House of Commons Hansard #96 of the 40th Parliament, 3rd Session. (The original version is on Parliament's site.) The word of the day was sentence.

Topics

Protecting Canadians by Ending Sentence Discounts for Multiple Murders ActGovernment Orders

3:30 p.m.

Liberal

Michael Savage Liberal Dartmouth—Cole Harbour, NS

Mr. Speaker, I acknowledge my colleague's speech on Bill C-48. We are giving this legislation due consideration.

What we are seeing more and more from the government is that everything is politicized. The short title of the bill, which is “protecting Canadians by ending sentence discounts for multiple murders act”, just reeks of politics. Everything is a show, as opposed to actually making a difference for Canadians.

Does the member think it is appropriate to take politics to this level by making the bill a political prop as opposed to strictly something that would improve the lives of Canadians?

Protecting Canadians by Ending Sentence Discounts for Multiple Murders ActGovernment Orders

3:30 p.m.

Conservative

Daniel Petit Conservative Charlesbourg—Haute-Saint-Charles, QC

Mr. Speaker, I would like to thank my colleague for his question.

Through you, I would like to say that all bills starts with politics. When we arrived in 2006, we had an agenda. It was political and clearly stated that we would put the most dangerous criminals in prison.

Terms have been used that could, in some ways, make it seem as though we are biased. I would say that our political agenda is perhaps the most biased, but in victims' favour. That is always our goal when we introduce bills, including this one.

Protecting Canadians by Ending Sentence Discounts for Multiple Murders ActGovernment Orders

3:30 p.m.

NDP

Joe Comartin NDP Windsor—Tecumseh, ON

Mr. Speaker, I was interested in the comments by the parliamentary secretary on the issue of respect for the judicial system, or our justice system generally. I understand his argument on the one side, but maybe it is my exposure to the U.S. system, because I am located geographically in the country looking north to Michigan and the United States and the impact that the media on the U.S. side has on us and the amount of information we get.

We hear about people in the United States being sentenced to 100 years and 200 years. I remember one case in the United States, which may have been early on in my practice, where somebody was sentenced to 600 years consecutive.

Does the parliamentary secretary not feel, considering cases like that, that we could, with this bill, be in danger of bringing into ridicule the justice system if we were to have sentences that exceed any possible life expectancy of any human being on this planet? Does he not see that that could bring into disrepute and disrespect the justice system?

Protecting Canadians by Ending Sentence Discounts for Multiple Murders ActGovernment Orders

3:30 p.m.

Conservative

Daniel Petit Conservative Charlesbourg—Haute-Saint-Charles, QC

Mr. Speaker, I would like to thank my colleague who, like me, is a member of the Standing Committee on Justice and Human Rights. We value the work he does. We have worked together for about four years.

This topic raised questions in our government. However, I would like to say that the authority known as a judge's arbitrary power is left in the judge's hands. The judge must justify, orally or in writing, what he does or does not want to apply. In all cases, the judge will have heard the trial and the testimonies. He will have been able to see if the accused was remorseful. He will have seen the entire file. So it will be up to him to say, orally or in writing, whether the principles of Bill C-48 should be applied or not.

I believe that we have covered my colleague's question about sentences that can be as high as 600 years for one person.

Protecting Canadians by Ending Sentence Discounts for Multiple Murders ActGovernment Orders

3:35 p.m.

NDP

Joe Comartin NDP Windsor—Tecumseh, ON

Mr. Speaker, I thank my colleague for his answer, which was a good one. I sometimes work with him, and in this instance, my party will be supporting the bill at this stage. Indeed, it is important for our country that the committee have an opportunity to hear testimonies with respect to this bill.

Let us now look at the situation where an individual is found guilty of two or three murders. The Parliamentary Secretary to the Minister of Justice knows that when someone receives a life sentence, it is really a life sentence. As a lawyer, could he address that matter? How can a sentence lasting the entire life of an individual be imposed more than once? As a lawyer, can he tell us how that works? That is my question.

Protecting Canadians by Ending Sentence Discounts for Multiple Murders ActGovernment Orders

3:35 p.m.

Conservative

Daniel Petit Conservative Charlesbourg—Haute-Saint-Charles, QC

Mr. Speaker, I want to thank the hon. member. Indeed, a person convicted of first degree murder, or premeditated murder, is sentenced to 25 years with eligibility for parole after 10 or 15 years. It is up to the judge. Take for example someone who commits three first degree murders and shows no remorse. Currently that person would not receive a sentence any longer than 25 years. The only difference is that instead of being released on parole after 10 or 15 years, they will not be released for 25 years. Nonetheless, their sentence is no longer than 25 years. Whether they killed 10 people or 50, the sentence is still 25 years.

When a judge sees that an individual is truly unworthy of living among us, we would like for him to declare and justify, because he always has to justify things orally or in writing, the fact that he is handing down a 25-year sentence. What is more, he will have the right to increase, not consecutively but in some other way, the number of years the individual will have to stay in prison before being released on parole. This may not happen in the person's lifetime, but let us not forget that the murderer took another person's life.

Protecting Canadians by Ending Sentence Discounts for Multiple Murders ActGovernment Orders

3:35 p.m.

NDP

Joe Comartin NDP Windsor—Tecumseh, ON

Mr. Speaker, my colleague is doing a good job of answering my questions, but I want to challenge him with this one.

We just had evidence before the justice committee, the week before the break week, that 25 years, minimum, is how long one has to spend in custody, except for the faint hope clause, which the government is trying to get rid of.

