House of Commons Hansard #62 of the 35th Parliament, 2nd Session. (The original version is on Parliament's site.) The word of the day was jury.

Topics

Criminal CodeGovernment Orders

12:55 p.m.

Reform

Val Meredith Reform Surrey—White Rock—South Langley, BC

Mr. Speaker, it is not I who shows little faith in jurors and in fellow Canadians. It is the people who support this legislation who will put aside a decision that jurors made in the

initial charge of this conviction. It is a trial by jury and by judge that tries and convicts people on first degree murder.

A person cannot be convicted of first degree murder unless there is a jury there. I respect the jury and I respect the judge at the original time.

Why would we need another judge and jury to decide the fate 15 years later? That fate was decided with all the evidence presented at the time. I respect their decision. I and my colleagues ask why does nobody else respect the decision of that initial court?

Committees Of The HouseGovernment Orders

1 p.m.

Liberal

Don Boudria Liberal Glengarry—Prescott—Russell, ON

Mr. Speaker, on a point of order, I believe you would find unanimous consent for the following motion. I move:

That the vice-chair of the Standing Committee on Transport and one researcher be authorized to travel to Chicago on June 18, 1996 to gather information on the creation of a binational structure for the St. Lawrence Seaway.

This is an amendment to a motion adopted on May 16. Both parties have been consulted. I believe you would find unanimous consent for the motion.

Committees Of The HouseGovernment Orders

1 p.m.

The Deputy Speaker

Is there unanimous consent for the motion?

Committees Of The HouseGovernment Orders

1 p.m.

Reform

Ken Epp Reform Elk Island, AB

Mr. Speaker, it is embarrassing if our people have not done their job but this is the first that we have heard of this. We have not been informed.

Committees Of The HouseGovernment Orders

1 p.m.

The Deputy Speaker

There does not appear to be unanimous consent for the motion.

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1 p.m.

Liberal

Don Boudria Liberal Glengarry—Prescott—Russell, ON

Mr. Speaker, I have another motion to propose. Perhaps the hon. member can verify this with his colleagues and then he will be satisfied that there was consultation.

Later this afternoon the House will be dealing with Motion M-116. There have been consultations about this initiative. I move:

That at the end of the time allotted for private members' hour, a recorded vote be deemed to have been requested and that such a vote be deferred until next Tuesday at 5.30 p.m.

(Motion agreed to.)

Business Of The HouseGovernment Orders

1 p.m.

Liberal

Don Boudria Liberal Glengarry—Prescott—Russell, ON

Mr. Speaker, with respect to the first motion, a telephone call has been received from the Reform whip's office telling us that the motion with regard to Chicago has received unanimous consent. If not, I am ready to propose it later, perhaps after the next speech.

Business Of The HouseGovernment Orders

1 p.m.

The Deputy Speaker

Is there unanimous consent for the previous motion?

Business Of The HouseGovernment Orders

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Some hon. members

Agreed.

(Motion agreed to.)

The House resumed consideration of the motion that Bill C-45, an act to amend the Criminal Code (judicial review of parole ineligibility) and another act, be read the second time and referred to a committee.

Criminal CodeGovernment Orders

1 p.m.

Reform

Jim Silye Reform Calgary Centre, AB

Mr. Speaker, I want to get to something more important than wasting money down in Chicago and that is Bill C-45.

The Liberals do not get it and it is our job to tell them what they are doing is not right. Let me continue to show the weakness of this bill.

The screening review mechanism that the government has developed is a joke. I wonder, as do many Canadians, if this review process will be as effective as the National Parole Board has been under this new system.

The crown and the criminal are able to submit evidence in the form of an affidavit. There is no examination of the inmate until a jury hears the case. While an affidavit is a legally binding document, why should anyone who has committed the most heinous crime there is, the cold and premeditated taking of another human life, be trusted? One time is enough. They are put away one time, not two, three, four times.

Does the government's rehabilitation program suddenly instil honesty in these criminals? For the protection of Canadians we should have the right to question inmates before they are granted jury hearings.

One of the most troubling aspects of this bill is why the government puts more value in the loss of 2, 3, 20 or even 200 lives while the loss of one innocent life is grounds for a sentence review. Why try to make a distinction?

As reporter Licia Corbell wrote: "Take, for instance the fact that Rock is distinguishing between multiple murderers and those who kill once as though a murder victim's death is only legitimized by someone else's murder". That is ridiculous. That is sad. It is enough to make one sick.

