Mr. Speaker, for those who are watching on C-span and the parliamentary channel I would like to outline briefly what we are debating. This is a debate on Bill C-45. Bill C-45 has been brought into place to make some changes to section 745 of the Criminal Code which allows for early parole for convicted murderers under certain circumstances.
In 1976, about 20 years ago, Parliament abolished capital punishment. When it did so it also said that there would be no eligibility for parole for 25 years for individuals who were convicted of first degree murder and 10 years for second degree murder. This change in how murderers were treated in 1976 is background to our debate today on Bill C-45.
Under section 745 of the Criminal Code, which was also brought in in 1976, in addition to first degree murderers not being eligible for parole for 25 years of a life sentence there were certain provisions brought in which would allow a convicted murderer to apply for early parole. The application would be heard by a 12-member jury from the community and this jury would look at things like hope for rehabilitation, protection of prison guards and the public interest in order to decide whether a convicted killer should be eligible to apply to be let out early from a life sentence or 25-year sentence.
Bill C-45 is a change to this process whereby convicted murderers can apply for early release from their sentences. This amendment is designed, according to the justice minister, to focus the operation of section 745 more narrowly. In other words, it would apply less broadly and to less convicted offenders and also, according to the justice minister, it would apply in "only the most deserving of cases". The justice minister so far has not explained what he means by a deserving murderer but perhaps the public can get him to do that at some point.
Bill C-45 does three things. First, no longer will convicted murderers have an automatic right to apply for early parole under section 745. A first degree murderer will only be able to apply if he or she has committed only one murder. If he or she has committed multiple murders then application would first have to be made to a superior court judge. That judge would have to decide if there is a "reasonable chance" of success for the application for early release before the application could be heard by the 12-member jury that I mentioned before.
The second change is that the 12-member jury, in order to approve an early release, would have to reach a unanimous decision instead of only two-thirds, as is now the case. That makes it more difficult, it is a little higher bar for the offender to jump over.
Third, after Bill C-45 comes into effect, multiple murderers would not have a right to apply under section 745 for early release. In other words, they would serve their full sentence of 25 years. Those are the three changes proposed in Bill C-45.
I would like to like to spend the bulk of my time talking about what Bill C-45 does not do. I have talked about its history a little. I have talked about the three things it does, but there are seven things it does not do. I believe these seven things are very important to Canadians.
The first thing Bill C-45 does not do is respond to a clear demand of two things from Canadians. The first is a much tougher response to people who violate the rights of others, particularly to the extent
of committing premeditated murder, cold bloodedly, with malice aforethought: the deliberately planned extinction of an innocent person's life.
Canadians are fed up with the weak-kneed approach to this kind of incredible violation of the rights of law-abiding citizens. In my home town of Calgary, 35,000 readers of the Calgary Sun clipped a coupon, signed it, demanding the repeal of section 745 of the Criminal Code, and mailed it in. That is 35,000 people in one city who responded to one opportunity to voice outrage and demand for change.
At our Reform Party assembly two weekends ago, members voted 98 per cent for the repeal of section 745. Even in this House, as other speakers have mentioned, many members voted for the repeal of section 745. Therefore, Bill C-45 has ignored the multiple and clear direction of the citizens of this country.
Justice is really the reflection of society's response to the violation of the rights of other people. Society is demanding a response that its justice minister, its elected government, is ignoring and flouting in this legislation.
The second thing this bill does not do is demonstrate society's repugnance and repudiation of murder. As most know, polls and surveys of Canadians have clearly and consistently shown that there is a feeling in society that when one of its members violates the ethics of society to the extent of deliberately taking an innocent life, the offender's life should be forfeited.
They are asking for the return of capital punishment yet we have not been able to have a debate on that important issue, although there are strong feelings and arguments on both sides. It is something Canadians are demanding in order to show their outrage against this kind of activity, and it is something they have not been given.
Society has also been awakened to the fact that since 1976 and since these applications for early release have been put into place, a life sentence does not mean a life sentence at all. Life does not mean life. Life means, at best, 25 years no matter how vicious, cold blooded and repugnant the crime might have been.
Sometimes it means only 15 years. Of the murderers who apply for early release under this provision, 80 per cent are given a reduced sentence. What we are saying, in that kind of response, is that society views murder as an innocent life being worth 15 to 25 years maximum of a murderer's life. That does not demonstrate the kind of repugnance that many Canadians are telling me about. They want that message to be sent.
