Mr. Speaker, I am pleased to rise on behalf of the residents of Surrey Central to participate in the debate on Bill C-32, an act to amend the Criminal Code and other acts.
I listened to the minister's speech very carefully. Some of the things the minister has proposed have been long overdue.
The bill would amend the Criminal Code to establish more serious offences for placing a trap that could harm someone; emphasize that the use of reasonable force on board an airplane to prevent the commission of an offence is permitted; comply with a court decision regarding weapons searches; and create an exception to the offence of intercepting private communications to protect computer systems. These are the various elements of the bill.
I am particularly pleased to see that the bill would create a Criminal Code offence of setting a deadly trap in a place used for a criminal purpose. This would protect first responders, like firefighters, police officers or other law enforcement officials, who respond to an incident by going there first and then falling into that trap.
The lives of these firefighters and police officers could be endangered by entering such a place in the performance of their duties. Therefore it is our responsibility to protect them.
The maximum sentence for this offence depends on the outcome of the situation. It is generally 10 years. If injury occurs, the maximum sentence is 14 years. If death occurs, the maximum sentence is life imprisonment.
Currently section 247 of the Criminal Code provides for the offence of setting a trap with a maximum sentence of just five years imprisonment.
The House will recall that in 2001 I introduced Motion No. 376 which called upon the government to amend the Criminal Code to expand the definition of first degree murder to include the death of a firefighter acting in the line of duty and to add language that addressed the death or injury of a firefighter engaged in combating a fire or an explosion that was deliberately set. We debated the motion in March of last year. I am very happy to see that the government is finally addressing this important issue through Bill C-32.
Everyone recognizes that firefighters play an important role in our Canadian society, protecting persons and property as they rescue their fellow citizens and extinguish fires. We acknowledge that firefighting is a hazardous occupation with the inherent risk of injury or death. Firefighting is four times as hazardous as any other occupation but commands the highest public trust and respect; more than any other profession.
The number of deaths and injuries sustained by firefighters continue to rise in Canada. When such casualties are the result of either deliberate action or carelessness on the part of members of the public, then a true tragedy occurs. It is saddening to know there were 13,724 arson fires in Canada last year. I was alarmed that over 30%, or one-third, of fires in my home community of Surrey were as a result of arson.
A high percentage of them contain booby traps. There have been arson fires in schools. There have been arson related fiery explosions in residential neighbourhoods. These fires are disturbing. Some are caused purely by mischief, but many more have been set with more sinister intentions of covering up illegal activities like marijuana grow ops, methamphetamine labs or other drugs or illegal trade organized crime related activities.
At other times firefighters respond to calls only to find the premises booby trapped with crossbows, propane canisters ready to explode, cutaway floorboards or other serious but intentional hazards. It has also been reported that the criminals, those monsters, will tie wires to the doors and when the doors are opened to the premises weapons will fire at the individual or some sort of explosion will take place. Even the electric power switches have been connected to such disastrous tools. These malicious devices are intended to kill or injure anyone who interferes with a drug operation, including firefighters, police officers and other law enforcement officers.
Firefighters in Surrey are especially at risk considering the growing number of marijuana growing operations that plague the city. The RCMP recently announced that there are 4,500 marijuana grow ops in the city of Surrey. That represents about 6% of the city's households. It is said that there is not one block in Surrey where one cannot find a marijuana grow op. Marijuana grow ops are probably a $6 billion industry in British Columbia.
In one neighbourhood there is a street with 12 houses, nine of them built in the last year and a half. Six of the 12 houses have been linked to illegal marijuana grow ops. These are not mom and pop operations. They are controlled by organized crime, often by gangs who are increasingly buying new homes to conceal their illicit crops.
B.C. Solicitor General Rich Coleman believes the problem stems from the way in which the Canadian judicial system treats marijuana cultivation and trafficking. While in neighbouring Washington State a first offence carries a minimum three month jail sentence, in British Columbia a person can be charged seven times and never see the inside of a jail cell. According to Mr. Coleman, in British Columbia 82% of people charged do not go to jail or even receive a serious fine. They receive a slap on the wrist and off they go. Sometimes the fines are so low and the value of the crop is so high, even from one plant sale, that they can pay the fine and the rest is profit. It is shameful.
In the 2001 B.C. yellow pages there are 508 advertisements for hydroponics equipment. For obvious reasons, I do not think it is because everyone is growing hydroponic orchids. There have even been TV ads selling hydroponic equipment. For what? Just for marijuana grow ops.
