Mr. Speaker, there is that old saying that if something is worth doing it is worth doing well. I think Bill C-23 is probably a very good example of how that particular saying does not apply at all.
For all of the reasons that have just been discussed by my colleagues here, the government has decided that it is not going to do this well. It has decided that for reasons of legality it is not going to attempt to make a meaningful sex registry. It is going to capitulate before it even begins. It will capitulate and say, “We can never make this effective, so we won't even try”.
It is not good enough, Mr. Speaker, and I will tell you why: because we have a state of desperation among our police forces out there as they try to enforce the laws that are ineffective. They are trying to put these offenders behind bars and they cannot achieve it.
I will give members an example from just this week in Vancouver. A repeat sex offender was released back onto the street by a judge when he was in the process of being charged and appearing before the court for charges to be laid. The judge released him back onto the street again, even though the police pleaded with the judge to put him in custody. He was a repeat offender; he had gone back to exactly the same place he had been arrested at before. The police said to the judge, “He is going to go back there. He has done it before. Please keep him in custody”.
The judge released him. The police were so frustrated they went on television on the six o'clock news on BCTV in Vancouver and publicized the guy's name. They said they had no other option but to warn the public that this man was out there, and they gave the name of the park he frequented. He had done it at least twice before. The police had arrested this man and even had him in jail for a short time. He had been released and went right back to the same place.
There is one of two things happening here. Either the man is very ill and he needs a lot of treatment, and for goodness' sake we need to recognize that and do something about it, or else there is no penalty for what he is doing. In this case, that appears to be what is happening. The man receives a slap on the wrist and a few days in jail and out he goes again. This occurs even when the police in their frustration beg with a judge to keep him behind bars. The judge simply releases him back onto the street.
Frankly, there is far too much of that now. We see case after case day after day in the media. These criminals are being released back onto the street even when the police request that they not be released.
Last week I received an e-mail from a lawyer in my riding who is a very good Liberal supporter. In fact, that lawyer ran for the candidacy in the Liberal Party in my riding. He wanted to run against me in the election when Warren Kinsella actually was parachuted in by the Prime Minister to run against me. That was a wonderful achievement: getting rid of Warren Kinsella in that election.
This lawyer is actually a very nice guy. We get along really well. Obviously we have differences in our opinions on politics, but on a lot of things we agree. In fact, he has been shown in the North Shore News in the last few days agreeing with our party's position on the war with Iraq, indicating that he is embarrassed by the Prime Minister and that we really need to side with our traditional allies, but I digress.
The lawyer sent me an e-mail last Wednesday or Thursday saying that he would be in court today. He is probably there right now as I am standing in the House to speak. He is in court today on a case to do with an Iranian refugee claimant who is drug trafficking in North Vancouver. He was arrested and charged. He told the prosecutor that his refugee claim was a scam, that it was only a way of getting into Canada to deal drugs and that he had been schooled and told how to do this.
Of course my first question to this lawyer was whether he advised the immigration department about this. He has, so now the guy is targeted, but it is expected that he will be sentenced to a one year term in prison for trafficking in narcotics in North Vancouver. We all know that means he will be out in just a matter of weeks or months and will be back on the street. The problem is, says this lawyer in North Vancouver who is a Liberal supporter, that he would like to see this guy's feet not even touch the ground on his way to the airport to be deported.
It is not going to happen because the guy will be out on early release or parole. That is considered to be part of the sentence so of course the immigration department cannot deport the guy. There is nothing to stop the guy going back on the street to traffic drugs again, which then creates a new charge, which puts him back into the system again, which further prevents the immigration department from deporting him. That is how stupid these laws are.
The sex registry is much the same thing. It has been done so poorly that the information in it would be relatively useless right at the beginning. It will take an enormous number of years for it to become of any use whatsoever.
I will go back to the case I just used as an example, the failure to properly deal with criminals by the government, the immigration law business. I used to use the example of my 87-year-old mother who lives in New Zealand. If she jumped on an airplane from New Zealand, landed at Vancouver International Airport and said she was a refugee, under our Charter of Rights and Freedoms because of the Singh case way back in the 1970s, I think it was, the case that the government will not do anything about, my 87-year-old mother from New Zealand could claim to be a refugee and we would have to accept her claim.
She would be released on her own recognizance after about a one hour interview. She would be given welfare, a place to live, furnished at taxpayers' expense, medical care and dental care. On average it would take her about a year with legal aid, which of course she would get, before her case came before the Immigration and Refugee Board. The chances are that the Immigration and Refugee Board would say that she was from New Zealand and was not a refugee.
