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Crucial Fact

  • His favourite word was aboriginal.

Last in Parliament September 2008, as Conservative MP for Portage—Lisgar (Manitoba)

Won his last election, in 2006, with 70% of the vote.

Statements in the House

Criminal Code May 8th, 2003

moved that Bill C-416, an act to amend the Criminal Code and the Youth Criminal Justice Act (sentencing principles), be read the second time and referred to a committee.

Mr. Speaker, on July 15, 2000, Valentino Harper was found guilty of manslaughter. He broke into the apartment of George Monias and beat him severely. While Mr. Monias lay on the floor, Mr. Harper took a 43 pound television set and dropped it on Mr. Monias' head, killing him.

On December 21, 2001, near Russell, Manitoba, RCMP constable Dennis Strongquill was fired upon by Robert Sand when he attempted to pull over a truck driven by Sand's brother. The brothers proceeded to pursue the constable back to the detachment where they rammed his cruiser trapping him. Robert Sand then fired four shotgun blasts into the body of the police officer. Constable Strongquill did not survive the attack.

Besides the horrible nature of these two events, what do they have in common? In both cases the assailant is of aboriginal descent, as is the victim. In both cases the lawyer has argued for a more lenient sentence based on the criminal's race. In both cases the judge must take into consideration the race of the guilty offender when making a sentencing determination.

However that has not always been the case. Since the Liberals made amendments to the Criminal Code in 1996, Canadian justice is no longer blind. It now peeks out from under the blindfold and checks to see what race someone is. Like the American Express card, a status card now has its privileges.

However a status card is not supposed to be a “get out of jail free” card. My bill would delete nine words from the Criminal Code and from the Youth Criminal Justice Act that instruct judges to pay “particular attention to the circumstances of aboriginal offenders”. Why did the government introduce this specific provision?

We know that as a percentage of the population of our country, aboriginal offenders are disproportionately represented in our penal institutions. The Liberal government wanted to appear sensitive to that reality so, rather than confront the root causes of the crime at the preventative stage, it decided that it would appear to address the problem after the crime had been committed. This created the present predicament where the old adage “Do the crime, do the time”, has been amended and now says “Do the crime, do the time, unless you're Indian”. That is flawed for several reasons.

First, the amendment is based on the erroneous assumption that judges have been discriminating and victimizing aboriginal Canadians. Professors Philip Stenning and Julian Roberts, in the Saskatchewan Law Review , wrote:

Recent data do not sustain the view that judges systematically discriminate against aboriginal offenders at the sentencing stage. Clearly there is a problem with the disproportionate numbers of aboriginal people in prison but the available evidence overwhelmingly suggests that these individuals did not get there through discrimination at the sentencing stage.

Second, there is no mention in the 1996 Royal Commission on Aboriginal Peoples' report that the sentencing process contributes in a significant fashion to the over-representation of aboriginals in correctional facilities. It makes the frank admission that the over-representation of aboriginals in the correctional system is attributable to the substantially higher crime rate in aboriginal communities and for aboriginals.

This is the reality that must be changed.

Third, combined with the fact that aboriginal offenders commit more offences against the person, which are generally considered far more serious crimes, and that they have longer prior records, one would tend to believe that the median sentence would be longer for aboriginal offenders than for non-aboriginal offenders. That is not the case.

Carol La Prairie, who is a noted scholar and justice researcher, argued in a recent paper that data prior to the amendment revealed that at the federal level non-aboriginal offenders were being given longer sentences. I will quote from that report: “Aboriginal offenders are receiving significantly shorter sentences for attempted murder, assault causing injury and robbery”.

Therefore, discrimination against aboriginal offenders, according to the evidence, is not and has not been the problem.

By reducing sentences based on race, Canada's justice system disrespects the victims of those crimes. The majority of the victims of the crimes of aboriginal perpetrators are in fact aboriginal people themselves. According to the latest Statistics Canada figures, 35% of the aboriginal population in this country reported having been the victim of at least one crime. Aboriginal people are also more likely to be repeat victims. Aboriginal people experience violent crime at a rate that is nearly triple that for non-aboriginal people, and rates of spousal violence are also alarming. Approximately 25% of aboriginal women reported having been assaulted by a current or ex-spouse, compared to 8% for non-aboriginal women.

When we discount the sentences of aboriginal criminals, we discount justice for the victims of those crimes, an approach which uses racial generalizations to attempt to alter the rate of aboriginal incarceration, which introduces a new concept to our justice system: the concept of volume discounts for crime. More important, it places communal circumstances over individual responsibility. It is choosing criminals over victims.

On January 17, 2003, Clinton Derrick Byrd was found guilty of sexual assault. He had forced his wife to commit bestiality with a dog. He had been engaging in sex acts with his daughter, including sexual intercourse, for over 10 years. This behaviour commenced when she was not yet two years old. Why do the victims of this man's crimes, his wife and his own daughter, not deserve the full and equal protection of our justice system?

Constable Dennis Strongquill leaves behind six children. Why should their father's murderer receive leniency because he is an aboriginal man? Dennis Strongquill is an aboriginal. Dennis Strongquill's six children are aboriginal. Surely they deserve the equal protection of our justice system.

There is no other jurisdiction in the world that has followed our example, none that includes race as a factor in sentencing. By adding a racial distinction in the sentencing provisions of Canada's Criminal Code, the government has implied that aboriginal Canadians, by virtue of their ethnicity, are more likely to commit crimes. This stigmatization is intolerable. It offends all Canadians. Let me quote from an editorial in The Globe and Mail : “We do not endorse the Balkanization of the justice system with distinct sentencing rules based in any way on skin colour or ethnicity”.

