Mr. Speaker, it is an honour and a privilege today to speak to Bill C-19 respecting street racing.
Today I of course will be speaking in favour of the government's Bill C-19, An Act to amend the Criminal Code (street racing) and to make a consequential amendment to the Corrections and Conditional Release Act.
We have heard members opposite say there is some magic formula that can be used as a cure-all, but I think Canadians and certainly my constituents in Fundy Royal, contrary to those members, find it extremely refreshing that we finally have a government that is taking criminal justice seriously. We know that for too long there was a Liberal revolving door to the criminal justice system. We saw a lot of fluff come out. We saw programs that did not work.
Frankly, my constituents say to me that they find it refreshing to have a government that takes seriously protecting them, protecting society, protecting their lives and protecting their property. Quite frankly, they were fed up with the talk from the opposite side and are pleased to see some action.
As we know, and as has been said in other speeches, the matter of street racing was one of great importance to the late Chuck Cadman. Chuck was a member of Parliament for Surrey North and had twice brought forward a private member's bill on the issue of street racing, but each time the bill died on the order paper.
The previous government, as was mentioned, also brought forward a government bill, Bill C-65, during the 38th Parliament. That bill, too, died on the order paper. Like Mr. Cadman's bill, Bill C-65 took the approach of making street racing an aggravating factor for the offences of dangerous driving and criminal negligence that involve death or injury. Unlike Mr. Cadman's bill, Bill C-65 did not propose higher minimum driving prohibitions for repeat offences.
The government's Bill C-19 does follow Mr. Cadman's approach of bringing in mandatory driving prohibitions that escalate with repeat offences. We know that it is the few who are creating the problem. It is the recidivism and the repeat offenders who need to get the message that we are not going to tolerate serious street racing on Canada's streets.
In order to ensure that police and prosecutors can determine that a person is a repeat offender through the Canadian Police Information Centre, it is necessary to enact a street racing offence rather than simply create an aggravating factor of street racing. This is because CPIC does not record aggravating factors.
Some would say that past proposals to enact a requirement for judges to take into account acts of street racing as an aggravating factor in sentencing were very modest, given the fact that judges, and this is an important point, are already required to take into account all aggravating and mitigating circumstances when sentencing an offender. In this sense, enacting an aggravating factor provision would simply codify what judges already do and what they are quite rightly required to do. If a judge does not consider street racing an aggravating factor in sentencing, one would certainly expect the prosecution to appeal the sentence.
New street racing offences carrying mandatory driving prohibitions will send street racers a very clear message. It is a message that has to be sent on behalf of all Canadians. Racing on public streets is not going to be tolerated. I would point out that I am not, of course, speaking here of officially sanctioned road rallies but about those who commit the offence of dangerous driving or criminal negligence coupled with street racing. We did hear some members speaking today about legal racing, racing on racetracks, which is perfectly legitimate and which the bill does not touch on.
To those who do not heed the message sent by these new offences, Bill C-19 will deliver serious consequences.
Let me speak for a minute about those who engage in street racing. In many cases, they risk not only their own lives but the lives of others and pedestrians, innocent third parties who have in no way consented to any form of speed contest on the streets of our cities and towns.
My hat is off to police officers and others who work very hard with motorsport shops and organizations such as Mothers Against Drunk Driving to find safe, closed circuit venues for drivers to experience the thrill of racing. Those kinds of efforts, along with strong federal and provincial legislation, are exactly what is needed to eradicate street racing in Canada.
In my view, specific federal legislation on street racing is needed now more than ever. The evidence is quite clear on that. The existing dangerous driving and criminal negligence offences that can apply to street racing go some distance to preventing street racing by right thinking drivers, but there are still too many that will risk the lives pedestrians and other motorists in order to engage in street racing on busy city streets.
Where Parliament can do something more than what is already in place to improve the Criminal Code measures directed against street racing or any other serious offence for that matter, it ought to do so. Bill C-19 gives parliamentarians the opportunity to contribute in a meaningful way to the combined federal, provincial and municipal efforts aimed at street racing.
Bill C-19 will enact five new offences related to street racing. Three of these relate to the existing offence of dangerous driving. The other two relate to the existing offence of criminal negligence. For all five offences within Bill C-19, the key distinguishing feature will be the commission of the underlying offence plus the act of street racing on a street, road, highway or other place to which the public has access.
Another distinguishing feature of the five street racing offences is that they will each carry a mandatory prohibition from driving in Canada. These Criminal Code driving prohibitions will escalate for repeat offenders.
I will ask the indulgence of my colleagues in the House while I briefly sketch out the mandatory driving prohibitions.
For a first offence of dangerous driving with no death or injury accompanied by street racing, the minimum driving prohibition will be one year and the maximum driving prohibition will be three years.
For a second offence of dangerous driving with no death or injury and street racing, the minimum driving prohibition will be two years and the maximum driving prohibition will be five years.
For a third offence of dangerous driving, again with no death or injury and street racing, the minimum driving prohibition will be three years and the maximum driving prohibition will be a lifetime driving ban.
Where there is a first conviction for dangerous driving with injury and street racing, the minimum driving prohibition will be a minimum of one year and a maximum of 10 years.
Where there is a second conviction for dangerous driving or criminal negligence with injury and street racing, the minimum driving prohibition would be two years and the maximum driving prohibition 10 years.
