Madam Speaker, I am pleased to speak on this private members' bill, Bill C-221, an act to amend the Criminal Code regarding the sentence of imprisonment for life.
I am aware, and I am sure the Chair is aware, of the time and effort that the hon. member for Calgary Northeast has invested in bringing forward this legislation. I appreciate the opportunity to address this criminal justice issue.
Bill C-221 seeks to accomplish two related objectives.
The bill first proposes that for all offences which carry a maximum penalty of life imprisonment, life imprisonment be defined as imprisonment for the rest of the offender's natural life without any opportunity for parole.
Second, the bill proposes to repeal section 745.6 to 754.64 of the Criminal Code, which is commonly referred to as the faint hope clause. These provisions allow offenders to apply, after 15 years of imprisonment, to have a judge and jury review their parole ineligibility period for possible reduction.
It is crucial to recognize at all times that sentencing is a complicated field, where even a minute change in one of the components can result in serious and unforeseen consequences. Each and every part of the complex and interrelated system must work in co-ordination with the other components to ensure public protection and the safe and effective reintegration of offenders.
In this light it is apparent that the proposal to incarcerate all offenders sentenced to life imprisonment for the remainder of their life is a proposal which would violate the basic purposes and principles of sentencing. In a matter where precise tools are required, this proposal would be described as a blunt instrument.
In this regard it is important to note that a maximum sentence of life imprisonment is not restricted to only the violent offences in the Criminal Code. In fact there are over 40 offences to which this bill would apply. Reducing or removing the discretion of the courts in sentencing makes the criminal justice system more arbitrary and expands resources unnecessarily on incarceration when other measures may be less expensive and more effective.
The guiding principles related to sentencing are explicitly set out in the Criminal Code. Most relevant is section 718.1, which provides that every sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender. In other words, justice is best served when the judiciary has the necessary discretion to ensure that the punishment fits the particular crime and offender. Moreover, in paragraph 718.2(d) of the code it states that “an offender should not be deprived of liberty, if less restrictive sanctions may be appropriate in the circumstances”.
A key element of effective corrections is distinguishing between offenders who need to be separated from society and those who can be safely and better managed in the community. Parole, first introduced in 1899, has proven to be an effective tool in the application of these principles and in reducing recidivism.
The “throw away the key” aspect of the bill before the House today is a clear contradiction with the principles of sentencing that reflect basic Canadian values and the results of carefully conducted research. This research has shown that the extension of imprisonment by itself does not reduce crime. Most Canadians believe that many people who commit crimes can learn to be better citizens and contribute to society.
This belief is correct. Experience has shown that most offenders are more likely to become law-abiding citizens if they participate in a program of gradual, supervised release.
Canada already has one of the harshest systems for lifers in the western world. On average, first degree murderers serve an estimated 28.4 years in jail, approximately twice as much as is the case in many other western countries.
In Canada, life means life. A life sentence remains in force for the offender's natural life, and statutory release is not available to those offenders. Some inmates serving life sentences or who have been designated as a dangerous offender will never be released. Where parole is granted, the offender is supervised for the rest of his or her natural life, and any violation of the conditions of parole may lead to reincarceration even if no further crime is committed.
The proposed amendments in the bill will ensure an ever increasing number of incarcerated federal offenders with no hope of release. This will seriously compromise penitentiary security and the costs related to the increased correctional population would be significant.
The bill under consideration today also seeks to repeal sections 745.6 to 745.64 of the Criminal Code, known as the faint hope clause, which allow offenders to apply after 15 years to have a judge and jury review their parole ineligibility period for a possible reduction.
The history of these provisions begins in 1976, when Parliament formally abolished capital punishment and replaced it with mandatory life sentences for high treason, first degree murder and second degree murder. Parole eligibility periods were established at 25 years for high treason and first degree murder and 10 years for second degree murder, with the judge having the power to increase the period for up to 25 years.
At the same time, Parliament also introduced the so-called faint hope clause for those convicted of murder where parole eligibility was set at more than 15 years. In fact most eligible offenders convicted of murder do not apply for judicial review. In the time between the introduction of the judicial review provisions in 1976 and December 2003, 652 murderers have served more than 15 years, and there have been only 134 applications. Of those 134 applications, 107 offenders have had their parole ineligibility reduced and 87 have actually been granted parole.
In 1977 the government took significant steps to tighten the judicial review process for lifers by instituting several measures. Today, offenders convicted for multiple murders are excluded from judicial review and their parole eligibility period is automatically set at 25 years. There is a screening process whereby a judge must decide if the application has a reasonable prospect of success or else it may not proceed. The jury must be unanimous as opposed to the previous standard of two-thirds. Information from victims must be considered at the judicial review hearing if provided.
It must be made clear that judicial review is not an early parole hearing and does not result in the release of the offender. It only determines if the offender may become eligible to apply to the National Parole Board for parole.
The judicial review process serves to provide a degree of hope for the rehabilitation of convicted murderers, and thus serves to protect prison guards and recognizes that the public interest is not served by keeping offenders in prison beyond the point in the sentence where they can safely and gradually be reintegrated into society.
The government is fully committed to improving mechanisms that enhance the public protection. That is and will continue to be of paramount consideration for the government. However, the amendments proposed by the bill would run counter to the principles and objectives that underlie the effectiveness of our criminal justice system. That is why the bill before us is not the way to go, and should not be supported.