Mr. Speaker, today, it is important to discuss Bill C-18, a bill dealing with impaired driving causing death.
This bill introduced by the federal government goes too far. It provides for life imprisonment for an offender who is condemned for impaired driving causing death. I think this is going beyond the objectives we should have in the criminal code.
The Bloc Quebecois opposes Bill C-18, even if it considers impaired driving a very serious offence. We think that, by passing Bill C-18, we would negate the specific nature of this offence, and create a serious imbalance in our criminal justice system.
Sentences already provided for are said to be underused by the courts. Statistics show that the courts have not used, far from it, the full range of the sentences provided for in the criminal code.
The most severe sentence ever imposed by the courts for impaired driving causing death is ten years. The judges are in the best position to analyse the specific case of each offender, because it is their responsibility to do so, and they have not used the full range of what is already provided for in the criminal code, which sets at 14 years the maximum sentence for impaired driving causing death. In other words, there is a gap between what is actually being done and what is allowed in the code. Right now, the average sentence is 10 years, but sentences could go up to 14 years.
On top of that, the ratio of offenders sentenced to prison for impaired driving has dropped from 22% in 1994-95 to 19% in 1997-98. Most prison sentences are less than two years.
Why should we pass legislation to allow life imprisonment sentences when the courts are not fully using the tools they already have?
In Canada, partly because of the practice in the United States and partly under the influence of the right wing movement represented here by the Canadian Alliance, we have often believed that we would solve problems by imposing harsher sentences under the Code. Each time we have a problem with the behaviour of offenders in our society, we think the best way to deal with the problem is to amend the criminal code and increase the sentence.
The legislation before us today is a case in point, and so was the bill on young offenders; the Liberal government was somehow intoxicated by this right-wing approach according to which it is absolutely necessary to strengthen discipline, make it very harsh, and offenders will only change their behaviour if we strike them hard.
Today's case is a perfect example of this new philosophy which is influencing law in Canada. I think we can safely say that this approach is more widespread in the provinces with a majority of English-speaking people and much less so in Quebec.
We have shown that showing compassion and openness, by giving young offenders a chance to rehabilitate themselves for instance, often produces better results in the end. It actually allows us to have a more just society, which is always the purpose of the law. The purpose of the law is not just to punish as much as possible.
The purpose is to create a just and balanced society and, in this case, the Liberal government's attitude appears to be based much more on its desire to please people, namely the right wing in Canada, who are asking for stiffer sentences. This does not seem to be an interesting solution.
The number of offences involving impaired driving causing death is not rising. No one denies the fact that impaired driving causing death is a very serious offence. We must judge these situations very carefully and make sure we find the right solutions.
However, it is false to claim that we are facing a rash of crimes in that area. In 1998, 103 individuals were charged with impaired driving causing death, and this is the lowest number of cases since 1989.
We have a situation where rumour has it that things are terrible. Rumour is often magnified by the media and by the focus which is put on events. However, statistics based on a 10 year period show a situation which does not correspond to the isolated events reported on TV. From that perspective, the current situation in Canada does not justify such a serious measure to deal with the issue.
I referred earlier to the right wing. It appears that Canada is becoming a champion of incarceration, second only to the United States. Canada incarcerates twice as many people as most European countries.
Besides, in the Gladue case, the supreme court justices condemned the federal lawmakers' excessive reliance on prison sentences to deal with delinquency problems.
This is yet another example of our need to be responsible in this parliament. We are not here only to ride social trends. We are here also to legislate and make decisions that reflect reality.
We have realize that, under this legislation, we would treat a drunk driver like a hitman. We have a double standard, here.
Members who spoke before me have made it clear that for a crime to be committed, there must be an act and an intent. A hitman, for example, has clear intent from the beginning and his act is deliberate. On the other hand, in the case of the person who commits the crime of impaired driving causing death, something horrible that must be punished, motivation and full knowledge are not as obvious.
I believe it would be a mistake to give, under the criminal code, equal importance to these two things. This could lead to discrepancies. For instance, a drunk driver, who has undeniably been negligent, could receive a harsher sentence that a hired killer who, after skilfully plotting the death of his victim, can be given a reduced sentence as an informer.
Members can imagine this: an individual is given life for impaired driving causing death, and even though it is his first offence, he receives a very harsh sentence for an offence which is certainly serious but which, in our opinion, does not warrant such a sentence, whereas a hired killer would be sentenced to less time in prison because of his being an informer. This is a double standard and it is unacceptable.
Both individuals committed very reprehensible acts. However, their profiles are quite different, a fact Bill C-18 does not recognize. This is why the Bloc Quebecois will vote against the bill.
