Mr. Speaker, I have two questions I should like to put to the hon. member who is known to be an eminent lawyer.
Members of the Reform Party have suggested that in section 718.2 certain groups are favoured over others. For example, if people are attacked or a crime is committed against them because of their race, national ethnic origin, language, et cetera, they are favoured in sentencing over people who do not belong to the groups listed. In committee we amended that section to add the words "or any other similar factor" so that there would now be no limitation on the groups to be considered under the hate crime provisions.
Now, with that amendment made in committee, if people were attacked because they were bald, fat, Liberals, or Reformers, they would be taken up in the new wording added in committee "or any other similar factor". I would ask the hon. member to comment on that.
Second, it has been suggested that even if we were to include all other groups, why should we have a harsher sentence for a hate crime against a group than for a hate crime against an individual. Is it not true that if in the Criminal Code the maximum penalty for a crime is 10 years, 15 years or life-and I give the example of the Reform Party member of people in his town going down the street and beating up people because they are hateful, not because they are hateful against the group-the judge can give the maximum sentence? If it is 10 years he can give 10 years.
This clause states that if he was to give five years rather than the maximum he might give two more years; he might give seven years. If it is a crime against an individual, could the judge not give the full maximum sentence even though no hate under this section was allowed?
I will put those two questions to the hon. member.