Mr. Speaker, I am pleased to rise today to speak to Bill C-19. As we have already heard in this House, this bill addresses a marginal yet important phenomenon, namely, street racing on public roads, streets and highways. This problem is very worrisome. According to statistics provided by the Library of Parliament, since 1999, 35 people in the greater Toronto area have died as a result of this practice.
Furthermore, in the course of this year, which is drawing to a close, there have already been approximately ten people who have unfortunately lost their lives because of this practice. I do not know what drives people to engage in street racing. Are they seeking thrills? Are betting, material gain or jackpots involved?
The government certainly has reason to be concerned. I have been a member in this House since 1993 and I remember very well the work of the hon. member from British Columbia who, sadly, has since passed away. That member introduced a bill in this House on three separate occasions. I understand that he became aware of this issue as the result of a tragedy in his own life, since he lost his own son in an incident involving street racing. I am referring of course to our late colleague, Mr. Cadman.
The Bloc Québécois therefore supports this bill's referral to the Standing Committee on Justice and Human Rights. Of course, it still needs some work, but we agree with the principle that the Criminal Code should be amended to add a distinct offence to punish those who engage in street racing, especially in urban areas. This bill is somewhat different from the bill introduced by the previous government, since the previous bill proposed the use of all provisions in the Criminal Code concerning dangerous driving or criminal negligence to make street racing an aggravating factor.
With respect to the principles of sentencing set out in section 718 of the Criminal Code, there are aggravating factors in cases where, for example, someone commits a crime, infraction or assault by intentionally beating someone up because of their sexual orientation. If we interpret section 718 of the Criminal Code correctly, a judge would have to take this principle into account when sentencing.
According to section 718 of the Criminal Code, the principle of proportionality must apply in all cases. Clearly, a person who commits a horrific, violent crime that causes death cannot receive the same punishment as a 15-year-old who steals something for the first time. Clearly, the principle of proportionality is central to section 718 of the Criminal Code. Mr. Speaker, you practised criminal law, so you must be familiar with these concepts.
The Bloc Québécois agrees that the bill before us should be referred to the Standing Committee on Justice and Human Rights. This bill does not take aggravating factors into account. The bill focuses on five infractions that already exist, redefining them and assigning specific penalties when they are committed in a street racing context. I would like to list these infractions to ensure we all understand. Bill C-19 says that dangerous driving that does not cause bodily harm, as set out in section 249.4 of the Criminal Code, when in a street racing context, must be subject to a specific charge.
A second new offence is created. Dangerous driving causing bodily harm—when someone injures someone or the car hits another car and causes injury—which is covered by subsection 249.4(3) of the Criminal Code, will give rise to a separate charge when street racing is involved.
There is a third offence. The punishment for dangerous driving causing death, which is obviously more serious, will be much more severe and can go up to life in prison. This is the third separate offence created in connection with street racing.
The fourth new offence that is created is criminal negligence causing bodily harm, which is covered by section 249.3 of the Criminal Code. When street racing is involved, this offence would give rise to a separate charge.
The fifth offence is criminal negligence causing death. This is not dangerous driving causing death, but criminal negligence causing death. It is the fifth new offence. It is already covered by section 249 of the Criminal Code and will give rise to a separate charge.
As an aside, hon. members know how prolific this government is when it comes to creating new offences. This government clearly wants to address a number of social problems by creating criminal law. But we must always ask ourselves whether a given problem warrants creating new offences.
In some cases, obviously, we do not agree with this approach. Penalties and sentences already exist. For example, I am very concerned about Bill C-9, which amends section 742 of the Criminal Code. This section was created in 1996, when Canada's current ambassador to the United Nations, Allan Rock, decided that the judiciary would have the option of a new alternate sentence, which was the possibility of serving a sentence in the community, at home. However, very specific conditions that we are all aware of applied to sentences under two years and cases where there were no minimum sentences. Clearly, the judge had to be convinced that the person serving the sentence did not pose a threat to the community.
The member for Argenteuil—Papineau—Mirabel knows that this is one case where it is certainly not helpful to take this tool away from the judiciary.
In the case before us, the Bloc Québécois is prepared to engage, in committee, in the serious exercise of considering whether it is appropriate to add specific provisions to the Criminal Code to put an end to the practice of using the public roadways for racing, which, marginal though it is, can have tragic consequences.
