Mr. Speaker, I just want to continue with the balance of my address on Bill C-9.
The previous Liberal government introduced Bill C-70, which was an act to amend the Criminal Code with respect to conditional sentences, to further clarify appropriate limits on the use of conditional sentences because we take the safety and security of Canadian communities seriously.
Those reforms would have created a presumption preventing courts from using conditional sentences in cases of serious personal injury offences as defined in the Criminal Code, such as all forms of sexual assault, terrorist activities, organized crime related offences and any other offence where the individual case is so serious that the need to condemn the act and not use a conditional sentence takes precedence over any other sentencing objective.
By comparison, the Conservative bill, Bill C-9, which is currently being debated, simply restricts the use of conditional sentencing at any time someone is convicted of an offence prosecuted by indictment that carries a maximum prison sentence of 10 years or more. As a result, the Conservative bill affects a number of Criminal Code offences that our bill would not have impacted.
The implications of the bill are numerous. Since the Conservatives have chosen to set the bar at 10 years and only when prosecuted by indictment, there remains a possibility that crown prosecutors will simply use summary convictions in place of an indictment in an attempt to continue the use of conditional sentences.
There is also a concern that the bill could result in an uneven application of justice across Canada. Aboriginal communities would be notably affected by the bill. There is also a difference in prosecution in each of the provinces. For example, in certain provinces charges are laid by arresting officers, whereas in other jurisdictions crown prosecutors decide on which charges are to be laid. These are unintended consequences that must be addressed at the justice committee during consideration of the legislation.
We look forward to the legislation going to committee where it can be objectively analyzed in conjunction with expert opinions on its merits or negatives and, where necessary, appropriate amendments being made. The legislation, with a little more reflection, has the potential to help contribute to safer streets and communities. This is a worthy objective of all members of this House.