Where there is a third dangerous driving or criminal negligence with injury and street racing, the minimum driving prohibition would be three years and the maximum again would be a lifetime ban.
Where there is a first conviction for criminal negligence with death and street racing, the minimum driving prohibition would be one year and the maximum would be a lifetime ban.
Where there is a first conviction for dangerous driving with death and street racing, the minimum driving prohibition would be one year and the maximum driving prohibition would be 10 years.
On a second conviction involving dangerous driving and street racing or criminal negligence street racing involving death or injury, and either the first or the second conviction involved a death, there would be a mandatory lifetime driving ban.
I hasten to note that these driving prohibitions are in addition to a driving ban during any period in which drivers are imprisoned. There will be no case where convicted drivers are sitting in jail, not prohibited from driving or having the driving prohibition period running down while they are incarcerated.
I turn now to the provisions in Bill C-19 for imprisonment.
For dangerous driving with street racing where there is no death or injury, the prosecution has the choice to proceed summarily, where the maximum period of incarceration is six months imprisonment, or the prosecution in a more serious case may choose to proceed by way of indictment, in which case the maximum period of imprisonment is five years.
For dangerous driving or criminal negligence with injury and street racing, the maximum period of incarceration is 14 years under Bill C-19. The current Criminal Code provisions do not speak to street racing and the present maximum for dangerous driving or criminal negligence with injury is 10 years imprisonment.
For both dangerous driving and criminal negligence with death and street racing, the maximum period of incarceration is life under Bill C-19. The current Criminal Code provisions again do not speak to street racing and the present maximum for dangerous driving with death is 14 years imprisonment and for criminal negligence with death the maximum is currently life imprisonment.
I think that Bill C-19 is a balanced approach to dealing with the dangers posed by street racing. The ranges of imprisonment and mandatory driving prohibitions that escalate with repeat offences reflect the serious nature of the proposed street racing offences.
Although there may be the very rare case where there are drivers who repeat a street racing offence that involves bodily harm or death, the police information system, CPIC, will track the repeat offence and it will be certain that these persons will receive harsher sanctions. This is an improvement over prior street racing bills given that the police information system does not show that there was an aggravating factor of street racing in a prior conviction, but would show prior street racing offences that are proposed by Bill C-19.
I also want to set the record straight on a couple of issues. Some media articles have suggested there is nothing useful to be found in Bill C-19 or that it is simply politically motivated. Nothing could be further from the truth.
It is clear that the bill will bring in mandatory driving prohibitions that will escalate with repeat offences. The existing driving prohibition in dangerous driving and criminal negligence cases is discretionary. It is hard to imagine that even some legal commentators do not seem to grasp this very significant proposal for change.
With the number of street racing offences involving death or injury, there will be an increase in the penalty range from that which exists for the current offences of dangerous driving and of criminal negligence. This is not a cynical political attempt to grab headlines. It is a valid response to a real problem which does what the Criminal Code can logically do in order to contribute to existing combined efforts of provincial governments, police, municipal governments, and other stakeholders to eliminate street racing and its attendant dangers from Canadian roads.
While it is true that higher maximum penalties under Bill C-19, like all maximum penalties, are reserved for the worst offender and the worst factual circumstances, raising a maximum penalty is Parliament's signal to the courts that Parliament sees the problem as more serious and that a shift to higher sentences is warranted even in those cases that do not involve the worst offender and the worst factual circumstances.
Some critics have even suggested that prosecutors would shy away from a dangerous driving street racing charge and prosecute a dangerous driving charge instead. This is nonsensical. The street racing offence will carry a mandatory driving prohibition while a conviction for dangerous driving without street racing carries a discretionary driving prohibition. There is a clear advantage to the street racing charge and with the passage of Bill C-19 an additional tool for the prosecutor's toolbox.
Finally, some critics charge that the problem is one which is either small or trifling. Try telling that to ordinary Canadians who experience street racers dodging in and out of traffic, putting road users at risk, or to families who are attending funerals and hospital emergency rooms as a result of a street racing accident. We cannot give street racing the ostrich treatment and simply stick our heads in the sand saying it is not a big problem.
No member of the government side of the House is saying that Bill C-19 alone is going to end street racing. However, it is an important part of the combination of countermeasures that are needed to confront the problem. Not to bring forward these measures would be irresponsible.
Where Parliament can do something proactive and logical about street racing, it ought to do exactly that. Bill C-19 proposes measures that are logical and that can be implemented by police and prosecutors. The measures proposed are neither pie in the sky nor Draconian. They are balanced and measured. They are calculated to contribute to the elimination of dangerous driving and criminal negligence combined with street racing. Anyone who says otherwise is simply wrong in their assessment of what the bill proposes.
In closing, I want to congratulate the Minister of Justice for fending off unjustifiable criticism in bringing this bill forward. I think it builds on the work done by the late Mr. Cadman and even on the street racing bill of the previous government. It does so in a very non-partisan way.
Bill C-19 is not about locking offenders and throwing away the key. It is balanced but it is firm. It is not a single solution to street racing, but it joins in the combination of measures that are needed to eradicate the dangers on the street.
I will be supporting Bill C-19 and I invite all members of the House to put aside partisan politics and pass this bill at second reading to send it to the legislative committee review stage.