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Crucial Fact

  • His favourite word was justice.

Last in Parliament September 2008, as Conservative MP for Calgary Northeast (Alberta)

Won his last election, in 2006, with 65% of the vote.

Statements in the House

Crown Liability And Proceedings Act October 6th, 1997

moved for leave to introduce Bill C-234, an act to amend the Crown Liability and Proceedings Act.

Mr. Speaker, I would like to thank the hon. member for Wetaskiwin for seconding the bill.

It is my pleasure to rise today to reintroduce a bill that would amend the Crown Liability and Proceedings Act to ensure that inmates serving penitentiary sentences will not be able to sue the federal government or its employees.

More specifically, this legislation would prohibit lawsuits to be filed by inmates against the federal government for matters arising as a result of or during their penitentiary sentence.

There is urgent need for this type of legislation in Canada. People are imprisoned because they do not respect the law. They should not be able to further overload the legal system with frivolous litigation, particularly at taxpayer expense.

This legislation, if adopted, would put an end to the wasteful abuse of the Canadian legal system at the hands of inmates. I would encourage all members of the House to carefully consider this legislation.

(Motions deemed adopted, bill read the first time and printed)

National Defence October 6th, 1997

Mr. Speaker, when it comes to the recommendations, it has taken this minister a long time to get down to the basics.

The minister knows full well there is a culture of cover-up in that department that still exists and he still has not dealt with that. The new chief of defence staff stated that he wants more openness and he immediately put the boot to the military top ranks. Now it is time to purge the bureaucrats from the ranks. Why will the minister not turf the senior bureaucrats who are responsible for trying to hide the truth before another bad report comes in?

National Defence October 6th, 1997

Mr. Speaker, the public has a right to know what is happening in defence headquarters.

The Somalia inquiry pointed its finger at the department of defence bureaucrats who deliberately prevented the release of pertinent information.

What specific steps will the minister take to address the accountability recommendations outlined in the Somalia report so the public can see what is going on in that department?

Speech From The Throne September 29th, 1997

Mr. Speaker, I am wondering if he would like to reflect on what his party views as sacrifice. I know the leader of his party does not really accept the general premise that their membership may want at an assembly. It is open for debate and discussion. What does the member for Markham really consider to be a sacrifice?

Speech From The Throne September 29th, 1997

Mr. Speaker, I want to congratulate the member for Markham on his maiden speech here in the House, and I would also like to congratulate him on his victory at Markham.

I have spoken in his riding several times, supporting the Reform candidate there. Unfortunately the Reform candidate did not make it this time around, but the next time is going to be another story.

I find interesting some of the statements the member for Markham made. I also find very interesting the comments of the member for Thornhill on the first question. The member for Markham indicates that sacrifices have been made to eliminate the deficit. He is referring to the government side.

I sat in this House for four years listening to the rhetoric of the other side of the House, the government side, and really when it comes down to it I never noticed too many sacrifices being made at all.

In fact, the sacrifices made were by those that the load of debt or spending was dumped on through the different provinces, transfer payments and the like. The member for Markham made reference to that.

In other words, the government has failed to transfer money to the provinces and again the provinces have to pick up the slack.

Criminal Code April 15th, 1997

Mr. Speaker, if that is the best this government can do, no wonder the country is in trouble. If that is the best bill the justice minister can come up with to deal with violent offenders, no wonder there are so many victims out there. It is going to continue because the bottom line is that violent offenders will still be released back out into the community. The checks and balances are neutral when it comes to dealing with the most violent offenders in our society.

Let us look at some statistics. These are from the parole board. This data from the board deals with violent and serious offenders. It states that only about one-half of a violent offender's sentence is served. I would assume that includes murderers. Attempted murderers, for example, serve an average of 48 months when the courts have really sentenced them to 94 months. That is only one-half of the sentence. The parole board is releasing violent criminals after they have served one-half of their sentence. In the cases of manslaughter, the actual time served by the offenders averaged 44 months when the original court sentence was 84 months.

Finally, with respect to people who have committee aggravated assault or rape, the average offender was released after having served 49 months, 4 years, of a sentence of 79 months. This bill does not address any of that other than the fact that the government insists on releasing the violent offenders back out into the community.