Just so that we are clear, when the Minister of Justice was in front of the committee, he made it clear that if this bill goes through and judges do assign two life sentences, the minimum amount of time spent in custody before people will be able to apply to get out will be 50 years. It will be 25 years plus 25 years.

Right now, the average time for a first degree murder conviction, multiple or not, is 25 years. The minimum time people spend in custody for first degree murder convictions is 25 years.

I would ask the member this. Is the government really serious, with absolutely no reservations, if the judge uses his discretion, about wanting people to spend 50 years in custody? Are we really accomplishing anything?

Protecting Canadians by Ending Sentence Discounts for Multiple Murders ActGovernment Orders

3:35 p.m.

Conservative

Daniel Petit Conservative Charlesbourg—Haute-Saint-Charles, QC

Mr. Speaker, that is indeed a question that remains.

When an individual has committed two first degree murders, at present, he or she will receive only one 25-year sentence for both murders. If he or she commits three, even if they are premeditated, the same sentence applies: 25 years.

When someone commits second degree murder, early release is possible. Depending on the circumstances, the judge can say that the individual is eligible for parole after 10 or 15 years. What we must bear in mind is that it is up to the judge. He or she is master of the facts and master of the law.

It is possible to have a first degree murder and a second degree murder, what is known as collateral damage. In such cases, the judge can order a 25-year sentence for the first murder, but after that could allow a request for parole 10 years later. So in reality, the individual would serve 35 years. In the past, it was only 25 years—no more, no less.

Protecting Canadians by Ending Sentence Discounts for Multiple Murders ActGovernment Orders

3:40 p.m.

Liberal

Marlene Jennings Liberal Notre-Dame-de-Grâce—Lachine, QC

Mr. Speaker, this is the first time I have risen in regard to Bill C-48, a government bill on the parole inadmissibility period of offenders convicted of first-degree murder and sentenced to life in prison with no possibility of parole for 25 years.

This bill would change the current parole inadmissibility system so that judges can sentence offenders convicted of multiple murders to consecutive rather than concurrent life sentences.

This government took power on January 23, 2006, and it is now November 15, 2010. We are therefore almost in the fifth year of its term. I really wonder now whether this government is serious when it comes to criminal justice, whether it is serious when it says it stands up for the victims of crime, whether it really is a party of law and order, a party that wants to protect Canadians and ensure public safety. Looking at just this bill—although it is virtually the same as nearly all the other criminal justice bills the government has introduced—I can only conclude that the government is playing political games with crime victims and with the lives and safety of Canadians.

The government originally introduced this bill in the previous session. Instead of immediately suggesting we go to second reading so that there could be a debate and vote at that stage, the government left the bill lingering on the order paper for 64 days. On the 64th day, instead of suggesting a debate at second reading, the Prime Minister went instead to see the Governor General to ask her to prorogue Parliament, knowing full well that he would thereby kill all his own bills. So the bill was killed by the Conservative Prime Minister when he prorogued Parliament.

Giving him the benefit of the doubt, one might say he did not realize he would be killing this bill. One might think that as soon as Parliament resumed after the throne speech, the first gesture of the Minister of Justice and Attorney General of Canada would be to rise at the first available opportunity under the Standing Orders, reintroduce the bill, and suggest going immediately to second reading.

Do the people listening to this debate have any idea how many days the Conservative government took after the resumption of Parliament and the Speech from the Throne to reintroduce its own bill? It took 216 days. This party likes to pat itself on the back and say it is the only one that speaks up for victims, the only party interested in law and order in Canada.

In actual fact, it is the party that plays political games with the safety of Canadians, our fellow citizens. It is disgraceful that we have had to wait 216 days for the Conservatives to reintroduce their bill. Not a thing has changed. All that has changed is the number of the bill, and the government has no say on that. All the government had to do was reintroduce its own bill, but it waited 216 days to do it.

We Liberals do not play political games with people's lives, and so far as I can see, the other opposition parties also do not. We Liberals want serious time for people who commit serious crimes, murder for example, with limited eligibility for parole. However, we are not sure that sending people to prison for 50 years without any possibility of parole is a good way to rehabilitate them and ensure that Canadians are protected. That is the first thing.

If we look at the actual facts, people convicted of multiple murders generally are not granted parole as soon as they become eligible. This bill addresses a relatively minor concern, therefore, and would affect relatively few people.

For this reason, we Liberals are prepared to vote for the bill to send it to committee, without being able to say whether we will support its purpose. We want to know what statistics and data the justice department has on the number of cases to which the bill would apply. We also want to know who would be primarily affected if it passes. We also want to know how many offenders have received parole after committing more than one first degree murder and receiving a life sentence without any possibility of parole for 25 years. If they did get parole, how many years did they serve first? That is the information we want to have.

We think it is contrary to the principle of rehabilitation to completely eliminate any possibility of parole in sentences that could reach more than 50 years. That being said, though, we are keeping an open mind. We want to hear the witnesses, the minister himself, the experts in the justice department and at the Correctional Service of Canada, and the Union of Canadian Correctional Officers, which represents the people who work day after day, 24 hours out of every 24, with offenders convicted of first degree murder and sentenced to life in jail, to find out whether they think this bill is going in the right direction.

As I said, we want to study it in committee to see whether it really responds to an urgent public safety concern.

As has already been mentioned here in terms of what is the current law, today a conviction for first degree murder carries with it a parole ineligibility of 25 years. The individual found guilty of first degree murder is sentenced to life imprisonment with a possibility of parole after having served 25 years.

Someone today who is found guilty of second degree murder is sentenced to life imprisonment with a possibility of parole after serving 10 years and no more than 25 years. That does not mean that the individual gets parole but that he or she can go before the National Parole Board and seek parole. As of now, the sentencing judge has the discretion to determine the precise length of ineligibility for parole in the case of second degree murder.

