Mr. Speaker, I am very pleased to take part in the debate. I am also very pleased to support the efforts of the hon. member who moved this particular motion and who has been so diligent in her pursuit of this particular issue. Her perseverance is certainly noted by Canadians, by victims and by those who work closely in the justice system.
There are a number of quick facts that I want to bring to the attention of members present and the Canadian public with respect to the effects of consecutive versus concurrent sentencing.
After being convicted of a savage and sadistic murder of three teenage girls in the 1990s, Mr. Bernardo was sentenced to receive three concurrent life sentences. This individual, although subject to dangerous offender provisions, under the old sections could apply for judicial review of his sentence in the year 2008. He would be eligible for day release in the year 2015, after taking three lives.
Clifford Olson is currently serving 11 concurrent life sentences. He will not spend one extra day in jail than if he had taken only one life.
Pedophile John Roby had been convicted of 35 counts of sexually abusing children. The victims' families were shocked to learn that, after being convicted to 27 counts of sexual assault on children, Mr. Roby was sentenced to a two year prison term. After several other victims came forward, the Ontario Court of Appeal, in its wisdom, did increase the sentence but only to five years.
In 1995 serial killer John Martin Crawford was charged with three counts of first degree murder and he will be eligible for parole after 15 years under the old faint hope clause, again, an abominable section of our Criminal Code.
In 1977 there were 296,737 violent crimes committed in Canada. Included in that number were 581 homicides. These are telling statistics. Just imagine if these murderers realized that they could continue to take lives of victims without any fear of a stronger punishment, which is the current situation. Parliament is ultimately encouraging, as the hon. member has repeated time and time again, volume discounts with respect to the most high end, most serious and heinous crimes in the country.
To that end, the perception is what is sometimes most important, the feeling among the criminal element that the justice system will not react in an appropriate and proportional way.
In 1994 a top Italian judge made this commentary on Canada's justice system. He stated that Canada is becoming a haven for organized crime due largely to Canada's lenient judicial system.
Bill C-251 passed second reading by a vote of 81 to 3 in the House. This is an overwhelming majority with respect to a piece of legislation such as this. This particular bill then proceeded on to the justice committee where it was gutted by the Liberal majority on that committee. I would suggest that this is an affront to parliament because certainly this shows a lack of respect for the original will that was passed in the House.
The Department of the Solicitor General has released statistics that show that a released child molester who targets male victims had a 77% recidivism rate. For 100 of those largely repeat offenders who are released that is 77 more young lives that could be shattered as a result of repeat offences.
This particular debate taking place today is the third incarnation of what have been many years of diligent effort and perseverance on the part of my hon. colleague from Mississauga East. The House has displayed in the past a lack of courage to approach this type of legislation. The House can be assured that it will be proposed again and again unless the House fulfils its responsibilities to the victims of repeat offenders.
Many critics of the bill will look south of the border, point to the United States and say that consecutive sentences do not reduce crime. However, many will also recognize, including the hon. member opposite, that crime rates will go down with respect to the perpetration of crime by those specific individuals who would be sentenced to longer periods of incarceration if the bill were to pass.
Canada's obligation is to ensure the protection of its citizens first and foremost. The rudimentary principles of justice dictate that a judge take into consideration issues such as general and specific deterrents. Reformation and rehabilitation, of course, always play a part of it. Deterrents and denunciation is often whispered in the halls of justice. It is not something that individuals seem quick to discuss. However, the protection of the public is the primary duty and obligation of those tasked with enforcement of law in the country.
The rate of violent crime has increased by an average of 4% every year from 1978 to 1993. It is now 400% higher in the country than it was in the 1960s. There has, however, been a slight decline of 3% between 1993 and 1994. According to victimization studies undertaken by Statistics Canada, in 1993 24% of all adult Canadians were victims of at least one criminal act within the preceding 12 months. Canadians are 50% more likely than Europeans and 500% more likely than Japanese to be victims of burglary, assault, sexual offences or robbery. This comes from Statistics Canada, 1993, CCJS, Juristat , Vol. 14, No. 17, 1994 edition.
According to a 1996 Pollara survey which was conducted independently by the hon. member for Mississauga East, 90% of Canadians support this legislative initiative in some incarnation. That number also includes the support of the Canadian Police Association, the victims resource centre spokesman Steve Sullivan and other interested groups.
The entire issue of consecutive versus concurrent sentencing has received a great deal of debate in this place. The principle is quite simple. There are very strict guidelines that direct judges in the country currently with respect to the imposition of sentencing. Proportionality is something that must always be kept in mind. Judges do not have a cookie cutter approach when they are faced with the imposition of a sentence.
The hon. member in this legislation has increased discretion on the part of a judge. A judge is not mandated by this legislation to impose a consecutive sentence; a judge is however in extremely aggravated circumstances in a situation at the high end of violence with repeat connotations of sexual assault or violence. In those instances why would we hesitate to put into the hands of a judge the discretion to respond in a more appropriate and proportionate fashion? Why would we shirk that responsibility?
The hon. member has brought this matter forward. She has been extremely patient with her own government in putting water with the wine when it came to amendments to this bill. She does have the support of many on the opposition side and I suggest many on the government side. She has also expressed quite fairly and accurately in her statements here today that this is a matter that should be put to a vote.
The democratic will should be expressed on an issue of such great importance. A vote would be the expression of the democratic will of parliament. Without it, it will not reflect the democratic will of the people of Canada.
Concurrent sentences ignore the individuality and the pain and violation that is suffered by victims of crime. A specific recognition of each crime, of each victim is what this legislation seeks to achieve. Violence must be met by the state with strength. This bill allows the state to respond appropriately in very limited circumstances where high end violence is at the centre of the court proceedings.
That is what this bill seeks to do. It puts greater discretion forward. Why would we not want to put the trust in the hands of our judiciary to exercise that discretion appropriately? We are infinitely aware in this place of the checks and balances and the safeguards that do exist with respect to courts of appeal and the Supreme Court of Canada. Let us not miss this opportunity today to bring this legislation to a point where a vote will occur, where the expression of the people of Canada will be heard.