This is what the justice minister does not get. He believes a first time murderer, a premeditated killer, found guilty by a jury of his peers deserves a second chance. A second chance for what? To do it again? The punishment should match the crime. Some of us favour capital punishment, some do not. It is life imprisonment, but a murderer serves 25 years, and automatically gets paroled after 25 years. Now the government wants to reduce that even more. That is totally wrong.

Corrections Canada's mission is to contribute to the protection of society by exercising lawful control. It seems ironic that the government willingly sends peacekeepers around the world to protect the lives of people in countries such as Bosnia, yet it is willing to release rehabilitated murderers on to Canadian streets.

Why do two or more people have to be killed by one murderer before the government steps in to lock these criminals up? Where are the government's priorities? Has it forgotten that its first responsibility is to Canadians? We must do everything to protect their safety. Is is any wonder that people do not trust our justice system?

It is time to place the rights of victims at the forefront. It is time to put law-abiding citizens ahead of the rights of criminals.

Has the justice minister ever offered the Boyd or the Rosenfeldt families compensation for the horrific murders of their children? No, he has not. However, the government is willing to offer inmates compensation for slipping on a stairwell. The government is willing to offer Clifford Olson compensation to the tune of $100,000. It is even allowing him to publish books and make videos while in jail. What a slap in the face to these families. Where is justice? What a disservice and what an insult. There is no justice for the victims.

Why is the government so soft on criminals? Make no mistake, the people who we are talking about are criminals. They have broken the law. They are first degree, premeditated killers. We are not talking about second degree, by chance, look at the review and the situation and maybe give them a second chance. Society wants these first degree, premeditated, plan to kill killers punished for those crimes.

However, instead of punishing them, they are given compensation. They are made to feel comfortable. They are provided with the opportunity to be released early but, as the justice minister says, "only in appropriate cases".

When was first degree, pre-planned murder ever an appropriate case for early release? Why use language like this? This is what the justice minister said: "This is the right thing to do because it preserves the opportunity, but only in the appropriate cases". Do we not want a deterrent? Do we not want to have a deterrent for killers that plan to kill, that plan to take another life? Do we not want to tell these people that if they plan and commit a murder they are going to pay the price which is 25 years in jail? And if they are not good after 25 years then maybe they will serve even more. I do not think this Liberal government wants a deterrent. It wants to appeal to some soft bleeding hearts, but I will save that for another part of my speech.

The justice minister also said: "I think it is impossible to say that of all the hundreds and hundreds of people serving time for murder that there is a purpose to be served either for the victim or society to have them serve all 25 years without the prospect of a review". We are not talking about the hundreds and hundreds of second degree murderers. We are talking about first degree, pre-planned, premeditated murderers here. He is trying to whitewash the two situations. He is trying to mingle the two together. He believes they deserve a second chance. I disagree and I think the majority of Canadians do as well.

If these measures are going to strengthen the justice system and make Canadians feel safer, why do we not release these one-time murderers, if they get released after 15 years, and put them into the neighbourhood of the justice minister and the solicitor general? I wonder if either one of these ministers would feel safe if we released these rehabilitated criminals into their neighbourhoods. Would they think twice about walking around in their neighbourhood at night? Would they worry about the safety of their children, grandchildren, friends and neighbours? I am sure they would.

If they had a reason to be concerned then they need to listen to Canadians and give this bill some real clout. They should close all the loopholes like section 745. They should give Canadians some peace of mind and quit coddling the criminals.

The public is scared. Our streets are no longer safe. Crime is on the rise. The minister tells us: "Oh well, they are using statistics like `if I punch this guy in the face that is violent crime so therefore that is increasing crime"'. That is not a violent crime and not worth talking about. Violent crimes are increasing and young offenders crime is increasing.

Criminal CodeGovernment Orders

1:05 p.m.

Liberal

Don Boudria Liberal Glengarry—Prescott—Russell, ON

Don't move.

Criminal CodeGovernment Orders

1:05 p.m.

Reform

Jim Silye Reform Calgary Centre, AB

As long as he does not move his head we are okay, Mr. Speaker.

Even the justice minister admitted a few days ago that Canadians want a country where they feel secure in their homes and communities and where men and women can grow without fear. Our society has been shaken by violent crime and a defective criminal justice system which this Liberal government has been so slow to fix.