But that is what has happened. The government has Balkanized our justice system and in so doing it has unfairly stigmatized aboriginal people. People who listen to these arguments are not convinced.

Aboriginal Affairs May 8th, 2003

Mr. Speaker, that is totally irrelevant and is of absolutely zero comfort to the victims of crime.

If there were a maximum sentence imposed it might be relevant but it is not relevant. Justice is supposed to be blind. It is not supposed to be peeking out from under a blindfold to see what one's skin colour is.

The government should be ashamed of having this provision. This is the only country in the world that asks judges to be social workers and asks judges to peer out and see what the race of the offender is.

Liberal justice is two tier justice. It is race based justice. It is colour coded justice. The Canadian Alliance believes that Canadians are equal before the courts and aboriginal victims of crime deserve equal justice.

I ask the government to--

Aboriginal Affairs May 8th, 2003

Mr. Speaker, my question concerns the Liberals' Criminal Code provisions that instruct judges to be more lenient to aboriginal criminals.

We on this side of the House understand that discounting sentences for criminals means discounting justice for their victims. In the near future the murderer of RCMP constable Dennis Strongquill may be given a more lenient sentence because of his aboriginal status.

If Dennis' six children were to come here and ask the government to explain why they do not deserve equal, equitable justice in this country, what would the government say?

First Nations April 29th, 2003

Mr. Speaker, Canada's first nations and the Canadian Alliance agree that the First Nations Governance Act fails to make significant reforms in the following areas: housing, infrastructure, property and women's rights.

Like the Indian Act, this legislation is the result of good but ill-considered intentions. It is being imposed in a mandatory and unilateral fashion. The old legislation has tarnished the past; the new legislation will stain the future.

The government is just tinkering around, when what is needed are real changes. Covering its ears and saying, “I cannot hear you” will not help it to improve the lives of Canada's first nations. Working together will be a step in the right direction. It is time to listen.

Aboriginal Affairs April 28th, 2003

Mr. Speaker, the minister is somewhat hilarious but not hilarious to those who oppose the legislation, and that is virtually every Canadian who has read it. Like a stubborn little boy, he covers his ears, stomps his feet, jumps up and down and says, “I can't hear you. I can't hear you.” It is time for him to start listening.

The Canadian Alliance wants to see the minister and the government address serious problems. The Canadian aboriginal population wants the same.

What about home ownership? What about property rights? What about women's rights? What about human rights? What about the equality for aboriginal Canadians to be treated as Canadians?

Aboriginal Affairs April 28th, 2003

Mr. Speaker, the problem with the government's first nations governance act is that it fails to demonstrate any understanding that it has learned from the failures of the past.

The thin-skinned Indian affairs minister wants us to go back to the future to an approach that is both dictatorial and top down. That is exactly the approach the governments of the past took; a father knows best approach, which is unilateral. Governments of the past did not listen and this government is not listening now.

The first nations governance act, like the Indian Act, is well intentioned but it is clumsy, unilateral and imposed.

One stains our past. When will the minister realize that the other threatens to endanger and stain our future as well?

Justice April 11th, 2003

Mr. Speaker, what Iraqis do not have, Canada does not have either and that is a justice system that treats all its citizens equally.

The Liberal Criminal Code now instructs judges to provide more lenient sentences to aboriginal offenders specifically. Given that the majority of the victims of those crimes are aboriginal people themselves, how could that possibly be fair to the victims of those crimes?

The Deputy Prime Minister yesterday attacked his rival for being ambiguous and vague and he has the chance to quit doing the seven veils dance here and answer a clear question. Does he support a justice system that is blind to race?

Iraq April 11th, 2003

Mr. Speaker, the reconstruction of Iraq must include rebuilding not just buildings but also institutions, including the justice system.

Given the longstanding discrimination against ethnic minorities especially in Iraq, and given the Deputy Prime Minister's commitment to clarity in his answers, I would like to ask him, will he support the establishment of a justice system in Iraq which ensures equality to all of its citizens?

Aboriginal Affairs April 11th, 2003

Mr. Speaker, a fire truck pulls up to a blazing house on the Long Plain Indian reserve. The crew works feverishly to get the inferno under control. In the middle of a group of onlookers sits a man on a couch and beside the couch is a television set. The fire chief approaches the man and inquires, “Is this all you could get out?” The man looks up and slowly replies, “In a couple more payments, I will own these”.

Most of Canada's on-reserve aboriginal people do not own their houses. For all intents and purposes the chief does. The result is that chiefs regularly receive calls to repair window screens and doorknobs. On-reserve aboriginal Canadians have been made permanent tenants by a flawed system.

This week the Auditor General detailed the massive, visionless failure of the old Liberal approach. The Canadian Alliance says that we need a new approach. We need an approach that gives aboriginal Canadians what we all take for granted, the opportunity to own their own homes.

Justice April 9th, 2003

Mr. Speaker, all Canadians that we know do not support inequality in the justice system. Race should never be a factor in sentencing.

Constable Dennis Strongquill was an aboriginal man. The consequences of his murder are that his wife and his children lost a husband and lost a father and Canadians lost a hero and a role model.

Justice is something we all deserve. In particular, the families of victims deserve it. Justice is supposed to be blind, so why should justice be peeking out from under a blindfold to see if someone is an aboriginal, or if someone has a--