Mr. Speaker, Motion No. M-116 is identical to motion numbered M-461 debated during the last session. It did not win approval of the House. I note that the hon. member keeps trying on this subject.
At the outset, I do not believe that the hon. member for Surrey-White Rock-South Langley has thought this idea through, either in terms of its legal impact or its practicalities. Let us be clear on exactly what this amendment to the Criminal Code would require if it were approved.
First, every criminal who is convicted of a serious sexual offence, namely sexual assault under sections 271, 272 and 273 of the code would have to be examined by two psychiatrists in order that the risk of reoffending be determined. If they conclude that the risk is high, then a dangerous offender application would, of necessity, have to be launched. There would be no discretion on the part of the judge and certainly not on the part of the crown prosecutor.
Under the present system, the judge considers relevant information about the offender's criminal history and the mental state of the offender at the time of the offence. This usually takes the form of a formal pre-sentence report. Of course the perspective of the victim is considered.
In other words, in a normal case a whole range of information is taken into account in order to determine the appropriate sentence. If this motion were to be adopted, every convicted sex offender would be remanded to a psychiatric facility for a thorough examination by two psychiatrists. These psychiatrists could give a precise prediction of the risk presented by every criminal.
Under current law the crown attorney and the judge are the authorities who decide whether to seek the opinion of psychiatrists on the danger posed by a convicted person. It is not the other way around. The psychiatrists do not tell the officers of the court whether to proceed with a dangerous offender application.
There is good reason for giving the crown and judges the discretion to seek a detailed psychiatric examination of the offender and to initiate a dangerous offender application. It is because the dangerous offender process is essentially and primarily a legal one, it is not just a question of psychiatric prediction.
The crown attorney has to decide whether the dangerous offender application will meet the legal standards set out in part XXIV of the Criminal Code. For example, section 753 of the code requires the crown to show that the offender "by his conduct in any sexual matter, including that involved in the commission of the offence for which he has been convicted," has shown a failure to control his sexual impulses and a likelihood of causing serious injury in the future.
This is a legal test, as the courts have repeatedly pointed out. There is no point in making an application under part XXIV if it has no chance of succeeding.
I do not wish to denigrate the role of psychiatry in this process. Indeed, dangerous offender rules require that psychiatric evidence be presented for both sides at the dangerous offender hearing.
I also note the references which the hon. member made in the last debate on this issue to the work of Dr. Robert Hare in predicting the risk of recidivism by psychopaths, including psychopathic sex offenders.
The ability of psychiatrists and psychologists to assess the nature and degree of risk of offenders has certainly improved in the last decade. I have heard Canada described as a leader in this field. I further note that the Correctional Service of Canada employs a wide range of clinical and actuarial testing in its intake and case management programs for federal inmates.
The proposed amendment to the Criminal Code has the balance wrong. It would compel the crown to bring a dangerous offender application every time a pair of psychiatrists reach a medical conclusion about risk. Perhaps if the motion called for discretion, it might receive more support. However, the motion advocates a sweeping measure that would diminish the role of judges and prosecutors and indiscriminately force every case of sexual offending to proceed through a lengthy and expensive examination by psychiatrists, even when there is little chance of those psychiatrists labelling the offender as high risk.
I am glad that the hon. member has such faith in psychiatrists. Perhaps she is unaware that the Canadian Psychiatric Association has stated that there is already a shortage of qualified forensic psychiatrists in Canada. The Correctional Service of Canada and provincial departments of justice are already hard pressed to find psychiatric advice even for priority cases.
I find it interesting that the Reform Party will spare no expense in this area, even if the chances of winning a dangerous offender case are thin or remote. To put this in context, I refer members to figures which were recently released by Statistics Canada.
In 1994-95 the federal government spent $913 million on adult corrections. The provinces and territories spent another $980 million. The capital cost of building federal penitentiaries increased 70 per cent between 1990-91 and 1994-95. It costs taxpayers $44,000 per year to keep a person in a federal penitentiary. The per capita cost to operate the adult correction system represents $65 for each Canadian.
Could we not be a bit more selective in where we focus our resources? Did the hon. member do a cost analysis?
I would like to suggest there is a way to be selective and strategic in the way in which our limited resources are employed. The speech from the throne of February 27 of this year contains the following statement:
The government will focus corrections resources on high-risk offenders while increasing efforts to lower the number of young people who come into conflict with the justice system. The government will develop innovative alternatives to incarceration for low-risk offenders.
This motion is typical of measures that unselectively demand indeterminate detention for crimes that should be targeted much more carefully. I believe the important word here is carefully.
I trust prosecutors, courts and juries to pass the appropriate judgments on sex offenders. We all expect that. The question that must be asked is whether sex offenders are slipping through the system. Are opportunities for dangerous offenders being missed?
Federal and provincial ministers of justice certainly agree the dangerous offenders provisions are an extremely valuable tool if used properly.
I note that during the last debate on this identical motion the Minister of Justice made reference to the dangerous offender flagging system. This system has been set up by the RCMP working closely with the provinces. It allows police and prosecutors to identify criminals who appear to demonstrate a high and continuing risk of future violent conduct.
Police and crowns can then become aware of these individuals through a flag placed on the data banks of the Canadian Police Information Centre, CPIC. I am informed that most provinces and territories have designated co-ordinators to operate the provincial end of the system and that a number of offenders have already been flagged. It is this kind of targeted measure that will make the dangerous offender procedure more effective.
The Supreme Court of Canada has ruled that the dangerous offender sentencing procedure as set out in part XXIV of the Criminal Code is a well tailored scheme that meets the requirements of the charter of rights and freedoms. The criteria are reasonable and focus on a select group of high risk offenders.
If the sweeping, unselective amendments anticipated in this motion were implemented there would be a considerable risk that the entire dangerous offender scheme would be undermined and discredited. I cannot support the motion.