Mr. Speaker, it is a pleasure to rise to address the House on private member's Bill C-219 as the justice critic for the New Democratic Party and, since it is a private member's bill, as an individual member of parliament from Cape Breton and Sydney—Victoria.
The bill seeks essentially to do two things, as has already been commented upon by the previous speaker from the government. It makes it an offence to use a stolen car in the commission of another offence. It provides for consecutive sentencing of a person for a maximum period of one year should the individual who has stolen the car be convicted.
It is an interesting piece of legislation. The hon. member for Wild Rose was well intentioned when he prepared and submitted the bill to the House. It says a number of things. It speaks to a concern that has been addressed by the member for Wild Rose and other members in the House about crime and how we deal with crime. As the hon. member prior to me indicated, it makes a provision for a maximum sentence of one year if a vehicle is used in the commission of an offence or while fleeing an offence.
The hon. member who spoke prior to me is correct, at least in my experience, when he says that if a vehicle used in the commission of an offence is a stolen vehicle it is an aggravating factor in sentencing. It does not detract from the private member's bill that has been introduced in the House by the member for Wild Rose. It is a reality. It needs to be said that in the commission of an offence, whether that offence is break and enter, robbery or whatever, if the offender has used a stolen vehicle it comes to the attention of the judge.
It comes to the attention of the judge in a number of ways. First, the prosecutor will bring it to the attention of the judge. Second, and in my experience of some years as a criminal lawyer, in most cases the individual will also be charged with theft over a certain amount in addition to the offence for which he or she has been convicted, as referred to by the hon. member. That in and of itself is another criminal offence.
There is also a specific offence under section 335 of the Criminal Code which says that subject to subsection 1.1 every one who without the consent of the owner takes a motor vehicle—and it goes on to define that—or is an occupant of a motor vehicle that is taken without the consent of the owner is guilty of an offence punishable on summary conviction.
Sometimes it is helpful for people watching or listening to the debate, or those reading Hansard , to have an example because the Criminal Code is such a complicated document. I practised criminal law for some 14 years. It is a comprehensive and complicated piece of legislation.
Let us take the example of an individual who commits a break and enter with a stolen vehicle, not into a dwelling house but into a place of business. That offender would be charged under section 348 of the Criminal Code and would be subject, because it is not a dwelling house, under an indictable offence, to a term not exceeding 10 years.
If the member for Wild Rose has his way and his bill becomes law, the use of the stolen vehicle would add another year to that sentence. I do not think it would make a huge difference when one looks at the other sections of the code, which make it an offence to steal a vehicle in any event—