Mr. Speaker, I am pleased to rise today to speak to Bill C-299. This bill was tabled by my colleague, the member for Kootenay—Columbia. I want to commend him for bringing forward such an important bill to strengthen Canada's legislation on kidnapping. As an RCMP officer for over 20 years, the member has been on the front lines protecting and serving many communities throughout B.C. My son is an RCMP officer. I thank the member for his service to our country.
The member has tabled a bill that I strongly support. Bill C-299 would amend the Criminal Code under subsection 279(1.1) to include a mandatory minimum sentence of five years imprisonment if the kidnapped victim is under 16 years of age. This would be an important amendment as it would recognize the grave implications of kidnapping a minor. I want to recognize that this legislation would focus on stranger abductions, which are abductions by someone other than a parent or legal guardian.
Parents and families are put through devastating emotional trauma when their children are ripped away from them. They face significant anxiety not knowing the condition of their children or if they will ever be reunited. There is often deep guilt around whether they could have done anything different to prevent the kidnapping. There is also a general fear and anxiety placed on communities where the abduction has taken place. In Canada, numerous stranger abductions, abductions by someone other than a parent or legal guardian, occur every year. The Missing Children Society of Canada documented 56 stranger abductions in 2008. In 2009, based on CPIC data, this number is up significantly from 31 in 2004 and 30 in 2005.
The tragic result is that each year approximately 100 parents in Canada lose their children to an often violent and abusive predator. As we heard from the member for Kootenay—Columbia, not all parents get their children back. There is much debate around the use of mandatory minimum sentences. However, I believe that child abduction is a serious matter that requires serious penalties. It is the role of Parliament to ensure that the Criminal Code contains measures and sanctions that denounce egregious crimes such as kidnapping and the abduction of a minor.
In 2009, I brought forward legislation that proposed similar five year mandatory minimum sentences for child trafficking. This bill is now law and is being used across Canada. I believe that the mandatory minimum sentences in this bill are appropriate for this crime and reflect similar offences in the Criminal Code.
The Supreme Court of Canada has affirmed the test for when a mandatory minimum sentence of imprisonment will constitute cruel and unusual punishment under section 12 of the Canadian Charter of Rights and Freedoms. In the unanimous reasons for judgment in Regina v. Ferguson, Chief Justice Beverley McLachlin stated:
The test for whether a particular sentence constitutes cruel and unusual punishment is whether the sentence is grossly disproportionate... As this Court has repeatedly held, to be considered grossly disproportionate, the sentence must be more than merely excessive.
I would argue that a five year minimum sentence for the crime of abducting a child from his or her parents would not be grossly disproportionate. Bill C-299 proposes a sentence that would reflect our society's denouncement of this horrid crime. I call on all members of the House to support this very important measure. It is well known that every day we see on TV and hear on the radio of children who disappear or are abducted. It is a very traumatic experience. In Canada, it behooves us to ensure that our most treasured and vulnerable children are protected and respected.