Mr. Speaker, as I mentioned earlier, Bill C-269 would create two new criminal offences of aggravated assault and first degree murder when a victim is a firefighter acting in the line of duty. I would first like to address the aggravated assault provisions of Bill C-269.
In recent years Canada's professional firefighters have faced a growing and serious threat from illegal drug operations, which are often rigged with hidden devices designed to kill or injure anyone who interferes with them, particularly public safety officials.
For example, a recent drug growing operation in New Brunswick was guarded by 30 spring loaded traps. In Nova Scotia, a boy was recently hit in the leg by a shotgun which was rigged to a trip wire in a marijuana field.
One of the most common traps set by criminals and organized crime, in an attempt to protect their drug growing operations, is a crossbow which is rigged to automatically fire at anyone who opens the front door, such as a firefighter entering a house to put out a fire.
Given that these drug growing operations often use illegal and unsafe electrical hookups, otherwise known as meter jumping, which cause fires, the dangers to firefighters in particular who are on the scene to battle a house fire cannot be discounted.
I believe that if we are to deter criminals from setting these traps in the future, we must amend the Criminal Code to provide more severe punishments for such acts. It was for that reason that I included provisions within Bill C-269 which would address this growing problem.
I am pleased that this is an issue which has not gone unnoticed by the government. On April 11 the Minister of Justice introduced Bill C-32, an act to amend the Criminal Code and other acts. Responding to the dangers posed by these types of traps, sections of Bill C-32 would create a new criminal offence targeting anyone who sets a trap for a criminal purpose and intends to cause injury or death.
Bill C-32, which I fully support and which has the support of the International Association of Fire Fighters, would provide a maximum penalty of 10 years on anyone convicted under this new offence with an additional four years if that trap injured or killed someone.
I would like to quote from a press release issued by the International Association of Fire Fighters in support of the government's legislation. It says:
Canada's professional fire fighters will soon have important new protections from a growing threat.
The firefighters press release went on to quote the general president of the International Association of Fire Fighters, Mr. Harold Schaitberger, as saying:
We are pleased to see the Government of Canada taking action today on this important issue of fire fighter safety.
In my view the Minister of Justice should be congratulated for this legislation which imposes stronger punishment on an offender and greater protection of Canada's firefighters than my own bill. Given that the government has introduced its own legislation which has the full support of Canada's firefighters and which I believe would provide greater protection to firefighters, I do not believe it is necessary or even helpful at this point to proceed with the amendments outlined in Bill C-269 regarding aggravated assault.
I would now like to speak on the second issue of first degree murder. The second criminal offence created by Bill C-269 is first degree murder when the victim is a firefighter acting in the line of duty. At present, section 231 of Canada's Criminal Code specifically refers to the death of a peace officer while acting in the line of duty. However there are currently no similar specific provisions or increased penalties to deter criminal acts that jeopardize the lives and safety of firefighters in cases such as arson.
Bill C-269 seeks to change that by giving firefighters the recognition they deserve and putting them on the same legal footing as police officers. I fully recognize that there are many difficult issues which need to be addressed surrounding such amendments to the Criminal Code.
For example, in Canada there is a constitutional requirement that to be convicted of murder it must be proven that the accused had intended to kill prior to committing the act. The question then arises: Is it possible to prove that a person who lights a fire intended to kill a firefighter called to the scene? I believe anyone lighting a fire which would knowingly put lives in danger can reasonably assume that his or her actions could result in the death of a firefighter. Did the person know a firefighter would die as a result of his or her actions? Perhaps not. However reasonably, in my view, the person should have.
For a number of reasons, amending section 231 of the Criminal Code to include firefighters, as I have suggested in Bill C-269, was not included in the federal government's Bill C-32.
I have spoken to officials from the justice department. They have expressed their concerns over the constitutionality of such changes, and I would agree that more detailed discussion is needed before moving forward with Bill C-269. I believe this is an issue that does require closer examination by parliamentarians, legal experts and firefighters themselves.
To conclude, every time a firefighter is injured or killed, that means one less professionally trained public safety officer is available to respond to situations which are dangerous to the public. As legislators, I believe we must do everything in our power to protect the people who serve us as firefighters from harm.