What are the answers? I think there are answers. First, we have to start looking at what is happening in our courts. A sentence given is not served any more, as I have stated. Approximately one-half of the sentence is served. It is high time we went back to truth in sentencing. The rehabilitative model that is touted on the government side has been a dismal failure. Truth in sentencing laws would bring some sort of balance back into the system.

If a rapist received a 10-year sentence, which it is unlikely, he would then serve that sentence. That is what we and the people of this country are looking for and want. People want to have a measure of safety in their communities. Unfortunately many people are not feeling that which will be very evident in the next election.

Just going door to door in my riding I am picking that up at the door. I know that the members across the way are also picking that up. In fact, there are some people in the lobby right now visiting from British Columbia who are picking it up because they have been personally hit by crime as victims. Apart from that, the average person feels very uneasy and unsafe on our streets right now.

We talk about truth in sentencing and about a sentence given should be a sentence served. In other words, life should mean life with no eligibility for parole. Why should a first degree murderer get out on the street at any time? There is no reason for it. Why should a man who has taken another man's or woman's life get out on the street?

If we look at the statistics on first degree murderers we see that out of the 46 who applied for early release up to mid-1995, 11 killed women: their wives, girlfriends or people they knew. They received early release. I would say that a murderer would definitely fall into the classification of a dangerous offender. Yet those who have been convicted of that heinous crime are being released on to the street.

Eight of those 46 killed policemen. That is a deliberate act. No mistake can be made that it was other than the intention of killing the police officer, the person in authority.

Three of those murderers who obtained early release killed children. I am sorry but I do not see this bill addressing any of that. The sentence given by the courts is being chopped by the parole board and by applications for early release. Now other provisions under section 55 allegedly restrain them further but I do not see

where the restraint is. Violent offenders are still getting out on our streets. Bill C-55 does not stop it.

The parliamentary secretary spoke of indeterminate sentencing, that a court will decide whether or not the offender will continue to serve his time. That may be well and good but it is also putting it on the shoulders of the courts. The court's dealings with those types of offenders has not been very good.

I have an individual in my riding by the name of Tocher. I mentioned him the other day. Since 1982, he has been abusing kids. He abused three boys in the last set of offences. Now he is in court and has been given a short sentence again, something like 18 months. He has been doing that since 1982. He has been in and out of the court system five times for similar types of offences. What good are the courts doing? He has never been declared a dangerous offender. That available to the courts at the time. What is going to change? It is just going to be business as usual.

The answer to the alleged crowding problem in our prisons is to release him into the community. I do not see Bill C-55 changing a whole lot.

How can we have a guarantee that the message is going to get to the criminal? What is the guarantee? The criminal has to understand that if he steps across the line that this will happen to him. The sentence, the incarceration and the place where he spends it will not be pleasant because he stepped over the line.

We put an amendment forward on this bill. It was called a two strikes amendment. In other words, if someone commits a violent offence, and serves the majority of the time, the message would be sent to that offender that if he committed a second offence, he would go away for an indefinite period of time. The sentence will be a minimum of 15 years if he commits another violent offence, perhaps even longer, maybe even life.

That message has to be sent to the offender. It is a revolving door in our prisons. It is a well known fact that 70 per cent of those serving time have served time before.

There is no reason why the government could not send that message to a criminal. The criminals are getting arrogant because they know they can get away with too much. They are getting arrogant when they pick on our kids. They do it time and time again because nothing happens to them. They are not treated like criminals. Sure, they are restrained from moving around for a little while but everybody rushes to protect them and support them. Some say that it is society's fault. Unfortunately it is their fault because they are the ones who chose to commit the crime that put them in jail.

I have said these things in public before. There is no reason I should not have said them. I think the majority of people want to see stiffer penalties for prisoners.

I paid a visit to the Bowden Institution, a prison in Alberta. The prisoners heard that I was coming and circulated a petition about my anticipated arrival. Many of those serving time look at me as a threat because I tell them that they should be working for a living. Even if they are behind bars they should be productive. The productivity rate inside our prisons is a dismal shame. If prisoners are not unemployed in prison, the majority of them are underemployed by far. Part of my theme was that they should be working for a living.