Moreover, one must take into account other sentences related to offences the characteristics of which are comparable to impaired driving causing death. For instance, under the criminal code, dangerous driving causing death is punishable by a 14 year sentence. Since 1985, for this kind of offence, the average sentence handed down by appeal courts in Canada has been 19 months.
How can the minister justify sentencing an offender who killed someone in cold blood and in full possession of his faculties to a shorter prison term than a driver whose faculties were diminished by alcohol? Again, this is not consistent with the rules on which our laws are based.
Here are further examples of serious offences, the perpetrators of which are fully aware of what they are doing, leading to lesser sentences than impaired driving should Bill C-18 become law.
First, let us look at attempted murder. An individual who has attempted, without success, to murder someone would get a lighter sentence than someone convicted of impaired driving causing death. Pursuant to section 463( a ) of the criminal code, this individual would be liable to imprisonment for a term of 14 years. As members can see, an individual who attempted knowingly to murder someone would face a lighter sentence than someone convicted of impaired driving causing death. There is a double standard here, and it is unacceptable.
Another example is the case of accessories after the fact. Someone who has helped a murderer to elude the authorities would face a lighter sentence than someone convicted of impaired driving causing death. Pursuant to section 463( a ) of the criminal code, this person is now liable to imprisonment for a term not exceeding 14 years.
Another type of crime is participation in a criminal organization. As everyone knows, the issue of organized crime is dramatic and terrible nowadays. A confirmed criminal who is part of a criminal organization and who participates in its illegal activities is liable to imprisonment for a term not exceeding 14 years, pursuant to section 467.1(2) of the criminal code.
These are three examples of a double standard in comparison with what is proposed in Bill C-18: attempted murder, accessory after the fact and participation in a criminal organization.
I will add a fourth one: aggravated assault. An individual who wounds, maims, disfigures or endangers the life of someone commits an aggravated assault. Pursuant to section 268 of the criminal code, an individual who commits such an offence is liable to imprisonment for a term not exceeding 14 years.
This bill would impose a life sentence on a person who causes death in an accident because of impaired driving, while a person who assaults, injures, maims or disfigures someone or puts their life in danger gets a maximum of 14 years.
There is a clear lack of logic in the current position. The reason for that is that this position is not based on legal considerations, but rather on political considerations, in that the Liberal government wants to please the right wing, which is found mainly in English Canada.
Like the person accused of impaired driving causing death, the person accused of causing bodily harm did not foresee the consequences of the offence. Yet, one is given a much harsher sentence than the other: ten years for the one who caused bodily harm and life for the one who caused death.
What makes impaired driving causing death more negligent than impaired driving causing bodily harm? Both offences are identical in terms of intent, with regard to the consequences of the offence.
Even though the Bloc Quebecois is of the opinion that the sentences for both offences must remain different, it does not want that difference to be disproportionate. In maintaining the sentence at 14 years imprisonment, as is the case now, for impaired driving causing death, we would make a distinction that is proportionate to the consequences of both offences, while recognizing their similarity in terms of intent.
All that, when we already have in Quebec and Alberta the possibility of using far less drastic means that would produce equally satisfactory results: the ignition interlock system.
Alberta and Quebec are currently the only provinces to impose ignition interlock systems as a condition for the issue of a restricted driver's license for drivers whose driver's license has been suspended. In other words, someone whose license is suspended, known to be a repeat offender is obliged to use an ignition interlock system, and the problem is solved at source in most cases.
Rather than send someone to prison for life for something he did not intend to do—it is a serious act and should be punished—it might be a good idea to try to prevent the recurrence of this act by applying practical solutions such as the ignition interlock.
This system determines blood alcohol level from a sample of the driver's breath. It prevents the vehicle from starting if the driver's alcohol level is higher than a set level.
The Bloc Quebecois believes that the criminal code should be amended to make it mandatory to install these interlock systems in the case of a repeat offender. I think this is a practical solution that could be implemented. It is a preventive measure that eliminates the problem at source and limits potentially tragic mistakes as well.
People who are very responsible citizens could do something unacceptable in a given situation, such as driving while intoxicated and by doing so have caused a death. The situation is not necessarily the result of a life of crime. It is not the result of continual delinquency, but a situation that occurred once in a person's life. Few people in this House could say that they might not do the same thing.
The practical solution proposed by the Bloc Quebecois, and I hope the government agrees to it, is the alcohol ignition interlock system, to put a stop to these situations at the source. In ten years, we will see, if the Bloc proposal is chosen, fewer and fewer sentences and fewer and fewer deaths caused by the irresponsibility of a drunken driver.