Mr. Speaker, today I rise to speak to Bill C-243, an important piece of legislation formerly known as Brian's bill, in honour of Brian Ilesic, a young man who was tragically murdered in Edmonton.
I think we are all aware of the ongoing trauma that victims' families experience during parole hearings when they are forced to relive the heinous crimes committed against their loved ones over and over, as countless parole applications are filed by individuals convicted of first- or second-degree murder.
Bill C‑243 seeks to amend the Corrections and Conditional Release Act. Under the proposed amendments, once the Parole Board of Canada has made an initial decision to cancel, deny or revoke an offender's parole, the offender would be required to comply with the statutory time frames for future reviews. They would not be able to reapply annually.
The idea behind Bill C‑243 is simple: to bring some comfort and peace to the victims' families. This bill responds to the legitimate concerns of Canadians, who believe that our justice system sometimes prioritizes the rights of criminals over the rights and needs of victims. It recognizes that a life sentence for murder is a serious punishment for the irreversible loss of a human life.
Repeated applications for parole force families to constantly relive the worst moments of their lives, compounding their suffering indefinitely. For many families, this measure does not do justice to the victims. Instead, it prolongs their suffering.
We have a duty in the House to listen to these victims and take action. We owe it to them to put an end to the emotional suffering they experience every year or every other year when hearings are held and they come face to face with the person who murdered their loved one. The premise of this bill, namely to limit excessive parole applications after an initial refusal, is a necessary measure to support victims and to make the judicial process more compassionate toward them.
That being said, we also have a solemn duty as parliamentarians to uphold the supreme law of our land, the Canadian Charter of Rights and Freedoms. A law that is bound to be challenged in court at the earliest opportunity does not serve the best interests of victims if it cannot pass the charter test. Although the principle behind Bill C‑243 is commendable, in its current form, the bill could give rise to significant legal challenges over an offender's charter right to liberty and security of person.
Let me explain. The ability to apply for parole even after being previously denied is fundamental to an offender's successful rehabilitation, something that our criminal justice system is also designed to encourage. Parole is not a “get out of jail free” card. It is a form of conditional release, a structured and supervised transition from incarceration to release into the community. For offenders serving a life sentence for murder, parole is always granted at the discretion of the Parole Board of Canada. Offenders have to earn it through a demonstrable improvement in their behaviour, a reduction in risk and an ongoing commitment to their rehabilitation.
Even if an offender is granted parole, they continue to serve the remainder of their sentence under strict supervision and stringent conditions. In offering offenders the opportunity to earn conditional release, we strongly encourage them to participate in the correctional program. We address the root causes of their criminal behaviour, such as substance abuse or mental health issues, and develop a credible release plan with community support measures.
Furthermore, when the Parole Board assesses an offender's case, it makes a decision based on a thorough review of all the information available to it. This includes victim impact statements, psychological assessments, the offender's behaviour while incarcerated, and their progress in their correctional plan.
The Parole Board must be satisfied that the offender's release will not pose an undue risk to society. If the risk cannot be safely managed in the community, parole must be denied. This happens regularly.
That said, parole allows for a more gradual, more structured transition with conditions that include ongoing supervision and the ability to return the person to custody if they fail to meet their conditions.
By involving offenders in their own rehabilitation and providing them with a framework for supervised release, we are actively working to reduce the risk of recidivism. This measure helps prevent future victimization and improves the safety of our communities. Reducing the risk of recidivism is one of the ways we are fighting crime.
As parliamentarians, we must ensure that any legislation we pass is guided by fairness as our objective, while fully respecting the Constitution and the Canadian Charter of Rights and Freedoms.
We must strike a balance between taking victims' needs into account and ensuring that all legal rights are respected. That is why I want to emphasize that further analysis is needed to ensure that the bill is charter compliant. This legislation must be fair and respect the fundamental charters and principles of Canadian justice.