Madam Speaker, I wish I could say that it is a pleasure for me to rise today to address the report stage of Bill C-37, but I must confess that following my comments and the comments of others when it was before the House for second reading, I had hoped the government might rethink this legislation instead of bringing it back.
Today I am here to speak to Motion No. 1, which was put forward by my colleague from the Bloc Quebecois. The motion would amend Bill C-37 by deleting clause 5. We have heard previous speakers address this particular clause because it is controversial. I certainly feel that it is controversial insofar as it deals specifically with an increase in judges' salaries. It is duly noted that judges, on average, make about $140,000 a year. This will amount to an 8.3% increase over the next couple of years.
When I rose to speak to Bill C-37 the last time it was before the House I noted that it was April 1. I thought it was perhaps a cruel April Fool's joke which had been foisted upon the Canadian public by the government of this country at a time when Canadians were increasingly concerned about judgments that were being brought down by the justices of Canada. Rather than debating some of the judgments, which I feel quite confident do not carry the judgment of the Canadian people, we find ourselves today, as we did on April 1, discussing a very substantial salary increase, amongst other things, in Bill C-37.
As other speakers from the opposition have noted, I support the motion put forward by the hon. member of the Bloc Quebecois to entirely delete clause 5, which would increase judges' salaries, at least at this particular time. As I did at second reading, I would draw the comparison for the viewing public at home between the salary increases for judges and the more recent salary increases that were granted to our RCMP officers. Those increases amounted to a mere 2%, which was retroactive to January 1, and a subsequent 1% increase on April 1, which, ironically, was the day we were debating the second reading stage of this bill. Another .75% will become due to the Mounties on October 1.
The starting salary for a third year constable will go from $50,500 to a little better than $52,000. These are the people who every day put their lives on the line to protect society, yet we find that in the eyes of this particular government they only warrant a small increase. The judges, who increasingly are returning violent convicted criminals back to the streets, will enjoy this 8.3% increase over the next two years.
As a number of my colleagues have indicated, I want to put it on the record that I am not casting aspersions upon all justices. That is not the case. We had somewhat of a heated debate on April 1 when certain members of the government felt that the official opposition, the Reform Party, in citing certain examples of judgements that have come down were doing exactly that. I want to say at the outset that is not the case.
It has been indicated by a number of my colleagues in the Reform Party that many of the judges in Canada today, both at the provincial and federal level, do great work. They bring down many judgments which carry the confidence of the Canadian people. However, unfortunately, a lot of them do not.
In referring to this issue today I would like to mention three cases that happened either in my riding of Prince George—Peace River or very near to it.
The first case I would like to cite is what has become known as the Feeney case. Michael Feeney was convicted of second degree murder in the bludgeoning death of 85 year old Frank Boyle in his home in Likely, B.C. in June of 1991. Likely is a small community just outside Williams Lake, which is outside my riding. Ironically, the lawyer who took the case to the supreme court is a lawyer from Prince George, which is in my riding, so I am fairly familiar with the case.
This unfortunate victim was smashed in the head five times with a crowbar and his truck and $400 in cash was missing. RCMP officers, following up on a tip that Feeney had been seen near the victim's stolen truck, went to Feeney's trailer to investigate. They entered his trailer and found his shirt splattered with blood. Subsequently they arrested Mr. Feeney.
However, the supreme court judges ruled that the police did not have reasonable grounds to arrest Feeney when they entered the trailer without a warrant. All evidence gained as a result of the arrest and the subsequent search which was conducted with a warrant were ruled inadmissible. It was a majority decision. It was not unanimous. The evidence included the bloodied shirt and his fingerprints, matching prints which were found on the victim's refrigerator, money hidden under a mattress and cigarettes similar to those found in the victim's house. I would suggest that it is going to very difficult for the crown counsel to obtain a conviction, if it ever goes to retrial, without the use of this evidence.
I will draw to the House's attention another case which was known as the Sullivan case. This happened in the city of Prince George. Wayne Richard Sullivan of Prince George was found non-criminally responsible by reason of a mental disorder in the January 1992 shooting death of his wife and the sexual assault at gunpoint of another woman. After a night of drinking, Sullivan proposed a threesome between himself, his wife and the other woman. His proposal was rejected. He then shot his wife in the temple, pointed the gun at the second woman and ordered her to remove her clothing.
The trial judge instructed the jury on the law relating to mental illness and criminal responsibility. The B.C. court of appeal judges ruled that the judge was correct in his instruction. The verdict of December 11, 1993 meant that Sullivan was confined in a secure mental facility, but subsequently would be released once it was determined he was no longer mentally disordered. Sullivan's punishment was a conditional release.
That judgment has raised a lot of concern not only in the community of Prince George, but in communities across our country. I raise it today as another example of how the judgments brought down by our justices certainly do not at all relate to what average citizens in our communities would feel is right, fair and just.
The last case I would bring forward today is the Baldwin murder. Here we have a case of an elderly gent in the city of Dawson Creek located in the southern end of my riding of Prince George—Peace River. The elderly gentleman was set upon in a park by six local teenagers and kicked and beaten to death. Six local teenagers were charged in the murder of James Baldwin. Mr. Baldwin, a homeless person, had set up camp in the park less than a dozen metres from where his body was found.
I guess I am already out of time, unfortunately. The point I am trying to make is that all of these judgments reinforce the view of the general public that there is something seriously wrong with our justice system. In fact they do not even refer to it as a justice system any more, but a legal system.
It is pretty hard to defend an 8.3% increase when people see these types of judgments coming down.