Mr. Speaker, thank you for recognizing me in this debate on Bill C-45, a bill that would substantially amend article 745 of the Criminal Code.
Many members of the public might ask what is article 745 of the Criminal Code. This provision was introduced in 1976 at the time when this House abolished capital punishment. At that time, with the abolition of capital punishment, the House decided that the penalty for murder would be a life sentence, but it also provided that those convicted of murder would be eligible for parole at 25 years for first degree murder and a period not less than 10 years for second degree murder.
At the same time, the House also provided that these convicted murderers, if they had a parole eligibility date of more than 15 years, could apply for a review of their parole eligibility date at 15 years by applying to the court in the province where the murder was committed and where there would be a judge and jury appointed to review the reasons the individual would give for reducing the parole eligibility from 25 years.
In the law it stated that the judge and jury in considering this application would have to have regard to the character of the applicant, his conduct while serving his sentence, the nature of the offence and other matters as the judge would deem relevant.
Therefore, after looking at all this evidence the jury, by a vote of two-thirds, which would be eight of twelve, could decide to reduce the parole eligibility date from 25 years to 20 years or 17 years or something like that.
Once they would have done that, if they made such a decision, the individual would then have to go to the parole board. All the judge and jury would do is consider a change in the parole eligibility date. For the individual, if his parole eligibility was reduced from 25 years to 20 years, then when 20 years arrived he would have to go to the parole board and prove he was no longer a danger to the public and that he was rehabilitated.
If he convinced the parole board at that second step that he fulfilled those conditions then he would be released, but he would not be released if he could not demonstrate those conditions. There is no suggestion by any of us who support section 745 of the Criminal Code that anyone who is still dangerous to the public or who is not rehabilitated be released. We would be completely opposed to the release of those individuals.
It is a two step process under section 745. First you apply to have your parole eligibility date changed to something less than 25 years and if that is agreed to by the judge and jury then you must go to the parole board and prove that you are no longer a danger to the public and are rehabilitated.
This provision was not a loophole. It is clearly in the legislation of 1976. A suggestion by some members that this is some sort of hidden provision in the law, that it was sneaked in, is completely false.
I had the responsibility of introducing this bill. It was introduced in this House. It was spelled out in black and white like all bills and it was clear to all those who can read and write that it was in the bill. Those who suggest today that it was some kind of hidden provision are merely misleading the public.
The reason we introduced this new process was that the abolition of capital punishment was a free vote matter. Being a free vote
matter the whips were not on and there was a lot of negotiation with individual members in the House as to what they would accept in place of capital punishment. The bargaining went back and forth, we had committees of all parties of the House, those who were for and against the abolition. I dealt with those who were for the abolition and we worked out this very complex solution. It was not my preferred version but that is how it ended up in the bargaining in the House and that is what was legislated.