Mr. Speaker, Bill C-258 proposes to delete section 745.6 of the Criminal Code, which provides for judicial review of the parole ineligibility period in respect of persons convicted of murder or high treason.
The government believes that section 745.6 ought to continue to be applied in exceptional and deserving cases. For this reason, the bill being proposed by the hon. member of the opposition clearly runs counter to federal government policy, and we are not, therefore, in favour of it.
As the hon. members are aware, section 745.6 was passed in 1976, at the time the death penalty was abolished in Canada. At that time, this House believed that section 745.6 was necessary in order to provide hope of rehabilitation to those convicted of murder and to protect prison guards. Adoption of this clause was also a recognition of the fact that, in certain cases, incarceration in excess of 15 years was not in the public interest.
I believe that the reasons justifying addition of this section to the Criminal Code in 1976 remain valid today. Section 745.6 of the Criminal Code allows persons convicted of murder to apply for a judicial review of the number of years to be served before eligibility for parole, after they have served 15 years of their sentence.
In the case of first degree murder or treason, the time to be served before eligibility for parole is set by law at 25 years. In the case of second degree murder, the number of years of imprisonment without eligibility for parole is 10 years, unless the judge at trial extends it to 25. The offender may not apply for judicial review of the number of years of imprisonment without eligibility for parole until he has served 15 years of his sentence.
The offender has to convince a jury of 12 ordinary citizens that the number of years should be reduced. After the jury has examined the evidence presented by the applicant and the crown attorney, including any victim statements, it decides whether it is appropriate to reduce the number of years of imprisonment without eligibility for parole.
If the jury does decide to reduce it, the offender has the right to submit an application to the National Parole Board on expiry of the period as reduced by the jury under section 745. The parole board then looks at his file and grants parole when it sees fit to do so. In order to reach its decision, the National Parole Board must determine whether paroling the offender would constitute an undue threat to public safety.
I must stress one point that is essential to an understanding of this matter, but may not be readily understood by the public. The life sentence imposed upon a person convicted of murder or high treason weighs upon this individual for the rest of his life.
Thus, when an offender is released, his sentence still applies, and he may be reincarcerated at any time if he violates the conditions set by the parole board.
This is not an easy way to get out of jail, as the opposition would have Canadians believe. Section 745.6 establishes an extremely rigorous procedure, and those who apply are very rarely successful. The fact is that the vast majority of those eligible to apply for a judicial review never do so. They simply decide to forgo the opportunity of their own accord, perhaps because they know that their efforts would be to no avail.
We all know that there is a great deal of public concern about section 745.6. Many have asked for the repeal of this section out of concern for public safety. Others have cited the revictimization of the victim's family by the review hearing held 15 years down the road at a time when the terrible wounds inflicted by the crime may have just started to heal. Others focus on the appropriate minimum period of incarceration for the worst offence in our Criminal Code.
This government shares the concerns of Canadians. That is why the government amended section 745.6 in the last Parliament.
As many members of the House will know, Bill C-45 brought three key changes to section 745.6. The first eliminated judicial review for all multiple murders committed in the future whether the murders are committed at the same time or not. This would include serial murders. The proposed amendment is consistent with the notion long found in the Criminal Code which states that a repetition of the offence should be treated more harshly by the law than the single offence.
The second created a screening mechanism whereby a judge of the superior court could conduct a paper review of the application to determine if there is a reasonable chance of success before the application is allowed to proceed to a full hearing before a jury.
The third provided that the parole ineligibility period may only be reduced by unanimous vote of the community jury, whereas previously only two-thirds of the jury were required. As a result of this provision an application for a reduction in the parole ineligibility period will be denied whenever the jury cannot reach a unanimous conclusion to reduce the period.
Section 745.6 was intended to be applied only in exceptional and deserving cases where the offender has really been able to turn his or her life around. Our government's amendment to this section has strengthened this and has gone a considerable distance in preventing non-meritorious cases from coming forward.
With the changes we have made, our government has attempted to reach out to the families of victims. In this mandate the government is also looking at what more can be done for victims and their families to acknowledge the pain they feel. Improving the criminal justice system to respond to victims' concerns is one of the top priorities for the Minister of Justice.
Following the receipt and review of the report of the Standing Committee on Justice and Human Rights in the fall of 1998, the Minister of Justice intends to move ahead with appropriate legislation and non-legislative initiatives to improve the situation of the crime victim.
In April 1998 the minister tabled in this House a letter which she sent to the chair of the Standing Committee on Justice and Human Rights expressing her interest in its review of the victim's role in the criminal justice system. In the letter she noted particular issues which she anticipated would be raised in the committee proceedings, including the adequacy of existing provisions to facilitate the participation of victims and witnesses in the criminal justice system, the need to explore reforms to the victim impact statement provisions, enhancements to the Criminal Code's victim fine surcharge provision and the need to accommodate the interests of victims in the youth justice system.
The minister also noted that she was considering various models for the establishment of an offence for victims of crime within the Department of Justice which would, among other things, ensure that the victim's perspective is considered in the development of all criminal law policy and legislation.
There is a lot more we can do for victims and their families than just focus simplistically and single-mindedly on the repeal of section 745.6, as the official opposition has in the past few months in the House.
These amendments came into force on January 9, 1997. At present officials from the Department of Justice are monitoring their impact on this section to see if they are achieving their aim.
Yes, I do have blood in my veins, as the official opposition would like us to believe. Yes, we are bleeding heart Liberals. But if that means that we are compassionate and that we care about every Canadian in the country, yes, that is what it means. Compassion is part of what this government is all about.
I am proud to be a bleeding heart Liberal if that is the definition that the official opposition would like us to believe.
The government believes, as do many Canadians, that even those found guilty of very serious criminal acts should be able to acknowledge their crimes and rehabilitate themselves. We feel that it is important that our justice system have a mechanism allowing people, in exceptional cases, an opportunity to rebuild their lives.