Mr. Speaker, I rise today to express support for Bill C-65, an act to amend the Criminal Code.
Over the past few years there have been horrific instances of innocent people being injured or even killed as a result of street racing. Despite the potential of death or serious injury, as well as criminal sanction, this dangerous phenomena of street racing continues on our streets.
I am pleased to state that the Criminal Code does already have offences that criminalize fatal and injurious collisions where street racing is involved. These existing offences include criminal negligence causing death, which carries a maximum penalty of life imprisonment; dangerous driving causing death, which carries a maximum of 14 years imprisonment; criminal negligence causing bodily harm with a maximum of 10 years imprisonment; and dangerous driving causing bodily harm with a maximum of 10 years imprisonment.
There have been cases where the courts have recognized street racing as an aggravating factor at sentencing, although there is presently no requirement under the Criminal Code that they consider this fact as an aggravating factor. An aggravating factor typically has the result of increasing the sentence that a court would otherwise impose if the factor did not exist.
Furthermore, the courts currently have the discretionary power under the Criminal Code to order a period of driving prohibition if a person is convicted of one of these four offences. These current discretionary periods do not have a minimum period of prohibition and they do allow for a 10 year maximum period where there is a conviction for the offences that I mentioned before.
The goal of Bill C-65 is to make this existing legislative scheme stronger in a balanced consistent manner. In achieving this objective, the government proposal would amend the Criminal Code to explicitly provide for street racing if found by the sentencing judge to be present there is an aggravating factor in sentencing for those convicted of the four noted offences; namely, criminal negligence causing bodily harm or death and dangerous operation of a motor vehicle causing bodily harm or death.
Bill C-65 would also include mandatory driving prohibitions where the noted offences are found to involve street racing. There would be a new mandatory minimum driving prohibition period of one year for dangerous driving causing bodily harm, dangerous driving causing death and criminal negligence causing bodily harm. The maximum driving prohibition term would remain 10 years.
In the case of criminal negligence causing death, the proposal would provide a minimum prohibition of one year and the maximum would remain a lifetime ban.
In all cases, the mandatory minimum driving prohibition would be in addition to any period to which the offender is sentenced to imprisonment.
It is important to recognize that these periods of mandatory driving prohibitions are reflective of those periods which are currently found in section 259, concerning the Criminal Code, that deals more generally with driving prohibition orders.
For the purpose of clarity, under Bill C-65 street racing means operating a motor vehicle in a race with another motor vehicle on a street, road, highway or other public place.
Some members of the House will certainly recall Bill C-230 brought forward by our late colleague, Chuck Cadman. Bill C-230 was in fact the inspiration for Bill C-65 but there are notable similarities and as well notable differences.
First, it is key that the offences to which the reforms apply are the same as in Bill C-230. Furthermore, both bills specifically identify street racing as an aggravating factor for the purposes of sentencing and make a driving prohibition mandatory where street racing is found to accompany the offence.
With regard to the differences between this bill and Bill C-230, in Bill C-230 mandatory prohibition periods are tied to second and subsequent offences committed by the same accused. Bill C-65 does not adopt this scheme because the proposed changes pose several practical obstacles
Furthermore, Bill C-65 does not include the mandatory lifetime driving prohibition that was proposed in Bill C-230 for a second or subsequent street racing offence where one of the offences was either dangerous driving causing death or criminal negligence causing death. However this does not mean that Bill C-65 fails to take street racing as seriously as Bill C-230 did. On the contrary, Bill C-65 proposes a maximum driving prohibition for an offence involving street racing which is seven years higher than that proposed by Bill C-230 for a first offence or dangerous operation of a motor vehicle causing bodily harm, death or criminal negligence causing bodily harm.
In addition, the government's proposal to adopt a maximum lifetime driving ban for the offence of criminal negligence causing death that involves street racing is significantly higher than the three year maximum driving prohibition proposed by Bill C-230 for the first offence. Bill C-65 also provides a maximum driving prohibition for a second offence of dangerous driving causing bodily harm or criminal negligence causing bodily harm involving street racing of 10 years, which is higher by 5 years than that proposed by Bill C-230 for a second offence of dangerous driving causing bodily harm or criminal negligence causing bodily harm.
