Mr. Speaker, it is a pleasure to be given the opportunity to speak to Bill C-42.
I want to be absolutely sure in what I say here that you understand that I am dealing with Bill C-42. I am speaking specifically on the consequences of the political interference to a large extent in the judiciary today. In doing so I will cite a number of examples which will show that what is happening in Bill C-42 is indeed part of the problem with the judiciary today. The examples come from my riding.
I have recently been involved with the first example. Some people will be shocked to hear it. They will wonder what exactly is going on. They will wonder how the judiciary is accountable and where we are going from here. My first example is the case of a young lady who was victimized in Aldergrove, British Columbia in my riding.
She met an Abbotsford resident, Darren Ursel, in a bar at the Alder Inn where she had gone to meet a friend who did not turn up. This young lady had a soda because she does not drink alcohol. She and Ursel got talking. Ursel suggested they go for tea. They hopped in his car, drove to Ocean Park Pizza, and stopped at a bank along the way so he could use the ATM. They had tea and coffee and he drove her back to the parking lot at the Alder Inn where her car was parked. And there the horror started.
He did not let her out of the car. He tried to kiss her. She did not want to. He became forceful and held her down. He then invaded her privacy with things that are a lot more disgusting than I should even mention in this House, and I will not. This fellow violated this woman in the worst ways one can imagine.
He went to court in my riding. The judge said that what Ursel did was aggressive, angry and sadistic to some degree and that at other times Ursel was tender. The judge took into account that Ursel had no criminal record, was remorseful and had done everything in his power to deal with the situation.
It sounds familiar. Bill C-41 was mentioned a little while ago in relation to conditional sentencing. So let us see what good old Judge Harry Boyle gave Mr. Ursel. He found him guilty, all right. Ursel was sentenced to two years less a day conditional sentencing; not one day of incarceration. This is conditional sentencing: "If you do it again you will be sorry". He was put on three years probation.
Today that young lady is in very bad shape. The community is appalled at that decision, and understandably so. What it really says to me is the judge really said the first rape is free, there are no consequences. That kind of lack of accountability in this country is absolutely appalling. Most people in my riding think that judge should be removed from the bench and so do I.
Ursel is walking the streets today, but the young lady is not. We have not taught him a darn thing about the horrendous acts he undertook. If I told members what he did they would be that much more ashamed of the decision that was made.
To some extent that leads me to another example in my discussion of Bill C-42. Later I will explain why this is all happening in Bill C-42. I want to talk about a young man named Arron Stewart. I know his mom and dad are listening and so I will present the facts as they gave them to me.
On March 26, 1995 their son, Arron Michael Stewart, was killed by a single stab wound to the heart. He was 23 years old. The individual responsible was an 18-year old, Scott Kent.
When a group of males from Delta were leaving a party an altercation took place between a Langley male and one from Delta. They were separated by another Langley male. Another young fellow was accused of becoming involved in a fight and kicking another fellow down.
Kent was hit in the face by one of these young men and, in retaliation for kicking and mouthing off, Kent returned to his residence, assessed the damage to his face, stole a knife and returned to the scene. It was the crown's contention that Kent was going after another young fellow.
Kent was stopped and was asked what he had in his hand. They had seen a knife. It was mentioned that the knife was in this fellow's hand. The knife was presented. Young Aaron approached, pushed another fellow out of the way for his protection and within seconds he was stabbed. He died 15 minutes later.
This is only a very short snapshot of the events. Suffice it to say Aaron was no threat whatsoever to Kent. The evidence presented at the trial suggested that Aaron 's role was that of peacemaker. He tried to disarm or defuse the situation. According to Kent, Aaron was going to assault him.
The defence's position was self-defence. Given all the evidence it was, at best, difficult to believe and a very hard sell.
Kent was on probation for assault causing bodily harm at the time. Aaron had no record whatsoever.
The judge instructed the jury, over 40 pages, not to take this information as a propensity to violence. That is what the judge said, that he has a previous record but do not consider it.
Bob and Audrey Stewart say they feel that Aaron's life was taken in a violent manner, and it was. They felt that Kent was guilty of second degree murder. On two occasions a plea bargain for manslaughter was put to the crown and rejected. They were confident that justice would prevail and Kent would be held accountable.
On October 30, 1996 at 12.15, after 16 hours of deliberation, Kent was acquitted. The last thing the parents remember the judge saying, while he was smiling, was: "You are free to go".
This young fellow murdered an innocent young man. He had already been charged with assault. He was free to go.
This is one of the few countries in the world where a person can stab someone else and not be penalized. I often wonder how it is possible for someone to be free to go when they attempted to plea bargain for manslaughter, virtually admitting what had happened.
Where do these decisions come from and why? I have studied many Canadian judicial decisions over the last several years. I want to relay a few which pertain to Bill C-42. Some of them will surprise people, but I have become hardened to the kind of decisions which are made these days. I have talked to a lot of young people about these decisions and they are appalled. They do not know how to stop it. They do not know what to do.
How do judges get on a bench? Are they political appointments? Basically. With Liberal governments being in power in Canada for so many years how can we expect anything other than many Liberal judicial decisions?
One of the Liberals, I believe, just said "and a few more yet". If that is so, then we can expect more Liberal judicial decisions like the ones I am going to read to the House.
B.C. Supreme Court Justice Sherman Hood, before acquitting a man of sexually assaulting a North Vancouver waitress, said: "No' sometimes meansmaybe' or `wait a while"'.
Has anyone in their life ever heard such disgusting rulings? That is an easy one. In the Northwest Territories circuit court Judge Michel Bourassa said that sexual assaults "occur, when the woman
is drunk and passed out, the man comes along, sees a pair of hips and helps himself". That is from this country's bench.
Many people listening may have heard B.C. county court Judge Peter Vanderhoof describe a three-year old girl. She could be anyone's child. After sentencing her attacker to 18 months probation for sexual interference as they call it today, he called the three-year old girl "sexually aggressive". Now I ask, is that reasonable? Is that in any way typical of what Canadians expect from this country's bench? Where do these decisions come from?