Madam Speaker, it is my pleasure to speak on the amendments being proposed to Bill C-17 this morning.
I was sitting in the justice committee when we dealt with Bill C-41 dealing with changes to the sentencing act. Not only Reform members of that committee but also some Liberal members pointed out that the changes to the sentencing act could cause problems. Some of the problems would be in the area of specific crimes or offences and alternative sentencing. Alternative sentences or the use of other means other than incarceration were not specifically for non-violent crimes. It was left open for the courts to consider its use for all crimes. Not only Reform members but also some Liberal members were very concerned about leaving this section wide open for the courts to use.
Over the last number of months we saw in a riding next to mine where a violent rapist was given an alternative sentence without any days of incarceration. He was let back into the community to carry out his sentence in his own home. If I remember the comment, it was that being confined to his own home was like being jailed. If that is the case, if there is no difference between being confined to home or locked away in a prison, there is something wrong with our prison system.
That problem was indicated at committee stage before the legislation returned to the House at report stage. Why did the government not consider those amendments at that time? Why was it that the justice minister and his department went ahead with the bill in its written form rather than seriously consider amendments proposed at the committee stage that would have dealt with the issue before the bill was read for a third time and passed?
The justice minister and his department were remiss. They were close minded in their consideration of committee recommendations that would have made it a better piece of legislation. The justice minister and his department were very set on seeing the bill go through as it was written.
I find it ironic that probably a year later the justice minister realizes he had made a mistake and should have listened to the committee input. Now he is rectifying that by amendment. As a matter of fact he is looking at it as an amendment to an omnibus bill that was written before. He did not even pick it up when the omnibus bill was written.
We are dealing with an amendment that is only been dealt with by unanimous consent of all parties in the House. We recognize the importance of the courts knowing that limitations should be set. I am very disappointed that limitations are not being set and that the justice minister is cautioning the courts. I cannot say how many times the House has had to deal with legislation because the instruction through our laws has not been clear enough for the Federal Court to make a clear and concise decision.
Once again an amendment to a bill is being proposed. We are supporting it, knowing that it is not the right way to deal with the issue. All we are doing is cautioning judges. We are not giving them specific and exact law under which they can make their decisions. We will still have problems with the alternative sentencing aspect of the criminal justice system. It frustrates me to no end when we have input from very capable members of the House of Commons who can foresee these types of instances coming up and make recommendations to solidify it or to tighten up the law so that it is very clear to all who deal with it. Yet that is disregarded.
I support the amendment but I caution the government and the Minister of Justice that it will not solve the problem. He has stopped short of identifying definite areas where alternative sentencing should be used. There is no way that Canadians will support the use of alternative sentencing for dangerous offenders. There is no way Canadians will support this kind of alternative sentencing for people who have caused physical harm to another human being such as the sexual assault offence in my neighbouring constituency. The people of Canada will just not accept the fact that a person can physically and viciously assault another individual and be confined to home. It makes a mockery of the justice system.
In my riding Clifford Olson is coming back this summer for his hearing. That was another issue the committee dealt with in Bill C-41 to prevent it from happening and to make sure there would not be an opportunity for such an individual to obtain a section 745 review. Did the minister listen at that time? Absolutely not. It was not just opposition members bringing in amendments. It was government members sitting on that committee who felt it needed to be dealt with.
Once again we have an issue before the people of Canada because of the inability of the justice minister to do what is right for the country. I look forward to the day when he wakes up one morning, realizes something more needs to be done on that issue and presents another amendment. Hopefully it can be in the omnibus bill before we adjourn the House.
We support the omnibus bill very reluctantly because it will not solve the problems. It just puts them off for another day. Rather than stand in the way of any movement in the right direction, we
find ourselves forced to support some very weak attempts at correcting some problems in the justice system.
I would like to feel that the justice minister is beginning to realize that Canadians across the country are looking to him and to the government to do something to protect them, to change the laws, and to put emphasis on penalizing the offenders and recognizing the rights of the victims.
Canadians would like to think the justice minister and the government are concerned about their safety and the safety of their children. We really do not get that feeling. We find a hesitation on the part of the justice minister to react. He reacts only under pressure instead of dealing with the issues when they first come to committee and are first drafted in legislation.
The justice minister should and could be doing something to ensure that Canadians are safe in their homes and on their streets. We in the Reform Party find he has fallen far short of ensuring Canadians of that protection. He has fallen short in giving specific guidelines to our courts in areas such as alternative measures and impact statements from victims.
Why is it after the fact that he realizes victims should be guaranteed the right to make an impact statement and to be heard so that courts and juries can understand the impact of the offence committed against them. Why is that kind of concern after the fact? Why does that kind of concern seem to be a second thought?
Canadians expect a lot more from the justice minister and from their government.