Mr. Speaker, I am very pleased to speak today to Bill C-587 introduced by the hon. member for Okanagan—Shuswap. I am also very pleased to learn that there is a place in Canada called Shuswap. I looked it up. It seems like a wonderful place. I hope to visit it one day.
Bill C-587 amends our Criminal Code in order to provide that a person convicted of the abduction, sexual assault and murder of one victim is to be sentenced to imprisonment for life without eligibility for parole until the person has served a sentence of between 25 and 40 years.
I will be honest. Discussions on amending the Criminal Code make me uncomfortable and a bit nervous because I am not a lawyer and I do not claim to understand the full extent of these changes. What is more, at first I did not really understand all these different assaults listed in the bill, as though triple heinous crimes were common currency in Canada. Not only that, but it is as though punishment worthy of that name were missing from the Criminal Code in its current form.
Neither of those is the case. I think I am justified in feeling uncomfortable. I find it strange that a backbench MP has introduced a bill to amend the Criminal Code. I think the Minister of Justice should be responsible for such important changes, to ensure that the bill can be properly studied. This kind of initiative should be much more formal. This all comes across as cavalier, which worries me.
The idea behind this bill is immediately clear when you read it. It is simply an exaggeration, typical Conservative-style hyperbole. They are looking to hand down excessive or double punishments. They appear to believe that this approach will ease the suffering of victims, whose lives have been turned upside down by crime.
The first ombudsman for victims of crime said that this bill was nothing but smoke and mirrors or an empty promise. He said that the measure would be used at most a few times a year, but would change nothing for the families of victims.
This is a foolish move that is taking us back to the Old Testament philosophy of an eye for an eye, a tooth for a tooth. The victim's role is being made out to be inalienable. The victim becomes this person in need of assistance, whose constant pain serves as proof that justice is about redemption.
Victims are being forced to remain victims, in order to justify never-ending punishments. By exploiting the pain of this serious crime, they are justifying the need for absolute justice. The crime becomes an eternal act to be relived day after day, in order to satisfy the need to punish over and over. By punishing, we are only selling out our own morals.
I would even venture to say that what is behind this type of discussion on the effectiveness of our Criminal Code, and what is at the very heart of this bill, is an irascible belief in the validity of the death penalty. Real justice is hiding behind that.
Our Constitution prevents us from bringing back the death penalty, but the government is constantly trying to get as close as it can. If it cannot execute someone, it will punish the person threefold. It wants to brandish full, irrevocable punishments. Surely that kind of inflexibility will make us feel better.
However, the experts all agree: our judicial system works very well. We do not need to up the ante in such a completely emotional and unenforceable way. Crime is emotional; justice should not be.
The discussion we are having here today is not a new one. In fact, the record is starting to skip. The Conservative Party wants to appeal to its partisan base, so it introduces bombastic bills on victims' rights, and declares a holy war against crime. Immediately, the NDP is stuck preaching moderation and defending the existing rule of law, and then we are accused of being a bunch of whining patsies who want to rehabilitate Satan himself. We are told, “Oh, the NDP is soft on crime” or “Forgive them, they are a bunch of bleeding heart leftists”.
The reality is that Canada has very little crime to worry about. Maybe the Conservatives are perhaps confusing Canada with the United States. It would not be the first time. What is the fundamental difference between the United States and Canada? It is precisely the fact that we rehabilitate criminals. The sentimentality of the patsies I just mentioned has helped make Canada one of the safest, most peaceful countries in the world.
The Canadian Bar Association said:
...[It] does not believe that Canadians would benefit from a system where individuals are condemned to spend their entire lives behind bars, with no hope of ever being released. Even those convicted of homicide, the most serious of all crimes, should know there is some slim possibility, after serving lengthy periods of their sentence behind bars, of being released into the community and contributing to society, provided that their behaviour while incarcerated makes them deserving of such a privilege.
The most reprehensible notion that would be introduced into the Criminal Code by Bill C-587 is the idea of relativity. Believing that punishment is meted out in an ad hoc manner and that such an indiscriminate criterion has a place in our justice system shows a very poor understanding of that system. Behind it there is the notion that human justice is not enough and that the wrath of God is needed to really vindicate the victims. I am not a lawyer, but I know that the Middle Ages have passed and that the notion of justice has evolved since Spain discovered North America. We are not going to return to outdated practices to please Conservative voters. Justice is a system and not an election platform.
When you remove even the smallest bit of rationality from the justice system, you weaken it. In fact, power is being taken away from judges, who must from now on make decisions based on random concepts. A crime is still a crime. A despicable thing is vile. The only thing that can vindicate us is judicial stability.
How can this notion of seriousness be measured? How can we ensure equality before the law when a notion of relativism is introduced into the equation? I would really like the member for Okanagan—Shuswap to clearly explain that to me. What gap is the bill trying to fill?
At present, in Canada, under Canadian criminal law, it is possible to not be eligible for parole for over 25 years. This is in line with international criminal law. We have adopted the Rome Statute of the International Criminal Court and this is in keeping with our long tradition as adherents to the rule of law, which is seen around the world as being fair, balanced and exemplary. The Conservatives are systematically damaging that tradition by isolating Canada in the world.
It is deplorable to have to watch our status as mediator crumble because of the actions of this government.
Parole ineligibility is being increased from 25 to 40 years. How will this increase improve our justice system? The only reason to have a sentence like that is as a deterrent, but this is such a rare crime that one would think the laws of civilization would be enough to deter those who might be tempted to kidnap, rape and murder. Yes, these are heinous crimes, but our system already punishes these rare occurrences severely and justly.
This crime is extreme, but that does not mean we need to go to extremes to punish it. It is up to us to be reasonable, not to criminals.
In closing, I will vote against this private member's bill because I think it is time we stopped using victims to make useless changes to our justice system. After all, if the Conservative government wants to make that kind of change to our Criminal Code, all it has to do is introduce a government bill that can be studied as such.