Mr. Speaker, I rise today to speak to Bill C-484, introduced by my Reform Party colleague, the member for Saskatoon—Humboldt. The purpose of this bill is to amend the Criminal Code with respect to consecutive sentencing for the use of a firearm in the commission of an offence.
More specifically, this bill is intended to amend section 85 of the Criminal Code, as well as several other sections of the Criminal Code that I will deal with a bit later.
Section 85 currently states that:
85.(1) Every person commits an offence who uses a firearm
(a) while committing an indictable offence, other than an offence under section 220 (criminal negligence causing death), 236 (manslaughter), 239 (attempted murder), 244 (causing bodily harm with intent—firearm), 272 (sexual assault with a weapon), 273 (aggravated sexual assault), 279 (kidnapping), 279.1 (hostage-taking), 344 (robbery) or 346 (extortion),
The bill as it stands is aimed at changing section 85, with the exception of all the crimes I have just listed.
Section 85 also addresses the use of a firearm while attempting to commit an indictable offence, or during flight after committing or attempting to commit an indictable offence, and committing or attempting to commit an indictable offence or during flight after committing or attempting to commit an indictable offence using an imitation firearm, all of which are indictable offences punishable, in the case of a first offence, by imprisonment for a term not exceeding fourteen years, with a minimum punishment of imprisonment for a term of one year.
In the case of a repeat offence, the maximum penalty is fourteen years and the minimum three years. This is what is set out in the Criminal Code at the present time. It also calls for these sentences to be served consecutive to any other sentence. The Criminal Code is already clear enough on the use of firearms in violent crimes.
So, what amendments does our Reform colleague want to introduce? First—and I am sure everyone here is rather surprised—Bill C-484 amends section 85 by increasing the sentences provided as follows: a minimum of ten years, if the firearm is not discharged; 20 years if the firearm was discharged—he missed here—and 25 years if the firearm was discharged and an individual other than anyone participating in the offence is caused bodily harm. So the change is from a maximum sentence of 14 years to a minimum of 25 years. This is no small change.
In the same breath, the member proposes that the same supplemental sentences be included in sections 235, 236, 239, 244, 272, 279.1, 344 and 346, all of which, with the exception of section 235, are excluded from the application of the existing section 85.
This is the purpose of this bill. Let us look now at its effects.
I must say right off that the phenomenon of violent crime, particularly that involving firearms, is extremely serious and distressing. However, the more repressive approach, which imposes excessive sentences, in my opinion or in the opinion of many of those involved in the area in Quebec, will not necessarily reduce crime.
Our neighbours to the south, the United States of America, have a per capita rate of incarceration that is one of the highest in the west. It is also a country where, although a large number of states have reintroduced the death penalty, the crime rate has not dropped accordingly. This shows that repressive measures are not what reduce crime.
Another very troubling feature of Bill C-484 is that, by providing for very tough minimum sentences, it reduces the discretionary power of courts to hand down sentences that take into account the circumstances under which offences were committed. It is as though suddenly judges were not allowed to exercise their judgment.
Under our criminal justice system, sentences can be adjusted to fit the crime and the person that committed it. This is described as taking into account the subjective and objective gravity of an offence. The subjective gravity has to do with the circumstances surrounding the person charged with the offence and the objective gravity has to do with identifying the extenuating or aggravating circumstances under which the offence was committed.
By substantially increasing the minimum sentences for all imaginable circumstances, the member is attempting to turn the Criminal Code into a strict set of instructions with no room for judicial discretion. This runs counter to a long-recognized principle essential to the enforcement of justice.
Another important principle is flouted here. This is the principle prohibiting multiple convictions established by the Supreme Court of Canada in Kienapple v. The Queen. Under this principle, a person may not be convicted under different sections having the same elements. A person cannot be charged twice for the same offence.
In the bill before us, this principle is set aside. For instance, convicting someone of robbery, or armed robbery, and giving them an additional ten-year minimum sentence for committing the offence with a firearm is simply ridiculous. Yet this is what the bill does by introducing the concept of dual conviction, when in fact both offences include the same essential elements flowing from the same case and the same offence.
In any democratic system, the Kienapple principle is very important. No self-respecting justice system would consider supporting such a bill.
Last, but not least, if this bill were passed, it would almost certainly violate section 12 of the Canadian Charter of Rights and Freedoms under which everyone has the right not to be subjected to any cruel and unusual treatment or punishment.
In fact, the courts have already questioned the constitutionality of the one-year sentence now provided for in section 85 of the Criminal Code. It goes without saying that a minimum sentence of 10 years would violate section 12 and would certainly fail the reasonability test of section 1 of the Charter. This is not the first time the Reform Party has taken leave of its senses.
For all these reasons, I am unable to support the bill and, speaking for the Bloc Quebecois, I am certainly not alone.