Mr. Speaker, I am pleased to have this opportunity to comment on Bill C-215 and to follow my hon. colleague from Yellowhead and my friend from the Standing Committee on Health.
The bill was tabled on October 18 by the member for Prince Edward—Hastings. It is a bill proposing harsher sentences for serious offences under the Criminal Code in the commission of which a firearm or imitation is used.
The most important aspect of Bill C-215 is undoubtedly the extent of the proposed increase in minimum sentences. The bill proposes minimum sentences that go way beyond those currently prescribed in the Criminal Code. In fact, the use of minimum sentences in the code is quite exceptional. Although they are most commonly found in the part of the code that deals with firearms and other weapons, the increased use of them is fairly recent and not much is known about the effectiveness of the 1995 amendments.
I would therefore like to begin by focusing my comments on the principles of sentencing. Following that I would like to talk a bit about the problems Bill C-215 seeks, well-meaningly, to rectify: what is it that is not working well in the application of the existing provisions that would justify the amendments that are proposed?
We would all argue that crime is a major issue. In my riding of Dartmouth—Cole Harbour it is a particularly problematic issue. We have had a rash of swarmings and robberies and people do not feel safe in their homes, as they should. How do we fix it is the question.
To begin with the principles of sentencing, let us examine what is provided for in sections 718 to 718.2 of the Criminal Code. In section 718, we find the following:
The fundamental purpose of sentencing is to contribute, along with crime prevention initiatives, to respect for the law and the maintenance of a just, peaceful and safe society by imposing just sanctions that have one or more of the following objectives:
(a) to denounce unlawful conduct;
(b) to deter the offender and other persons from committing offences;
(c) to separate offenders from society, where necessary;
(d) to assist in rehabilitating offenders;
(e) to provide reparations for harm done to victims or to the community; and
(f) to promote a sense of responsibility in offenders, and acknowledgment of the harm done to victims and to the community.
The principle of proportionality, that is to say, the principle that the sentence imposed should be proportionate to the gravity of the offence and the degree of the responsibility of the offender, is a fundamental principle.
Furthermore, the courts are required to take aggravating and mitigating circumstances relating to the commission of the offence or the situation of the offender into account. They must consider the harmonization of sentences, that is to say, the imposition of similar sentences for similar offences and in similar circumstances, the totality of sentences when consecutive sentences are imposed and they have a duty to consider less restrictive sanctions before depriving an offender of his or her liberty and pay particular attention to the circumstances of aboriginal offenders.
Mandatory minimum sentences, especially those that are higher, can be contrary to several of the principles of sentencing codified in the Criminal Code, especially the principle of proportionality. They may also infringe the charter when the mandatory sentence is excessive or unusual.
That is why, in light of the principles set out in the Criminal Code and the Canadian Charter of Rights and Freedoms, we have in Canada a sentencing regime that promotes an individual approach. Our system allows the courts to impose sentences that are appropriate in light of the particular circumstances surrounding the commission of the offence and the offender.
The law that applies in sentencing does not authorize the courts to promote one of the stated principles to the exclusion of all others. Minimum sentences, especially those at the high end, are designed to give precedence to the principle of denunciation. Furthermore, the primary objective is to highlight the punitive aspect of a sentence, although retribution as such does not appear in the list of codified sentencing principles.
I am afraid that there is in our society an erroneous impression that minimum sentences are effective as a deterrent measure. I do not believe that is the case. The many studies that have been conducted in Canada and elsewhere show that minimum sentences have no effect on reducing crime. We merely have to look at the rate of gun crimes committed in the United States and the harsh penalties that apply there in order to understand that there is no direct link between the existence of harsh sentences and the commission of offences, though we would like to think otherwise.
In any event, even if we were to consider adopting minimum sentences that are significantly higher than those presently, it is our duty to examine the application of the existing provisions in order to identify whether there are shortcomings or gaps to be corrected. Criminal sanctions are the harshest measure of coercion in our society and we have a duty to resort to them when justified, and only when justified.
In the case of many of the offences targeted in Bill C-215, the current applicable sentences can range from a minimum of 4 years to a maximum of 14 years or life imprisonment.
By making use of much harsher minimum sentences, Bill C-215 seeks to make substantial changes in the approach to sentencing in Canada. I have commented on how minimum sentences generally risk being inconsistent with the principles of sentencing. I will not spend much more time on that.
I will simply conclude this part of my remarks by noting that with the large range of possible sentences in the existing relevant provisions there is ample room for the courts to impose as harsh a sentence as is desirable in the particular circumstances of any case and that there are no shortcomings to be rectified through this approach.
What is more, on the subject of current trends in the use of firearms to commit crimes, especially in the case of violent crimes, the rates are not increasing. On the contrary, recent justice statistics show a substantial decline in the rate of violent crimes committed with firearms, including homicide and robbery.
In 2002, 72% of violent crimes were committed without any weapon and 2.2% of violent crimes were committed with a firearm. That does not mean that action is not required and that is no comfort to those affected, but it must be effective and not just a show of force.
The existing sentences with respect to firearm use in crime are among the harshest in the whole of the Criminal Code and the current situation with respect to the use of firearms in crime in general does not show an increase. On the contrary, the current trend is clearly in the direction of a substantial decline.
So how would we be justified in passing the extremely high minimum penalties proposed in Bill C-215?
In conclusion I would like to reiterate my point with respect to the importance that we must give to the principles of sentencing when we examine any bill that proposes criminal sanctions. This task should engage us as parliamentarians here in the House even more when a bill proposes exceptionally harsh measures as Bill C-215 does.
Mandatory minimum penalties adopted in an ad hoc fashion result in great disparities in the law and undercut a principled, rational approach to sentencing reform. We need to do something about crime. Let us focus on the ways to reduce crime that work, that do make us safer and do make us more secure.