Mr. Speaker, like my colleague, I too am pleased to speak to Bill C-215.
Like all those who spoke during the first hour of debate, I too share the view that the objectives of the bill are laudable. However, I, like most of the members who spoke, am concerned that the approach taken to address the issue raises significant problems.
Having reviewed the transcript of the first hour of debate, I could not help but notice the strong tone taken by the member for Calgary--Nose Hill with respect to the remarks made by the Parliamentary Secretary to the Minister of Justice. She said that the parliamentary secretary could not have read the bill. This was in relation to the concerns that he raised with respect to the potential application of the minimum penalties proposed in the bill.
The member for Calgary--Nose Hill took great pains to read out the offences that are listed in Bill C-215. The point she wished to make was that the hypothetical case of an 18 year old shooting a bunch of car tires was not an offence captured in the bill and that it was irresponsible for the parliamentary secretary to say that it was.
I have read the bill and I am certain that the parliamentary secretary has read the bill. It seems to me that the member for Calgary--Nose Hill has not read it herself. Perhaps it was she who was acting irresponsibly in enumerating all the offences amended by the bill but neglecting to mention section 85, which is the offence of using a firearm in the commission of an indictable offence.
Mischief causing damage to property over $5,000 is an indictable offence. It is indeed captured by this bill which seeks to amend section 85 by providing a minimum penalty of 10 years for discharging a firearm in the commission of an indictable offence. This penalty must be consecutive to the one imposed for the underlying offence.
The possible application of such a severe penalty, given the nature of the hypothetical crime we mentioned, must undoubtedly be the reason why the parliamentary secretary felt compelled to highlight the problem.
Another issue the member for Calgary--Nose Hill took issue with was the concern most of the other members expressed with respect to the proposal to add supplementary penalties. Ironically, she did mention section 85 in this context immediately after having omitted it from the list of offences being amended. Therefore she appears to be aware of section 85's existence. Perhaps it is just that she did not know how it applied. The Liberal, Bloc and NDP members all understood and made the point that the supplementary sentences proposed were problematic.
I would like to take the time to explain, for the benefit of members of the other party, the problem with supplementary sentences. It is actually not that complicated.
It is not possible to have two penalties of imprisonment for one offence. As an example, let us look at how Bill C-215 proposes to amend the robbery offence. Clause 10 proposes that every person who commits a robbery is guilty of an indictable offence and liable:
(a) where a firearm is used in the commission of the offence or in flight thereafter, to imprisonment for life, and to an additional minimum punishment of a term of imprisonment, to be served consecutively to the term imposed for the offence, of
(i) five years if the firearm is not discharged--
(ii) ten years if the firearm is discharged...or
(iii) fifteen years if the firearm is discharged...thereby caused bodily harm or death;
It is not possible to provide two terms of imprisonment upon conviction for one offence. The member asked why this was a concern when currently section 85 sets out an additional minimum penalty, to be served consecutively, for using a firearm in the commission of an indictable offence. My colleague mentioned that we do use minimum sentencing in our law for firearms offences.
Two things are important to note: first, section 85 is a separate offence and it has its own penalty; second, section 85 does not apply when the underlying offence is one of the 10 serious offences listed.
The 10 serious offences listed are: criminal negligence causing death, manslaughter, attempted murder, intentionally causing bodily harm with a firearm, sexual assault with a weapon, aggravated sexual assault, kidnapping, hostage-taking, robbery and extortion.
A higher minimum penalty of four years has been incorporated in the penalty provisions for those ten serious offences already if they are committed with a firearm.
This was the principled approach taken in Bill C-68, which provided significantly higher minimum penalties for specific serious offences committed with a firearm, a bill that I supported.
The additional minimum penalty of one year or three years, depending on whether it is a first or subsequent offence, at section 85 can apply to other indictable offences: those that do not currently attract a minimum four year penalty.
Some indictable offences provided in the Criminal Code can be less serious in nature, even when they are committed with a firearm. This is why it is so important that we consider reasonable hypothetical scenarios.
The parliamentary secretary, in the first hour, mentioned one example, which some members found to be too far-fetched. However, given that it is almost identical to a hypothetical case considered in an actual judgment on the issue of section 85, I would suggest that it is not at all unreasonable to consider it.
The member for Charlesbourg—Haute-Saint-Charles gave another reasonable hypothetical case of someone who agrees to stand as a lookout while an accomplice carries out a robbery in a store. This lookout person would receive 19 years if Bill C-215 were passed.
The fundamental problem with Bill C-215 is that it would establish an inflexible penalty scheme, one which would force the courts to hand down grossly disproportionate sentences in cases that could quite reasonably arise.
As I stated at the outset, although the goal of the bill is commendable, that is to send a clear message to deter those who would use a firearm to commit a crime, it would not be of any use if the scheme proposed is not viable and, as such, stands a very high risk of being struck down by the courts.
I will not be supporting the legislation and I encourage my colleagues to oppose it.