Activist prisoners within the prison system circulated a poster that said: "Art Hanger is coming to threaten the inmates of Bowden. Art Hanger wants you to have no temporary absences or parole". They are absolutely right. I do not want them to have a lot of temporary absences or parole. Why should they have? They are serving time for committing the crimes that put them in there. They should be paying society back for their crimes. They should be doing something instead of being out on parole. The parole system is obviously not working.

The poster also said: "Art Hanger wants you to be involved in slave labour". I do want them to work, absolutely. Why should they not work? They call that slave labour. They should be doing all kinds of things. Maybe they should even be earning a wage and a portion of it could go to support the victims they victimized. They could pay for their room and board. Then maybe they could keep some of the money left over as a stake for when they get out.

There is another nonsensical part of the Correctional Service of Canada's policy. Inmates are only allowed to accumulate $80. When they walk out the door of the prison they have no money in their pockets. They have barely enough to survive for a night. They should at least be earning minimum wage but they should be productive. They should be doing something.

The poster goes on to say that I want them to have no recreation. The riot in Millhaven was a result of change in routine. Inmates felt they should have more recreation time. To get their point across they killed a man. They wanted to tell management they were unhappy because they were not getting what they wanted, more recreational time or a return to the old routine. There is something wrong with that mentality.

The poster goes on to indicate that I want them castrated and tortured. I do not want them castrated or tortured. Nor has Reform ever said that in any of its policies. This is their concern. I understand why they may have that concern in that 70 per cent of the inmates in the Bowden Institution are sex offenders.

There is something wrong with the attitude of the offenders in our jails today. It has been nurtured by the corrections policy and supported by government sanctioned rights. There is something wrong.

It went on to say that I wanted them locked up for 24 hours. I want them locked up for 24 hours. In fact I want them locked up until they serve their entire sentences, as do most people in the country do. The violent offender should not get out until he has served his sentence. The violent offender should stay in there and work to pay for his keep.

The poster summed up their list of complaints about me in the following statement: "Art Hanger wants you dead". I do not want them dead. I want them to correct their behaviour and I see that the present system is not helping them do that. It is creating arrogance among the prison population. They know they will not be punished for what they do. They will be detained for a while, but everybody rushes in to protect them, to help them and to counsel them. There is no punishment. from the viewpoint of those inside that is what our system is all about. I might add that is shared by prisoners in other prisons. I have talked to enough prisoners to know.

There is also something wrong on the management side, the policy makers. Along with two other members I had an opportunity to go to Edmonton maximum security in December 1995. There was a lot of snow on the ground. It was much like northern Saskatchewan where the parliamentary secretary to the justice minister lives. The prison houses approximately 400 prisoners. The warden heard we were coming. He wanted to make sure the staff of the prison knew we were coming. He sent out a memo which happened to get into the hands of the press and of the Reform Party. This is what it stated:

The members for Calgary Northwest, Fraser Valley West and the member for Wild Rose will be visiting us on December 1, 1995. These gentlemen are known to be ardent critics of CSC and are quite vocal in expressing their views.

I want to ensure that Edmonton Institution is at its best, giving very little reason for criticism. Therefore this institution will be spotless. Areas needing paint will be painted. Inmates will be visibly at work during their tour (as they should be anyway) and programs will be in full swing. This includes the protective custody unit.

I do not want to see inmates lying around doing nothing (not that this would happen anyway). I have not seen a lot of activity that involves inmates shovelling snow. The walks should not be cleared with snow-blowers. Push shovels are more appropriate. Buy them if you need them.

For what? The message was just because we came to visit them. They wanted to have the appearance that everything was okay and that everyone in the prison was working. There is something wrong with a policy that allows things like that to happen in our prison system.

As a result Bill C-55 is an attempt to sound like something is being done. What is being done? Nothing. There is no punishment in the present correctional system. There is no accountability as there should be. It is a revolving door.

