Madam Speaker, I am pleased to have the opportunity to speak today on the subject of Bill C-221. This bill introduced by the hon. member for Calgary Northeast is to amend part XXIII of the Criminal Code concerning life imprisonment.
This means that offenders subject to life imprisonment would have no access to parole. It also proposes to amend sections 745.6 to 745.64 of the Criminal Code, which will allow an offender to apply after 15 years for a reduction in the period to be served before parole eligibility.
It is important for hon. members to be aware that the bill would affect not just homicides, but more than 40 other offences in the Criminal Code that would provide for a maximum penalty of life imprisonment. Some examples are: to overcome resistance for the purpose of committing an indictable offence; robbery; breaking and entering in relation to a dwelling house; and extortion. It is unlikely that many Canadians would agree that individuals convicted of such offences should necessarily spend the rest of their natural lives in penitentiaries.
Although the Minister of Justice does not support Bill C-221, the government will continue its strong record of introducing effective legislation aimed at making Canadians safer in their homes and communities.
The concept of parole has been part of Canadian law since 1899. Parole recognizes that imprisonment is only one aspect of the reform of an offender and that rehabilitation of the offender and reintegration back into the community are also necessary if offenders are to become law-abiding citizens when they are eventually released. We believe that rehabilitating offenders is the best protection for the community in the long term.
Parole does not reduce a sentence, but permits offenders to serve the balance of their sentences in the community under supervision. This facilitates a gradual, controlled release back into society. Parole is not automatic. Offenders must meet specified criteria aimed at protecting public safety. Some offenders are denied parole and remain in custody for the entirety of their sentences.
Because of the importance of encouraging rehabilitation of all offenders, Canadian law does not endorse the concept of a life sentence without eligibility for parole. In exceptional cases, the Criminal Code does provide for the designation of an individual as a dangerous offender, who is sentenced to an indeterminate period of imprisonment.
Members may be interested to know that Canada's parole ineligibility period of 25 years for murder is among the longest in the western world. Prior to the introduction of the 25 year parole ineligibility period introduced as part of the repeal of the death penalty in 1976, the average time served for the equivalent of first degree murder was 15.8 years. In 1994 the average length of time served by offenders for first degree murder in Canada was 28.5 years. This is much longer than the average time, 14.3 years, served in a number of the other democracies, including western Europe, the United Kingdom, Australia, New Zealand and Japan.
In the U.S.A., in cases where parole is available, the average time served is actually 18.5 years. In the United States in cases where murderers are sentenced to life without parole, the average time served is approximately 29 years, very similar to Canada's 28.5 years.
It is also important to point out that in the case of a life sentence, an offender who is released on parole will be under the supervision of the National Parole Board until death. As is the case for anyone on parole, if the offender breaches his or her conditions, parole can be revoked and the offender may be returned to prison to serve the remainder of his or her sentence.
The faint hope clause, section 745.6 of the Criminal Code, is based on the belief, shared by not all Canadians but many of them, that even people who are guilty of terrible acts should be given a chance to come to terms with their crimes and rehabilitate themselves. Section 745.6 is intended for the exceptional case where a serious offender has already been able to turn his or her live around.
In 1997 the government amended the Criminal Code to ensure that offenders who committed multiple murders would no longer allowed to apply for a review of their parole eligibility period under this provision. I and all my colleagues on the government side supported that. In addition, a new screening mechanism was put in place whereby a superior court judge could screen out applications that had no reasonable prospect of success, and a new requirement was added that the jury considering the application must be unanimous in order to reduce the eligibility period.
Those were the changes done by this government earlier on to ensure that a tightening occurred, but that it was in line with the concepts of rehabilitation and proper sanction.
It is interesting to note that most eligible offenders convicted of murder do not apply for early release. Although 652 murderers have served more than 15 years in penitentiaries, there have only been 134 applications since 1976, when the faint hope clause was introduced. Of these, 54 resulted in the offenders being released on full parole.
I believe the law must provide appropriate penalties for serious crimes so that Canadians can continue to live in safety and security. However, research indicates that the extension of imprisonment by and of itself does not enhance public safety. The proposed provisions in the bill would ensure an ever increasing number of incarcerated federal offenders with no hope of release. This would seriously compromise the security of Correctional Service Canada personnel without providing more public safety.
Our government is committed to public safety while also encouraging and supporting strides toward rehabilitation. The evidence is clear that this balanced approach is the most effective way of contributing to safe homes and safe streets. People in the government, people on this side of the House, as well as colleagues on the opposite side of the House, are concerned about the victims in our society, and we also have empathy with them, but we do it in a measured way. We have to be responsible to the Canadian public for our system of justice and ensure that it covers all the best methods to address these very serious issues.