Mr. Speaker, I am pleased to support Bill C-217, which was introduced in the House by the hon. member for Dufferin—Caledon on June 15 of this year. When the hon. member introduced the bill, he said that he did so in an effort to add significant penalties for anyone convicted of mischief against a war memorial, cenotaph, or other structure intended to honour or remember those who had died as a result of war.
Anyone who intentionally damages or defiles a war memorial should face severe consequences. Respect for those who have given the ultimate sacrifice so that we may live in peace is the responsibility of every Canadian. We owe it to our men and women in uniform to protect these revered memorials. I suspect that many Canadians would share these sentiments.
While some Canadians may question why Parliament should create this new Criminal Code offence when the code already contains similar provisions dealing with mischief against property generally, I commend the hon. member's effort to create a new offence specifically relating to war memorials and cenotaphs.
Through my remarks today, I intend to explain why the creation of the new criminal offence that distinguishes war memorials and similar structures from other property is justified and should be supported by all members of the House.
War memorials have an especially important place in Canadian society. Their desecration disrespects the memory of Canadians who gave the ultimate sacrifice for freedom and disrespects Canadians who continue to serve our country today.
As members may know, the National War Memorial here in Ottawa was unveiled in 1939 by King George VI on the eve of the second world war to symbolize the response of Canadians in the first world war that ended on November 11, 1918. Of course, it has since come to commemorate the sacrifice of all Canadians who have served in times of war.
Under the Criminal Code, a person commits mischief who: wilfully destroys or damages property; renders property dangerous, useless, inoperable, or ineffective; obstructs, interrupts, or interferes with the lawful use, enjoyment or operation of property; or obstructs, interrupts, or interferes with any person in the lawful use, enjoyment, or operation of property.
Where a property that is the object of the mischief has a value greater than $5,000, the Criminal Code provides that where the Crown proceeds by indictment, the maximum penalty is 10 years imprisonment, and where the Crown elects to proceed by way of summary conviction, the maximum penalty is six months imprisonment. There is no mandatory minimum penalty for mischief.
Bill C-217 proposes the creation of a new hybrid Criminal Code offence of mischief committed in relation to property that is a building, structure, or part thereof, that primarily serves as a monument to honour persons who were killed or died as a consequence of war, including a war memorial or a cenotaph. The bill further proposes that this new offence would be punishable by a maximum of 18 months imprisonment on summary conviction and five years imprisonment when prosecuted by indictment.
Members will note that the bill also proposes the creation of mandatory minimum penalties. There would be a $1,000 fine for a first offence that would be the same whether the Crown proceeds by indictment or by way of summary conviction. I think this perhaps addresses some of the concerns that we have heard from the opposition.
This $1,000 minimum offence in real terms would be about 100 hours of work at the current minimum wage in Ontario. I do not think it is unreasonable if someone has desecrated a war memorial to ask them to go and work for 100 hours in as much as we do ask them to go out and provide volunteer community services. In addition to that, if a judge wanted to ask the perpetrator to go out and speak to Legions, I think that would be eminently reasonable.
What we are debating today, and which I fully support, is the fact that we would separately and uniquely honour our war memorials and cenotaphs.
On a second offence, there would be a minimum of 14 days of imprisonment and 30 days imprisonment for a third or subsequent offence. These mandatory minimum penalties are similar to some that already exist in the Criminal Code.
For example, section 255 of the Criminal Code also provides for mandatory minimum penalties that would be the same whether the Crown proceeds by indictment or by way of summary conviction. Under that provision the offender is liable to a $1,000 fine for a first offence, 30 days imprisonment for a second offence, and 120 days imprisonment for a third and subsequent offence.
In preparing for today's debate, I had a quick look at some incidents that could come within the scope of this new legislation. Members will be aware that there have been a number of high-profile incidents involving the desecration of monuments and war memorials in the recent past. While these incidents are relatively rare, they have nevertheless been very disturbing to Canadians.
A war memorial in Coniston, Ontario, has been the target of vandals a number of times over the years. The memorial originally consisted of five walls. There was a wall for the navy, one for the merchant navy, one for the army, one for the air force and one for the RCMP. At one point the monument had 11 flagpoles; only six remain now, and these too have been vandalized. The tops have been broken off and the flags have been stolen. Vandals also tore plaques off the central wall and knocked down the navy's wall. Two plane propellors that stand guard by the air force wall of the memorial had previously been spray painted.
At one point the Legion had a helmet and a gun from the world wars in a shatterproof glass display case at the memorial, yet vandals damaged the case so badly that the items had to be given away to another legion that could safely display them. A stainless steel sword dating back to the 1940s had also been stolen from a nearby cenotaph.
As a result of the most recent incident, the monument now needs to be completely replaced because of the amount of destruction, and I understand that the Legion is not going to repair it.
We must remember that our cenotaphs and monuments are powerful reminders of the sacrifices that generations of Canadians have made for the peace and freedom we enjoy today. I am proud to be a part of a government that understands that cenotaphs and monuments are important gathering places within our communities. As Canadians, we have a duty as a nation to preserve them in honour of our fallen men and women. Our veterans and those who continue to serve Canada today deserve nothing less.
This legislation underscores the importance of monuments and memorials to Canadians as symbols that remind us of our most important values: democracy, freedom and tolerance. I would invite all members of the House to support this important legislation, especially as we approach Remembrance Day.