Mr. Speaker, I want to begin by thanking the hon. member for Calgary East for bringing forward this important amendment. I want to congratulate all members who have put their remarks on the record.
This amendment, let us be clear, is about amending the criminal code with respect to putting in place a mandatory minimum sentence for the offence of break and enter or what is more commonly known today as home invasion. There is a common sense element to this, that is, we know that in Canada today, in all parts of the country, both rural and urban, there is an increasing number of these types of offences. We also have to take into consideration the grave impact that it has on citizens.
In particular, I point out the impact that it has on senior citizens and the lasting psychological impact that it has on people when their home, their castle, has been invaded. The sense of security that should exist, that home sweet home sentiment, is irreparably harmed when people have had their homes broken into and their personal belongings rifled through or stolen. This is the type of implication that has to be stressed when considering a change such as this one.
We know that these issues, which are within the discretion of the judge, can result in severe sentences. The hon. member from the Bloc referenced the fact that the sentence is up to and including life imprisonment. The problem, or what I suggest is very much the motive behind the hon. member for Calgary East bringing forward this motion, is that the benchmark is too low. As parliamentarians and makers of law, we should not shy away from on occasion taking forward amendments like this to send a direction to the judiciary on issues such as this as a statement, as a reflection on what we feel to be the public sentiment at the time.
The mandatory minimum that comes into play is in respect of residential homes. The code section deals with dwelling homes or residential homes specifically because of this element of security and property and a sense that people should be safe in their homes of all places. There is an obligation currently in the criminal code, when there is a weapon present, for mandatory minimum sentences to be in effect. There are also provisions in the criminal code that allow for mandatory minimum sentences for impaired driving. Repeat offences can result in mandatory minimums. It is that old premise of “three strikes and you're out”. In this case it would be two strikes and you are out, because of the seriousness of this offence.
Some anomalies could occur. I think particularly of an instance where a young person is convicted of a break and enter offence and, 15 years later, convicted of a second offence. Not to suggest that there is any excuse for that, but it is suggested that a mandatory two year sentence should be imposed when there is this lag time in between the offences as opposed to when there might be some close proximity. All of that is discretionary now. A judge has the ability to consider all these things in the normal routine that occurs: the sentencing principles that come into effect, the general and specific deterrents, the circumstances of the victim and the criminal record. Very clearly what this amendment is meant to do is to denounce and to put in place a very clear deterrent for repeat offences for this type of offence because of its prevalence, because of its serious impact and because of the need, I would suggest, due to the current benchmark being so low.
All of that is to say that I support what the hon. member is trying to do. I would suggest that because of some of the nuances that need to be explored, this anomaly that could occur where there is a large gap in time between the commission of the first and second offences, we might consider lowering it to one year or we might in fact consider putting in place discretionary considerations for the judge to impose that mandatory minimum.
The offence itself is prevalent in rural ridings in particular. It is often drug related. It is often done by gangs. Organized crime is often involved because of the desire to steal antiques or certain objects of great value. There is also another element to this in terms of the need for deterrence. That is what we have seen. I would suggest that it is tied in somewhat with the gun registry and sometimes with the need that people have to feel safe in their own homes. This might be the reason for which they would keep a weapon. The current law is not consistent with the abhorrence people have for their homes being broken into and their property being destroyed or stolen.
There is also, I would suggest, a great potential for further danger and violence when a person knows that individuals are home and goes into that dwelling house, and this is why changes were made recently to the criminal code. The potential for violence is so real. We have made changes in the criminal code with respect to the presence of a weapon in the commission of an offence, resulting in mandatory time. Why would we not in that same vein, following that thought pattern, make it a mandatory minimum for repeat offences when a person breaks into a home knowing that an individual is in that home, knowing that the potential for confrontation and therefore violence is so real?
I would suggest that it is a recipe for disaster if we simply ignore this issue. I think the sentiment behind the bill is the correct one. Members can surely relate. I am sure they have spoken to individuals in their constituencies, perhaps even family members or friends, who have experienced this trauma of having their home and property violated. The sense of security, particularly for seniors, is so gravely disturbed and interrupted. Not only for individuals who are fragile psychologically but for anyone who has experienced this type of trauma, having their home broken into has a lifelong and potentially life altering effect.
This is the context in which this issue has been brought forward by the hon. member. The mental anguish can be incalculable and I think that has to be underscored when we are examining the potential changes. The Conservative Party supports the principle of the bill. It recognizes the public safety concerns, which have to be primary when judges routinely are faced with this type of scenario in the courts with increasing frequency. Home invasion has been on the rise. The statistics seem to show this consistently. It is increasing, particularly and perhaps most disturbingly among young people and, on occasion, young women.
We are compelled and, I would suggest, obligated as members of parliament to do something to address this issue. That is what the hon. member for Calgary East is trying to do. Bill C-386 would send this message of deterrence. It would give a direction to the judge that a minimum should be considered mandatory when there is this nexus, this repeat behaviour of such a criminal offence. As I have suggested, the benchmarks would dictate this. The current sentencing schemes are not sufficient, just as we have the imposition of conditional sentences being applied for certain types of offences. It is not appropriate, I would suggest. Under the current range of sentencing, a conditional sentence is an option.
We should not shy away from giving judicial direction on occasion. That is our obligation. That is very much a part of what we should be embracing. If as a matter of public policy the law is being interpreted in too liberal or too lenient a fashion, we should be quick and we should be proud to try to make those changes when necessary. I believe that the case is there. There are certainly occasions when the offence is so serious and the implications so grave, as I have said before, that there should be legislative directive, particularly when it undermines public confidence in our justice system, which is a bigger problem. It erodes public confidence in the law and in our systems of justice.
We support this initiative in principle. We suggest that it would serve the public better to have the bill adopted. We could take it to the justice committee where there could be further study and possible amendments. Having it sent to that committee would allow us to look at its parameters and at the impact it might have, not to water it down but to ensure that the broad range is still permissible when the circumstances are appropriate. The aggravating and mitigating circumstances will remain in effect as part of the sentencing process.
This is a good bill. It is one that I would encourage members of parliament to support, particularly to get it to the justice committee where it could be embraced, put into place and brought back to parliament for passage and insertion into the criminal code.