Mr. Speaker, I am pleased to rise in support, in principle, of Bill C-217, which is an act to amend the Criminal Code, particularly with respect to mischief relating to war memorials, which was introduced by the member for Dufferin—Caledon on June 15.
The bill would effectively create a new crime, where a person commits mischief in relation to war memorials and similar monuments honouring those who died during the war, by introducing a new paragraph to section 430 of the Criminal Code.
As the member for Dufferin—Caledon put it, this debate takes place at an appropriate moment of remembrance. It takes place on the eve of our commemoration of Remembrance Day, where we remember those who are no longer with us; where we remember those who, as the member for Sackville—Eastern Shore put it in this House, gave the greatest gift of all, the gift of life, so that we may live and so that we may enjoy our liberty; where we pay tribute to the veterans among us, and their families, who reflect and represent the sacrifice of those who are no longer with us, and we honour them; and where we pay tribute to our men and women in uniform across this world who are protecting our fundamental rights, who are safeguarding our democracy, who are protecting our human security or, indeed, who are protecting our international peace and security.
In effect, in 2005, when I was minister of justice and attorney general, I, at that point, developed a national justice initiative with respect to combatting hatred and racism which spoke with respect to the danger of this kind of assault on our war memorials, of those kinds of hate crimes that end up being an assault on the inherent dignity of every human being, and an assault on our equal dignity and, indeed, on our character as a multicultural society.
Section 430 of the Criminal Code currently outlines the definition of mischief and associated penalties. The section also includes specific provisions for mischief relating to data, religious and cultural property, and their associated penalties.
Bill C-217 would add another specific provision; this one for mischief, as I said, related to war memorials. It would also outline possible sentences for a person convicted of such a crime and it would create, as well, mandatory minimum sentences.
It is important to recall that the member for Ottawa South, at the time, in 2006, first proposed that the newly-elected Conservative government pass a law to make damage done to war memorials a specific offence. This push to protect monuments came in the wake of an incident on Canada Day in 2006, in which a man and two youths were observed urinating on Canada's National War Memorial in Ottawa. The man involved in the incident has since had his mischief charged dropped after partaking in voluntary community service.
I mention this because it would seem to me that the appropriate response with respect to that kind of vandalism is not to institute a mandatory minimum but to respond by way of community work, by way of education, by way of having to meet with veterans and confronting exactly the nature of the outrage that was committed and thereby learning from that. That would be a more appropriate remedy than introducing a mandatory minimum.
Since the member for Ottawa South introduced his proposal, there were other incidents involving monument vandalism, including an incident of a cross being torn from the cenotaph at a Royal Canadian Legion in Bell Ewart. At the time, in 2006, the then justice minister was not yet prepared to accept the proposal of the member for Ottawa South.
That leads us to where we are today with a related initiative to the recent passing of Bill C-442, An Act to establish a National Holocaust Monument, a monument which is intended for us to recall and remember horrors too terrible to be believed but not too terrible to have happened.
The importance, therefore, of protecting war memorials and the dignity of the individuals they represent and the values of freedom, democracy and human rights are omnipresent in this regard.
I support the need for an initiative to have a specific law protective of war memorials to express the condemnation of society of those who deface those monuments and memorials that are dedicated to our veterans, to our soldiers, and to the victims of mass atrocities, both domestic and international. But I caution as to the use of a mandatory minimum with respect to a remedial approach regarding this offence.
I support the bill in principle. I trust that the member for Dufferin—Caledon may perhaps be open to amending the bill with respect to removing the mandatory minimum, whereby we proceed in terms of alternative forms of punishment. I trust that a further discussion of the bill could lead us in the direction of where we could support the principle, certainly, which is very compelling.
I commend the member for introducing this private member's bill, but that we tailor the remedy with respect to the offence to the individual and do so in a manner that we can achieve an outcome that may be more appropriate in that regard while still achieving the objective which we seek.
Again, may I close by saying it is an appropriate initiative on the eve of Remembrance Day.