Under the current system, individuals convicted of multiple murders serve their life sentences concurrently and are therefore subject to only one 25-year parole ineligibility period. Bill C-48 would tack on further parole ineligibility periods. It would amend the system so that judges would have the discretion, and that is important to repeat, judges would have the discretion to ensure that parole ineligibility periods run consecutively. The judges would make the decisions, and the judges in making that decision, whether to apply a second parole ineligibility period to run consecutively or not to do so, would be obliged to provide reasons for their decision.

In the current law, the only exception to the single parole ineligibility period rule occurs when a convicted murder commits another murder while in prison.

That is very interesting, if our criminal justice system has already been adjusted to ensure that if an individual has already been convicted of first degree murder or second degree murder and therefore is already under a parole ineligibility, and that individual while serving the sentence in prison commits another murder, is found guilty of another murder, the parole ineligibility of that individual for the new sentence will run consecutively.

If that already exists in our current law, there is justification to look at the possibility that Parliament and society may wish to extend that current practice to other cases. However, as I said, we wish to see if this is a real problem and if it will ensure better safety for Canadians. That is why Liberals will support sending this bill to committee.

In terms of stakeholders, we have already heard from defence lawyers who point out that very few serial killers, if any, are actually released after serving 25 years of their sentence. According to them, this bill is window dressing for a problem that really does not exist.

The Correctional Service of Canada and Statistics Canada, who provide the legal or criminal statistics, are the ones who will be able to tell us whether these defence lawyers are right, whether there have been or have never been serial killers released after 25 years, and if there have been cases, what were the circumstances of the case.

As well, anyone who has been declared by a judge a dangerous offender is held in custody indeterminately. Normally, if we are talking about a serial murderer, a multiple murderer, someone who has killed more than one person and is accused of more than one first degree murder charge or even second degree murder charge, one would hope that the prosecution would have looked at all of the circumstances to determine whether it would be appropriate to apply for a dangerous offender designation.

What is quite interesting is that prior to the 2008 election and shortly afterwards, the government had actually brought in legislation to amend the dangerous offender system under our Criminal Code, and with all the hoopla that the government built around it, it was still not mandatory for the prosecution to seek dangerous offender designation in certain cases.

I actually brought forth amendments to make it mandatory and the government did not support it. Go figure. It would have ensured that our prosecution, in specific cases, would have had no choice but to apply for dangerous offender designation, and the government and the members who were sitting on the justice committee at the time did not support those amendments.

Someone who has been declared a dangerous offender by the courts will never see the light of day. So, in a way, this bill may be a bit of smoke and mirrors.

According to testimony from justice department officials before committee just last month when we were looking at the bill regarding the faint hope clause, which is a whole other issue, the average amount of time that someone spends in prison on being convicted for murder in Canada is approximately 28 years. So even under our current system where someone convicted of first degree murder is sentenced to life imprisonment with no possibility of parole before 25 years, the actual facts are that, on average, those first degree murder offenders will spend 28 years before they actually get parole. When one looks at the average in other developed countries, they spend 15 years.

If any of the government members wish to disagree with me, I would urge them to go back and read the transcripts of the Standing Committee on Justice hearings, the witnesses from the Department of Justice on the faint hope clause legislation. They are the ones who provided these statistics.

The Liberals will be supporting sending this bill to committee because we believe the issues need to be further studied. We want to hear from the experts. We want to hear the actual facts, because facts and figures are important to us. We believe solid government policy, social policy and criminal justice policy should be based on facts and statistics, scientific facts or facts that have been established in a scientific manner.

We know sometimes it is inconvenient for the government and therefore it throws facts by the wayside, but we as Liberals believe it is important if we want sound, effective social policy, particularly in the area of criminal justice. Therefore, we have no objection to studying this issue further, and again, it makes me wonder why it took the government 216 days after prorogation to reintroduce this bill.

There is another point that I wish to touch on. The parliamentary secretary to the minister talked about how his government was really concerned about victims and that is why it is bringing forth this bill and that is why the issue of criminal justice is a priority, along with the economy, for the government. I find that interesting.

I find it interesting that the government's words with regard to criminal justice do not seem to support its actions.

The crime rate is dropping. Government wants to spend billions of dollars on ineffective megaprisons. In the last full year of a Liberal government, the National Crime Prevention Centre supported 509 crime prevention projects in 261 communities, for a total of $57 million.

Under the Conservatives, we now have 285 fewer projects being funded and the actual spending on crime prevention has been slashed to just $19 million. I would ask government members, the Minister of Justice and the Minister of Public Safety, if the issue of public safety for Canadians is so important, why have they slashed funding to crime prevention and support for our victims? Why?

Protecting Canadians by Ending Sentence Discounts for Multiple Murders ActGovernment Orders

4 p.m.

NDP

Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, the member explained rather well that at the end of the day this really is about the Conservative government's public relations campaign on crime.

We saw the same bills introduced five years ago when the Conservatives became the government. They passed a fixed election date law and then turned around in short order and called an election in 2008, thereby eliminating all of their bills before getting them passed. They prorogued the House shortly thereafter and killed all the bills again. A year later, they prorogued the House a second time and killed the bills yet again.

The question is, why are the press and the people in this country not holding the government to account for what is essentially gross incompetence in the presentation of these bills? I would like the member to comment further on that and then I will ask another question.

Protecting Canadians by Ending Sentence Discounts for Multiple Murders ActGovernment Orders

4 p.m.