I am going to speak a little about the options that will be available to the courts when they sentence people convicted of street racing. Obviously, the entire question of sentencing is a sensitive issue in criminal law. We must know that there are very entrenched schools of thought: the “retributionists” and the “utilitarians”. Some people say that sentences have exemplary value, that they have deterrent powers, and accordingly that the more severe the sentences, the less people are likely to engage in that type of offence. Obviously, that reasoning is not immune to criticism, because it starts from the premise that individuals, ordinary mortals, are familiar with the Criminal Code and therefore with the type of offence and the type of sentence associated with it.
Obviously, we might doubt that this is so.
Some people say that sentences have very limited deterrent powers. It is not so much the sentence that matters, it is the efficacy of the sanction, because people will be arrested by the police and locked up, put in prison. Regardless of what school of thought one belongs to when it comes to sentencing, BillC-19 proposes the following sentences.
Speaking still of street racing, no minimum sentence is provided for dangerous driving that does not cause bodily harm or death—simple dangerous driving—but there is a maximum sentence of five years. When dangerous driving causes bodily harm, the maximum sentence is 14 years.
It is interesting to compare this with the previous bill. This is not a pointless exercise. When the Liberals were in power and Bill C-65 was introduced in this House, for the same offence, the Liberals proposed that there be a maximum prison term of 10 years. The Conservatives had—let us admit it—a more right-wing vision, one that took a more law and order approach, and they wanted the maximum to be 14 years.
When it comes to dangerous driving causing death—an extremely serious offence—nothing more needs to be said about the maximum sentence, which is life in prison. The judge can decide to impose a lesser sentence.
For criminal negligence causing bodily harm, the bill provides for a term of 14 years in prison, while in Bill C-65 the Liberals provided for a term of 10 years.
For criminal negligence causing death—also an offence that is of great concern—the proposal is for life imprisonment.
There are two approaches. The current bill proposes that a specific offence with specific penalties be established. The Liberals had proposed that it be treated as an aggravating circumstance, as per section 778, which must serve as a reference when considering the issue of sentencing. It is never easy in a society to know how to handle these cases. In fact, at the end of their mandate, Brian Mulroney's Conservatives—and this will be a pleasant or unpleasant memory depending on the allegiance—had established a commission of inquiry on sentencing, headed by Mr. Justice Archambault, which had dissected the issue of sentencing. The commission recommended that there be no minimum sentences. Since then, minimum sentences have been introduced for all offences pertaining to impaired driving; there are about forty. Minimum sentences have been added to all pornography offences and offences of a sexual nature.
Another clause of the bill deals with a mandatory order prohibiting individuals found guilty of street racing from operating a motor vehicle. At present, drivers' licences can be suspended. In some cases, the judge does not have the option of suspending the driver's licence of the accused before him. I am thinking of all those cases where an individual is found guilty of having the care of a vehicle or driving while impaired.
In other instances, power was more discretionary. The judge could, according to his or her discretion, order that a driver's licence be revoked for a minimum of one year, for a first offence in particular, for reckless driving causing bodily harm.
In Bill C-19 before us, it would be mandatory to revoke the driver's licence.
I can appreciate the logic, since having a driver's licence is not a constitutional right; it is a privilege. It is only natural for the legislator to provide that a driver's licence holder must exercise the privilege of using a car on the highway with extreme caution, vigilance and prudence.
It will also be possible to revoke driver's licences when people are fined for street racing and judges will be able to give a ruling.
And with every additional crime, the harsher the punishment. I will give you some specific examples. For reckless driving without bodily harm or death the judge can give a ruling at his or her discretion, as I was saying. The government would like to withdraw this discretionary power from the judge. For a first offence, it will be impossible to get a driver's licence for a year; for a second offence the suspension will last at least two years; and a third offence will result in a minimum suspension of three years. Maximums are also added to that.
We understand the logic. I am sure my colleagues understand it. We can agree with this, knowing that it is a matter of context and that judges will have to weigh the evidence accordingly.
For reckless driving causing bodily harm, again the judge will no longer have discretionary power. This discretion is being cut back. Let us be frank, the Conservatives have been using every power at their disposal in every bill presented so far to challenge this prerogative.
Are you indicating that I have one minute left or two, Mr. Speaker?