Mr. Speaker, I commend the hon. member for New Westminster—Coquitlam—Burnaby for again bringing this matter forward.
In December 1993 I had a similar private member's bill before parliament. At second reading parliament voted in favour of the bill, including 80 members of the Liberal caucus. Parliament in effect pronounced itself on the matter but regrettably when the bill was referred to committee the Liberal dominated committee effectively killed the bill. Subsequent to that Bill C-45 was brought forward. As I have said on many occasions, Bill C-45 simply does not go far enough. Short of a complete repeal of section 745, I do not believe Canadians would be satisfied.
We are dealing here with the penalty for first degree murder, the most serious and offensive crime in the Criminal Code of Canada. We are not dealing with a crime of passion. We are not dealing with manslaughter. We are dealing in some cases with second degree murder. For the most part we are dealing with those individuals who have the wherewithal to plan the murder of another human being in a very deliberate way. These are people who have in some cases murdered a single individual and in other cases more, like Clifford Olson who murdered 11 innocent children.
This evening we are discussing what the appropriate penalty should be for that crime. Surely to give to certain people who commit that type of crime the right for their parole ineligibility be reduced to 15 years is nothing short of unconscionable.
It is clear where Canadians stand on what the punishment ought to be for first degree murder. Poll after poll over the years has indicated that Canadians support capital punishment. This House voted against the reinstatement of capital punishment a number of years ago.
Short of that the Canadian public would like to see a just criminal justice system that would entail a severe penalty for first degree murder. Most Canadians thought that the penalty for first degree murder was a minimum of 25 years in prison. Until recently when the media would report a conviction they would say that the individual would be serving a minimum of 25 years. That was not the case. As my hon. friend pointed out, in 1976 the so-called faint hope clause was inserted into the Criminal Code. It took 15 years before Canadians came to realize that the faint hope clause was in effect the sure bet clause because the success rate was around 80%. So 80% of those who applied to have their parole ineligibility reduced had their parole ineligibility reduced. That is simply not acceptable.
I estimate that 95% to 98% of Canadians would like to see the repeal of section 745 to render the criminal justice system a just system. Right now Canadians are cynical about the criminal justice system. There is considerable disrespect not only because of the inclusion of section 745 in the code but other problems with the Young Offenders Act, concurrent sentencing, parole and probation provisions.
Canadians want to see a criminal justice that is just, that puts public safety and the rights of victims in front of the rights of accused persons and criminals, including those serving time for murder.
Regrettably Bill C-258 will not be voted on because of the private members' process that we have in existence today. That is another debate. It is unfortunate because it seems to me that the whole process is somewhat meaningless unless matters such as this are brought to a vote in the House so all members of parliament can exercise their democratic duty and pronounce themselves on behalf of their constituents. This bill could, if voted on, be made retroactive if parliament were to decide to use the notwithstanding clause.
I again express my concern about section 745 and my complete support for its repeal. I believe it is consistent with the views of my constituents and the overwhelming majority of Canadians. I am pleased that we are once again debating this matter. I hope that at some point the government will allow this matter to be brought to a vote so that all members of parliament can express the views of their constituents.