Mr. Speaker, the Bloc Québécois is in favour of Bill C-64, which will provide the police with an additional tool in the fight against networks active in the theft, appearance alteration and resale of motor vehicles. Those networks, too often, enable criminal organizations to finance other criminal activities.
It is important to recall that this bill was introduced by the Minister of Justice on September 28, 2005 and that it is identical, almost verbatim—still, not enough to satisfy my Conservative colleagues—to private member's Bill C-287 tabled on October 17, 2004, by the late Mr. Chuck Cadman, who, until his untimely passing, was the member for Surrey North.
As I indicated, this bill amends the Criminal Code to make it an offence to alter, remove or obliterate a vehicle identification number, or VIN, on a motor vehicle. One of the means used by offenders to facilitate the theft, appearance alteration and resale of motor vehicles is VIN tampering. In fact, motor vehicle theft is endemic; it is becoming increasingly widespread. In 2004, approximately 170,000 vehicle thefts were reported in Canada. This is a very lucrative enterprise, one which often enables crime organizations to raise money to fund other criminal activities.
Therefore, by making it an offence to alter, remove or obliterate a vehicle identification number on a motor vehicle, it will be possible to lay charges more easily against the perpetrators of this crime. By making it an offence to alter a VIN, we have another tool with which to fight against the crime rings that steal, disguise and resell motor vehicles.
With specific regard to Bill C-64, every motor vehicle in Canada must have its own vehicle identification number. The VIN consists of letters and numbers, each representing a specific piece of information such as the make, category, model, year and manufacturer of that car. The VIN is affixed to various parts of each vehicle.
People who alter a vehicle identification number for the purposes of concealing a stolen car cannot currently be charged with a specific offence under the Criminal Code. The closest offence is the possession of property obtained by crime—section 354—which allows an individual to be charged with possession of a vehicle whose VIN has been altered. I want to read it quickly. Under subsection 354(1):
Every one commits an offence who has in his possession any property or thing or any proceeds of any property or thing knowing that all or part of the property or thing or of the proceeds was obtained by or derived directly or indirectly from
(a) the commission in Canada of an offence punishable by indictment; or
(b) an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment.
Subsection 354(2) states:
In proceedings in respect of an offence under subsection (1), evidence that a person has in his possession a motor vehicle the vehicle identification number of which has been wholly or partially removed or obliterated or a part of a motor vehicle being a part bearing a vehicle identification number that has been wholly or partially removed or obliterated is, in the absence of any evidence to the contrary, proof that the motor vehicle or part, as the case may be, was obtained, and that such person had the motor vehicle or part, as the case may be, in his possession knowing that it was obtained,
(a) by the commission in Canada of an offence punishable by indictment; or
(b) by an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment.
Until now, section 357 of the Criminal Code has been used to prosecute individuals found in possession of vehicles with an altered or obliterated VIN. The Criminal Code, however, does not at present include any offence regarding the alteration, obliteration or removal of a VIN. Bill C-64 will therefore remedy that shortcoming.
This new offence would be added after section 377 which deals with destruction, defacing, obliteration, or injury of documents. Anyone found guilty of this new offence would be liable to imprisonment for a term not exceeding five years. There would also be the option of proceeding by summary conviction with a maximum fine of $2,000, six months imprisonment, or both.
The wording on this new offence would be:
377.1 (1) Every one commits an offence who, wholly or partially, alters, removes or obliterates a vehicle identification number on a motor vehicle without lawful excuse and under circumstances that give rise to a reasonable inference that the person did so to conceal the identity of the motor vehicle
(2) For the purposes of subsection (1), “vehicle identification number” means any number or other mark placed on a motor vehicle for the purpose of distinguishing the motor vehicle from other similar motor vehicles
(3) Every one who commits an offence under subsection (1): (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or (b) is guilty of an offence punishable on summary conviction.
Like many bills in this House, Bill C-64 could likely be improved. At this time, however, the Bloc Québécois will be voting in favour of Bill C-64.