Despite the justice minister's claims, the public interest will not be served by keeping murderers in prison for any less than 25 years. The justice minister is trying to suck and blow at the same time. He is trying to satisfy Canadians that he will look after the Clifford Olson's of this world by not allowing them a chance for early parole from this time forward.

We are not concerned about Olson. He is not going to get out. I think most Canadians should feel safe about that. Even under the

existing law he will not get out. We do not need to scare Canadians with that. That is not what the Reform Party is saying.

However, we are saying that the justice minister cannot suck and blow at the same time, telling Canadians to fear no more and still please the bleeding heart liberals, the bleeding heart defence lawyers who try to go to the nth degree to make the law more lenient for criminals. They do not give a darn about the victims. They are so quickly forgotten.

Look at Nicole Simpson. Look at the tragedy in Calgary where someone was shot six times in the back. The whole trial was not about the victim. The whole trial was about whether the offender was in a robotic state. That is where defence lawyers are taking this country. I am offended and tired of it all.

The government cannot have it both ways. It must decide who it wants to please. The people the government and the minister should be trying to please is the Canadian public, not the bleeding heart liberal lawyers in our defence system.

The Canadian public is upset with the soft, wrong-headed target of this intended bill. They want to show the justice minister they are upset. They want to show him that he has not solved the problem but that he has created more anxiety and more fear and concern. They can show their concern by calling their MPs if they like but that probably will not make any difference. But Reformers are here every day. We will be hammering the justice minister every day. However, he is perfect and he never makes a mistake. He will never listen to us. But he will listen to Canadians.

Canadians want him to get with it, to get tough on young offenders. They want him to put in a proper Young Offenders Act, not one that is wishy-washy, where if a person is 15 or 16 they have to prove that they should not be tried in adult court. When 12 and 13-year-olds are telling the police what their rights are, it is time to crack down. If you do the crime you pay the time. These kids need protection from each other.

The minister is soft on section 745. He knows what the Canadian public wants. Why does he not just do the right thing?

Let me get back to the Canadian people. I believe there are lot of Liberals who believe that the justice minister is being too soft. We believe he is too soft. He should remove the anxiety and the fear from peoples' minds and make our streets safer. If the Canadian people feel that way then send him a fax. I am asking Canadians to send Rock a fax at 613-990-7255.

Criminal CodeGovernment Orders

1:10 p.m.

The Deputy Speaker

Before questions or comments, I would ask all members not to refer to other colleagues in the House by their first, last or middle names. They must be referred to by either their riding or their ministry.

Criminal CodeGovernment Orders

1:10 p.m.

Liberal

Don Boudria Liberal Glengarry—Prescott—Russell, ON

Mr. Speaker, I listened with interest to the comments of my hon. colleague. I am really glad that extremism has been eradicated from the Reform Party. Imagine how the speech would have sounded under the previous form of extremism.

Having listened to the more moderate Reform Party that now exists since their last convention-

Criminal CodeGovernment Orders

1:10 p.m.

Reform

Jay Hill Reform Prince George—Peace River, BC

That is not extremism.

Criminal CodeGovernment Orders

1:10 p.m.

Liberal

Don Boudria Liberal Glengarry—Prescott—Russell, ON

I am glad the hon. member told us that the speech we just heard is not extremist. There is worse than that in the Reform Party. That is the point I was getting at. I am glad he seized upon it.

I agree with the member that this is not extremism, that there is worse yet within the Reform Party. We in the government understand that and all Canadians do as well.

I want to get to the content of the speech of the hon. member for Calgary. I must say that he and I have a different concept of what justice is.

Criminal CodeGovernment Orders

1:10 p.m.

Reform

Jack Ramsay Reform Crowfoot, AB

Obviously.

Criminal CodeGovernment Orders

1:15 p.m.

Liberal

Don Boudria Liberal Glengarry—Prescott—Russell, ON

That is quite true. It is not a matter of who is a bleeding heart Liberal as opposed to a red neck Reformer or whatever. That is not the issue. The issue is what is just and that is what we should be concerned about today.

My hon. colleague said that we were not concerned about Clifford Olson being able to leave jail under section 745 of the Criminal Code and I do not think I was either. Does the member agree with me, which he has just done, that such a probability was virtually non-existent? Will he make sure to chastise his colleagues who have been invoking that proposition in order to instil fear in Canadians on this very issue?