We would like to see accountability. We want to see sentences delivered by our courts fully served, especially those of violent offenders. We want to see two strikes legislation. Why should a person after being released once and committing another violent offence have the same opportunity to serve another short sentence and be back out on the streets to do it for a third time? Why should that happen? No wonder the list of victims and victims groups is growing. It will continue to grow because violent offenders are still being released into society. Their behaviour has not been corrected in spite of all the programs and the case management reports.

I thought of another case management report directed to the killer of a policeman. A fellow, Craig Munro, allowed a police officer to bleed to death after he shot him and held him hostage. Now he is applying for early release. He is a shooter. The man should not even have an opportunity to make application. Yet the government is insisting on leaving that provision in there. It is insisting on turning violent criminals back out on to the street under Bill C-55.

I turn to one of the most significant devastating crimes in this decade and in the ones coming up. I am referring to the area of sex crimes, pedophilia, and crimes against children. It already is extensive. If we talk to the sex crimes and child abuse units in any police department, we find they cannot even handle the number of complaints they get. They have to refer them to social services. The cases they are referring are becoming more and more intense, difficult and substantive. The police cannot keep up.

How will we handle pedophiles? Long term offenders provisions will not do it. The parliamentary secretary to the justice minister should explain how that will happen. It will not going to happen. It will be status quo court decisions and status quo incarceration for very short periods of time.

I just finished relating the story of Mr. Tocher and the number of times he has been in and out of the prison system. He kept going back and forth over the last 15 years. He is victimizing our kids. Is it any wonder parents complain when they see somebody hanging around a playground zone such as happened in Calgary? Parents complained about a adult male hanging persistently around the playground zone. They were frightened and the police could not do anything about it. He had a record as a pedophile and the police could not do anything about it.

I said I would do something about it. They organized and protested in and around the park until the police went in there and laid some charge on him. It is awareness. Parents are concerned about their kids and the long term offender provisions in Bill C-55 will not touch them. Most police officers, most prison staff and even psychiatrists say that pedophiles cannot be cured. What can we do? We should keep them in prison for a long, long time.

It should be on the shoulders of the psychiatrist and whoever else signs the document that releases a pedophile to guarantee he will not reoffend. If he does they should pay the consequence. Somebody has to be held accountable and that is not happening in our present system.

Many provisions in Bill C-55 sound like they are doing the right thing. Pedophilia is inadequately addressed. The Criminal Code should be expanded to address the impact which pedophilia has on kids.

I have not addressed the judicial restraint provision which, as the parliamentary secretary stated, will be in section 810 of the Criminal Code. That provision will be extremely difficult to enforce.

The Reform Party will vote against the bill, in part because the government did not accept the amendments put forward by Reform. Those amendments would have made the bill much stronger.

Criminal Code April 15th, 1997

moved:

Motion No. 1

That Bill C-55, in Clause 4, be amended by replacing lines 11 to 15 on page 3 with the following:

"752.1 (1) Where an offender has been convicted of a serious personal injury offence defined in section 752 and, on application by the prosecution, at any time during the time the offender is serving the sentence imposed for the offence, the court is of"

Motion No. 2

That Bill C-55, in Clause 4, be amended by adding after line 40 on page 4 the following:

"(1.1) Notwithstanding subsection (1), where an offender has been convicted of a serious personal injury offence defined in section 752 and has previously been convicted of such an offence, the court shall find the offender to be a long-term offender without an application being made in that regard."

Motion No. 3

That Bill C-55, in Clause 4, be amended by replacing lines 17 to 28 on page 6 with the following:

"fend if the offender has been convicted of a ) an offence under section 151 (sexual interference), 152 (invitation to sexual touching) or 153 (sexual exploitation), subsection 173(2) (exposure) or section 271

