Mr. Speaker, I rise to support Bill C-45 and oppose the suggested amendments.
I congratulate the justice minister for the courage of bringing in Bill C-45 which, rather than rejecting outright section 745 of the Criminal Code, provides at least some alternative to absolute rejection of section 745.
Section 745 is a very bad bit of legislation. There has been a lot of talk in the House that it lets criminals sentenced to 25 years out on early parole when the victims of crime suffer the the chance of additional offences by these people if they do get out early.
What is missing in the debate is the suggestion of accountability. Section 745, as we heard from the member for Notre-Dame-de-Grâce, has not led to an increase in crime. I reject the Reform Party suggestion that it has somehow caused fear in the victims of crime that these people will get out and again commit offences against them.
The real problem with section 745, if the members of the Reform Party will listen for a moment, is that it lacks accountability. It was created in an age in which governments in every way rejected basic accountability. In 1976, 20 years ago, governments ran up deficits. It was a time of unlimited welfare. It was a time when kids went to school and instead of demanding they produce good marks, they got a pat on the shoulder and were told: "It is not so bad. You still have other potential".
Section 745 is bad because it does not demand the accountability that society demands today for the actions of everyone. When they talk about victims of crime, they are complaining about those who have been harmed. When after 15 years they have an easy option for early parole, then they are not being held accountable for their crimes. That is the problem.
Added to that is the way that section 745 operates by permitting early parole. It allows a community jury to review the record of a criminal who has been sentenced to jail for 25 years without parole. Unfortunately, this jury of ordinary citizens is allowed to come to a decision by consensus rather than by unanimity. A jury of ordinary
citizens is asked to make subjective judgments rather than to decide the issue on a matter of fact.
Consider that when an accused is convicted of a crime, that accused is convicted by the unanimous decision of a jury based on fact. The fault with section 745 is that it requires consensus and asks a jury of laymen to be subjective in their assessment of criminals.
I can say that someone who has committed a heinous crime is very often capable of deceiving the most clever individual because he or she can dissemble. A person from the community who is not used to the way some criminals can disguise their real feelings is liable to be lured into a sense of compassion which would lead to a decision which may not be in the public interest.
If 25 people have been granted early parole in the lifetime of section 745, it is too many.
Why should the justice minister not do what the Reform Party is suggesting and reject section 745 altogether? I can tell the House why. It is because there must always be hope. We humans live together and we have a strong tradition in the Judaeo Christian culture where we believe that there is at least some possibility of redemption.
If in any law that we create we believe absolutely in the dark side of human beings, if we do not believe that there is some opportunity, however rare, that a miracle may happen and that one or two may be saved, then we are much less for it. I believe that the justice minister has allowed for that miracle.
Rather than rejecting section 745 entirely, he has brought in certain provisions that make it very difficult for a person who has been sentenced to 25 years without parole to gain an early parole.
Let me cite the ways in which that has been done. First, he has eliminated absolutely serial killers and multiple murderers. They are eliminated. They have no chance whatsoever.
Second, he has initiated a screening process where a judge will intervene first and consider the character of the person applying for early parole. This is an excellent provision. Previously the case was brought to the community jury automatically when the application was passed. A very serious problem was that the victims of crime were required on occasion to go before the jury to argue against a person being let out on early parole. I suggest that this caused needless suffering to the victims of crime.
However, when a judge first considers whether the application has any merit before it reaches the community jury, I think that would be the kind of check to make Bill C-45 work.
Finally, the best part of the bill is the fact that it requires a unanimous decision of a community jury to finally allow the applicant for early parole to have the application heard by the National Parole Board. That is as it should be.
If it takes 12 honest men and women to convict and sentence a killer to 25 years without parole, it takes a unanimous decision. Why should it not be the same way with a jury of 12 to decide whether or not 25 years should be lessened or changed in any way?
This is an excellent bill in every way. It addresses the fundamental flaw in section 745 which makes it too easy for people to seek early parole. At the same time it provides exceptional circumstances where all of us as human beings would want to see a miracle occur. Perhaps some person who has committed a major crime is worth saving. The system should somehow recognize this and do something about it.
This is an excellent bill and I congratulate the minister for his courage in introducing it.