Mr. Speaker, I too, as a representative of the Bloc Quebecois, would like to congratulate the Reform Party member on this bill.
It reflects a concern in his riding and throughout Canada as well, even in Quebec. However, I think that examining section 227 from this angle is not perhaps the best approach.
I will not give the historical context, as those who spoke before me have done, particularly the Parliamentary Secretary to the Minister of Justice, but it should be pointed out that section 227, as it stands, makes it easier for the crown to establish the link of causality. I do not want to go into great detail and give a lecture on law, but there are three things the crown must establish beyond a reasonable doubt when faced with an offence of this type or in any other legal case.
There is mens rea, actus reus and causal link. In the first two instances, I think that the crown, through witnesses, through various means, through factual elements, can establish proof. But without section 227, the crown would sometimes have trouble establishing the causal link.
Section 227 is, therefore, not necessarily there to protect the accused at all times, as the Reform side has said so often. Sometimes, in Canada's legal history, since section 227 has been in existence, it has helped the Crown to demonstrate a causal link, when death did not occur at the precise moment the offence was committed, but days, weeks or months later.
The amendment presented by the Reform Party would remove this prescriptive period that prevents the Crown from using this causal link to prove its case.
The bill is very clear, it removes all time limits. It states:
—regardless of the time within which the death occurs after the time of the occurrence of the last event by means of which the person caused or contributed to the cause of death.
With today's medical technology and everything else the health system has to offer, a person can last two, three, four or five years, hooked up to machines and all manner of other things.
If the Reform member's bill were passed, we would be left in a kind of legal vacuum with respect to the offence, because the individual can be charged with culpable homicide but also with other very serious offences under the Criminal Code.
This year and a half limit makes it possible for the Crown to take position and get its act together. If the person cannot be charged with culpable homicide, he will be charged with something else, as I said before, with very serious offences. But with this bill, we would be left hanging until the victim died or his condition stabilized, before we could institute legal proceedings. I do not think that is what the legal system wants.
I am not saying that there are not some very specific cases like those listed earlier, the revolting nature of which casts doubt on the entire system, but if one is going to question the system, the approach must be comprehensive. We must examine the system with experts and look at legal precedents. The approach must be one of comparative law, rather like what the parliamentary secretary has done.
We have a British tradition. What happens in Great Britain, for instance, with its far longer history in this connection? What about certain of the Commonwealth countries? What is happening in Europe? What is happening with the Americans, who are very much at the forefront in technological terms, perhaps more so than Canada? How do they operate?
Perhaps we will conclude that a longer period of time will have to be set. I would be surprised if we were to conclude that no time period need be set. We might even conclude that section 227 no longer serves a purpose. I do not know, but it is surely following an in-depth study that we could make our mark as legislators in this House.
In short, my conclusion is that we consider the rule provided in section 227 of the Criminal Code to serve a purpose at this time. In fact, establishing a time period enables us to determine whether there is indeed a causal link between the act of the accused and the death of the victim. This is why we oppose Bill C-215 as written, since it removes any time frame.
On the other hand, we must still take into account the social, economic and scientific realities in which the provisions of the Criminal Code must apply. It may be relevant, in the short or medium term, to look at the length of time currently provided, that is the period of one year and one day. Perhaps, in the not too distant future, we will consider new provisions to try to ensure greater fairness, and I am sure everyone is working toward the objective of making our system fair and just.