If my mother refused to identify herself, the New Zealand government would not give permission to issue travel papers and we would not be able to deport her. My 87-year-old mother could live forever in Canada on welfare as a refugee claimant. That is what is happening every day under the government's immigration laws.
My riding has the largest Iranian population in the country. At least 40% of all the Iranians living there are refugee claimants. Most of them are bogus. I just mentioned the lawyer who sent me an e-mail last Wednesday or Thursday. He actually put in his email that people in the Iranian community had told him the guy was a criminal in Iran and he is a criminal in Canada and they wanted to know why we had let him in.
I cannot say how many times that comment has been made to me by the decent Iranian immigrants in my riding who came in using the proper system. They see all these, and I am sorry to use the word, scumbags who come in using our refugee laws and claiming refugee status just so they can be criminals here.
There are so many examples of the laws that the government passes, as my colleague said, where the victims are treated with disdain and the criminals get everything they want.
In terms of the retroactivity of the bill, why not use some creativity? Instead of capitulating and giving up and saying it cannot do anything because the Supreme Court will say it is wrong to make it retroactive, for the safety of the kids of our country, let us be creative.
We have a notwithstanding clause in our charter. The government is afraid to use it, but maybe if the government were a little creative, it could use it in this case. What would be wrong, for example, if we decided to use the notwithstanding clause to make the registry retroactive? We could put it to the people of Canada in a referendum and ask them whether they approved of using the notwithstanding clause that way.
What better reason could there be to have a referendum in the country than on such an important issue? Instead of capitulating to a group of politically appointed judges, why do we not ask the people of Canada whether they would agree that this issue is worth using the notwithstanding clause and to make the registry retroactive?
There is always a way. Why would that not work? Even if the government is too afraid to use the notwithstanding clause, why does it not try a little harder?
I do not think the lawyers in the justice department are trying very hard. At the very least they could have written something into the bill and tried their darndest to make it retroactive. If eventually it was struck down, at least we could have said that we tried. We have not even tried.
If we look at some other western civilizations such as Britain or the United States, they use retroactivity. For example, in Florida the DNA bank was established a few years ago. I remember standing in the House speaking about this when we were debating the DNA bill. When the DNA bank was introduced in Florida, it was made retroactive. Criminals were forced to give blood samples, something the Liberal government would not do as it would be infringing on criminals' rights if we forced them to give a sample when they were arrested. In Florida that is what was done.
The ability to solve crimes in Florida has increased dramatically because now there is such a valuable database of genetic material from those criminals. Meanwhile we here in Canada are struggling along, trying to gradually build a DNA database one person at a time and getting people's permission instead of going into the prisons and retroactively taking blood samples from all prisoners so we can identify them. That is what we should be doing, just as we do for fingerprints. If it can be done in the U.K. and the United States, we should find a way to do it here instead of constantly sitting on the fence.
It is the same situation with the Iraq war. Everything the government does is a half measure. It sits on the fence. It will not make a decision. Instead of joining with our traditional allies to make some things retroactive, to force criminals to provide DNA samples, it capitulates to a nothingness, a failure to make a decision. It upsets people.
The intent of the bill, according to the government, is to establish a national database of sex offenders so that the police will be able to use the database to track the activities of sex offenders, their whereabouts and to be able to provide the public with the information or just to solve crimes. It is a noble intention. As I said at the beginning of my speech, if it is worth doing, it is worth doing well. We should be doing our darndest to make this bill effective and to make it work well.
Instead of that, the government has dragged its feet all the way, kicking and screaming until we have this half measure before us today. If we think about it, the government was really reluctant to even bring in this bill. Let me provide some history.
As mentioned earlier by my colleague from Red Deer, it started with the member for Langley—Abbotsford almost 10 years ago in this place. For 10 years he has been urging the government to establish a sex offender registry. Why did it take so long? If the government had brought it in the very first year that my colleague demanded it, we would already have 10 years of information, even if we had not made it retroactive at that point. We are already 10 years behind where we could have been. It should have responded on day one, instead of being more worried, as the government always is, about the rights of criminals instead of the rights of the victims. Just think how valuable that sex offender registry would be today if we had established it in 1994 instead of still talking about it in 2003.
On March 13, 2001, two years ago, the House voted in favour of a Canadian Alliance motion which read:
That the government establish a national sex offender registry by January 1, 2002.
We are 15 months further downstream from the day by which the House agreed that registry was to be established and we are still talking about it. We have not established the registry.