moved that Bill C-261, an act to require a referendum on the restoration of the death penalty and to amend the Referendum Act, be read the second time and referred to a committee.
Mr. Speaker, I will be splitting my time with the hon. member for Prince George-Bulkley Valley.
Let us start on this bill by being very clear about Bill C-261 is about and what it is not about. It does not propose directly to reinstate capital punishment in Canada, nor does it propose that the death penalty be the only penalty for first degree murder. Let us be really clear about that.
It does propose that the Canadian public be asked for its opinion on the subject of capital punishment. Let us ask the public what it thinks. Canada is our country. It belongs to the people, not to a political elite who know better than ordinary people.
This bill simply says "refer this matter to the electorate", ask the public what it wants. I hope that is not asking too much of our parliamentary system. Ask the public what it feels.
Bill C-261 says put the question to the public in a referendum. So that it is not too costly it proposes that this referendum question be put to the public at the time of the next federal election. In this way at the same time that a voter casts his ballot for a member of Parliament the voter can also express an opinion on the capital punishment question. What could be easier and what could be less costly? Referendums themselves can be costly but this way not so.
Let us look at the question that would be asked in such a referendum. It would ask simply: "Do you agree that if a person is found guilty of first degree murder the judge or jury should have the option of sentencing the person to life imprisonment or the death penalty?" It is important to understand that an option is available.
Obviously if there were any doubt whatsoever about guilt, even after a finding of guilty, the sentencing authority would err on the side of caution. On the other hand, in extreme cases and where there is no question whatsoever of guilt, for example in the Clifford Olson and Bernardo cases, the sentencing authority would have the death penalty option available.
Who should decide this question, our leaders, our elites or the people? The resistance out there to even asking the question tells me two things. First, our leaders and our elites in this country do not trust the judgment of ordinary people. Second, the elites think they know best. More than that, they are absolutely convinced they know best.
During the 1993 election I had many constituents in my riding of Nanaimo-Cowichan discuss this subject with me on their doorsteps. They were concerned that if elected I might go to Ottawa and vote my opinion on this, as other subjects, rather than representing them and their opinions. These constituents cited the case of Tommy Douglas, a distinguished parliamentarian and one of my predecessors as the member of Parliament for my riding.
Apparently a survey in Nanaimo-Cowichan and the islands found that over 80 per cent of the electorate favoured keeping the death penalty. Tommy Douglas, a respected man though he was, returned to Ottawa and voted for the bill which eliminated the death penalty because it went against his conscience. Understandable, perhaps, but it raises the question of an MP's first obligation.
That is why the Reform Party has a policy on matters of morality or personal conscience. Our policy is that when such questions of morality arise our MPs should do three things. First, whenever asked, advise constituents of his or her personal beliefs. Second, ascertain the will of the majority of the constituents on that issue. Third, vote to represent that majority.
It is because of this policy that I have taken concrete measures to find out what the majority of my constituents wanted in this case. Using a tele-vote system in this last year which allowed all constituents to register their opinion in a secret ballot, I found that the majority of my constituents, and I suspect this is reflected by the majority across Canada, favoured the return of capital punishment. That expression of opinion directly to me from my constituents is what has led to the preparation of today's private member's Bill C-261. That, ladies and gentlemen, is democracy in action. It takes us a step closer to some direct democracy.
There are some in the House and some in the country and some in my constituency who do not like the concept of direct democracy. Perhaps some of these do not like democracy, period. But I think the majority of people do.
Let us look at the educational benefits of having a question such as this decided in a referendum advertised well in advance. Unlike the United States we do not know the date of our election. That is another Reform matter that we should correct. Nevertheless, we do know there will be an election in Canada within the next two years. Passage of my bill in the House would mean that the public would
have an indeterminate, because of our system, but nevertheless substantial period of time in which to debate the merits and drawbacks of capital punishment.
I address this comment to the so-called elites. Passage of my bill would allow them ample time to put forth their point of view. There is no reason for them to fear the public. Get out and tell it your thoughts then listen to what it has to say. They might learn something and the public might learn something and I think all would profit. The more facts or even the more opinions we have, the better the quality of our decisions is likely to be. Education is a beneficial byproduct of all referenda and specifically a benefit of this bill.
The public should be heard. Let us hear the views of those totally opposed to capital punishment and the views of those who would use it too freely. The public is not stupid; it is possessed of much common sense. The public can hear extreme arguments and find a middle road position with which it is comfortable.
It is important that this matter get to a vote. I would like at this point to ask for the unanimous consent of the House to have this bill made votable.