Liberal

Marlene Jennings Liberal Notre-Dame-de-Grâce—Lachine, QC

Mr. Speaker, the member is quite correct that this is a government that talks big and loud and beats its chest on how it is the party of law and order, that it is the only party interested in protecting Canadians from criminals and helping victims of crime and it is the only party that actually supports law enforcement. It is also the party that campaigned and in a throne speech committed to 2,500 new police officers across Canada, which still has not materialized. It is also the party that, in several throne speeches to date, given the prorogations and elections called in violation or disrespect of its own fixed election date legislation, represents Canadians.

The member asked me why that is. I cannot explain it, except that when one looks at the amount of advertising that the government does using taxpayer money in order to, in my view, pull the wool over Canadians' eyes, highly partisan advertising, which is unusual with a government, that may be part of the reason.

Protecting Canadians by Ending Sentence Discounts for Multiple Murders ActGovernment Orders

4 p.m.

Liberal

Keith Martin Liberal Esquimalt—Juan de Fuca, BC

Mr. Speaker, I thank my colleague for her speech and tireless work in this area.

We know that in criminality in our country, particularly serious crimes, drugs play a huge role, particularly drugs connected to organized crime. Portugal has just done a very interesting experiment in which it liberalized drug laws. What it found is that there was a significant decline in drug use, criminality, cost and incarceration.

I would ask my colleague, does she not think that what the government ought to be doing is putting an initiative together to change our drug laws in Canada, one that is results based, like the work that is being done at St. Paul's Hospital by Dr. Julio Montaner and others, and focus on implementing policies that would be far less expensive and would save lives? The connection between organized crime gangs and the moneys they receive from illegal drugs is a contributor to the kinds of murders that we have seen in Canada and in other countries such as Mexico.

Protecting Canadians by Ending Sentence Discounts for Multiple Murders ActGovernment Orders

4 p.m.

Liberal

Marlene Jennings Liberal Notre-Dame-de-Grâce—Lachine, QC

Mr. Speaker, I am so pleased to be asked that question because I believe that part of the current government's policy is very shortsighted and wrong.

There are studies that have been done in Canada and in other countries that definitely show that if government puts resources into appropriate social policy, when it comes to the issues of drug use and drug trafficking, we are going to be helping people get off drugs. It means supporting projects like Insite in Vancouver rather than fighting in the courts to try to shut it down. It means putting more resources in communities to deal with these issues. It means drug rehabilitation programs and detox programs being more available not just in urban centres but in rural and remote communities as well.

We need to establish drug courts so that there is a team in the judicial system that is expert in dealing with people who have drug problems, who are not big time traffickers but have become hooked on drugs and need help to get off them.

Yes, I think Canada should be looking at progressive examples that are effective and actually work like what is happening in Portugal and in other jurisdictions, including some jurisdictions in the United States.

Protecting Canadians by Ending Sentence Discounts for Multiple Murders ActGovernment Orders

4:05 p.m.

NDP

Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, the government is suggesting that it wants to reinstill a new respect for law and order in Canada by toughening up the crime laws. However, as the member for Windsor—Tecumseh said when he broached this issue, in the United States there are examples of judges handing down sentences of 100 years, 200 years and 600 years.

The question I have for the member is this. Does that not in some way present a case for disrespect for the system? The public recognizes that people are not going to live that long. People can be sentenced to 600 years, but no one is going to live to serve those 600 years.

Therefore, if they are trying to find a new-found respect for the system, this may backfire on them. I do not think many American citizens respect a system that gives out sentences that are totally unrealistic to the lifespan of the people who are supposed to be serving these sentences. Does the member agree?

Protecting Canadians by Ending Sentence Discounts for Multiple Murders ActGovernment Orders

4:05 p.m.

Liberal

Marlene Jennings Liberal Notre-Dame-de-Grâce—Lachine, QC

Mr. Speaker, my colleague from the NDP has raised an important point and that is the respect Canadians have for our criminal justice system.

One of the problems with our criminal justice system is it has been close to 40 years since there has been a major comprehensive overhaul of the entire criminal justice system with well organized, dedicated consultations with stakeholders, communities, experts, non-experts, people who live in communities where crime may be a real issue, people whose family members have been swept into crime and pulled into the criminal justice system, others who have been victims of crime.

One thing we have to remember is when we go into neighbourhoods where there is a high crime rate, there are families that may have members who were victims of crime and they may also have members who were the perpetrators of the crimes, not necessarily against a family member but within the community. There are families who are grappling with both issues.

This is something the government is not looking at. A comprehensive overhaul and reform of our entire criminal justice system is needed. We have to bring it into the third millennium. We cannot do so piecemeal because when it is done piecemeal, we are increasing the chances of commiting errors, resulting in unintended consequences one piece of the system may not work well with another piece. If we do a comprehensive overhaul, we are going to be looking at everything. The member raised a serious question. It is the kind of issue I would like the House to debate rather than piecemeal legislation, which is what we are getting from the government, unfortunately.

Protecting Canadians by Ending Sentence Discounts for Multiple Murders ActGovernment Orders

4:10 p.m.

Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

Mr. Speaker, I too am pleased to take part in the debate on Bill C-48, which concerns the possibility of imposing consecutive parole ineligibility periods in multiple murder cases. My colleague from Abitibi—Témiscamingue was supposed to be speaking, but he has gone back to committee and will return a little later, so we will not miss any of his eloquent words.

When Bill C-22 was introduced, I may have inadvertently misled the House. That is not a serious offence and I will not have to apologize to the entire House. I said that my colleague from Abitibi—Témiscamingue was the Bloc justice critic. He sits on the Standing Committee on Justice and Human Rights, but he is not the justice critic. My colleague from Marc-Aurèle-Fortin is the justice critic. I just wanted to clarify what I said.

