Mr. Speaker, I am, quite frankly, embarrassed about that award, in part because I think I am now expected to live up to it for the rest of the year until we have another one next year and someone else will take over responsibility for that.
I have two answers for my colleague from Hamilton. I practised law for 27 years and I practised a fair amount of criminal law at the start of my career, a lot of matrimonial law in the middle part and then personal injury law. Throughout my career I had clients who were charged and convicted so they were criminals. I had a lot of clients as well who were victims of crime, many clients who were victims of spousal and parental abuse. In my personal injury practice I had a number of clients who were assaulted or in other ways and suffered as victims of criminal conduct.
Throughout my entire career I can honestly say that I never had anyone say to me, “I am really happy this person is going to get 10 or 20 years in jail, if the alternative was that I wasn't a victim at all”. I never had a victim say to me, “I'm really more concerned about the penalty this person is going to suffer than I am about the impact it's had on me and my desire never to have been victimized”.
That thinking by victims of crime should give us some guidance.
With regard to the specific provisions of the reverse onus, there is another part of the bill that has a very good part. It is actually about 95% of the bill that we support. There are provisions for recognizance changes. We have needed those since I was practising criminal law back in the mid-seventies. We finally got around to doing it. It gives judges greater authority to control people when they are not incarcerated in an institution and it provides for significant additional protection to society. Therefore, that part of it is good and I think the member should feel comfortable in supporting the bill for that.
Ultimately, yes, on the reverse onus we will need to rely on the courts to strike it down.