Criminal CodeGovernment Orders

1:15 p.m.

Reform

Jim Silye Reform Calgary Centre, AB

Mr. Speaker, the only people I am going to chastise are the ones in the Liberal government. The only person I am going to chastise is the member when he says imagine what kind of country we would have if Reform ran it. We would have a wonderful country. We would have a better country than what we have under the Liberals.

The Liberal Party once stood for the little people. It once stood for the little guy. The Prime Minister used to campaign as the little guy from Shawinigan pretending he had no money, that he was a poor boy and he just worked his way up like everybody else and that he was making just $50,000, $60,000, $80,000 a year as a hardworking lawyer and a politician. He is not a little guy any more. He does not represent the little guys and the Liberal Party does not represent the little guys any more. The Liberals now are big business. They are worse than the Conservative Party.

Talk about imagine. Imagine having a justice system that cares more about the criminal and the rights of the criminal than it does about the prevention of crime and the victims of crime. There is something wrong.

We should be doing something about it. The punishment should match the crime. Whether someone is 12, 13, 14 or 100 years old, if they commit a crime, they should know beforehand what the penalty will be. They should know that the penalty for first degree premeditated murder is life imprisonment. That penalty might match the crime. Life imprisonment. But then it is softened by saying that they may be let out after 25 years, or is it automatically out after 25 years?

Criminal CodeGovernment Orders

1:15 p.m.

An hon. member

Automatically.

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1:15 p.m.

Reform

Jim Silye Reform Calgary Centre, AB

It is automatic. So the penalty for taking a life is 25 years.

While serving the 25 years the person can appeal and file for earlier parole at 15 years. Now the Minister of Justice is trying to differentiate between one murder and multiple murders. That is what makes his amendment ridiculous.

Why try to make this distinction? The reason he is trying to make section 745 seem tougher, or he is addressing it with a new bill altogether, is that he has received complaints. He knows that everything we have been saying is true. Canadians are concerned. Canadians want criminals punished more. They do not want them to make a mockery out of the criminal justice system. He has heard those comments but he is not listening to the people he should be listening to.

Gosh, the prosecution lawyers are frustrated. Time after time they bring criminals into court and there is plea bargaining and then the criminals get off. The criminals are served a lighthearted slap on the wrist sentence and then they do the same crime again. All kinds of deals are done. They are given 12 years and then they get early parole after three years. The prosecutors, the police and the RCMP are not happy.

Why do we not toughen up our laws? That is all we have to do and we are the ones who have the ability to do it. The minister is the man who is responsible for doing it and he will not. He is going soft. He is trying to give the impression and appearance that he has done something with the laws we have. Now I know why I always compare him with the finance minister; he is trying to create a myth too. He is the second minister of myth because he is trying to create the illusion that he is getting tougher and is doing something. Do not worry, serial killers will not get out after 15 years, only after 25.

I find it frustrating. Instead of listening to the people who are complaining, he is trying to please the lawyers that come from the litigation system and the defence system, the bleeding heart lawyers, the bleeding heart individuals, the bleeding heart Liberals. He is trying to please them.

The minister cannot suck and blow at the same time. He cannot have it both ways. He is either blowing with the wind or against it, or he is sucking in the wind. Whatever he wants to do, he has to make a decision which way he wants to go. The minister has chosen to try to do both and he is satisfying neither. They are half measures that just anger both sides. I am sure he takes his lesson and his leadership from the Prime Minister who tries to do the same thing.

Criminal CodeGovernment Orders

1:20 p.m.

Reform

Keith Martin Reform Esquimalt—Juan de Fuca, BC

Mr. Speaker, I would like the public and members of the House to put themselves in somebody else's shoes.

Imagine you are the husband, the father, the wife, the son or daughter of somebody. You come home one day and a police officer is at your door. The police officer asks you to sit down and he tells you that unfortunately and sadly your loved one has been murdered, murdered in cold blood, murdered in a premeditated fashion. An innocent person has been murdered. They have been ripped out of your life with absolutely no explanation.

These individuals, these loved ones are left to pick up the pieces after this unspeakable tragedy, a tragedy we would not wish on anybody. It destroys their families and their lives forever. The impact and pain these people feel are immeasurable and last their entire lives.