The third thing the bill does not do is ensure truth in sentencing. Paul Bernardo, for example, was given a life sentence with no possibility of parole for 25 years, except that there is a possibility of parole. It is not a life sentence, it is a maximum of 25 years. He can apply to have that sentence shortened. There is no truth in sentencing.
Families, friends and supporters of the victims said at least the guy was put away. He will never walk the streets again. His freedom and his ability to be accepted by society have been totally cut off. They have woken up to realize that is not true. There is no truth in sentencing. Life does not mean life. Twenty-five years does not mean 25 years.
The fourth thing the legislation does not do is hold murderers responsible for their murders. It suggests some murderers are less responsible than others. It says that if there has been one murder committed the murderer will receive some consideration. Only if there are multiple cold blooded murders will the consideration be reduced. There is no justification. There is outrage that this could even be contemplated.
If Clifford Olson had killed only one young child from his community, according to this legislation he would be deserving of consideration. However, because he killed more than once, his privileges and the consideration he will be given will be reduced. If Paul Bernardo had tortured, confined and killed only one young woman he would be thought to be more deserving.
What does this say about our society? A murder is a murder. A life is valuable. The value is not predicated on the quantity. It is the quality of one life we should be protecting.
Fifth, the legislation will still allow people such as Clifford Olson and Paul Bernardo to apply to a superior court judge to have their sentences reduced. These are individuals who have totally outraged any laws of society. They have violated the very basis on which we have government. Government is for the protection of the life and property of citizens. Here are two individuals who have totally violated the entire basis on which we organize ourselves as a society and yet they will still have the right to make their pitch to have their penalty reduced. They will be able to argue before a superior court judge.
There are two points to be noted. The superior court judge, in order to allow the application to proceed, must be satisfied that there is a reasonable prospect of success. What does this reasonable prospect of success mean in practice? It has not been defined. What criteria will the judge use? There are no guidelines. Does this mean the judge must examine the convicted killer's actions or attitudes in prison? Does the judge look at the killer's childhood or schooling? What role does the victim's family play in all of this, because these considerations are to be made on written criteria? Do the victim's family and friends count at all? Will they be heard? This legislation provides no answers to these questions.
Not only that, when the superior court judge makes his or her finding of a reasonable chance of success, if that finding goes against the convicted killer it can be appealed. There will be extra money allocated to cover the cost of the appeal. Once again we have a more convoluted process. More layers of judicial process will be put into place. This is for the protection and the consideration of people who have already been found to be cold blooded killers of innocent people. Shame on us for allowing that kind of thing in the House and for going along with it when there is a decisive, clear step supported in the House which could have put an end to this nonsense once and for all.
Sixth, Bill C-45 has been introduced in such a way that it does not allow for proper debate and examination of this measure and the consideration surrounding it. The bill was introduced just last week. The House is slated to adjourn this week. In that short space of time the House must debate it at second reading, examine it in committee, complete with witnesses, propose amendments and improvements to the bill in committee and come back to the House for final reading and debate and passage.
At the same time we have other pieces of legislation that need to be cleared from the table during this session. Is the government taking its responsibilities to Canadian citizens seriously when legislation which is so fundamental to the interests of Canadians is brought in at the 11th hour with other important legislation on the table? Clearly the process is not able to deal with it adequately, have it examined by experts, commentators, the pros and cons thoroughly looked at, letting the public know why it was brought in instead of the total repeal of section 745. No, it is done almost off the cuff. That is no way for a responsible government to deal with substantive legislation in Parliament.
Finally, the bill does not satisfy the demands of justice on behalf of victims. There are people who have lost loved ones, sons, daughters, husbands and wives, brothers and sisters, in the most inhumane and horrible ways. The least these people expect from their government, their justice system and from society which is to protect them is justice, something they can point to and say this terrible thing was done but it was met with a just response.
Instead we have a bill before us which states if you kill only one person deliberately, you are entitled to quite a bit of consideration and will probably only spend 15 years in jail.
I was at a candlelight vigil a couple of weeks ago in Calgary for families of victims of violence. Many had loved ones who had been murdered, including Darlene Boyd whose daughter was murdered, and Bev Smith and others. I saw the pain, anguish and turmoil of these people whose loved ones had been deliberately and brutally taken away from them. I saw their anger and frustration with the justice system and the weak response this terrible act has called forth. It made me understand a little better why we in the House need to be much more serious in our response and treatment of the people who would violate the rights of law-abiding citizens.
It is our view that the law must be seen to be working for all Canadians, including the victims of crime and their families. There is simply no reason to maintain early release for the criminal, because there is no release for the survivors of these victims.