Protecting Canadians by Ending Sentence Discounts for Multiple Murders ActGovernment Orders

4:10 p.m.

Massimo Pacetti

Thank you.

Protecting Canadians by Ending Sentence Discounts for Multiple Murders ActGovernment Orders

4:10 p.m.

Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

I see that some colleagues are satisfied with my apology. In any event, the member for Abitibi—Témiscamingue is well equipped to handle this. In his former life, he was a criminal lawyer. He is very familiar with these matters, and we will have an opportunity to hear him a little later.

Allow me to review this bill briefly. The Bloc Québécois supports the bill in principle. Certainly we will hear everyone in committee who is interested in debating it. It is, however, another recycled bill. We know that it died on the order paper when it was called Bill C-54. This is a problem with the Conservatives. They introduce a series of bills dealing with crime and they boast of their crime-fighting prowess. But they are the authors of their own misfortune. They prorogue Parliament and trigger elections, killing their own bills on the order paper. Then they have to introduce them again.

I am sure that my colleague from Notre-Dame-de-Grâce—Lachine will not mind if I reiterate the statistics she gave a moment ago. She said, and quite rightly, that the government is always blaming the opposition for the fact that justice bills do not progress fast enough for them. She calculated that after Parliament resumed, 216 days went by before the government brought Bill C-48 back to the floor. This is the kind of bill that will not encounter tremendous opposition and will make the cut because most parties support it. This is another example of the government itself causing its own problems and causing delays in introducing bills and, most importantly, in bringing them into force.

The new provisions of Bill C-48 would allow judges to impose consecutive periods of parole ineligibility on persons convicted of multiple first or second degree murders. In contrast, under the present rules, individuals convicted of multiple murders are sentenced to concurrent parole ineligibility periods.

With this new bill, however, judges will not be required to impose consecutive periods; rather, they will have to make their decisions based on the character of the offender, the nature and circumstances of the offences, and the recommendation, if any, made by the jury. Judges will also be required to state, either orally or in writing, the reasons why they did not impose consecutive periods. We think that it might be added, as an amendment or otherwise, that judges should state reasons for every decision they make with respect to imposing consecutive ineligibility periods or not.

For transparency’s sake, judges should have to explain exactly why they make their parole ineligibility decisions, both to the person who is convicted and accused and to the victims of that person’s crimes and the general public. I am sure that everyone would benefit.

One important aspect of this bill is that it does not tie judges’ hands. They will still be at liberty to examine all the ins and outs of a case, determine exactly what happened and find out what the mitigating or aggravating circumstances are, and so make an informed decision. By making its recommendations, the jury will get its own say, since it will have had the opportunity to follow everything that went on during the trial. The jury will also be able to identify mitigating or aggravating circumstances. That will enable it to give the judge an opinion so the judge can make an informed decision about parole for an individual convicted of serious crimes who may even, unfortunately, be a repeat offender.

This is an important aspect of this bill, one with which we agree. What I find unacceptable on the part of the government is the fact that it constantly introduces bills that pay no attention to rehabilitation and express no openness or new ideas when it comes to potential rehabilitation.

We agree entirely that someone who has been convicted of a serious crime must be severely punished, but the Bloc Québécois looks to the example of the Quebec justice system. We know that there are people who can be rehabilitated and we must help them rehabilitate themselves. We want these individuals to serve their sentences. The evidence is that we were the first to call for automatic parole after one-sixth of sentence to be eliminated. Now, that does not mean we do not want people to return to society and become contributing members. What we do not want is for them to get out of prison and then at the earliest opportunity start committing crimes again and cause further serious harm to society.

During the debate on young offenders, the Government of Quebec reported very telling statistics indicating that 85% of young offenders are successfully rehabilitated. That is nothing to scoff at. The government needs to recognize this and acknowledge the importance of giving people who have made mistakes an opportunity to get back on track. We are therefore in favour of the principle of Bill C-48. As I said, the bill gives judges some leeway, which is important in this case.

Bill C-48 would give judges the option of stacking parole ineligibility periods at the time of sentencing in the case of multiple murders. We know that it does not make sense to have two successive life sentences. If an individual is convicted of murder, he will get 25 years in prison. He will be handed a life sentence. Canada is not like the United States, where a person can end up with a 250 or 400 year prison sentence. In any case, that is absurd. I do not know anyone who has lived long enough to serve that kind of a sentence.

Under Bill C-48, judges will at least have the option of stacking parole ineligibility periods. This might occur in the case of a repeat offender who has committed two first degree murders. The judge would be able to decide that the individual will not be eligible for parole after a 25 year period, a decision which is not currently permitted. The judge may decide that parole will be an option only after 50 years. That is a long prison sentence, but depending on the circumstances, and based on all the evidence presented, the judge will be able to ensure that the individual will not get out after 25 years and will serve a much longer sentence.

However, as I said a little earlier, we believe that punishment must not become the judicial system’s sole objective at the expense of social reintegration and rehabilitation. That is what is missing in this bill and in most of the justice bills introduced by the Conservative government.

The Bloc Québécois supports this bill because it will give judges more options when punishing people for their crimes. We are aware that such a measure will not serve as a deterrent, especially in the case of repeat offences which are, in any case, very rare. Now, some may say that one repeat offence is one too many, but I will shortly read out a few statistics to demonstrate that this bill will not be particularly useful to judges since, fortunately, there are not many repeat offenders out there. There are already too many of them though. The fact is that this is not a bill that we will hear that much about.

