Mr. Speaker, I am happy to rise today to speak to Bill C-255. The bill proposes to create a new a new criminal offence, mischief to religious property, which would join the existing criminal mischief offences at section 430 of the Criminal Code. The bill further proposes corresponding mandatory minimum jail sentences and a penalty structure whereby the offender would pay money directly to the property owner as part of their punishment.
The existing offence of mischief to property is a broad offence that generally prohibits intentionally damaging, destroying or interfering with someone's lawful use or enjoyment of the property. For example, it could capture throwing a rock through the window of someone's home or vandalizing a building, including a place of worship. We all have an interest in protecting both public and private property from these criminal acts.
The bill's objectives are laudable. This is something we have talked about often in this place in terms of protection of not only places of worship but broader religious spaces. I agree with the sponsor that religious property deserves protection and that property owners, in appropriate circumstances, deserve compensation when damage is suffered. However, after careful consideration, I intend to vote against the bill, and my reasons are these.
First, the bill would duplicate mischief offences in the Criminal Code. Though members who have spoken today suggest there is a hole in the Criminal Code, there is not. This is illegal. Second, the proposed financial penalties are not necessary given the authority of sentencing judges to order restitution to victims and inappropriately risk overcompensating certain victims when damage to their property is less than the $1,000 minimum penalty. Also, the proposals are redundant as a result of the recent changes advanced by the government through the Combatting Hate Act, including a new hate crime offence and new offences that address obstruction of or interference with access to buildings for religious worship.
It has been bizarre to sit here for the last 50 minutes and hear from Conservative members who pretend that Bill C-9 does not exist. Also, we did not hear how they voted, which was against. We also did not hear how they spent months and months delaying the bill, months and months spreading misinformation and disinformation, sowing fear in communities where enough fear exists and suggesting that people will be arrested at the pulpit, which is preposterous given the protections under the Charter of Rights and Freedoms. They stoked so much fear and division. Many of them sanctimoniously got up with bibles at their hearts to vote against this piece of legislation. However, a few months later, they are here to say we need to be protecting religious places.
The previous speaker said the government has an obligation to the sponsor of the bill to work with her. Where was she when Bill C-9 was going through and there was an unwillingness to work through Bill C-9? There was filibuster after filibuster as religious groups were calling for the Conservatives to pass the legislation. What did they do? They spent months fundraising. As religious groups were asking for it, that is what they did. It is interesting to hear now that we should have an obligation to work with this member.
I agree that the member's objectives are laudable, but so too were the objectives of the government in Bill C-9. Those were campaign commitments that we needed to step up, as there was so much debate in this place, in not only this Parliament but the previous Parliament, as we have seen a rise in hate crimes and attacks on religious institutions. The government stepped up, and the Conservatives were nowhere to be found, so it is a little surprising to be here in this place. As I mentioned, I support the intent behind the bill, but I do not believe its specific proposals will enhance criminal law responses to conduct targeting religious property beyond what the existing criminal law already does.
Returning to my concern that the bill would result in duplication, the Criminal Code already contains a mischief offence that applies when any property, including religious property, is damaged. This offence is punishable by a maximum term of imprisonment of two years or, if the value of the property exceeds $5,000, a maximum of 10 years.
In addition to this general offence, there is a specific offence that prohibits mischief to religious property, which is punishable by a higher maximum penalty if the conduct of the offender was motivated by bias, prejudice or hate. This specific offence is punishable by a maximum term of imprisonment of 10 years when prosecuted by indictment, regardless of the value.
Now, the previous speaker said we should not look at motive, and that would be a great thing to say if that was not required by the criminal law in all cases. It has probably been 20 years since I took a criminal law class, but we need to look at motive. That motive needs to be proven. Even in the member's legislation, that motive will need to be proven.