Mr. Speaker, I am very pleased to participate in the debate on Bill C-218, which is sponsored by the hon. member for Prince George-Peace River.
Bill C-218 seeks to impose the death penalty for first degree murder committed by a person 18 years of age or more and it seeks to change the prison terms for first and second degree murder that can be imposed on persons under the age of 18. In my remarks today I wish to speak on two aspects of this bill: first, the wisdom of reopening the debate on capital punishment for murder, and second, the suggestion that there should be increased prison terms for murder for persons under the age of 18.
The issue of capital punishment has been thoroughly explored at the national level. After debating the question a number of times between 1966 and 1976, the House of Commons adopted a bill abolishing capital punishment in 1976.
The most recent extensive debate took place less than 10 years ago in 1987. The subject of debate was a government motion. It called on the House of Commons to support, in principle, the reinstatement of capital punishment and to establish a special committee to provide recommendations on two aspects: first, on the offences that should carry the death penalty; and second, on the method or methods that should be used to carry out the sentence of death. In a free vote, and after debating the question at length in the House of Commons, members of the House of Commons voted against the motion and, therefore, against the reinstatement of capital punishment in the Criminal Code.
It is notable that in the time since this was last discussed in the House, capital punishment has not been an issue of great national importance. The hon. member is introducing this bill now, notwithstanding the fact that in 1994 Canada recorded its lowest murder rate since 1969.
In 1975, just before capital punishment was abolished for murder, the homicide rate in Canada was 3 per cent. In 1987 when the last major debate on this subject took place, the rate was 2.4 per cent. The homicide rate for 1994 in Canada, the last year for which it is available, was 2 per cent. These numbers show that not only has the murder rate not gone up since the death penalty was abolished, it has actually gone down. This is hardly justification for seeking a debate on the death penalty.
While Canadians are rightly revolted by murder, which receives the most severe sanction under the Criminal Code, the case has not been made effectively to demonstrate that the current law has failed to punish murders adequately and requires change. In my view, the
death penalty exceeds what is necessary to achieve various legitimate sentencing objectives.
The onus is on those who would want to change the law in such a fundamental way to make a compelling case. I am not persuaded by the arguments being made.
I also oppose the death penalty on practical grounds, moral grounds and conscientious grounds. I believe that effective arguments can easily be advanced to support this position. Such arguments have been made in the House over the years.
Since the 1987 debates, however, two significant cases have come to light: the wrongful convictions for murder of Donald Marshall, Jr. and Guy-Paul Morin. If capital punishment had been in effect, they may not have had a second chance at life. This is why I oppose the death penalty on very practical grounds.
If we as legislators were to support the death penalty, would we or a member of our families be willing to be that first mistake? I think not. That is why I am very opposed to capital punishment.
Our system of justice, while it does a good job, certainly is not perfect and mistakes happen. When concerned with the life of an innocent individual, we cannot afford to make that mistake.
The issue of capital punishment is both a moral and a personal issue. It is also a matter of how we see ourselves as a country and as a people. To return to capital punishment in Canada would be to go against the grain internationally. The trend in the world is to abolish the death penalty. To support a return to the death penalty for murder would be a retrograde move.
We see in the neighbouring nation to the south the presence of the death penalty. Has that done a thing to stop crimes of violence in that country? No, it has not.
I want to turn my attention now to the proposed increased prison terms for murder for persons under 18 years of age. It is quite surprising for the hon. member to bring forward these proposals at this time when new sentencing and parole eligibility periods for youth convicted of murder came into effect less than six months ago, on December 1, 1995.
A youth who is 14 years of age or over at the time of the commission of the offence of first degree murder or second degree murder may be transferred to adult court. Depending on whether the youth is found guilty in youth court or in adult court, different sentences and parole eligibility regimes apply.
If convicted of murder in adult court, the youth will be sentenced to life imprisonment. In such a case, the parole eligibility period was formerly set by the court at between five and ten years. Since December 1, 1995, a 16 or 17-year-old youth convicted of first degree murder must serve at least 10 years before being eligible for parole. A 16 or 17-year-old youth convicted of second degree murder must serve at least seven years. A youth aged 14 or 15 who is convicted of either first or second degree murder in adult court must serve a period of time between five and seven years inclusive as set by the court before being eligible for parole.
For convictions in youth court the maximum penalty for first degree murder has been increased from the maximum of five years to a maximum of ten years. The penalty for second degree murder is now seven years. Sentences for both first and second degree murder in youth court have a maximum custodial portion and a maximum period of conditional supervision within the community.
The House of Commons Standing Committee on Justice and Legal Affairs is currently studying issues related to youth crime, the youth justice system and matters concerning the operation and implementation of the Young Offenders Act. We should wait for the report of the committee before amending further the Young Offenders Act. We should also wait until we have an opportunity to assess the recent modifications to that act.
In addition, further input on the Young Offenders Act will be provided by the federal, provincial and territorial ministers task force on young offenders which will be forthcoming soon.
I cannot support this bill because I do not support the reinstatement of the death penalty. I believe the proposed amendments to the Young Offenders Act have been made and any addition or changes to that act prior to further deliberations by the committee and before the input from the federal, provincial and territorial justice ministers' committee would be premature and ill-advised.
I do not support the bill. I would like to thank the House for the opportunity to participate in the debate.