It is, therefore, an exceptional measure for exceptional cases where the jury will give its opinion and the judge will have the final say. When the minister introduced this bill, he said he would put an end to sentence discounts. What I read in the press regarding these remarks demonstrates that the Minister of Justice himself runs down the justice system when he is in fact supposed to be its greatest advocate. That does not mean that he is not entitled to make improvements to it.

In short, the Minister of Justice has stated that judges always hand down discount sentences and that the situation has to be corrected. This is not true. When one considers the decisions in all these major crimes, it is clear that the sentences are often completely adequate.

However, in many instances people get out too early. Earlier, reference was made to parole after serving one-sixth of a sentence. Judges are not the ones making mistakes. This practice must quite simply come to a stop, and convicted offenders with sentences to serve must serve those sentences. That does not rule out the possibility of parole. That flexibility must obviously be maintained. Rather than speaking of discount sentences, it would be more honest to say that Bill C-48 is going to give one more tool to judges so that individuals who commit extremely serious crimes in very exceptional circumstances will not be entitled to get out after a 25-year period. They will get out later if parole is granted. Some may never get out.

Nor is this bill about victims, just as most of the bills introduced by this government are not. Should prison be seen as the only solution to dealing with crime? I do not think so. Victims and their pain must also be taken into consideration. Now, on the matter of victims, my colleague, the member for Compton—Stanstead has introduced a bill on employment insurance. It calls for employment insurance to be paid to the families of victims of crime over a 50-week period, which will give people a chance to get back on their feet.

Currently, in Quebec, victims of crime have guaranteed employment for a two year period. This means that employers are not permitted to lay off victims because of a family tragedy. These people were victims of a crime and they find returning to work very hard. They have to look after other family members in the aftermath of the tragedy. It is all very well to have guaranteed employment, but everyone knows what happens when a person is without an income. People are forced to go back to work. They are often not in a suitable psychological state to do so. As decision makers and legislators, we have a responsibility to ensure that victims’ families and the victims themselves have access to employment insurance.

Currently, a maximum of 15 weeks’ employment insurance is available with a medical certificate. The bill introduced by my colleague, the member for Compton—Stanstead, would increase the number of weeks to 50. That is a step in the right direction. I would call on all members of the House, and particularly those on the Conservative government side, to support my colleague’s bill. She is also the member for one of my neighbouring ridings, and she sits with me on the Standing Committee on Agriculture and Agri Food. This only makes the bill more important to me. In fact, it is an excellent bill. I would invite everyone to support it.

If we look at the current sentencing system, the Criminal Code is clear:

Every one who commits first degree murder [that is, premeditated murder] or second degree murder is guilty of an indictable offence and shall be sentenced to imprisonment for life.

Only the parole ineligibility period can vary, depending on whether we are talking about first degree or second degree murder. A person convicted of first degree murder cannot apply for parole for at least 25 years.

For second degree murder, the judge must set the time period—a minimum of 10 years and a maximum of 25 years—during which the offender is ineligible for parole. The maximum sentence for manslaughter is life in prison, but there is no minimum sentence, except where a firearm is used—there is a distinction here—and no minimum parole ineligibility period. Those are the rules that apply now.

If we look at the bill and the changes it would make, we see that once in effect, the bill would allow the judge to impose consecutive parole ineligibility periods on individuals convicted of multiple first degree or second degree murders.

So as I said, judges would not be required to impose consecutive periods, but would have to base their decisions on the character of the offender, the nature and circumstances of the offences and any recommendation by the jury. In addition, judges would also be required to state, either orally or in writing, the reasons for any decision not to impose consecutive ineligibility periods.

Earlier, I talked about the Minister of Justice, who said he wanted to make sure serial killers and repeat offenders would pay the appropriate price for what they had done. He said that the purpose of the bill was to put an end to what he calls “sentence discounts” for multiple murderers. I gave my opinion about this moments ago. By acting in this way, the very person who should be standing up for the justice system is doing just the opposite. We do not believe we can really talk about sentence discounts, but it is strange that the sentences for such crimes are systematically served concurrently at present. That is why the measure in this bill strikes us as appropriate and acceptable.

Let us look at the facts. Concerning recidivism, I said a little while ago that I had statistics and this is not the kind of bill where we will hear about a lot of cases and see a lot of grandstanding by judges who would say that a certain offender will not be eligible for parole for 50 or 60 years or more. The statistics show that between January 1975 and March 2006, 19,210 offenders were released into the community on either parole or statutory release, of whom 9,091 had served a sentence for murder and 10,119 for manslaughter. Of these 19,210 offenders, 45 were later convicted of another 96 homicides in Canada. The latter 45 offenders amounted, therefore, to 0.2% of the 19,210 people who were convicted of homicide and released into the community over the last 31 years. So 0.2% of the people convicted of murder unfortunately reoffended and committed murder again. These are the people targeted by Bill C-48 before us today.

Over the same period, police forces in Canada were apprised of more than 18,000 homicides. The offenders convicted of another homicide while on conditional release accounted, therefore, for 0.5% of all the homicides committed in Canada over the last 31 years. It is clear, therefore, that the minister’s safety arguments, if not exactly false, are greatly exaggerated.

In listening to the minister and reading the documents released by the department after the introduction of this bill, we would think there is a multitude of criminals and we must ensure they serve long sentences because they will re-offend, as so many have done. Well no, that is not statistically true, because what the statistics prove is that not many people re-offend. It is very important, therefore, to ensure that people accused and convicted of serious crimes serve lengthy sentences but also have an opportunity to rehabilitate themselves and become active members of society again, rather than continuing lives of crime.

