Madam Speaker, according to Bill C-219, every one who, in committing an offence, operates or uses a motor vehicle that he has stolen or knows to have been stolen is guilty of an indictable offence and liable to imprisonment for a term of one year. What is more, it calls for the sentence for this offence to be served consecutive to any other imposed for the same act.
From what has been said in this House today it will be understood that what is involved is auto theft, and the amendment the hon. member is proposing is no doubt intended to remedy a shortcoming. Therefore, we have to see whether there is a shortcoming in the Criminal Code, when it comes to auto theft.
There is a problem, however. We are all aware that there are indeed many thefts of automobiles in Canada and in Quebec, as the hon. member has just said. Unlike other types of crime, it is on the rise. But will the problem be solved by making the penalty stiffer, by adding what the hon. member wants to see added? The answer is no. What is there in the Criminal Code?
Motor vehicle theft is indeed a significant problem, we must agree. But is Bill C-219 the solution? The Criminal Code currently contains a series of measures that apply to auto theft. I invite the hon. member to read section 322. According to it, any person who steals property may be charged with a criminal offence and is liable to up to 10 years imprisonment, if the value of the stolen property exceeds $5,000. And, of course, in the case of an automobile, the value of the property generally exceeds $5,000.
If the value of the property is under $5,000, section 334 of the Criminal Code applies. Under section 334, the individual will either be found guilty of a summary offence, and sentenced to a maximum of six months' imprisonment, or a $2,000 fine, or found guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
In section 335 of the Criminal Code, the law makers have provided that individuals may be found guilty of a summary offence if they took possession of a motor vehicle without, however, intending to steal it. The House will recall that we discussed this amendment to the Criminal Code very recently, with respect to Bill C-209.
In my opinion, the amendments proposed by the member for Wild Rose do not add anything new to the existing legislative framework. Finally, I think the member's bill is based on false premises. Bill C-219 implies that it is now impossible to lay charges of theft under section 322 of the Criminal Code if the offence contributed to the perpetration of another offence.
There is no sign of a regulatory vacuum in this regard at the present time. An individual may be charged with several offences, including theft under section 322 of the Criminal Code.
With his bill, the member seems to consider that stealing a motor vehicle is a more serious offence if the vehicle is used to commit another offence. The member believes that regulating this specific offence would ensure more equitable treatment of the offender. I do not agree.
Excessive regulating does not solve all the problems. By systematically regulating the multiple aspects of an offence, we would restrict the courts' discretionary power. In my opinion, Bill C-219 would unnecessarily restrict that discretionary power, which has so far served justice very well.
The courts were given this discretionary sentencing power because they are the ones that analyze the evidence relating to a case. With this discretionary power, a judge can impose a sentence that is fair and appropriate.
For example, before imposing a sentence, the judge may take into consideration the fact that not only did the individual steal the motor vehicle, but that he also used it to commit another offence. The Parliamentary Secretary to the Minister of Justice provided a very good explanation of how this discretionary power is used by the courts when imposing a sentence.
Moreover, the courts can, under section 718.3(4) of the Criminal Code, order that sentences be served consecutively. Again, nothing indicates that the specific case referred to in the bill would not be subject to that procedure. Nothing justifies amending the Criminal Code to require consecutive sentencing in this case.
While car theft is a major crime in Canada, the Bloc Quebecois does not think that the member's proposals will correct the situation. Systematic coding of all facets of an infraction is no guarantee of better legal processing. Contrary to what the Reform members appear to think, criminal law is weakened when we try to anticipate every eventuality in an inflexible legal provision.
There is no other area of law where evidence is as important and where circumstances play such a preponderant role. I think quite sincerely, especially for this type of offence, that the courts in Quebec and Canada already apply the sections of the Criminal Code extremely well and there is no need for us to intervene in this field of jurisdiction.
I can hear the member speaking, and he does not seem to agree with my position. I believe that everyone here and our viewing audience will understand that we will not reduce the number of car thefts merely by creating a specific section on it. It is a matter of supply and demand and, unfortunately, there are many car thieves who make their living this way.
It is unacceptable. However, the Criminal Code, as it stands, contains provisions that can and must be applied to reduce car theft as much as possible, and the amendments proposed in Bill C-219 are not going to resolve the problem. We have everything we need in the Code to resolve it.