Madam Speaker, Canadians expect their government to take a firm and unambiguous stance against violent crime.
Today, I rise to speak to Bill C-236, the addressing the continuing victimization of homicide victims' families act. I acknowledge the intentions of the hon. member for Parkland, as well as his advocacy for victims of crime. In this spirit, we support sending Bill C-236 to committee for further study.
Despite this, in its current form, the bill falls short of delivering the decisive, concrete measures needed to confront violent offenders and to protect victims and their families. We look forward to working collaboratively to improve the bill to better the safety of all Canadians.
I want to assure the member and Canadians that our government takes the rights of victims and the parole process seriously. Bill C-236 would make an offender's failure to disclose the location of victims' remains a consideration in sentencing and parole decisions. The bill would also require courts to order the parole ineligibility period to be one-half of the sentence or 10 years, whichever is less, unless the court is satisfied that the default period outlined in the Corrections and Conditional Release Act, the CCRA, is sufficient.
Victims and their families deserve strong, reliable protections. The intent of Bill C-236 is understandable: to support victims' families and hold offenders accountable for withholding the location of victims' remains. However, we do not believe that the bill in its current form, without changes, will meaningfully improve our criminal justice system or make our communities safer.
I will explain. What I mean is that this bill does not enhance public safety outcomes, because the mechanism it is seeking to target, sentencing and parole, is already in place and allows for consideration in sentencing and parole decisions of non-disclosure. Judges are already able to consider any factor surrounding the offence as aggravated when determining sentences and parole eligibility, including the failure to disclose the location of victims' remains. Similarly, in certain circumstances, judges can already delay parole eligibility for the length of time proposed in the bill, which is the lesser of 10 years or half the sentence.
Furthermore, there is nothing in Bill C-236 that would preclude consideration of relevant factors by correctional decision-makers, such as the Parole Board of Canada and Correctional Service Canada. Of additional concern is the fact that the proposed amendments to the parole regime would create confusion and contradiction regarding when an offender may be eligible for parole. This is likely unintended, but the bill would not have the effect of making these parole ineligibility periods longer, nor would it achieve the objective of addressing the continued victimization of homicide victims' families.
Specifically, the bill would create contradictory and shorter periods of parole ineligibility for first- and second-degree murder, resulting in judges' having the choice to pick a shorter parole ineligibility period for these offences. This would mean that if an offender is being reintegrated into communities, they would spend less time under supervised release by Correctional Service Canada, which helps bridge the gap between offenders' being in an institution and reintegrating into society.
With this, I want to take a moment to talk about parole and, specifically, the decision-making process, the rights and supports available for victims, and how parole contributes to the protection of society. The majority of offenders are serving fixed-length sentences. This means they will eventually be released back into the community once their sentence ends. Evidence shows that parole contributes to public safety by helping offenders reintegrate into society through a gradual, structured and supported release.
Parole decisions are made by the Parole Board of Canada, which is an independent administrative tribunal that operates at arm's length from the government and free from outside influence. The decisions of the Parole Board, for which public safety is the primary consideration, are based on a thorough risk assessment, which considers all relevant and available information. To be clear, this includes information from victims of crime, the police, courts, Crown attorneys, mental health professionals, correctional authorities and private agencies.
Importantly, the nature and gravity of the offence and the degree of responsibility of the offender are also factors considered in parole decisions. While parole is meant to be a bridge between incarceration and safe integration into the community, I must stress that just because an offender is eligible for parole does not mean the parole is granted. If the Parole Board of Canada deems an offender poses a risk to public safety, parole is denied.
Even when an offender is granted parole, they are not released into our communities without oversight. They remain under the legal custody of Correctional Service Canada and are subject to strict supervision, mandatory conditions and continuous monitoring by community parole officers. Parole is structured, and it is an enforceable tool that ensures offenders are held accountable throughout their reintegration. There are immediate consequences if they fail to comply. If, at any time, offenders breach their conditions, their release may be revoked by the Parole Board of Canada and they can be returned to an institution.
Importantly, the parole process also establishes a role for victims, where their input and concerns are factors that are considered in conditional release decision-making. To be clear, under the law, the definition of a victim includes not only those harmed directly, but also the family of deceased victims. Any victim may register to receive information from the Parole Board of Canada and Correctional Service Canada. They may also provide information to the Parole Board of Canada at any time related to safety concerns, the offender's risk to reoffend and/or the effect the crime has had on them, their family or the community.
Victims can also choose to provide a statement detailing the impact the offence has had on them, and they may attend parole hearings as observers. Victims may present a written statement to the board members that outlines the continuing impact of the offence, as well as any risk or safety concerns the offender may pose. They can request that special conditions be considered for an offender's release. While victims have a role in the criminal justice system, the Government of Canada is committed to ensuring that their voices continue to be heard and its policies are responsive to their concerns while seeking to not overburden or retraumatize.
In 2015, the Government of Canada created the Canadian Victims Bill of Rights. This provides victims of crime with the right to information, protection, participation and seeking restitution. The government will always take the protection of these rights seriously and will look for opportunities to enhance and build upon them. As I mentioned at the beginning of my speech, while the government supports this bill being sent to committee, we are always prepared to support other measures that would meaningfully and concretely support victims of crime and deliver public safety results for all Canadians.
An example of this is when our government introduced Bill C-16, the protecting victims act, which proposes measures to enhance victim safety, participation and access to information by addressing gaps in how and when victims are informed about an offender's status and parole decisions. Proximity to a victim would be included as a factor in institution selection, and victims would have access to information about why parole hearings were postponed.
The government has also tabled Bill C-14, the bail and sentencing reform act. This legislation would target crimes committed by violent and repeat offenders, and would include amendments to the Criminal Code that would establish reverse onus bail for major crimes; allow consecutive sentencing for multiple crimes, meaning longer times behind bars; impose harsher penalties for organized retail theft; and restrict conditional sentences for a number of sexual offences.
In parallel to these legislative pieces, the government is continuing its work with provinces, territories and local enforcement to address the root causes of crime. We are acting decisively to keep our communities safe by investing in violence prevention programs and cracking down on cross-border smuggling of guns, fentanyl and other drugs. This is an opportunity for all of us to stand against crime and support victims of crime.