Mr. Speaker, I am pleased to address Bill C-251, an act to amend the Criminal Code and the Corrections and Conditional Release Act. This enactment provides for the imposition of consecutive sentences where a person commits sexual assault and another offence arising out of the same events or where the person is already serving another sentence at the time.
The enactment also provides that a person sentenced to life imprisonment for first or second degree murder is not eligible for parole until the person has served, in addition to the portion of the sentence that the person must serve for murder, one-third or a maximum of seven years of any other sentence imposed on the person in respect of an offence arising out of the same events or that the person is already serving. The mandatory portion of each life sentence imposed on a person who is convicted of a second murder must be served consecutively before the person is eligible for parole.
There are two main parts to this private members' bill. The first section deals with consecutive sentencing for those who commit sexual assault and another offence arising out of the same events, for example, sexual assault and a break and enter, or where the person is already serving time for another sentence at the time.
Sentencing in Canada is a relatively complex matter. Sentencing principles are set out in section 718.1 and section 718.2 of the Criminal Code. Degrees of punishment are set out in section 718.3.
There are two types of sentencing in penitentiary: consecutive and concurrent. Concurrent is when the time runs together. For example, in a case of eight months for break and enter and four months for theft, the offender would serve eight months. Consecutive is when the sentences are cumulative. In this case the offender would have the two sentences added together for a total of 12 months.
Judges can currently impose consecutive sentences under section 718.03 of the Criminal Code, but not for life imprisonment. Sentencing is complicated by the principle of totality which says that the total sentence, that is combined sentences, is “just and appropriate” and will rarely exceed the harshest sentence for the most serious crime of all those being considered at the time of sentencing. This is a common law principle and is well entrenched in law. Consequently with regard to the first section of this bill, Bill C-251 provisions already exist which address consecutive sentencing.
The second aspect of the bill provides for a consecutive portion of another sentence to be served upon an offender who is serving time for murder. Thus someone who is serving 25 years for murder and who is also found guilty of sexual assault and sentenced to nine years would have three years added to any parole eligibility requirements.
This section of the bill recognizes the nature and severity of certain crimes and imposes additional penalties to serious offenders and deals with public safety concerns. In that area I would support this part of the bill.
Having said that, while I could support the second part of the bill and appreciate the intent of the first part, the first section of the bill complicates existing law and is contrary to the principles in common law. Consequently we find we cannot support the bill in its present form.