Mr. Speaker, it is indeed a pleasure for me to rise this afternoon to speak at third reading of Bill C-18, an act to amend the Customs Act and the Criminal Code. I am pleased to note that the party I represent, the official opposition, will be supporting this legislation.
I should say at the outset that I will be splitting my time with the hon. member for Surrey North.
In addressing this bill I would like to speak to the irony of the situation as I see it. We are addressing a very serious need in our criminal justice system with Bill C-18, but at the same time I was more than a bit taken aback by a ruling of the supreme court on May 22, 1997, which was known as the Michael Feeney decision.
Bill C-18 will assist our customs officers in making arrests and in conducting searches. As well it will enable them to assist police officers at the border as they will be able to detain people until police officers can intervene. Further, it closes an enforcement gap which has existed at the border by expanding the breadth of the powers of customs officers. It will allow them to arrest individuals who they suspect have committed or may be about to commit a crime.
It is a very important distinction because the split decision of the supreme court in the Michael Feeney case accomplished the exact opposite. That is where I find the irony in this situation. I would like to read from some clippings about that case so those watching the proceedings today will better understand what I am getting at.
Mr. Feeney confessed to second degree murder in the brutal death in June 1991 of Frank Boyle at his home in Likely, a small isolated rural community outside of Williams Lake. Mr. Boyle died following a fierce attack involving five blows to the head with an iron bar or similar object. The walls and furniture of his home were splattered with blood.
The RCMP went to a small storage trailer where Mr. Feeney normally slept, after a witness described seeing him walking away from an accident that morning involving the victim's truck. The Mounties knocked on the door and yelled “Police”, but Mr. Feeney was asleep and did not answer. The officers entered, woke him up, saw that his shirt was splattered with blood and then arrested him.
Judge Sopinka ruled that the police did not have reasonable grounds to arrest Mr. Feeney when they entered the trailer without a warrant. Therefore, all of the evidence derived as a result of the arrest and subsequent search was inadmissible. This included the blood spattered shirt, his fingerprints which matched prints on the victim's refrigerator, some money found under the mattress and cigarettes of the same type that Mr. Boyle was known to smoke.
As I said, it was a split decision of five to four. The dissenting judges said that the investigators proceeded in a forthright and proper manner and had to act quickly before Mr. Feeney had an opportunity to destroy crucial evidence. Indeed had the police not moved immediately to arrest, it is likely they would have been criticized for allowing a murderer to continue to remain at large in the community.
It is interesting that on the one hand Bill C-18 will give more enforcement powers, more powers of discretion to customs officers and is supported by all parties in this Chamber regardless of political persuasion, yet on the other hand the supreme court is overturning traditional rights which have been granted to the police that when the police strongly suspect a criminal act and there is a fugitive from justice in a residence, they can enter and arrest that person.
The situation because of that ruling is that Mr. Feeney may face a second trial. It is possible he may not because that crucial evidence has now been effectively ruled inadmissible. A clipping from the Ottawa Citizen of May 24, 1997 states “Mr. Feeney faces a second trial but his lawyer said yesterday that it may never be held because the evidence is not admissible”. Mr. Charles Lugosi of Prince George, B.C. said that because his client had been drinking heavily, the appropriate conviction should have been manslaughter in the first place. Now is that not interesting?
Regardless of whether or not we favour capital punishment, it really pointed to the difference between the justice systems in Canada and our neighbour to the south. I am speaking of an incident that happened last week, the execution of Karla Fay Tucker, an individual who committed a horrendous crime similar to the crime of Mr. Feeney. She brutally killed two people with a pickaxe in the United States.
Had that crime been committed in Canada, I would suggest that because she was on drugs at the time she committed the offence, if she was not out today, she would be rapidly coming up for parole. She probably would have been convicted of manslaughter and not murder. In the United States it was the exact opposite. She was held accountable. Whether we believe in capital punishment or not she paid the ultimate price for that horrendous crime and she was put to death. I wanted to point out the difference between the two systems.
During last year's election campaign there was an all candidates forum in my constituency. Mr. Feeney's lawyer, Charles Lugosi, was the candidate for the Progressive Conservative Party and ran against me. During the all candidates forum he bragged about his victory at the supreme court. His line seemed to be that even the RCMP must follow the letter of the law. I am not averse to that and most Canadian citizens are not.
What struck me and the audience who listened to him that night was he defended the fact that he took this case to the supreme court and ultimately won it in Mr. Feeney's favour. Never mind that the guilty may go unpunished. Never mind that our system no longer cares whether an individual is guilty or innocent. Never mind that lawyers can have truth ruled irrelevant because of a technicality, he is still proud that Mr. Feeney will be granted a new trial and crucial evidence of his guilt may be ruled inadmissible.
The letter of the law must be changed. This is yet another ruling by the supreme court that makes a mockery of our justice system. Reality only serves to reinforce Canadians' view that the justice system is merely a legal system designed for the benefit of criminals and to guarantee income for lawyers.
This House needs to give our peace officers the tools they need to do their job properly and to protect society, especially the most vulnerable, women, children, the elderly and infirm, and victims like Frank Boyle, the gentleman who lost his life to the likes of Mr. Feeney. Is it any wonder that our law enforcement officers and crown counsels across the land are frustrated.
The irony is that while this House is debating and will undoubtedly pass this bill to give our customs officers a much needed tool to better do their job, the supreme court decision has shackled the hands of police officers.
I think I speak for a lot of people. Certainly a lot of constituents in my riding of Prince George—Peace River have relayed this to me. Indeed Canadians from coast to coast to coast are becoming increasingly frustrated with what they view as ridiculous decisions by the Supreme Court of Canada which are shackling our law enforcement services, whether they are the police officers or the crown prosecutors. I call today for putting an end to this.