Madam Speaker, a happy St. Patrick's Day to you and other members.
I am pleased to speak to Bill C-240. This is a bill that brings forward the discretionary powers of a judge to expand upon conditions that can be put in place to protect the public generally. It is a bill that would prohibit certain offenders from changing their names.
The discretionary powers that currently exist in terms of the sentence a judge may mete out, include such things as putting in place prohibitions on the possession of firearms, weapons or explosives, or the use of drugs or alcohol, or prohibiting an offender from associating with known criminals or associating with children. These are obviously protective measures that a judge in his or her wisdom has deemed necessary to continue with the rehabilitative process and, more important, to protect the public.
The purpose with this bill quite clearly is the prevention of an individual who has been convicted of a serious violent offence, whether it be of a sexual nature or violence, from changing his or her name either during or after incarceration so that the public might be informed and there might be an ability to recognize this individual by name. Banning the ability to change name I would suggest does enhance the ability to protect the public, so there is a very rational purpose behind the bill brought forward by the hon. member.
The revelation, or the heightened public awareness, came about quite recently that Karla Homolka might be planning to change her name. This certainly alarmed a lot of people around the country. There was a sense of fear and frustration on the part of many that a person convicted of such a heinous crime could somehow be released and live under an alias. It is very similar to the reason in which persons will often cloak themselves or wear masks to hide their identities.
Although in this notorious case it did not occur, there was an excellent point behind the rationale of the bill. Violent offenders often attempt to change their names and successfully change them while in prison. Although media publicity would make it virtually impossible in the case that I referred to for that individual to go unnoticed, the reality is that there are many violent offenders who are successful in hiding their identities. Then, subsequent to their release, blend into communities.
I realize the importance of rehabilitation and the ability of offenders, having paid their debt to society, to come back and to try to contribute in a productive way. However, there is also this ongoing threat in the case of certain types of offences.
I believe the hon. member would not take any umbrage with possible amendments to the legislation he has proposed. The bill calls for discretion. It is not the be all and end all answer to the problem. It calls for discretion on the part of judges to exercise whether they would impose this ban. It is, as well, enunciated that it is for a scheduled list of offences. A judge would obviously take into consideration certain circumstances as to whether it would be appropriate. This is not to be used in every case.
I understand the argument that once people have served their time that they want to get on with their lives. The greater purpose of public protection sometimes warrants that the knowledge exists that these individuals involved themselves previously with violence or in the worst of cases involving sexual violence with children. I would suspect that those vulnerable persons in our society must take a priority when it comes to protection.
The priority of the Conservative Party has always been with the rights and safety of the public. We sadly acknowledge that there are individuals who continue to pose in some instances a life long threat to children in particular. I am referring to pedophilia where it has been diagnosed in many cases as an affliction that remains with an individual. Sex offenders in particular continue to pose that threat even after release, if there is no follow up or treatment.
The parliamentary secretary gave the House a particularly odious self-congratulatory speech. He droned on about the ongoing dubious accomplishments of the Liberal government. The reality is when it comes to the CPIC system, we were on the verge of collapse just a few short years ago. We heard the re-announcement time and time again of the $115 million that went into the CPIC system.
The Canadian Police Association told Canadians it needed double that amount to make the system really work. It was only a few short years ago that it was described by a member of the police association as being held together with bubble gum and barbed wire. That was a bit of a different slant on things than we heard from the parliamentary secretary. This was coming from an individual more in the know.
The parliamentary secretary also spoke about the communication and the exchange of information between departments. I want to speak very briefly on that. It appears that there is increasing evidence that there is a breakdown sometimes in the communication between departments, whether it be CSIS, the solicitor general's department, Corrections Canada, the RCMP and the parole board. Our RCMP on occasion do not share information with the department of immigration.
There is a very recent example of that. In the Amodeo case, this debacle where an individual wanted by Italian authorities was in Canada, there were communications from the Italian authorities to the RCMP and to the Department of Justice. There were applications under way for extradition. We know that on June 10 the immigration department received an application from the wife of this notorious individual that contained the name of Mr. Amodeo.
For some reason, and the minister has referred to legal documents and one can only assume this means the individuals were separated, it had the name in its possession. Surely someone in the department of immigration must have run a check either on the wife or Mr. Amodeo himself. It would have found the name red flagged on the CPIC system if it was operating properly. The system is also linked to Interpol. There is a question as to whether the CPIC system was working or whether this was a human error.
This communication break down can be very fatal when we are dealing with individuals like Mr. Amodeo who is suspected of involvement in three murders and Mafia connections in Italy.
That demonstrates the fact that this system is not foolproof. It is certainly subject to human frailties if the information is not entered. It also demonstrates that there is a need for protection. The use of that information is extremely important in law enforcement in this country. The bill would enhance the ability of law enforcement communities to use information successfully to protect the public.
There are other examples where the current system has failed us. The refusal of the government to eliminate the statutory release from corrections and conditional release. This allows even the most unco-operative offenders who continue to pose a threat and who have refused rehabilitative efforts, to be placed back in the community.
This often comes after serving less than two-thirds of their time. It is a sad reality that Canada has consistently seen violent criminals being released without proper rehabilitation. It is good proof that systems anywhere are not always perfect, but we have to do everything that we can to try to enhance the law. It is incumbent upon us to examine approaches such as the one put forward by the hon. member.
I have an example that would demonstrate how this would work. A not so notorious killer, or a rapist, or an unrepentant, unrehabilitated offender from Nova Scotia was released upon warrant expiry. He changed his name, moved to British Columbia, received a new driver's licence, new identification and set up a new life for himself, which he was entitled to do. What if that individual then applied to become a Boy Scout troop leader, a Big Brother or a coach?
That type of situation could put a child in serious jeopardy given that individual's past. It could be prevented possibly by the type of system that is envisaged in Bill C-240. There is no guarantee but it would be a step very much in the right direction.
The consequences of lack of knowledge can be tragic and at the very least it is entirely possible that this type of offender, if he committed a crime in British Columbia under a new name, would be given the benefit of extra judicial measures. It is a subterfuge to change the name or mask a person's identity. There needs to be responsibility. The purpose of the bill enunciates the type of crimes for which it would be appropriate.
The bill does not oblige judges to act. It simply allows the courts to make these types of prohibition orders. It may be a prohibition for life or for a short duration. The courts can consider the desirability and applicability of the circumstances. A court now makes prohibition orders on similar circumstances. As well, the penalties are tied into indictable offences. I cautiously support the bill, or a variation thereof, and I congratulate the hon. member for bringing it forward.