Mr. Speaker, I am pleased to speak today to Bill C-384, An Act to amend the Criminal Code (mischief against educational or other institution), that was introduced by the member for Châteauguay—Saint-Constant.
At the outset I would like to tell the House that I wholeheartedly support the purpose of this bill and the reasons obviously that would have motivated the member for introducing such important legislation. I believe the great majority of Canadians welcome people who come from different countries, different cultures, different races and different religions. I know that we as Canadians also believe that those who arrive in Canada with different backgrounds enrich Canadian life and our culture.
Unfortunately, there is also a small minority of Canadians who do not welcome these newcomers and even oppose their presence in Canada and sometimes do so in a violent manner. The opposition to a group's presence in Canada could be expressed by writing offensive words, or perhaps damaging buildings where members from these groups are likely to go either to meet or receive services.
Damaging a building is indeed a criminal act already. It is an act that is covered by the offence of mischief which is found in subsection 430(1) of our current Criminal Code. The sentence for those found guilty of mischief under the current law varies with the mode of prosecution, that is, whether the offence is prosecuted by summary conviction or by the process of indictment.
The sentence of mischief prosecuted by indictment also varies depending on the value of property against which the mischief has been committed. Mischief is prohibited in all cases, however, regardless of the motivation. However, what is important is that when an offence of mischief is motivated by bias, prejudice, hatred based on race, colour, national or ethnic origin, language, religion, sexual orientation or any other factor, the motivation becomes an aggravating factor for sentencing purposes.
If the acts covered by Bill C-384 are already covered by the current provisions of the Criminal Code then one would somehow question why we would want to create a new offence. I have that answer.
I believe that two purposes would be served by enacting Bill C-384. First, the creation of a specific offence will draw attention to the actions that the offence prohibits. It will state clearly that the violent expression of hatred against a minority group is a criminal offence with all of the consequences for those who are found guilty. Second, the bill will increase the penalty for the offence. We know that in most cases mischief is prosecuted by way of summary conviction. Under the current law a person convicted of mischief against one of the buildings listed in Bill C-384, for example, when prosecuted by summary conviction is currently only subject to a maximum penalty of 6 months. Bill C-384 would increase this penalty up to 18 months.
Under the current law, if the Crown wants to request a penalty of more than 6 months, it must proceed by way of indictment. Bill C-384 will allow the Crown to request a penalty of up to 18 months without having to resort to the more complex procedure of indictment. Bill C-384 also has a practical effect when the offence is prosecuted by indictment.
The current law provides for a higher maximum sentence when the value of the property against which the mischief is committed is over $5,000. Currently, where the value of the property is $5,000 or less, the maximum penalty is only 2 years. It is 10 years when the value of the property is over $5,000.
Bill C-384 would eliminate the distinction based on the value of the property. Hate crimes know no value of property. The higher maximum of 10 years would apply regardless of the value of the property against which the mischief is committed. As a result, the maximum penalty would be increased from 2 years to 10 years for mischief against property of $5,000 or less.
As I indicated earlier, I do support this bill. However, I believe the bill would benefit from some technical improvements. I think it would be beneficial to clarify the language of the bill and ensure that it is consistent with the provisions currently set out in the Criminal Code.
As a member of the justice committee, I look forward to seeing Bill C-384 get to committee where it can benefit from study and technical amendments that may be necessary, but will not affect the scope and purpose of the bill. I believe all members of this House will want to work together toward the improvement of this bill which has support from all parties in this House.