(sexual assault), 272 (sexual assault with a weapon) or 273 (aggravated sexual assault); a .1) an offence under subsection 160(3) (bestiality in presence of or by child), section 170 (parent or guardian procuring sexual activity), 171 (householder permitting sexual activity by child) or 172 (corrupting children), subsection 212(2) (living off the avails of prostitution by a child) or 212(4) (obtaining sexual services of a child); a .2) an offence involving a person under the age of eighteen years under section 155 (incest) or 159 (anal intercourse) or subsections 160(1) and (2) (bestiality and compelling bestiality); a .3) an offence involving a person under the age of eighteen years under section 144 (rape), 145 (attempt to commit rape), 149 (indecent assault on female) or 156 (indecent assault on male) of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read immediately before January 4, 1983; or a .4) has engaged in serious conduct of a sexual nature in the commission of another offence of which the offender has been convicted; and''

Motion No. 4

That Bill C-55, in Clause 8, be amended by replacing line 27 on page 12 with the following:

"fifteen years from the day on which that person"

Mr. Speaker, I am pleased to discuss more criminal justice matters, specifically Bill C-55 and the need to toughen the law when it comes to release of offenders and the designation of certain offenders, especially violent offenders.

There is no question we need some substantive changes in the sentencing procedures as well as in the area of incarceration.

In a way prisoners have it too good on one side and on the other the line is not clear, if they step over it, on what should happen to them or what could happen to them. As a result there is a certain arrogance that has developed within the prison population of those who are bent on committing a lot of crime. There is no punishment within the correctional system. It is obvious this attitude would manifest itself in the lives of so many offenders and so few have their attitudes corrected in the system as it exists.

That has been evident to me as my colleagues and I have travelled across the country and have stopped in at various prisons in Canada. Some of us have been to the United States and looked at some of those prison procedures and methods of incarceration, but we are talking about Canada and the attitude of prisoners in Canada.

Are the politicians of the day doing what is best not only for the country, for the community, for the innocent, but also for the prisoners themselves? For the most part I would have to say a resounding no, the politicians of the day and the government of the day, the Liberal Party, certainly are not doing what they should be doing to curb the attitude of the criminal.

In response to their view of what should be done and to the outcry from the public, the justice minister brings forward Bill C-55. When we look closely at the bill it appears to be doing the right thing. It is incremental in its scope as far as change is concerned but ultimately it is not really coming close to what has to be done when we look at the rate of victimization in the country from the hands of those who are constantly reoffending.

My first motion seeks to deal with the dangerous offender application and to bring about the provision that would allow the crown to give notice at the time of conviction of an application review. What we are seeking to do is have that review take place at any time during the offender's release.

I have had an opportunity to look through some of the more recent convictions of offenders who have been released. After they have served their sentence or a portion of their sentence they have been released. All the reports clearly point to the fact that they are going to reoffend. Yet because of the present provision the law does not allow for a dangerous offender application to go forward after they have been incarcerated. It has to be done at the time of sentencing.

That is an injustice because so many times offenders are released back into society they immediately reoffend and are put back into the system again. That is at a great cost to the taxpayer, but then an unnecessary victimization is taking place because the crown or the government, corrections Canada, has chosen not to make that application at the very front end. There should be a provision to make an application of dangerous offender at any time during the incarceration of that offender.

I looked at some offences that took place in my own riding. I am going to make mention of one in particular, a fellow by the name of James Tocher, a pedophile. As far as I am concerned a pedophile is a dangerous offender, but there is no provision for that classification in Bill C-55 presented by the justice minister.

The justice minister for one reason or another has failed to expand this whole area of dangerous offender.

Mr. Tocher has been charged on numerous occasions with pedophilia. The last account was for three young boys he attacked in Calgary this year. He is subject to sentencing. He is a former hockey coach and he made these attacks, these manipulations, very carefully. Unfortunately pedophiles are very devious people in the sense that they manipulate their way so that they can get a hold of children almost at anytime.

Since 1984 Tocher has been in and out of prison. He would spend a few months in prison, be released for a few months more after reoffending and then be released and reoffend. He has been before the courts five or six times and all basically relating to the same thing.

After the second time I would suggest that this man should not walk the street, and yet this is the case. He has been in and out, in and out, and no application made. It is often the case that the crown will not proceed in that fashion because it costs too much. The cost of victimization and revictimization is much higher than what dollars and cents would be to hear the case and make an application for dangerous offender.

A man like Tocher should be classified as a dangerous offender right off the bat or at anytime during that first sentence served. Once he has served his sentence and it is clear that he is going to reoffend the application can be made again and his time extended and extended if necessary.