In regard to sentence length, since the last person was executed in Canada back in 1962, the time that offenders convicted of murder serve before receiving full parole has been increasing by leaps and bounds. People given life sentences for murders committed before January 4, 1968 served seven years. People given life sentences for murders committed between January 4, 1968 and January 1, 1974 served 10 years. Since then, the time served has varied between 10 and 25 years, depending on the type of murder.

We are therefore tougher now than we have ever been. This does not mean that we should stop being tough but that the bill should at least give judges a certain amount of latitude. We are in favour of it so long as judges do not have their hands tied. That is the important thing in this bill. I want to repeat my request, therefore, that the government ensure that there is still a possibility for offenders to be rehabilitated, rather than just thinking about punishment.

Protecting Canadians by Ending Sentence Discounts for Multiple Murders ActGovernment Orders

4:30 p.m.

Conservative

The Acting Speaker Conservative Barry Devolin

It is my duty, pursuant to Standing Order 38, to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Random—Burin—St. George's, Lighthouses; the hon. member for Nanaimo—Cowichan, Aboriginal Affairs; the hon. member for Trinity—Spadina, G20 Summit.

Questions and comments. The hon. member for Chambly—Borduas.

Protecting Canadians by Ending Sentence Discounts for Multiple Murders ActGovernment Orders

4:30 p.m.

Bloc

Yves Lessard Bloc Chambly—Borduas, QC

Mr. Speaker, first I wish to commend my colleague from Richmond—Arthabaska on the clarity of his remarks on Bill C-48.

We know that the Conservative government has on its agenda for this Parliament a series of bills dealing with law and order. We do support a number of bills, but evidently, this is clearly excessive, especially considering that most of these bills are ideologically driven.

We, however, want to make sure that the victims of crime are protected. Those who commit violent crimes must be punished, but at the same time support has to be provided to the victims of violent crimes.

The member referred to the bill put forward by our colleague from Compton—Stanstead, near Sherbrooke. Would it be entirely appropriate for the Canadian government to establish a fund for the support of victims of crime? Proceeds of crime could help provide for this fund. As members know, the House has already passed a Bloc Québécois bill designed to reverse the onus, particularly with respect to crimes committed by organized crime. Money from seizures, for instance, could be put into a support fund for the victims of crime. Would the member be in favour of such an approach?

Protecting Canadians by Ending Sentence Discounts for Multiple Murders ActGovernment Orders

4:30 p.m.

Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

Mr. Speaker, I would like to thank my colleague from Chambly—Borduas. That is an excellent suggestion. That is the kind of idea we might expect from a responsible government that treats the justice system as it should be treated. We should be trying to strike a balance by imposing punishment that is fair and severe enough to fit the seriousness of the crimes committed, and by helping the victims of those crimes. I studied law for a year and a half, and I always saw justice represented by scales. Then I changed tack and went into another field, but when I started out in law, I learned that the rights of victims and the assistance we must give them are also part of the balance.

Apart from the slew of bills the government keeps introducing with grandiloquent titles to show the public it is going to crack down and put everybody in prison, it is introducing nothing, zip, zilch, zero, to provide more assistance to victims. For victims, the fact that the people who made them victims are in prison is a good thing, but that does not help them. My colleague’s suggestion is entirely appropriate, and I urge him to continue working on this.

Protecting Canadians by Ending Sentence Discounts for Multiple Murders ActGovernment Orders

4:30 p.m.

NDP

Joe Comartin NDP Windsor—Tecumseh, ON

Mr. Speaker, the title of the bill is another one like those we have seen from the government; it seems to almost demean the issue when it talks about discounts. As one of my colleagues said, it almost feels as if he is at a supermarket when that kind of terminology is used.

I wonder if my colleague from the Bloc would comment about that and tell us what he thinks the families of murder victims would feel when they see that kind of wording used on a bill that is as significant to them as this one is.

Protecting Canadians by Ending Sentence Discounts for Multiple Murders ActGovernment Orders

4:35 p.m.

Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

Mr. Speaker, I thank the NDP member for his question. He was here a little while ago when we were debating Bill C-22, and the opposition criticized the short title chosen for the bill. In reality, the subject matter did not reflect the title chosen by the government, simply because it offered more than people want.

When they do this they mislead the public because the title suggests that the government is introducing a bill about a particular thing that it is going to do and stand up for, but upon reading the title of the bill, no need to read the details, clearly that is not at all the subject matter it deals with.

To answer the member, as I said just now in my speech, the sentence discounts the Minister referred to have nothing to do with the purpose of this bill. In fact, the bill is going to give judges an additional tool to ensure that people do not get parole as quickly as they might want. There will be changes in that regard. What the minister is saying is that, currently, judges in Canada always give sentence discounts. Victims’ families are going to look at this and believe that there will be harsher sentences. But that is not what the bill does. The public must not be misled.

Protecting Canadians by Ending Sentence Discounts for Multiple Murders ActGovernment Orders

4:35 p.m.

NDP

Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, I am pleased to speak to what is now Bill C-48, which was previously Bill C-54. I essentially support the bill, which our critic, the member for Windsor—Tecumseh, has already indicated that our party supports. In fact, all opposition parties support the bill.

It is interesting to note that over the last couple of years the Conservatives have been able to get away with the argument that they are tough on crime and the opposition is not. All opposition parties are in favour of sending this bill to committee but the government has been dragging its feet on this bill and many others.

The Liberal critic pointed out that after proroguing the House on two occasions and calling a needless election in 2008, the government, after coming back in March of this year, took 216 days to reintroduce a bill that all parties had agreed to.

