Mr. Speaker, I appreciate the opportunity to speak to this very important bill. I also want to thank the residents of Langley for the honour to represent them here.
The purpose of Bill C-10 is to modernize the mental disorder provisions of the Criminal Code to make the law fair and efficient. I do support the general intent of the proposals which take into account many of the recommendations of the 2002 justice committee report calling for legislative reforms and further Department of Justice consultations on mental disorder provisions of the Criminal Code.
The report was approved by all parties. In fact, the results of this review are an important example of how the committee process can work in a cooperative fashion with no interference from the minister or from the PMO.
The amendments in Bill C-10 address six key areas: the expansion of review board powers; permitting the court to order a stay of proceedings for permanently unfit accused; allowing victim impact statements to be read; the repeal of unproclaimed provisions; streamlining of transfer provisions between provinces; and the expansion of police powers to enforce dispositions and assessment orders. It is on the issue of dealing with victims that I will be focusing today.
The Conservative Party's justice platform features a reorientation of the criminal justice system to take victims' rights into account in sentencing and in granting conditional releases. I believe that those found not guilty by reason of mental disorder fall into this category as well.
As a newly elected member of Parliament I have experienced an incredible learning curve during the last four months. I have already had the opportunity to assist a victim of a truly gruesome crime committed by a person later found not guilty by reason of a mental disorder. I have received a crash course in the process of review board hearings from the perspective of the victim. It is a perspective which this House could benefit from hearing as this bill is discussed today.
I would like to share with the House the story of Dr. Verne Flather and the incredible commitment of his family to ensure that what happened to the Flather family does not happen to another family.
In 1993 Dr. Verne Flather was shot and killed outside his North Vancouver home. The accused was a man named David Henderson, a former patient of Dr. Flather's. Mr. Henderson felt let down by the medical profession. He created a hit list of 10 medical professionals to kill. Tragically, Dr. Flather was the first person on that list.
Fortunately, Mr. Henderson was arrested at the scene, potentially saving the lives of the others on the list. He was later found not guilty by reason of a mental disorder and sent to a forensic psychiatric centre in B.C. He lived there for 10 years until he was gradually released back into the community.
It was then discovered that since his release from the psychiatric hospital, Mr. Henderson had been volunteering at yet another public hospital. Although the caseworkers knew this man's history, it was only when the Flather family protested that Mr. Henderson was asked to cease his volunteer activities at the other hospital.
How can it be that Mr. Henderson passed the criminal record check process and was allowed to volunteer at a hospital? This case brought to light a large loophole in the screening of criminal record checks, disclaimers and waivers for community volunteers and job applicants.
I am concerned about this factor in the proposed bill. The volunteer and job applicant criminal record checks in B.C. do not take into account those found not guilty by reason of a mental disorder. The ramifications of this omission are startling. Criminals can be brought under the current criminal record check system, but the criminally insane are not.
As a result of that realization, the B.C. minister of management services was asked to consider amending the criminal record check applications to allow community organizations to amend their forms to include the following question: Have you ever been found not guilty of a criminal offence by reason of a mental disorder? Minister Sandi Santori agreed last December that it would appear to be reasonable and relevant to screen individuals on the basis of whether they have been charged with a criminal offence but found not guilty by reason of a mental disorder.
Assuming the amendments have actually been made to the screening process, I believe we are one step closer to protecting the public to the best of our ability. I credit the Flather family with that facet of public protection coming to pass. However, we must ensure that every province and territory follows B.C.'s lead in this matter.
Regarding the subject of victim impact statements, there is the question of what type of issues should be addressed in order to further the interests of justice. Since these types of proceedings do not have the same element of a normal criminal case, since criminal intent is not a factor, there is a question of what the nature of these statements would be and how they would contribute to the proceedings.
Bill C-10 gives the relevant courts or review boards the authority to allow the victims to present their case at the initial hearings. It does not, however, mandate the courts or review boards to take the victim into account when rendering a decision.
Bill C-10 also amends the Criminal Code to allow the transfer of an accused. Under the proposed amendments in Bill C-10, prisoners would be transferred without obtaining statements or input from victims. This was a major criticism of Bill C-15 when it received royal assent in May 2004.
In preparing this speech, Dr. Flather's widow, Julia Murrell, was asked to give her opinion of the review board system. She indicated that being allowed to read a victim impact statement was only one part of the process. She stated: “It's like we're in a foreign country with this and there are no guidelines. You think this system works for you until you get into it. It's like there is an underground system, and you have to figure out how it works to get anything done”. There must be full disclosure to the victim's families throughout this process.
The most upsetting experience for the Flather family was with the review board. Ms. Murrell described the review board as an old boys' club. She said: “Unless we, as a family had taken an active role, we wouldn't have found out anything. If we had not been assertive we wouldn't have gotten as far as we did. Families need to be brought into the loop. We need to be able to see the success of the accused as they go through the system”.
She added: “We need to see it to be convinced that the system works. One of the things that would be helpful is to create a network for family support. I don't know of any other families who are going through this. You can't understand what other families are going through unless you go through it yourself. We also need to be told what the rights of the family are. In the review board process, we are not even acknowledged. We are just there as observers, but you have to wonder, what kind of system is this when the victim's concerns are trivialized and not considered at all”.
Julia Murrell described the shock tremors that went through her family when she discovered that the accused was travelling back to her neighbourhood. She said: “The review board told us we weren't notified because they were concerned about the risk to Mr. Henderson by our family! It is us who are concerned about him”!
In conclusion, I would like to extend my greatest appreciation to Julia Murrell and the Flather family for their commitment to ensure that their experience is not repeated.
I would like to ensure that all criminal record check applications bear the question: Have you ever been found not guilty of a criminal offence by reason of a mental disorder? I would like to ensure that victims are given a greater voice at review board hearings and receive full disclosure of an accused's whereabouts. I would also like to see the justice system create a process by which victims can be put in touch with other victims if they so choose.