Mr. Speaker, I am pleased to speak this evening on Bill C-205, the proposed legislation which would amend the Criminal Code and the Copyright Act to prohibit a criminal from profiting by selling, authorizing or authoring the story or details of a crime.
Copyright refers to a system of legal rights that has been developed to acknowledge and protect the intellectual labour and works of authors and creators of every nature: literary, artistic, dramatic, musical. Copyright allows these individuals to control the exploitation of their works, to profit from their works and to protect the integrity of their works. Copyright should not be unduly interfered with, only under exceptional circumstances. Bill C-205 is one of these circumstances.
This bill amends the Criminal Code to include the definition of proceeds of crime as any profit or benefit gained by a person convicted of an indictable offence, or his family, from the creation of a work based on that offence.
This amendment extends to such profits or benefits in the existing provisions of the Criminal Code respecting search for, seizure and detention of proceeds of crime. It provides that a sentence for an indictable offence is deemed to include an order that any work based on the offence is subject to a new section in the Copyright Act.
The bill amends the Copyright Act to provide that in such a work the copyright that would otherwise belong to the convicted person becomes and remains the property of the crown even after payment of any fine or service of any period of imprisonment. The bill does not prevent any person from creating or publishing such a work but prohibits any profit or benefit that might accrue to the convicted person or to his family.
There is an interesting paradox in Canadian society today. On one hand the public decries it should have the right to know the details of a crime. We saw the outrage surrounding recent publication bans with the infamous Homolka trial. On the other hand, many of the same people say that the rights of victims and their families should be paramount. I happen to agree with the latter sentiment. No criminal should ever profit from relating the story of their crimes.
It is clear that the groups representing victims of violence and crime strongly support Bill C-205. In the words of Mrs. Priscilla de Villiers of CAVEAT: "Criminals and their families should never be allowed to accrue rich rewards for their offences anywhere, any time, any place". I agree.
The Canadian Police Association says: "This bill will provide much needed protection for the victims of crime, and ensure that their pain and suffering is not exploited". I agree. A press release from the Canadian Resource Centre for Victims of Crime stated: "This bill strikes an appropriate balance between the criminal's rights and the victim's rights". I agree.
Debbie Mahaffy said that despicable, unconscionable entrepreneurs and yes, even the public, were exploiting and profiting by selling their spin on Leslie's murder to the rest of the public which felt it had the right to know the details. The French family from my neighbouring community of St. Catharines said: "The fact that people want to profit from someone else's tragedy is disgusting but the fact that the criminals themselves can profit from crime is an outrage". I agree.
These quotes are overwhelming testimony to the revictimization that occurs when criminals profit financially from their crimes. I share this outrage.
I support Bill C-205 for three basic reasons. First, this kind of legislation has been a long time coming and will go a long way in ensuring that crime does not pay. That principle is a longstanding value entrenched in the Canadian justice system and Canadian society.
The deterrent aspect of such an amendment is of vital importance as criminals continue to be portrayed as heroes. If criminal acts continue to promise heroic status and financial profit both to the offenders and their families, the escalation of heinous crimes will never be deterred.
Second, this bill would also help to ensure that victims and their families are not further victimized by criminals. The effect of such exploitation on victims is overwhelming and unacceptable. Canada must do more to protect victims and to ensure their rights and freedoms are respected.
Third, this bill strikes an appropriate and difficult balance between the criminal's rights and those of the victim. There is concern that a criminal has the right under our Canadian Charter of Rights and Freedoms to tell his story in any form, and to pocket the profits. We are faced with balancing the protection of victims and their families with the rights of criminals to freedom of speech.
This bill provides that criminals need not be prevented from telling their stories, provided they do not profit from telling them. There are many of us who wish these horrible accounts could be silenced forever. The next best thing is to send a clear message that no criminal will ever profit financially from a crime.
I commend my hon. colleague for Scarborough West for his research and thoughtful dealing with this issue. Part of this bill deals with changes to the Copyright Act. It provides that a sentence for an indictable offence is deemed to include on order that any work based on that offence is subject to a new section, that in such a work the copyright which would otherwise belong to the convicted person becomes and remains the property of the crown forever.
The government could bring action in any country that is a signatory to the Berne Convention on Copyright to enforce its rights. This would include the seizure of funds paid to the criminal or injunctions to halt the sale of books, movies, videos, et cetera.
Our world is an ever expanding universe of technology with the ability to transfer money abroad. Criminals can access this technology. The enormous financial cost Canada incurs in enforcing law and order and public safety affects the community as a whole. It is only fitting that any proceeds from the exploitation of such crimes should revert to the crown to recompense society for at least part of those expenses. Therefore, I wholeheartedly support the provisions for the seizure of such profits.
I wish to address my hon. colleague's comments regarding the ability of Canadian consumers to make choices on these goods. Murder, violence, degradation, dehumanization and pornography are currently being marketed in novels, electronic games, slasher movies and videos. It could go on and on and must be stopped.
There is already an array of horrific material available. I do not see signs that publishers and directors are being sent a clear message from the public that this is unacceptable. Quite the contrary. It took legislation by this House to limit the sale and import of the macabre serial killer cards.
I thank my colleague again for his efforts to protect the victims and their families and ultimately all Canadians who do not want to see criminals being allowed to profit from their crimes. It is time that our society examined more opportunities to have criminals pay for what they do to victims and to society. The criminal must pay for the crime, not the victim, nor the victim's family.
Public confidence in a just and safe society depends on societal values being reflected by the justice system which is exactly what this bill does. I urge all my colleagues in the House to support this most worthy bill.