Mr. Speaker, thank you for allowing me to speak. I rise today in this House to discuss something that is very important to me and obviously to all Canadians, and that is the safety and protection of our children.
My colleague opposite, the member for Kootenay—Columbia, introduced a bill that would amend the Criminal Code with regard to the kidnapping of a young person. I understand why this member introduced such a bill, because I am a father of three. The stress that parents of kidnapped children experience is unimaginable. I think it is one of the most revolting crimes, and all Canadians are disgusted when they learn that a child has been kidnapped. A child's life is so fragile that it is important to do everything possible to protect and improve their safety. During times like these, we can see just how strong Canadian solidarity can be.
The questions we have to ask today are whether Bill C-299 will reduce the number of kidnappings in Canada. Will it improve public safety? Is this new bill relevant in the fight against crimes against a person? I am not convinced of that and I do not think that this bill will achieve the objective of reducing the number of kidnappings in Canada. That is why I will oppose this bill.
The purpose of Bill C-299 is to deter potential predators by imposing a minimum punishment of five years. It would include provisions for a mandatory minimum punishment of five years for offenders found guilty of kidnapping a young person under 16 years of age. Like all of the other kidnapping provisions in the Criminal Code, Bill C-299 would impose a maximum penalty of life imprisonment.
Yet, a maximum sentence of life in prison is already set out in the Criminal Code for this type of crime. The life sentence has also been imposed by the courts, including in British Columbia. The Conservatives and the hon. member for Kootenay—Columbia therefore feel that predators will be dissuaded by a minimum sentence of five years, rather than by the maximum sentence of life in prison that is already set out in the legislation. If a life sentence does not dissuade predators from kidnapping children, I do not believe that a minimum sentence of five years will be as effective or have any deterrent effect. In my opinion, the members opposite lack knowledge about criminology.
Once again, the Conservatives want to please their electoral base without any regard for the interests of Canadians or the reality of Canada's legal system. Minimum sentences are a judicial approach that even the most conservative and hardened American judges are starting to reject. They are concerned about the ineffectiveness of this approach and the burden it places on the prison system. During the debates on Bill C-10, their opinions in this regard appeared in the national papers. The Conservatives basically ignored these judges' experience.
With this bill, the Conservatives are once again trying to impose minimum sentences. They want to show the people of Canada that they are tough on crime, when the only effect this approach has is to place a heavier burden on the justice system. In addition, on several occasions, the Supreme Court has struck down the legislator's attempts to impose minimum sentences because such sentences went against the Canadian Charter of Rights and Freedoms. So, once again, the Conservatives are trying to impose such minimum sentences when they know full well that, in certain cases, these are unfortunately not the sentences that should be imposed. And I would just like to mention again that this will no doubt be challenged before the Supreme Court in the future.
The Conservatives are going to try to convince members of the House and Canadians that, since there is no minimum sentence, those who kidnap a child could be sentenced to six months in prison, for example. This is completely false. We must not fall into that trap. Canadians have the right to be well informed.
The NDP is tough on those who commit such crimes. We want to see maximum sentences imposed in these cases. However, we want to protect judicial discretion because we have faith in the existing judicial system.
If we look at sentences in kidnapping cases, we see that average sentences for this type of crime are around eight years in jail, which is quite a bit more than the five-year minimum that this bill would impose.
By introducing a mandatory minimum sentence, all the government is doing is tying judges' hands. This bill would not enable judges to take unique attenuating circumstances into account in certain cases.
It is difficult for lawmakers to write legislation that takes all of the possibilities into account, which is why judicial discretion is important. Judges must respect not only the letter of the law, but also the spirit. They must be able to interpret the law and hand down appropriate sentences that take into account the unique circumstances of each case.
We must have confidence in our legal system and in our judges, who typically make informed decisions that take into account both the law and legal precedent.
As I said, we have confidence in the justice system. That is why we will oppose this bill. We want to respect judicial discretion by opposing this five-year mandatory minimum sentence.
Current provisions allow judges to sentence those guilty of kidnapping to a maximum of life in prison. Judges have the freedom they need to hand down harsh sentences and ensure that dangerous offenders do as much time as they deserve. As I said, judges have typically sentenced offenders to more than eight years in prison. That is more than the five years this bill sets out.
This bill is problematic on two counts: the mandatory minimum sentence it recommends is shorter than what is typical in case law, and judicial discretion is being taken away for this type of crime.
Justice Major of the Supreme Court shares our opinion on this issue. He is concerned that the minimum sentence would be the rule. He said that no two cases are alike and that the minimum sentence would be inadequate in certain kidnapping cases. He wondered why this bill imposes a minimum sentence that is lighter than typical kidnapping sentences. He also pointed out that minimum sentences do not deter would-be criminals but would have serious consequences for other aspects of our legal system.
Bill C-299 is another clear example of the Conservatives' lack of understanding when it comes to justice issues. At first glance, this is an interesting approach, but upon closer scrutiny, it soon becomes clear that this bill does not really accomplish much of anything. The courts are much more severe on these issues than what this bill proposes. Most sentences are much longer than the minimum sentence set out in this bill.
As previously mentioned, a life sentence is often imposed. Do the Conservatives not realize that they are undermining the discretion of judges and the judicial system with this bill?
In budget 2012, the Conservatives slashed front-line forces by also imposing minimum sentences in several sections of the Criminal Code. Do they really believe that minimum jail sentences will make Canadians and Canadian families safer?
Instead of adopting punitive measures that have no deterrent effect, why does the government not invest in tools and resources for front-line police forces when a kidnapping takes place? Instead of focusing on punishment, I believe the Conservative should pay a lot more attention to prevention.
We are worried that the Conservatives are once again using a crime bill to try to score political points with victims and anyone who is sickened by this kind of offence. We are under the impression that this bill was introduced in order to please the extreme right wing of the Conservative base. Once again, the Conservatives are introducing a bill that presents a restrictive view of the problem. Minimum sentences, I repeat, are not the answer to kidnapping problems, and that is why we do not support this bill.