Mr. Speaker, it is interesting to hear some of the comments and speeches from other members and also some of the questions and answers. It is quite enlightening.
I am delighted to have the opportunity to speak to this very significant bill. It is a bill that is in keeping with the campaign and election commitments made by the Conservative Party of Canada to Canadians.
We said that we would toughen up the laws on crime, target crime and criminals in an effective and efficient manner. We said that we would bring in penalties that would send a message to gangs, to those who preyed on citizens and to those who used handguns in the commission of violent offences. We said that we, as a Canadian society and as a Parliament, would not tolerate that any more.
Bill C-10 proposes escalating minimum penalties that are specifically tailored to the nature of the current gun crime problem in Canada.
Just to correct the record, the member mentioned that handguns were not a significant part of the problem and that somehow long guns were. This legislation targets handgun crimes. Sixty-five per cent of homicides in Canada are committed with handguns. The vast majority of those handguns are illegal guns. They are unregistered and many of them are smuggled in to Canada by gangs.
It is suggested somehow that we should continue targeting law-abiding hunters, gun collectors and farmers. For 10 years we have lived with the gun registry, a Liberal scheme which targeted law-abiding citizens rather than criminals, and this is a ridiculous assertion.
This is aggressive and decisive legislation. It uses appropriate and adequate measures. It is aimed at curbing gang and gun violence, particularly crimes committed with handguns.
The bill is not directed at law-abiding firearm owners or aboriginal Canadians who use firearms for hunting or target shooting. Frankly, it is a refreshing approach. We have a crime problem. The proposed bill targets criminals who continue to use firearms in the commission of serious crimes.
I am very pleased the government has taken action to get tougher on serious firearms offenders. I am certain that many Canadians feel, as I do, that our gun control laws should be directed at those who use firearms for criminal purposes and not at hunters and farmers who use firearms for legitimate purposes.
The approach taken in Bill C-10 is appropriately directed at the gun crime problem. Bill C-10 proposes tough criminal sanctions for those who commit serious firearms offences, with significantly tougher mandatory minimum penalties for those who have a criminal record that includes serious firearms offences. We are sending the message through this that if a person continues to offend, there will be escalating consequences.
The escalating minimum penalties depend on the nature and level of seriousness of the offence. For a series of serious use offences, enhanced minimum penalties will apply when one of two aggravating factors is present.
The first possibility is whether a firearm was used in the commission of an offence that is linked to a criminal organization; that is a gang. Over the last few years in Toronto and elsewhere, we have seen a complete escalation of gang violence and gang members using handguns to victimize other Canadians.
The second aggravating factor is whether a restricted or prohibited firearm, such as a handgun, is used in the commission of that offence. If either of those factors is present in the commission of attempted murder, discharging a firearm with intent to injure a person or prevent arrest, sexual assault with a weapon, aggravated sexual assault, kidnapping, hostage taking, robbery or extortion, the following mandatory minimum penalties will apply.
Members will see that these are reasonable penalties in light of the offences I just named: five years on a first offence; seven years if the accused has on their criminal record a prior conviction entered in the last 10 years for having used a firearm in the commission of an offence; or 10 years if the accused has more than one prior use conviction. This is an escalating penalty for those who are repeat offenders.
For other serious offences in which a firearm was not used in its commission but involved firearms, different escalating mandatory minimum penalties would apply. These offences do not require the presence of aggravating factors such as the use of restricted or prohibited firearms or a connection with organized crime. These escalating minimum penalties are based on repeat offending for the offences of: possession of a loaded, restricted or prohibited firearm; firearms trafficking; possession for the purpose of trafficking; making an automatic firearm; firearm smuggling; and a new offence of robbery where a firearm is stolen. This would apply to what the previous speaker talked about where gang members targeted legitimate firearm owners. The previous government's solution to that problem was to continue targeting law-abiding citizens, thereby further victimizing the victim. We are going to target these criminals and that is what we should be doing.
The following mandatory minimum penalties will apply in these cases: three years on a first offence; and five years if the accused has a prior conviction. For the offences of possession of a firearm obtained by crime, possession of a firearm contrary to a court order, a new offence of breaking and entering with intent to steal a firearm, using a firearm or imitation firearm in the commission of other indictable offences, the following mandatory minimum penalties will apply: one year on the first offence; three years if the accused has a prior conviction in the last 10 years for having used a firearm in the commission of an offence; or five years if the accused has more than one such conviction.
The firearm offences targeted in proposed Bill C-10 are very serious offences. It appropriately targets serious or repeat firearm offenders. It does so in a tough but measured way based on relevant aggravating factors. The bill aims at ensuring that appropriately tough sentences are imposed on gun offenders and that Canadians are protected from threats posed by gangs and the use of firearms.
Parliament is responsible for setting the range of penalties, both maximum and minimum penalties, which it considers appropriate for Criminal Code offences. Next to murder, the penalties for firearms offences are the harshest in the Criminal Code, particularly in regard to the application of minimum penalties.
Proposed Bill C-10 builds on the existing approach with respect to minimum penalties for firearms offences and it does so in a way that is consistent with existing sentencing principles.
