Mr. Speaker, I rise today to conclude the debate on my private member's bill, Bill C-471.
If enacted, the bill will amend section 752 to section 761 of the Criminal Code, automatically making anyone convicted of two or more sexual offences against a child a dangerous offender. The onus will be on the individual designated a dangerous offender to provide the grounds or arguments against such a designation. Furthermore, the private member's bill would amend the Corrections and Conditional Release Act restricting release.
Under Bill C-471, the National Parole Board shall not grant parole, unescorted temporary release or statutory release to an offender who has been designated a dangerous offender under subsection 753(1.1) of the Criminal Code, unless the board has first received at least two medical expert opinions following thorough psychiatric assessment of the offender.
The assessors must be of the opinion that the offender, if released, is not likely to commit another offence and will not pose a threat to persons under the age of 18 years.
This private member's bill was prompted by the fact that our current law does not, in my opinion, deal appropriately with those who pose ongoing risks to society, especially to the most vulnerable of society, our children. My private member's bill was also prompted by a Supreme Court of Canada ruling last September, which makes it harder for the courts to declare someone a dangerous offender.
In a nine to zero decision, the Supreme Court justifies that no matter how many crimes an individual commits against innocent people, lower court judges must pay attention to the possibility of rehabilitation, rather than hand out indefinite sentences for those who have already shown they plan to follow on and continue in a life of violent crime.
As a result of this precedent setting ruling, on March 31 a Toronto judge rejected a dangerous offender application for Ronald Roberts. This career criminal was convicted in August 2002 of severely beating a fellow patron in a pool hall. He had 30 previous convictions over 19 years, including two sexual assaults at knifepoint.
On April 2, Douglas Donald Moore hung himself while in jail on charges of 11 sexual offences against children. This sexual predator is believed to have also killed 15 year old René Charlebois, Robert Grewal and Giuseppe Manchisi.
Moore was a monster. He sexually assaulted four boys in 1986, a 12 year old boy in 1988, then fled parole and sexually assaulted a 14 year old boy in 1991.
After serving only four years of an eight year sentence, Moore was eligible for statutory release in 1995. The National Parole Board refused to release Moore because it believed he was a high risk to public safety and that he would reoffend. However, 18 months later he was released after the parole board claimed he had become a positive role model after taking sex offender treatment.
Since his release in 1997, it is believed that Moore assaulted numerous children and killed at least three people.
Moore was a habitual child molester, who virtually every expert would agree could not be cured. Studies show that neither punishment nor rehabilitation can help many child sex offenders. Experts tell us that the least likely offenders to be rehabilitated are sexual predators, especially pedophiles. In fact they state:
Repeat sex offenders are more than twice as likely to commit further sex offences, much more likely to violate conditional release conditions and more likely than other offenders to reoffend with a non-sexual offence.
This information is fully supported by a number of studies that repeatedly indicate that sex offenders have one of the highest recidivism rates of any criminal group. An estimated 40% of sex offenders reoffend within five years of release.
As well, research indicates that offender treatment programs have shown limited results. In fact practitioners in the field of sex offender treatment do not claim ever to cure sex offenders, but rather to manage the risk of reoffending.
With regard to Douglas Moore, an article in the Hamilton Spectator said:
Why would a man with his history not be subject to a dangerous-offender hearing, to let a court decide if he should be detained indefinitely?
The answer goes on:
Responsibility lies with the federal justice department and provincial Crown attorneys and judges.
After September 2003, the responsibility for child molesters freely roaming the streets rests with the Supreme Court of Canada. Earlier this month many other cases came forward.
I believe the only way we can achieve the measure of protection, protection for the most vulnerable members of society, is to automatically make all those convicted of two or more sexual assaults against a child dangerous offenders. The only way to stop these sadistic predators is to keep them behind bars. Repeat child sex offenders should be incarcerated until there is absolutely no doubt that they will not reoffend.
I implore all members on all sides of the House to support my private member's bill.