Mr. Speaker, I always feel privileged to rise in the House to participate in a debate on a bill that is being introduced. There are two reasons for this.
The first is that I take very seriously our role as legislators, which is vested in us as elected members. In this role, I also act as justice critic. Every time a new bill has to do with my responsibilities, I study it carefully to learn its objective.
Then, when we gather the entire caucus of the New Democratic Party to discuss it—we do not really need democratic reform legislation to do this—I make a recommendation based on consultations that I make a point of conducting religiously and rigorously.
This sometimes leads to rather vigorous debate within our caucus, for example, with regard to why we support sending to committee bills at second reading that have me shaking my head. These are most often bills from the Conservative side, whether they are introduced by the government or a backbencher. I try to understand their reasons.
It is often the title of the bill that makes me realize that the Conservatives want to introduce some sort of bumper sticker legislation that is nothing but showy advertising, without any real content below the surface. We cannot be too careful. Sometimes, when we take a close look at something we can see there is nothing to it.
On this matter, I made a point of contacting people in the field of law whom I respect a great deal and who are often more knowledgeable than I am on matters of criminal law, including law experts at the Barreau du Québec. The president of the Barreau du Québec sent a response regarding Bill C-526, whose fancy title is the “Cracking Down on Organized Crime and Terrorism Act”, as I was saying to the member who introduced the bill in the House. The Conservatives are laying it on a little thick, but when you scratch the surface, there is very little to this bill. Here is the reply from the president of the Barreau du Québec.
The Barreau du Québec questions whether it is really necessary to expand the list of aggravating factors for the various offences in the Criminal Code, since we do not believe that this will help prevent the commission of the offences targeted in the bill.
In our opinion, forcing judges to conclude that there is an “aggravating” factor simply because three people committed a crime together, as opposed to any other number, is pointless in terms of the bill's objective, which is to protect the public.
This very simple reply goes directly to the question I asked my colleague regarding whether a Criminal Code provision already stipulates that terrorism and criminal organization offences are considered aggravating factors when someone is found guilty. This bill introduces the notion of a serious aggravating factor, and I have to wonder about this, since it is a concept that does not exist in the Criminal Code and could cause some problems.
However, there will be an opportunity examine it more closely. Given that our debates here are often limited, at committee is usually where we can do a more thorough examination and hear from experts who point things out to us that we may not have considered in a more superficial study at second reading.
I find the bill somewhat pointless overall. I am talking about it because this is perhaps one of the last “law and order” bills we will have the chance to look at before we break for the holidays.
When I have the honour of rising in the House, it is also because, above all, I respect my primary role, which is to represent the people of my riding of Gatineau. When I go into the community to speak with them, they talk to me about the justice system. The government is determined to blame the courts for everything that goes wrong, but the government itself is often at fault. Introducing small bills that serve no real purpose will not address certain issues.
I want to share with my colleagues a letter I received that deeply touched me because of my role as a legislator and as justice critic. However, I think that justice concerns us all, no matter what our role in our respective party.
Eric and Jill Faulks, grandparents who live in British Columbia, wrote to me as the NDP justice critic. They also wrote to the Minister of Justice. This is what they said:
Our 18 year old grandson, Travis Hurlbert, was killed in an automobile collision in Edmonton on July 24th, 2013.
It is hard for our family to consider this less than murder under the circumstances. We understand that the alleged perpetrator had a DUI against him in 2006, was fined 3 times in 2010 for driving while disqualified, and charged again in May 2012 but did not show up for his court date in July 2012. Police then issued a warrant for his arrest. A year later with his address apparently known, he was still free to kill.
That is a real-life situation. It relates to our daily lives. That is the kind of scenario that makes people, taxpayers, Canadians and Quebeckers question the justice system.
The justice system has several components. For example, one component consists of bills such as this one, which claim to address this and that. At the end of the day, they solve nothing. Laws exist, but there is a problem, and that problem is not the sentences being handed down.
Hon. members will recall that at one point this summer, the RCMP told us how long it takes to add offences to an individual's criminal record. That information was provided by the provincial justice departments. Even if an individual is sentenced to 12 years in prison, if the sentence and the fact that he was found guilty are not recorded in his criminal record, we can create every law imaginable and it will not do any good.
We have to give our police officers resources and put more officers in the field to make sure that a sickening individual like that cannot hurt anyone. He did not even bother to show up in court. There was a warrant for his arrest. He was not allowed to drive and was told so three or four times, but there he was behind the wheel again. If our society cannot do something about that, there is a problem somewhere.
I am not trying to downplay the importance of Bill C-526 and the kind of offences it is trying to cover, but there are more serious issues.
On the one hand, we have this bill, even though an aggravating circumstance already exists for the same kinds of offences, and the sponsor wants to bring in something new that will give lawyers an excuse to go on ad nauseam. On the other hand, on the ground, I need answers for the people who contact me as justice critic and ask me what I am doing with this. They want to know what we politicians are doing as Christmas approaches and they have to live without their grandson. I cannot fathom how they manage to sleep at night. I feel that they have failed dismally.
This letter is worth reading because it conveys beautiful ideas about life. These people could have wanted that man to die. Who would blame them? They lost their 18-year-old grandson, who missed out on doing all kinds of things. He had his whole life ahead of him. He was slain by a sickening man who should not even have been there, but who was because society failed dismally. Those people say that after the first offence, the offender needs help and society should try to reintegrate him properly. The second time around, people start asking questions. Whatever happened did not work because the person did not learn.
Yes, we will support Bill C-526 at second reading, but I would like everyone to think about something. Instead of fixating on this or that and paying people to come up with slogans and all kinds of bills, how about putting money where it is really needed? How about more police officers and more services to crack down on repeat offenders when we know that is what they are?
Judges can do everything in their power, but if they do not know that the person before them has already committed a crime, they cannot give the most appropriate sentence taking into consideration the fact that it is a repeat offence.
Shame on us for not really taking care of business the way it should be.
Merry Christmas.