The principles of sentencing set out in the Criminal Code provide that the fundamental purpose of sentencing is to contribute, along with crime prevention initiatives, to respect for the law and the maintenance of a just, peaceful and safe society by imposing just sanctions that have specified objectives. These objectives include denunciation, deterrence, separating offenders from society if necessary, rehabilitation and providing reparation to victims and communities. It is all too often that victims and communities are last on our list of priorities. The bill aims to move them into a priority and show Canadians that we take the concerns of victims and communities seriously. We will do what is necessary to ensure that victims are not re-victimized and that communities in Canada are safe.
These objectives are also meant to promote acceptance of responsibility and acknowledgement of harm done to victims and communities.
Another important principle is that of proportionality. In other words, a sentence should be proportionate to the gravity of the offence and the degree of responsibility of the offender. When we speak about the principle of proportionality, full consideration must be given to both the gravity of the offences and the moral blameworthiness of an offender.
Bill C-10 readjusts the penalty ranges for a number of serious firearms offences to raise the lower end of the sentence that can be imposed. This is being done to specify that, compared to other crimes, serious and repeat gun crimes should be punishable by more severe sentences. I think Canadians have said overwhelmingly, and parliamentarians are listening, that this is the approach they want. They want us to take an approach that targets criminals, gun crimes and repeat offenders especially.
Violent gun crimes such as handgun robberies, supplying criminal gang members with illegal guns or attempting to kill gang rivals are the types of serious gun crimes being targeted by Bill C-10. Those who commit these types of offences are more morally blameworthy, as these crimes often take place in our communities, thus putting the greater public at risk. We also have seen tragic examples of this, where a conflict between gang members who may be from rival gangs has resulted in an innocent person being caught in the crossfire and being injured or even killed.
Much effort went into ensuring that the penalties proposed in Bill C-10 are appropriately tailored to the current gun crime problem. The highest levels of 10 years for using a firearm and five years for other serious firearms related offences will be applied to repeat firearms offences. The manner in which the highest minimum penalties will apply is intended to ensure that they do not result in grossly disproportionate sentences being handed down.
We must also note the other important principles of sentencing, including that of denunciation. Gun crimes are very serious offences, and I think everyone in this House acknowledges that, but this bill says it is appropriate that serious and, in particular, repeat firearm offenders be punished severely. Bill C-10 does not propose to amend the penalties for all firearm offences contained in the Criminal Code. It targets only serious firearm offences. Gun violence cannot be tolerated. Serious and repeat firearm offenders deserve to be punished in a manner that reflects the degree of condemnation our society considers appropriate for this kind of illegal and violent conduct.
Tougher mandatory minimum penalties not only serve to seriously denounce unlawful conduct; they also ensure that serious offenders are put behind bars for a long period of time. Longer sentences mean that violent offenders are prevented from continuing to harm our society and to injure innocent men, women and children with guns.
The separation of violent offenders from society is an important sentencing goal. The government is responsible, with other levels of government, for ensuring greater public safety and strengthening the criminal justice system. This law is our way of doing just that.
Police agencies in urban areas across Canada are noticing a recent escalation in certain types of firearm violence. These include drug trade and turf wars, gang related homicides, and an increasing proportion of firearm homicides being committed with handguns. The fact is that this proportion went from 27% in 1974 to 65% in 2004. Sixty-five per cent of homicides in Canada now are being committed with these handguns. Police are also noticing an increase in handgun robberies in some cities and in illegal handgun possession by gang members. All of these are targeted by Bill C-10.
The mandatory minimum penalties proposed by Bill C-10 have been carefully tailored to ensure that only those convicted of serious firearms offences or those who have a history of firearms offences are punished more severely. Furthermore, the specific aggravating factors of having used a handgun or other restricted or prohibited firearm, or of having committed the offence for the benefit of a criminal organization, are designed to ensure that the higher minimum penalties are appropriately targeted at the current problem with guns and gangs.
This bill is targeted at criminal gangs. Whether or not they are paying attention and will think twice before committing a serious crime with a firearm remains to be seen, but nonetheless we are going to send that message. It is appropriate for the government to send a clear message to deter those who would use a firearm to commit a crime. This bill does that. It sends a clear message.
Moreover, it is important to note that these minimum penalties are not being proposed as the only solution to the problem, as some in the opposition have suggested. The existence of minimum penalties alone is not enough to effectively deter offenders. Measures to help prevent crime before it happens are also needed in order to deter would-be firearm offenders.
The government has also announced that it will dedicate $20 million specifically to programs that help keep young people away from guns, gangs and drugs.
Furthermore, in order to ensure the effectiveness of deterrent measures in legislation, the government will also invest in law enforcement to increase the police presence on the street. This also was addressed in the budget. The government has committed to putting more police on Canada's streets to tackle our gun crime, gun smuggling and drug trafficking problems.
It is this combination of strategic preventive measures, targeted law enforcement and tough punitive responses that will have the greatest impact on these crimes.
Canadians have told us that they want us to get tough on crime and we have listened. Guns and gangs remain a public safety threat. This bill addresses that threat. Criminals are going to be held accountable. Sentences will match the severity of the crime. Violent and repeat firearm offenders will be off the streets so that they will be unable to reoffend. While these mandatory minimum sentences are indeed tough, they are founded on several of the key existing sentencing principles.
In conclusion, this bill seeks to ensure that effective and appropriate justice is administered to criminals and that all Canadians are protected from all manner of criminal threats, in particular from threats posed by gangs and the use of firearms. Implementation of this bill ensures that Canada's criminal justice system will be one in which Canadians can have trust and confidence.