Mr. Speaker, I rise today to speak to Bill C-587, the respecting families of murdered and brutalized persons act. The bill would increase parole ineligibility from 25 years to a maximum of 40 years for persons convicted of the abduction, sexual assault, and murder of the same victim.
Liberals support the intent of Bill C-587, namely to allow victims' families to avoid the stress and trauma of parole hearings that are highly unlikely to result in parole being granted. As this bill would preserve judicial discretion, Liberals can support it. Judicial discretion in criminal sentencing is crucial under the charter, because specific sentences must be proportional to specific crimes. This bill respects the judicial branch of the government by preserving judges' ability to determine just sentences.
I will be saying a few words today about the Conservatives' ideological contempt for our country's constitution, especially the charter, and the high cost to taxpayers of their failed battles in court, which is almost $7 million and counting.
First, however, let us deal with the contents of Bill C-587. It is worth reviewing the legal status quo that this bill would change.
First degree murder carries a mandatory life sentence in Canada with 25 years of parole ineligibility. I would note that murder committed in the context of sexual assault or kidnapping is first degree murder. Offenders serving a life sentence may receive day parole after 22 years and full parole after 25 years. On application, the Parole Board must review unsuccessful day parole applications every year and unsuccessful full parole applications every two years.
Under a 2011 law, offenders can now receive consecutive periods of parole ineligibility for multiple murders. Two offenders have been sentenced under this legislation. Travis Baumgartner received 40 years of parole ineligibility for murdering three of his colleagues during an armoured car robbery. Justin Bourque received 75 years of parole ineligibility for murdering three RCMP officers in the Moncton shootings last year.
Under the current law, offenders may also be designated dangerous offenders, meaning that they may receive indeterminate sentences, subject to periodic review.
Bill C-587 would make the following specific changes to the Criminal Code. First, the bill would allow persons convicted of the abduction, sexual assault, and murder of the same victim to be ineligible for parole for 40 years, 15 years more than is currently the case. The bill would also require judges sentencing such persons to ask for the jury's recommendation on parole ineligibility.
At committee, we heard powerful testimony from Sharon Rosenfeldt, whose son, Daryn Johnsrude, was murdered by serial killer Clifford Olson. Today Ms. Rosenfeldt is the president of the Victims of Violence Canadian Centre for Missing Children.
We also heard from Susan Ashley, whose sister, Linda Bright, was murdered by Donald Armstrong. I would like to again thank both Ms. Rosenfeldt and Ms. Ashley for their brave and helpful testimony. It is difficult to imagine more traumatic and devastating experiences than what they have been through, and I commend them for speaking out to improve public policy.
As I have said before, the attempt in criminal sentencing to quantify the impact of violence is a failure from the outset, especially when we are talking about a loss of life. No criminal sentence or civil remedy can correct the wrong that has occurred. No increased period of parole ineligibility can undo the actions that society would justly have offenders repay. A life taken away cannot be restored, and the law can only deliver an imperfect measure of justice.
At committee, Ms. Rosenfeldt and Ms. Ashley described the trauma of repeated parole hearings. As Ms. Rosenfeldt said:
this bill will help in our not having to attend parole hearings every two years, which once again opens old wounds and scars that never heal, even though we try to move forward and build a new life after the violent murder of our loved one.
Ms. Ashley's words were also powerful. She said:
I speak to you...to hopefully save other families from having to endure the cruelty of reliving their horror and continued re-victimization.
As I said, Liberals support the goal of allowing victims' families to avoid the stress and trauma of parole hearings that are highly unlikely to result in parole being granted. That objective is certainly legitimate when we are talking about persons convicted of abduction, sexual assault and murder. Such crimes are among the most heinous imaginable. If the system is needlessly and repeatedly traumatizing victims, that is something Parliament should fix.
Having said that, we should not make hasty changes to the Criminal Code that are unsupported by evidence. I am disappointed that tinkering with the code has become political bread and butter for the government. A lot of the changes we see are aimed at providing ideological fodder in fundraising letters.
That is why, as Liberal justice critic, I have criticized the government for constantly amending the code, while failing to invest the necessary resources to prevent crimes from occurring. The government's approach is doomed to be ineffective because the policies are not responsive to evidence.
I think in particular of the government's recent cuts to Circles of Support and Accountability, CoSA, a community-based reintegration group that holds sex offenders accountable for the harm they have caused while assisting with their re-entry into society at the end of their sentences. CoSA has been proven to reduce recidivism among sex offenders by 70% to 83%. That is an astonishing number. According to the government's own study, it saved $4.60 to society for every dollar invested. Over five years, it has prevented 240 sexual crimes, yet the government cut that program. It was incredibly irresponsible and that cut poses a real and ongoing threat to public safety.
With regards to Bill C-587, I was disappointed with the testimony at committee of this bill's sponsor, the member for Okanagan—Shuswap. One concern with extending parole ineligibility is that it could make some offenders more dangerous in prison. This is because they would not have an incentive for good behaviour, yet the member for Okanagan—Shuswap admitted he did not consult with corrections officers in bringing the bill forward. He also had no idea how many offenders the bill would likely affect in the future.
Fortunately, Don Head, the Commissioner of the Correctional Service of Canada, was able to answer the committee's questions on these matters. He told us that correctional staff would have to rethink how they deal with these longer-term sentences and that the bill would likely affect about one new offender per year. It is unfortunate to see a legislator proposing a bill and hoping the evidence will support it, rather than proposing a bill based on evidence.
This point about evidence speaks to the difference between Conservative and Liberal criminal justice policy. Conservatives start with ideology. Liberals start with evidence. We do so because judges look at evidence in determining the proportionality of laws that restrict charter rights. This is common sense. It is the proposition that facts matter. The Conservatives' failure to legislate based on evidence is reflected in their many stunning defeats in the courts.
Improving the country's approach to criminal justice will require a change in government. However, on Bill C-587, the goal of reducing trauma to victims' families is a good one. We heard at committee that the bill would make a difference to victims' families going forward. Additionally, I'm pleased that Bill C-587 passes the test of preserving judicial discretion. Liberals will support it for that reason.