Mr. Speaker, I want to thank my colleague for the tremendous amount of work she has done on this bill. Although she spoke very eloquently on the emotional side of this issue, I am going to speak on the technical side and it will not be quite as interesting.
I want to move the following amendments. I move, seconded by the hon. member for Pictou—Antigonish—Guysborough:
That Motion No. 2 be amended by replacing subsection (2) with the following:
Sentences to be served consecutively
(2) Subject to subsections (3) and (4), a sentence imposed on a person for an offence under subsection (1) shall be served consecutively to any other sentence for an offence under subsection (1) or section 272 or 273 to which the person is subject at the time the sentence is imposed on the person for an offence under subsection (1), unless the judge who sentences the person is satisfied that the serving of that sentence consecutively would be inconsistent with the principles of sentencing contained in sections 718 to 718.2 of the Criminal Code, in which case the judge may order that the sentence be served concurrently.
Factors to be considered
(3) In deciding whether to make an order under subsection (2) the court shall have regard to:
(a) the nature of the offence;
(b) the circumstances surrounding the commission of the offence;
(c) the degree of physical or emotional harm suffered by the victim arising from the commission of the offence;
(d) whether the offender abused a position of trust, power or authority in the commission of the offence;
(e) the criminal record of the offender; and
(f) the attitude of the offender respecting the offence committed by the offender.
Reasons
(4) Where the court makes an order under subsection (3), the court shall give both oral and written reasons for that order.
That Motion No. 3 be amended by replacing subsection (2.2) with the following:
Subsequent murder conviction
(2.2) Subject to subsections (2.3), (2.4) and (2.5), where a judge sentences a person to a term of imprisonment for life for first degree murder or second degree murder and the person is at the time the sentence is imposed, subject to a sentence of imprisonment for life for another first degree murder or second degree murder, the judge may order that the person shall, in addition to the parole ineligibility period referred to in section 745 or 745.1 of the Criminal Code to which the person is subject in respect of the conviction for the other first degree murder or second degree murder or the remaining portion of that period, as the case may be, serve on the expiry of that period or remaining portion of that period, a further period not exceeding twenty-five years in respect of the first degree murder or second degree murder for which the judge is sentencing the person.
Further periods to be served consecutively
(2.3) Where a person is required to serve more than one further parole ineligibility period referred to in subsection (2.2), the periods shall be served consecutively, but in no case shall total period of parole ineligibility exceed 50 years.
Factors
(2.4) In deciding whether to order a further period of parole ineligibility under (2.2) and in deciding the length of that period, the sentencing judge shall have regard to whether the total period of parole ineligibility would adequately denounce the murder and whether it would adequately acknowledge the harm done to the victim.
Reasons
(2.5) Where the court does not make an order under subsection (2.3), the court shall, orally and in writing, explain why it did not make that order.
I think the amendments bring in the judicial discretion that was one of the hurdles to this bill. Hopefully members will find that they adequately bring balance to this bill and that they can support them.