When the public asks which group is tough on crime and which group is not, it would be valid to say that the government is either just plain incompetent or opportunistic in the sense that when the chips are down it will prorogue the House, call an election and do anything but deal with its so-called tough on crime agenda.

We see this as a lot of public relations. I have been reading press articles that the government has out on this bill right now. I just read an article in a Winnipeg newspaper dealing with this issue. The press has been taking the government line in support of this bill and some of the other government bills, but I have yet to see the press in this country write balanced stories about how the government has delayed its own legislation, how it has torched its whole legislative agenda, not once, not twice, but at least three times.

I do not know how many times we will need to repeat it, and I know people are watching the debate and reading the copies of Hansard that we send out, but over time they will understand that the government talks a good line but at the end of the day it is not really big on delivery.

Several of my colleagues have mentioned, not only today but on other days, that after 100 years of having our criminal justice system in place without making any major changes, maybe it is time we did. It has been at least 40 years since a major overhaul of the system has been made. Maybe we should be taking an all- party approach to a major revamp of the system, accounting for best practices in other parts of the world so we do not have this decidedly pro-American approach. I do not have a problem with that approach if we could demonstrate that it actually worked. If we could demonstrate that it worked, then I would say that we should look at that system.

However, we have been following a system that has been proven not to work. Even the Americans themselves are trying to roll back some of the mistakes of the past 20 or 30 years. We would like to work on the basis of a co-operative approach, a best practices approach.

I do not believe the member for Souris--Moose Mountain was around during the two years of a minority government in Manitoba. However, he was a minister for a brief period in the government of Premier Filmon and will attest to the fact that Premier Filmon did get his majority government in 1990. He got it largely because in the two years prior to that, in a minority situation, he actively worked with the opposition parties on any controversial issue, whether it was Meech Lake, bills on smoking in government places bills or numerous other issues. The first thing he would do was call the opposition leaders into his office and set up a committee. He defused controversial political issues right at the beginning. He was able to resolve issues in a favourable way and he benefited by doing that.

That is what the government's approach on the whole issue of crime legislation should be. The government showed some signs of this in dealing with Afghanistan a couple of years ago. It reached out to a former Liberal cabinet minister to come up with a report. It put the government in good stead.

Obviously the government over there is of a different mind than the previous Filmon government in an attempt to get things done. It does not seem to be concerned about results. It is all about public relations, polling and how it can somehow squeeze out a majority in the next election.

In actual fact, Premier Filmon did get his majority and he did it by having a correct and proper approach to a minority government situation.

With regard to the specifics of the bill, as I had indicated it was Bill C-54 and it is now Bill C-48. Once again the government has given it a special name, “protecting Canadians by ending sentence discounts for multiple murders act”. We find this with most of its legislation now.

When it was Bill C-54, it had first reading in the House of Commons on October 28, 2009. The bill would amend the Criminal Code with respect to the parole inadmissibility period for offenders convicted of multiple murders. It would be done by affording judges the opportunity to make the parole ineligibility period for multiple murders consecutive rather than concurrent.

I guess one of the good things about the bill is that it does leave discretion to the judge, which the opposition members have been consistent in supporting in the past. Perhaps the government recognized that by allowing the judge discretion it made it certain that the bill would actually go somewhere in the House.

There are also some amendments to the National Defence Act in this bill. Consecutive parole ineligibility periods for multiple murderers would not be mandatory under the provisions of this bill. Judges would be left with the discretion to consider the character of the offender, the nature and circumstances of the offence and any jury recommendations before deciding upon whether consecutive parole ineligibility periods are appropriate. The bill would require judges to state orally or in writing the basis for any decision not to impose consecutive parole ineligibility periods on multiple murderers.

In terms of the current law, in 1976 the Parliament repealed the death penalty and imposed a mandatory life sentence for the offence of murder. Offenders convicted of first degree murder serve life as a minimum sentence with no eligibility for parole before they have served 25 years. I have statistics, which hopefully I will get to before my time runs out, indicating how Canada compares with other countries and what the real figures are for time served in prison as opposed to the storyline that the Conservatives like to propose, which is that somehow people are put in prison for just a few years and then they are back out on the street again.

For offenders convicted of second degree murder, a mandatory sentence of life imprisonment is also imposed, with the judge setting the parole eligibility at a point between 10 and 25 years. As I had indicated before, we are already talking about life imprisonment. The issue becomes, if someone is already sentenced to life imprisonment, how can the person serve three or four life sentences? this gets into the whole question that people have about the American system where people get sentenced to 200 years and 300 years.

In some ways that throws the system into disrepute as well because people will say that is great. However, whether people receive a sentence of 200 years or 600 years, what does it matter. At the end of the day, we only have one life to live. I have not seen too many 200-year-old people walking around lately. Perhaps the government has some evidence to the contrary.

Those serving a life sentence can only be released from prison if granted parole by the National Parole Board. Unlike most inmates who are serving a sentence of a fixed length, for example, two 10 or 20 year sentences, lifers are not entitled to statutory release. If granted parole, they will, for the rest of their lives, remain subject to the conditions of parole and supervision of a Correctional Service Canada parole officer. Parole could be revoked and offenders returned to prison at any time they violate conditions of parole or commit a new offence.

Not all lifers will be granted parole. Some may never be released on parole because they continue to represent too great a risk to reoffend. We hear about Clifford Olson and other people in prison. These people are not likely to be getting out of prison any time soon and—

Protecting Canadians by Ending Sentence Discounts for Multiple Murders ActGovernment Orders

4:45 p.m.

NDP

Malcolm Allen NDP Welland, ON

Ever.