It is for this reason and in this context that we discuss Bill C-45, an effort to make amendments to section 745 of the Criminal Code.

As we have discussed before in the House, this bill deals with a very narrow issue. It deals with individuals who have committed cold blooded, premeditated, first degree murder. These individuals wantonly, irresponsibly and without any regard for anybody else have taken lives, something they have absolutely no right to do.

We disagree with the changes the justice minister is making on a number of levels. First, what kind of message does it send to murderers? It sends the message that if they kill one person, it could be okay; if they kill more than one, it is definitely not. Murder is murder and has to be deplored, period.

Second is the concept of deterrence. Some people would say that having a first degree murder penalty of 25 years with no hope of parole is not a deterrent to committing the crime. Having worked in jails I can say that deterrence plays a very big role in people's actions. Deterrence does play a role.

The prospect of a penalty of 25 years is not looked upon favourably by anybody. The penalty of 25 years without any exception has to be there for first degree murder. It is not there for second degree murder for a reason, but it must be there for first degree murder because first degree murder applies only to premeditated cold blooded murder, an act that is so reprehensible that the majority of Canadians have said that people who commit this type

of murder must be treated in the harshest way. This would send a message of deterrence and would also provide protection for society.

We have seen a significant departure in our justice system since the early 1980s. At that time the Liberal solicitor general said to Canadians: "From now on the focus of the justice system is not going to be on the protection of society. The focus of the justice system will be on dealing with the criminal. We are going to concentrate on the criminal, not the protection of the innocent in society".

That is the mindset which has pervaded our justice system over the past 14 years. It is something Canadians have been utterly revolted by. They feel that their rights as innocent civilians to be protected by the justice system are being abrogated from on high by the federal government in Ottawa.

That is why my colleagues from Surrey-White Rock-South Langley and Fraser Valley West, and my colleague from Crowfoot who was our lead speaker on this bill, have put forth constructive measures to ensure that the protection of innocent civilians is the primary goal of our justice system.

It is not to say that we are not concerned about rehabilitation. It is not to say that we are not concerned about prevention. However, certainly the number one goal of our justice system has to be the protection of innocent civilians. That is why we feel the changes to section 745, which Bill C-45 brings in, do not properly reflect our desire to protect Canadian citizens.

There are a number of measures the justice minister can take. I would suggest that he look at the following. Some interesting experiments have been done in the United States. They looked at inner city schools that had very high teen pregnancy rates, high crime rates, high drop out rates and high illiteracy rates.

The school children were referred to the university which started to deal with the children early on, from kindergarten on. Not only did they teach these children their ABCs and the three Rs but they also taught them concepts such as self-respect, respect for others and appropriate conflict resolution. They informed them about drug and alcohol abuse and smoking.

The parents were also brought in. They were usually single parents. That was the environment these children lived in. They brought the parents into the school system, and the parents took an active role in the classroom with their children and with the teacher. The parents often did not know how to be good parents. They did not themselves have the basic pillars of a normal psyche because they had grown up in an abusive environment.

The outcome was very interesting. The parents learned how to be good parents. The parents learned what self-respect was. The

parents learned that slamming somebody's head into a wall was not appropriate conflict resolution. The parents learned about drug and alcohol abuse and the value of education. In the end, there were much lower rates of drop outs, criminal activity, drug abuse, assaults, et cetera.

The hon. justice minister should bring together his colleagues, the ministers of education from across the country, to change the focus in our education system. The greatest impact we can have on the justice system later on, and the prevention of conduct disorders and criminal behaviour is through changes by focusing on early childhood education in the way I mentioned.

I would bring attention once again to the bills my colleagues in the Reform Party have put together. There is the one on the victims bill of rights. I hope the justice minister does not let this very good bill die in committee. He should give it the same expeditious treatment that he gave to Bill C-33. There is also the bill of my colleague from Surrey-White Rock-South Langley on dangerous offenders. The justice minister should take a very close look at that because it will certainly make our streets safer.

Revamping the Young Offenders Act is essential. It is an absolute sham right now. Changes need to be made. I implore the justice minister to deal with that. I know members across the party lines would be very happy to work with him to make our streets safer for Canadians.

Criminal CodeGovernment Orders

1:25 p.m.

The Deputy Speaker

It being 1.30 p.m., the House will now proceed to the consideration of Private Members' Business as listed on today's Order Paper.

The House resumed from May 28 consideration of the motion.