Mr. Speaker, it is a privilege to stand today to speak to Bill C-9, an act to amend the Criminal Code, conditional sentence of imprisonment.
As we heard earlier from the Minister of Justice and Attorney General of Canada, the bill would deliver on the government's platform and its commitment to eliminate the availability of conditional sentences for serious crimes, including designated violent and sexual offences, weapons offences, major drugs, crimes committed against children and impaired driving causing death or serious injury. It is a key issue addressed by the local chapter of Mothers Against Drunk Driving in my riding and community.
The bill would also introduce an additional prerequisite which would have to be met before a sentencing court could consider imposing a conditional sentence. The bill would make conditional sentences unavailable for offences punishable by a maximum of 10 years or more that would be prosecuted by way of indictment. The new bill would screen out serious offences, including serious violent offences in the Criminal Code as well as the major drug offences in the Controlled Drugs and Substances Act.
The government's move to reform the conditional sentence regime is an attempt to limit conditional sentences to cases for which they were originally meant to be used. In this regard I would refer hon. members to the comments made in 1994 by the then minister of justice and attorney general, the Hon. Allan Rock. At second reading of Bill C-41, which introduced the conditional sentence of imprisonment as a new sentencing option, he stated:
It seems to me that such an approach would promote the protection of the public by seeking to separate the most serious offenders from the community while providing that less serious offenders can remain among other members of society with effective community based alternatives while still adhering to appropriate conditions.
He went on to add:
Jails and prisons will be there for those who need them, for those who should be punished in that way or separated from society.
In June 2003, the Alberta ministry of justice and attorney general prepared on behalf of British Columbia, Manitoba, Ontario and Nova Scotia a paper entitled “The Conditional Sentence of Imprisonment: The Need for Reform”. In the 37th Parliament, this document was provided to the Standing Committee on Justice and Human Rights for its review of the operation of conditional sentences of imprisonment.
The paper argued that conditional sentences were an appropriate and effective sentencing tool in many cases, but the committee expressed concern with the use of a community sanction for offences involving serious violence or serious property crime.
The provinces that contributed to the paper were concerned that conditional sentences were being used too often for cases of serious crime, such as serious violent crime, sexual assault and similar offences, impaired driving, dangerous driving and criminal negligence involving death and serious bodily harm.
The options put forward for reform in the paper included a prohibition of the use of conditional sentences for such offences or a rebuttable presumption that a conditional sentence not be used for those serious offences.
On January 25, 2005, federal, provincial and territorial ministers responsible for justice affirmed that conditional sentences were an appropriate sentencing tool in many cases, but they, too, expressed the need for timely reforms to identify appropriate limits to the use of such sentences, particularly for serious violent offences.
There is a new government now, one that is committed to protecting our families and our communities. One way we can do this is to ensure that conditional sentences are used the way they were originally intended to be used; that is for less serious offences committed without aggravating circumstances.
I agree that conditional sentences can be an appropriate sentencing tool in many cases, but for very serious offences, especially serious violent offences, I am confident that the more appropriate use of conditional sentence orders will strengthen public confidence in, and sanction of, the administration of justice.
By working together, all levels of government, members of law enforcement and of course people from our community, we can move toward a safer society for ourselves and our families.
I believe members will find that it is a myth, or political spin at best, to say that parties opposite are concerned about prevention and that our present government is only about tough justice. I do not think it is unfair to say that part of the reason we are in the position we are in today is due to the weakening of the justice system and a soft approach to crime that has done nothing but see it increase.
Our new government's approach will be visible and it will be practical. In keeping with the platform we were elected on, we will make the streets safer in St. Catharines and all of Canada, and that is one of our top priorities.