That is one of the other provisions that we had made in our review of this legislation, as an amendment, that after 15 years if it is clear that this person is a dangerous offender and is going to reoffend then at that time there would be an opportunity for review, not in the short order provisions that have been placed by the justice minister on Bill C-55 where he has extended it from three years to seven years. We would like to see the review take place after fifteen years of time served.

I have colleagues who are going to speak to this area to a much greater degree. My colleague from Surrey-White Rock-South Langley will certainly do that.

A third point that we feel is very necessary and again dealing with dangerous offenders is the sentence served upon second conviction of a personal injury offence would be an indefinite one. The subject has not learned his lesson the first time. By being subjected to a second offence and through the court hearing it would be an automatic indefinite sentence and a minimum service of time of 15 years. We are designating that as two strikes and you are out. In California is a law where there is a three strike provision which has certainly targeted a small element of the criminal society. It has put them under a restraint that takes any violent offender out for life. This is one area that we would like to see extended into our provisions in the Criminal Code. Here is the opportunity for the Liberal government to do exactly that.

I want to quickly point out that when it comes to long term offenders we would like to see that list of offences include many of the sexual offences and especially sex crimes against children. Those are our four amendments. My colleagues are going to deal with each one of those in a broader context. I am trusting that the Liberal government and those in this House will take consideration of what has been provided for here and vote in favour of the amendments.

Canada Marine Act April 14th, 1997

moved:

Motion No. 100

That Bill C-44 be amended by adding after line 7 on page 56 the following:

96.1(1) The Minister may designate any person as a peace officer for the purposes of law enforcement at a port authority, public port or any other location specified in this Act.

(2) Any person so designated shall enjoy all of the authority granted to members of the Canada Ports Police as defined under the Canada Ports Corporation Act, including the enforcement of this Act.

(3) All members of the Canada Ports Corporation Act are continued as member of the Canada Port Police pursuant to this Act.

(4) The Minister shall assess the costs associated with the deployment of the Canada Ports Police at a Port Authority and include them, or any portion of them, as a charge against the Port Corporation pursuant to section 6( h ) of this Act.''

Motion No. 101

That Bill C-44 be amended by adding after line 9 on page 69 the following:

"119.1(1) Peace officers appointed and continued pursuant to Section 96.1 of this Act shall be subject to the provisions of the Public Service Staff Relations Act, the Financial Administration Act and are deemed to be employees of the Crown in Right of Canada.

(2) All collective agreements in force, and any grievances thereto, in relation to peace officers continued pursuant to section 96 of this Act are continued as if the Crown in Right of Canada was the original employer in the agreement."

Criminal Code April 14th, 1997

Mr. Speaker, I certainly do not think it is appropriate at age 14. In fact I believe that the age should be kicked back up to 16 for sure but even as high as under 18 years of age. I have seen time and time again violations of young women by much older men. Because the age limit is so low right now, this whole

argument of consent comes into play. Some horrible offences take place even with young women as early as 15 or 16 years old and their perpetrators walk free because of the age of consent aspect in sexual matters.

Criminal Code April 14th, 1997

Mr. Speaker, I thank the member for his question. One area of debate has been neglected in Parliament: the selection of judges, the judiciary and how judges are appointed.

For too long the input from the average person into our criminal law has been shut out. There has not been consultation. Most of the laws and changes to the law that have come about in the various bills have been as a result of a very narrow focus on the part of the justice minister and this government.

For too long people have been sitting back, as have parliamentarians, and letting it happen. From what I can tell, they have not had a debate on some of these issues for some years. If they have I do not know when it was because we sure did not see it reported anywhere.

First we have to again look at the judges that have been selected to date. Many of them appear to have a certain philosophical point of view that is much in keeping with the legislation that is coming from the government. We are going to have to put a different selection process in there for the judiciary. Anyone who abuses a position, like offering a conditional sentence for a proven rape, should be fired. There should be some way to fire a judge. That is not something that happens very often. We are really going to have to examine the whole selection process and put some checks and balances into the whole process.