Madam Speaker, I am pleased to rise this evening to speak to Bill C-290, an act to amend the criminal code with respect to breaking and entering, which has been introduced by the hon. member for Calgary East.
The safety and security of Canadians within their own homes is a key priority for the Government of Canada. The government has responded to concerns about home invasions by including section 23 in Bill C-15, the Criminal Law Amendment Act, 2001, introduced on March 14, 2001.
Proposed amendments to the criminal code would indicate that where the offender's conduct was in the nature of a home invasion, the court must consider this to be an aggravating factor when determining the sentence to be imposed.
Bill C-290 would amend subsection 348(1)(d) of the criminal code by providing, in the case of a first offence, for a maximum penalty of life imprisonment, and in the case of second or subsequent offence, a maximum life sentence and a minimum sentence of two years imprisonment.
Section 348 of the code makes it an offence to enter a place with intent to commit an indictable offence, to actually commit an indictable offence, or to have broken out of a place after having committed or intending to commit an indictable offence. The current maximum penalty for committing any of these acts in a dwelling place is life imprisonment. I would add that the offence of robbery also carries a maximum penalty of life imprisonment.
I suspect most Canadians would be surprised that these offences attract such a severe maximum penalty. In fact, surveys conducted by the Canadian Sentencing Commission in the mid-1980s showed that the public has very little knowledge of either maximum or minimum penalties generally and that many were taken aback by the severity of the existing maxima.
The current maximum penalties for breaking and entering and robbery demonstrate that the government recognizes this conduct is of serious nature which may have significant impacts upon its victims. The sanctity of an individual's home as a place of safety and one free from intrusion has been recognized at common law for hundreds of years. It is, in part, for this reason that the criminal code offences of robbery and break and enter of a dwelling house are subject to a maximum sentence of life imprisonment.
The criminal code states that the fundamental purpose of sentencing is to contribute to respect for the law and the maintenance of a just, peaceful and safe society.
The objectives of sentencing in the criminal code include denouncing unlawful conduct, deterring those who would commit offences and promoting a sense of responsibility in offenders in acknowledging the harm they have done to victims and to the community.
The government shares the concerns of Canadians with regard to the relatively new phenomenon of home invasion robberies which occur while the home is occupied. To protect the right of individuals to feel secure in their own homes and to address the need for denunciation and deterrence, courts across Canada have been imposing stiff sentences for this crime.
The proposed amendment signals that home invasions are a serious crime that should be met with significant penalties. In addition to the maximum life imprisonment already in the criminal code for breaking and entering into a dwelling house, Bill C-290 would provide a mandatory minimum of two years' imprisonment for a second or subsequent offence.
Canada has historically utilized mandatory minimum sentences with restraint and allowed courts the discretion to fashion sentences proportionate to the gravity of the offence and conduct of the offender. Judges, who have the benefit of knowing all the facts and evidence regarding the offence and the offender, are well placed to determine the appropriate sentence in individual cases. Such circumstances must be weighed in light of the sentencing principles I have outlined.
There is no clearly demonstrated need for a minimum penalty for second or subsequent convictions for breaking and entering into a dwelling house given the high maximum penalty already in the code. Courts also take into account whether an offender has previous convictions for the same or related offences. A prior criminal record is an aggravating factor and the greatest predictor of a longer sentence.
With respect to home invasion, the creation of an aggravating sentencing provision in Bill C-15 would encourage judges to use the tough penalties already available. As noted, courts throughout Canada are already doing so in recognition of the seriousness of this offence and its devastating impact upon victims.
I recognize the concerns of the hon. member for Calgary East with respect to breaking and entering. However I believe the existing penalty of life imprisonment for this offence and clause 23 of Bill C-15 clearly demonstrate our commitment to providing safe homes for all Canadians.