Mr. Speaker, it is a pleasure to rise in the House to speak to this bill. I am encouraged that the hon. member has brought forward this legislation. It is an interesting reflection of what he has experienced in his own constituency. I commend him for that.
I am glad to hear him recognize how busy the justice committee is. In fact, I came here tonight from the justice committee where we have been meeting for most of the day. We had the opportunity to question the commissioner of correctional services, a timely witness given the bill that is currently before the House.
As the government member pointed out, the bill would seek to replace a section of the Criminal Code and provide judges with the power to provide a probationary period for an individual who is convicted and sentenced to more than two years less a day. For those who are not familiar with the reason for that distinction, it should be made clear that offenders who are sentenced to two years less a day serve their time in a provincial correctional facility, while those who are sentenced to two years or more serve their time in a federal penitentiary. There is a difference. There is a distinction.
Having been a legal aid lawyer for some time I am aware of the many different programs available in the different jurisdictions to assist offenders in reintegrating into society. Those are all calculations which any defence counsel will make in discussions with the crown. They are all calculations made in the sentencing process.
The Parliamentary Secretary to the Minister of Justice talked about the potential conflict between different programs. I appreciate that, yet I fail to see reasons for not supporting this legislation which is a common sense approach.
The member for Kootenay—Columbia said he is not a lawyer. He is, in fact, a lawmaker. I understand how confusing it can sometimes be to read through these sections for those who are not schooled in the law. Those of us who practise law on a regular basis are familiar with them. I will not refer to the Criminal Code too much, but I think there are some provisions worth noting in addition to those noted by the parliamentary secretary.
Part of the reason people argue against this kind of bill is that the court cannot foresee what will happen to an offender in two years. The reason the court has the power to place the probationary conditions referred to on an offender of two years less a day is because the court still maintains some control over that offender. Realistically, if the offender is sentenced to four or five years, the court cannot gauge what kind of progress that individual will make in an effort to rehabilitate himself or herself to re-enter society.
I think that while that is a compelling argument, it is not one that necessarily stands in the way of this proposed change because the code also provides at subsection 732.2(3):
A court that makes a probation order may at any time, on application by the offender, the probation officer or the prosecutor, require the offender to appear before it and, after hearing the offender and one or both of the probation officer and the prosecutor,
(a) make any changes to the optional conditions that in the opinion of the court are rendered desirable by a change in the circumstances since those conditions were prescribed,
(b) relieve the offender, either absolutely or on such terms or for such period as the court deems desirable, of compliance with any optional condition.
I think that is in favour of the legislation proposed.
There are those who would say we do not know where the offender is going to be in three years. If an offender is sentenced to a period of time, accepts the help offered in a facility to rehabilitate himself or herself, they can come back to court and ask that the conditions in the probation order be lifted. If in the opinion of the court they are no longer a threat to the public, the court has the power to lift the order.
I find myself commending this piece of proposed legislation because I think it provides the court more remedies to try to rehabilitate an offender.
I find it heartening that the hon. member sees value in providing offenders with a period of probation. It is heartening to see that the hon. member recognizes that greater options for probation and parole are mechanisms to reintegrate the offender into the community. The system is not simply restricted to sentencing him to time.
This bill will give the judge the option. Instead of having to say that the offence is serious, but there are compelling circumstances for the offender and, therefore, he does not want to sentence him to five years, he can sentence him to three years with a period of probation for two years.
It will allow the judge to have more flexibility in sentencing the offender to less time with a probationary period. I must say that it comes as a surprise to me that this would come forward to allow the court to do that, but I see some merit in it.
There are some problems with it. It is too bad it is not being referred to the justice committee, but our plate is full right now with a number of pieces of legislation that have been referred to us. It is an interesting piece of legislation which would provide the court some flexibility and I thank the member for presenting it to the House.