Mr. Speaker, as the former chairman of the Waterloo regional police I have a very keen and strong interest in this area of the Criminal Code.
Bill C-258 proposes the repeal of section 745.6 of the Criminal Code, a provision which provides for judicial review of the parole ineligibility period for persons convicted of murder and high treason.
I want to re-emphasize the position of the government. We believe that section 745.6 should be retained for exceptional and deserving cases and as such Bill C-258 is in direct conflict with government policy and therefore certainly I do not and the government does not support it.
Section 745.6 was enacted in 1976 when the death penalty was abolished in Canada. That section was necessary as a source of hope for the rehabilitation of convicted murderers and as a protection for prison guards.
I believe the reasons that justified its addition to the Criminal Code then are still valid today. An offender must satisfy a jury of 12 citizens drawn from the community that the parole ineligibility period should be reduced. At that hearing after evidence called by the applicant and by the crown including any information the victims of the crime may wish to bring to the attention of the jury it is the jury which decides whether to reduce that parole ineligibility period.
I want to emphasize a point that is crucial to an accurate understanding of the issue. However, it is not always understood by others and perhaps some in the public that the life sentence imposed on a person convicted of murder or high treason continues literally for the offender's entire life. Accordingly in those cases where such an offender is released on parole the offender continues to be subject to the sentence and can be reincarcerated at any time should he or she breach a condition of release imposed by the parole board.
Section 745.6 sets out an extremely rigorous procedure. If we look at the facts the vast majority of those eligible to apply simply never do.
There is a great deal of public concern about section 745.6. I share that and the residents of Waterloo-Wellington and all Canadians share that. The government certainly shares that concern as well and that is why the government amended section 745.6 in the last parliament. We recognized the concerns that were raised and we moved to deal with them.
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 that the repetition of the offence should be treated more harshly by the law in a single offence.
The second created a screening mechanism whereby a judge of a superior court would conduct a paper review of the application to determine if there is 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 a 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 reduction of the parole ineligibility period will be denied whenever the jury cannot reach a unanimous conclusion to reduce the period.
There is a lot more we as a government are doing for victims and their families. It is much more than simply focusing in on single minded or simplistic views such as the repeal of section 745.6. The government believes, as many Canadians and certainly residents in my area do, that people who are guilty of a terrible act should be given a chance to come to terms with their crime and rehabilitate themselves. In the government's view it is important that our justice system include a mechanism which gives some people a chance in exceptional circumstances to turn around their lives.