Mr. Speaker, I am pleased to speak to Bill C-64. I very much have enjoyed the commentary of the previous speakers. It raises that even a bill that is only one clause long and refers to amending the Criminal Code can raise some very important issues, such as sentencing, the unintended consequences and the like
However, on balance I think members will find, as we have in the speeches already, that there is all party support for this, not just because it happens to be coming from one of our former colleagues, Chuck Cadman, but because this fits in with the demands of Canadians to ensure that we fill some of these loopholes.
Bill C-64 would make it an offence to wholly or partially obliterate or remove a vehicle identification number. Canadians will understand that VINs are very unique to all cars and are there for identity purposes, but that car theft in whole or in part is a very serious problem.
In this bill, the punishment for the offence, if it proceeds with indictment, is a five year maximum term of imprisonment, or if proceeded with by summary conviction, a six month term of imprisonment and/or a fine of $2,000. This is not a matter to be taken lightly.
Just for the interest of the House, the term motor vehicle is defined in the Criminal Code and therefore would mean a vehicle that is drawn, propelled or driven by any means other than by muscular power and does not include railway equipment, so we are talking about basically motorized vehicles.
Motor vehicle theft is certainly not a victimless crime and I think that probably all members in the House have had experience in their own ridings and communities. When we talk about the theft of personal property, whether it be from outside or within the home, this is an invasive activity that tends to undermine the safety and security of our communities and creates a lot of consternation. Obviously, we should not consider this to be a victimless crime.
In addition, it has considerable impact on the vehicle owners. There are insurance matters, law enforcement, health care and correctional issues. The consequences and the ripple effect when this kind of thing occurs is staggering.
A report put out in 2000 indicated that the cost to the insurance industry alone from motor vehicle theft claims was in the range of $600 million in the year 1998. We do not have any more recent figures but when we consider the magnitude of that we understand that just because there is insurance and it may be covered, we do not get something for nothing. Obviously, through the insurance premiums we pay, they are geared to the lost records that are incurred with regard to the areas being covered. In this regard this is a major component of the cost of premiums for insuring vehicles.
Vehicle theft can take many forms. It can be a crime of opportunity, thrill, addiction or it can be even more sophisticated, requiring distinct roles and responsibilities, networks and combinations of criminal offences. We have certainly seen many movies on this subject matter itself. I can recall seeing one very recently where the big idea was to steal 60 cars in one night. To see the tools, they obviously did a lot of research, but it is amazing how efficient organized crime can be when it comes to vehicle theft.
One of the ways in which organized vehicle theft is facilitated is through the act of removing a vehicle's existing identity, and that is what this bill is all about, the vehicle identification number.
The first stage of this process involves criminals who work the streets seeking specific models or luxury vehicles. The next stage of the process involves intermediaries, or so-called chop shops, who will take the cars and modify them, disguise them or chop them up for parts. The process requires the vehicle be stripped of all existing labels and plates. It is the kind of thing that is so efficient it is absolutely amazing that it could happen so often without being noticed in communities.
I guess it should not be a surprise to us when we consider the situation of grow houses and the prevalence of grow houses in communities across Canada that seem to be able to operate without detection for very long periods of time, all for the benefit of organized crime.
The primary focus of the bill is to give some of the tools that are necessary to address the situation where the unique identify of a vehicle is disrupted.
Organized vehicle theft is lucrative and comparatively low risk. It also is increasingly international in scope. We have seen many stories where ship containers are being filled with certain cars that are very attractive to international destinations. If we were to look at some of these shipping yards, we would understand why it has been so difficult to detect this. This bill would be extremely important for the law enforcement side.
An example of this elaborate criminal activity was provided in a 1998 report where it was explained how a Vancouver area organized crime group operated by stealing vehicle identification numbers from salvage yards in Vancouver. It would then travel to Toronto, steal the cars that fit the make of the stolen vehicles and then apply the stolen vehicle identification number from the Vancouver vehicle onto the Toronto vehicle.
As we can see, there is some sophistication here, which makes this particular offence quite serious because it is facilitating major activity with regard to organized crime.
One report notes that theft rings need only put out money to pay for the theft of a vehicle and the cost of shipping, which together generally costs less than 10% of the value of the vehicle itself. Obviously, it is an extremely lucrative business and there is a lot of incentive for those who would participate in this criminal activity.
There are a few limited situations where some people may legitimately alter the vehicle identification number in the execution of their lawful work, and the intent of the bill is not to deal with that. We have had discussions through the debate today about the possibility of having an amendment where we are dealing with whether or not there is a need to identify the motivation, whether the motivation for alteration was with regard to taking away the identity of the car.
We also must ensure that those persons who have a legitimate reason, which is part of the bill in terms of requirement for having a lawful excuse, to incidentally tamper with a vehicle identification number, will be protected from criminal prosecution.
The offence, as designed in Bill C-64, accounts for these legitimate behaviours, such as inadvertency, by requiring that the tampering be committed under circumstances that give rise to a reasonable inference that the person did not so conceal the identity of the motor vehicle. The member for Provencher raised some concern about this aspect .
I suspect, being where we are in the legislative process, that work will be done to consider whether or not an amendment or some language amendments may be required to make absolutely sure that the bill is functional in the way that it was contemplated.
The particular circumstances that give rise to a reasonable inference are not spelled out in the legislation, nor should they be. They are open-ended to allow for crown prosecutors to lead evidence of intent, such as the application of a replacement vehicle identification number, altered vehicle documents, or fraudulent resale to an innocent buyer. Ultimately, this is a finding the court would make based on the evidence presented by the Crown.
Ultimately, motor vehicle theft is occurring at a very significant rate. I am pleased, however, to note that the rates have decreased slightly in the last year according to the latest reports. This is due in part to the numerous successful law enforcement strategies which are being employed across the country. For example, targeted law enforcement has been extremely successful in the bait car program operated throughout Vancouver, which is run by the Integrated Municipal Provincial Auto Crime Team, also known as IMPACT.
Essentially, bait cars are vehicles that are equipped with GPS tracking technology, as well as visual and audio recording devices. When an offender attempts to steal a car, an alarm is triggered at the monitoring station. Police are notified and are able to safely disable the vehicle, make an arrest and use the recorded evidence of the theft in the prosecution.
The fight against auto theft, organized or otherwise, will require similar creative law enforcement techniques if it is to be ultimately successful.
The situation is clear. Members of criminal organizations are reaping large profits on the backs of legitimate motor vehicle owners.
Therefore, I certainly hope that all members will support the bill, and to the extent that there are any concerns whatsoever, we take the time necessary to make whatever amendments are necessary so that we can pass this bill in honour of our late colleague, Chuck Cadman.