Mr. Speaker, I would like to speak today on Bill C-293, an act to amend the Criminal Code (theft of a motor vehicle).
I would like to begin by responding to some comments made in this House during the first hour of debate on Bill C-293.
I agree with the member for Langley that theft of a motor vehicle is a serious offence. I also agree with the comments by some members about motor vehicles being stolen for a variety of reasons. They can, for instance, be stolen to maintain a drug habit, to facilitate the activities of criminal organizations, or merely for the thrill of it.
If I understand correctly the position of the member who spoke during the first hour of the debate on second reading, one of the reasons given as justification for mandatory minimum sentencing as set out in Bill C-293 is its deterrent value. I am not convinced that the sentencing structure he proposed will achieve that important objective.
If this bill does try to send out a deterrent message about motor vehicle theft, it is a muted message, since it would, if implemented, cut the maximum sentence for motor vehicle theft in half, that is down to five years imprisonment.
Currently, anyone who commits theft of a motor vehicle is liable to 10 years' imprisonment if prosecuted by way of indictment. A maximum 10 year sentence tells offenders that this crime will not be tolerated by society in general or by the criminal justice system in particular.
An important sentencing principle in Canada is the consideration by the courts of any mitigating or aggravating factors during sentencing. For example, when theft of a motor vehicle is accompanied by an act of violence, that act is considered to be an aggravating factor in the determination of the sentence. Similarly, a mitigating factor would be if an offender pleads guilty or has no criminal record. The aim of this compensatory process is to ensure that like criminals receive equivalent sentences for similar crimes.
In other words, the judge has a great deal of discretion in handing down an appropriate sentence that takes into consideration the various directives set out in the Criminal Code provisions on sentencing, especially when it comes to crimes committed for a wide variety of reasons, as is the case with motor vehicle theft in this country.
Up to now, I have talked mostly about using criminal law to fight this type of crime.
During the first hour of debate on this issue, my colleague mentioned two other factors contributing to the reduction in thefts of motor vehicles in Canada, namely education and technology.
As regards technology, the current government made significant progress in March 2005, when it amended the regulations on vehicle demobilizers.
The amendment requires that, by September 1, 2007, all new vehicles with a gross weight rating of less than 4,536 kg be equipped with vehicle demobilizers. These systems, which make it difficult to start a motor without the device that deactivates them, will help reduce vehicle theft in Canada.
While no panacea, this new requirement will make it more difficult to steal a car and will no doubt be an effective deterrent in the case of crimes of opportunity or crimes committed by those looking for a thrill.
As regards the need for community and educational programs, recent initiatives enforcing the legislation have met with success. The recent HEAT program in Saskatchewan and the bait car program in British Columbia are examples of innovative methods used by the police to prevent this sort of crime in their community.
In conclusion, while I believe Bill C-293 is based on good intentions, I cannot support it, because it does not take into account the fact that car thefts are committed by all sorts of offenders for various reasons and with varying degrees of violence. In addition, it would essentially halve the current maximum sentence for this type of crime provided in the Criminal Code and would disproportionately increase the maximum mandatory sentence provided when the offence is punishable on summary conviction to two years, which is considerably more than sentences for crimes such as sexual assault.