Mr. Speaker, I understand that this has been a rather long day. As well, some rather lively discussion is taking place at this time. If the Canadian public had access to all this shilly-shallying, it would be an excellent thing.
In line with the Conservatives’ idea of developing and adopting public policies with which they can make political and media hay, the bill under consideration will have only a tenuous connection with reality in the courts of this country.
I remind members that I am, first and foremost, a criminal lawyer. I am therefore going to substantiate my argument by using concrete, empirical examples, much as some may not like it.
In Canada, there are not many incidents associated with offenders convicted of abduction or sexual assault followed by murder. When I say “not many”, that does not mean there is not very heavy media coverage associated with the very limited number of such cases.
The Conservatives’ idea is that they are going to make political hay; they are going to try to start it all up again and engage in sensationalism, since these cases get very good coverage. They are simply going to try to polish their image by showing they are on the side of victims and they are going to do something. There is only a very tenuous connection with reality in the courts and on the incidence of this kind of case.
I handled several hundred cases when I worked for legal aid, and several hundred more when I opened my own private practice, but I have never had to handle this kind of case. In 2007, after I was called to the bar, I handled some fairly sordid homicide cases, the details of which I will spare you. Nonetheless, I have never had to take on a case involving an abduction or a sexual assault followed by a murder. That type of case is quite rare.
I would note that in this kind of case, one or two incidents a year are observed in the case reports, in the whole of Canada, and the individuals are already sentenced to imprisonment for life. We therefore cannot help but draw conclusions and make certain inferences: that this is simply publicity hype and a desire to curry favour with groups that are clearly identified in advance.
In the context of this analysis, we also need to weigh the risks associated with initiatives relating to the imposition of maximum sentences. If Canada no longer bases its rules on a 25-year maximum, people will argue that various combined offences should be treated the same way.
When I am writing my speeches, I wonder how my practice is doing. I do intend to return to my practice in the near or distant future. I wonder how thick my Criminal Code is going to be when I go back into court. What will my criminal law practice be like? Will my criminal practice, for me as defence counsel, be significantly different as a result of the very substantial amendments that have been promulgated in recent years?
Over the past little while, we have been going off on this continuous and very pronounced and deliberate march to the right. I have some acquaintances with whom I worked for years, and over the summer I am going to do some research in order to get an answer, and I am going to ask some Crown prosecutors to verify whether their practices and the measures and directives that have come their way have been altered in the last two years.
I will hold back some of my observations, given the potentially controversial nature of this subject.
I submit this respectfully.