Mr. Speaker, naturally, I am pleased to support the bill put forward by my colleague from Red Deer. No one is against virtue. This bill is designed to ensure that personating a police officer or a public officer for the purpose of committing another offence is considered by a court to be an aggravating circumstance.
The bill does not include minimum sentences, which respects judicial independence while appropriately punishing the criminal.
It would therefore remedy a flaw in the Criminal Code by amending section 130, while also providing justice for victims. It is about appropriately punishing offenders by increasing penalties for those who take advantage of this trust to cause harm to others.
I would like to point out that the member who tabled this bill was concerned about an unfortunate incident that took place in his riding, where a young girl was sexually assaulted by a man disguised as a police officer who had fake cruiser lights on his car. The bill introduced by the member for Red Deer came out of a terrible event in his riding in 2009 that demanded action. He showed compassion with his response to this event in his own community. His approach is both balanced and appropriate. Congratulations.
This type of offence abuses the trust that people put in our institutions. Police officers are there to protect us. That is the foundation of our justice system, and it is compromised in these types of situations. When someone usurps the power of a law enforcement officer, that forces the victim to submit to false authority so that the offender can commit another offence. It is crucial that we protect the integrity of our institutions and prevent people from being misled.
It should be said that the majority of Canadians put their complete trust in the police and readily submit to an officer's requests. That is normal. But it is that same authority and power that is exploited to facilitate other heinous crimes.
Such incidents are rare, but they have terrible consequences. I would not go so far as to say that incidents involving personation of a police officer are on the rise, but the fact is that everyone is concerned about such offences.
The problem has surfaced elsewhere in the country as a factor in all sorts of crimes. I will provide several examples during my speech.
This bill also provides an opportunity to raise awareness. We have to remind people to be vigilant and careful. Everyone has rights, and anyone can ask an officer to confirm their identity. Such a request is perfectly acceptable if a police officer approaches an individual and makes suspicious requests or behaves oddly.
When in doubt, people have every right to ask an officer questions or request to see their badge or ID. Of course, they should do so respectfully.
This bill is about personating a peace officer for the purpose of committing another serious offence, such as theft, home invasion or, in the case of the crime committed in Red Deer, kidnapping and sexual assault.
Any abuse of the trust that people have in police officers is reprehensible because that trust is crucial to the well-being of our whole society.
In July 2011, Toronto police arrested a man on suspicion of fraud against elderly persons. The man in question pretended to be a police officer and made off with their wallets. He was charged with 14 counts of theft and 14 counts of personating a peace officer. His victims were all between 70 and 80 years of age. I just wanted to mention that we should never tolerate any form of elder abuse.
The most surprising thing about this case is that this was not the first time the accused had passed himself off as a police officer. In 2003, he was sentenced to four years in jail for personating a police officer in order to commit theft. In 2008, five years later, he was at it again. He passed himself off as a police officer to commit another theft, but he was convicted only of theft.
There have also been cases involving motorists who were pulled over by police impersonators for an alleged speeding offence or expired licence, only to be extorted for money. They forced victims to pay a fine on the spot, using the authority and power of a police officer along with the threat of towing the vehicle and the victim having to pay all of the related expenses.
Montreal police arrested two men for these kinds of offences in 2010. The two young men, both 18 years old, did not have police badges, but they did have flashing lights and managed to stop and search several vehicles in the east end of Montreal, demanding payments for fines while also stealing items from inside the vehicles. After several interactions with motorists, some drivers became suspicious and alerted the police as quickly as possible.
This case is particularly telling, since it shows that many people were completely fooled by these two men who passed themselves off as police officers—certainly corrupt ones—but police officers using their authority and their power.
Yet, this is not the first time that this happened. In 2008, the Calgary police had already charged two people who were personating police officers and who had tried to arrest drivers. They also had cruiser lights on their car. How is it that people other than police officers can purchase cruiser lights? I am just wondering.
Another incident took place in Oakville in 2010 when a women who was personating a police officer pulled a driver over, accused him of speeding and demanded that he quickly pay a fine right then and there. In that case, the woman did not have a uniform, a badge or an ID card. The situation was suspicious enough for the driver who was being scammed to call the police as soon as possible. Once the crime has been committed, victims take the time to think about it and then they realize that they have been scammed.
It is important to remind the public that there are ways to identify who is really a police officer. Police officers, whether they are plainclothes or in uniform, always have a photo ID card and a badge. If they are not visible, people have the right to ask to see them and should call the police if they have doubts as to a police officer's true identity.
Crimes such as what happened in the riding of Red Deer, or elsewhere in the country, have made the public and victims more distrustful of our institutions. Personating a peace officer should not be considered secondary in these cases, but should be considered an aggravating circumstance by the courts during sentencing.
We know how much trust the public puts in the people it believes to be real police officers. Personating an officer is even more serious, because it exploits the public's trust in the police. It affects all members of society; not just the victims.
The bill exposes a troubling and worrying aspect of the crime, which is when the offence is committed for the purpose of committing another offence. This bill will very much improve our justice system. It will give the courts a necessary—and currently lacking—tool for sentencing.
The member for Red Deer did a good job with this bill. It epitomizes his compassion for and understanding of the victim and the victim's family, and is an improvement to our justice system.
This private member's bill is a shining example of a logical and balanced approach to justice. The fact that there are no proposed minimum sentences should encourage the Conservatives to reconsider their normal approach to these issues.
It goes without saying that this is and will continue to be an important issue. Personating an officer is a crime that leads to other crimes. It must therefore be considered an aggravating circumstance by the courts. I urge my colleagues to unequivocally support this bill.