Therefore, Bill C-65 and Bill C-230 are based on the underlying objective of ensuring that those who street race and commit one of those listed offences are dealt with more severely while also providing for a mandatory period of driving prohibition with a goal of keeping our streets safe.
I would like to now briefly discuss why Bill C-65 does not adopt a subsequent street racing offence scheme which has been requested. If Bill C-65 is passed, offenders who participate in street racing and commit one of the four offences will be convicted of criminal negligence causing bodily harm or death or dangerous operation of a motor vehicle causing bodily harm or death.
The finding that an offender has engaged in street racing in the commission of an offence is a factual finding made by the judge. It is not an element of the offence itself and, therefore, not reflected in the charge against the accused. This factual finding is not recorded on CPIC and, therefore, will not show up on the criminal record of the repeat offender.
The only situations where a crown prosecutor would be aware of a previous conviction involving street racing would be where he or she has a practical familiarity with the offender or the facts in the previous prosecution. If this were the case, the crown prosecutor would likely be required to obtain a certified copy of the sentencing hearing transcript or reasons for decisions in the hope that the sentencing judge verbally or in writing expressed the finding that street racing was involved. It would not be readily ascertainable from the charge history of the accused.
It is practically unworkable. As a result, a prosecutor would have great difficulty in knowing whether he or she is dealing with a repeat offender and, therefore, would not know to inform the sentencing judge that this was a repeat offence. As such, a scheme based on repeat offences could not be perfectly effective at achieving its aims. Further, it would likely lead to inconsistent application of the repeat street racing offender scheme. For these reasons, it was not adopted in Bill C-65.
In taking into account repeat offenders when they are known, Bill C-65 proposes a higher maximum driving prohibition period than was proposed in Bill C-230. Furthermore, sentencing judges routinely consider the existence of previous convictions in setting an appropriate and fit sentence even where this is not explicitly required. This element of Bill C-65 is therefore based on practical considerations and achieves a balanced approach.
There are existing tools in the Criminal Code that can be called upon to ensure that these amendments are implemented to their fullest. There may be concerns that driving prohibitions currently imposed are not being respected as certain drivers subject to such orders continue to drive.
Currently, the Criminal Code provides that anyone who operates a motor vehicle while he or she is disqualified to do so is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years or is guilty of an offence punishable on summary conviction. The driving prohibition orders which would be imposed as a result of Bill C-65 apply to this offence provision as well.
Furthermore, it is important to state that the existing provisions of the Criminal Code that deal with seizure and forfeiture of offence related property upon conviction will also apply for any of the four noted indictable offences, as well as for the indictable offence of driving while disqualified.
I am sure we would all agree that this power of seizure and forfeiture, when used, should certainly deter those with existing driving prohibition orders from getting behind the wheel of a car.
In summary, the bill specifies that if street racing is found by a sentencing judge to be involved in an offence of dangerous operation of a motor vehicle causing bodily harm or death and criminal negligence causing bodily harm or death, then the street racing is to be considered as an aggravating factor in setting the sentence.
Furthermore, the bill provides that if street racing is found to be involved in these listed offences, then a period of driving prohibition must be imposed. The range of driving prohibition is 1 year to 10 years for driving causing bodily harm or death and criminal negligence causing bodily harm. The range is one year to a lifetime ban for an offence of criminal negligence causing death. These prohibition periods would follow any period of imprisonment imposed.
The approach adopted in Bill C-65 is based on practical considerations and is aimed at achieving the objective of making our streets safer. Those who engage in street racing must be discouraged from engaging in this dangerous behaviour and those who street race and ultimately cause bodily injury or death to anyone must be dealt with appropriately. Bill C-65 achieves this objective and, therefore, it has my full support.
I would urge all members to support Bill C-65 so that our police and crown prosecutors will have strong tools to fight against this dangerous phenomena.