probably does not include the many hate crimes that go unreported because of an individual's fear or historic mistrust of authorities.
Have you ever stopped to think, Mr. Speaker, about how traumatizing it is to victims, knowing that they have been specifically attacked because of who they are and what they look like? This is a very personal attack because you cannot change these aspects of yourself.
Canadians have expressed their alarm at the intolerable increase in this type of violence. The government has responded by introducing these amendments that will allow judges to impose stiffer sentences on those who have been convicted of a crime motivated by hate based on race, nationality, colour, religion, sex, mental or physical disability or sexual orientation.
Working with the community to improve education in combination with stiffer sentencing measures will result in a better co-ordinating response to hate. Section 718 which got much discussion across the way specifically comes into play after a person is convicted of a crime motivated by hate toward a specific group.
The government recognizes the need to replace the vagueness that currently exists in the sentencing process to protect the groups that are being senselessly and violently targeted.
History has taught us that we will only suffer as a society if violence, intimidation and fearmongering toward any group is tolerated. Ours is a society of equality and Bill C-41 will offer a solid deterrence to all people who threaten human life.
Sentencing practices should be a reflection of Canadian values and this legislation mirrors the values of equality and democracy quite clearly.
There is great support for this bill because the people of Canada know that in combination with other elements of our crime prevention package, change will come and the risk toward safety will lessen.
Sentencing reform, amendments to the Young Offenders Act, parole and corrections reform, the creation of a crime prevention council, greater control of firearms will go a long way toward making our communities safer places to live.
In addition to all this we will continue our efforts to reform the social programs, implementing more effective measures to combat poverty, lack of education, unemployment, illiteracy. We are making progress toward a safer, less violent and more progressive society.
Bill C-41 will guide us in that direction. Let us show tolerance and support this bill.