The glaring deficiencies within the Criminal Code of Canada fail to allow on duty firefighters the same provisions as on duty police officers, which places their lives at greater risk. Instances are becoming more prevalent where firefighters working in cooperation with law enforcement officers are used on the front lines to break down doors or other barriers to drug related operations and labs. In these cases the armed police officers are standing behind the firefighters who are the unarmed first line of defence out there on the front lines.
The situation is getting worse. These drug related incidents are regrettably on the rise. Realistically, the work environment of firefighters has been dramatically altered.
It is time that our law afforded protection under the Criminal Code for our firefighters who serve and protect communities in the line of duty. At least there should be some deterrent in place, not a motivation to commit a crime or such serious criminal activities. A deterrent is needed.
The Criminal Code needs to be strengthened by including criminal infractions, such as deliberately setting fires or causing some other kind of explosion or hazard that needlessly places the lives of firefighters at risk. It is imperative that legislative amendments be made as promptly as possible to afford protection to the men and women who place their lives at risk in the service of our communities.
My motion called on the government to amend subsection 231(4) of the Criminal Code dealing with first degree murder and section 433 dealing with the offence of arson to specify that a person is liable to a minimum of life imprisonment. I received many letters of support for my motion from firefighter groups both locally and nationally.
On behalf of its 17,000 Canadian members, the International Association of Fire Fighters repeatedly expressed its support for my motion and in fact, appreciation for my efforts on behalf of its members.
The Surrey Firefighters Association, on behalf of its 350 members in my riding, the professional firefighters of the city of Surrey, expressed its appreciation and support for the motion which was debated in the House. However, the Liberal members did not support it and of course it was not votable. I was not lucky to win a draw to make it votable.
The Canadian Association of Fire Chiefs has 1,000 members. Its executive committee unanimously supported that motion and applauded me for my efforts.
It is time our nation protected the protectors. I am pleased that the government is finally listening today.
Let me move on to consider some of the other amendments proposed in Bill C-32.
Bill C-32 proposes to amend the firearms search and seizure warrant provisions of the Criminal Code to bring the law into line with the recent Ontario Court of Appeal decision in R. v. Hurrell.
Section 117.04 of the Criminal Code sets out the procedure for a peace officer to apply for a warrant to search for and seize weapons, prohibited devices, ammunition, explosives or any licence, authorization or registration certificate for such items based on public safety concerns.
To obtain such a warrant the peace officer must satisfy a justice that there are reasonable grounds to believe that the person possesses these things and that it would not be desirable, in the interest of safety of course, to let the person continue to possess them.
In R. v. Hurrell, weapons searches under section 117.04(1) of the Criminal Code were ruled unconstitutional. The court found that the warrant application section did not include enough protection of individual rights since it was not clear that a peace officer had to have reasonable grounds to make an application for the warrant.
The court gave Parliament time to react to the decision. This amendment is the result of the time given to Parliament to deal with this issue.
The bill amends the Criminal Code to require that an officer must have reasonable grounds to believe that a person is in possession of a weapon and that it is not in the interest of the person to possess the weapon before a warrant may be issued.
The bill also provides for the civil enforcement of restitution orders. That is the third element of the bill. On occasion, offenders convicted of a crime are ordered to make restitution to their victims. Often this involves an order to pay a certain amount of money as compensation for the wrong committed or the injury suffered.
Currently, criminal restitution orders are only enforceable by a civil court action if the order is separate from the sentencing order. The amendment will allow civil enforcement of all restitution orders. It will thus make it easier to collect money owing under an order.
Bill C-32 also amends the Criminal Code to explicitly recognize that everyone on board any aircraft in Canadian airspace is justified in using reasonable force when he or she believes it is necessary to use force to prevent the commission of a criminal act that could endanger the safety of the aircraft or its passengers. We know that security issues are important.
Currently Canadian law recognizes this right, but it is not explicitly stated. The bill also clarifies that this justification also applies on board Canadian registered aircraft in flights outside Canadian airspace. The amendment will ensure the full effect of the Tokyo Convention On Offences and Certain Other Acts Committed on Board Aircraft.
Finally, Bill C-32 also contains amendments that may prove to be somewhat controversial due to perceived infringements on an individual's privacy.
Amendments to the Criminal Code and the Financial Administration Act would allow information technology managers in both government and the private sector to disclose the contents of private communications intercepted by intrusion detection systems, also called IDS, in certain circumstances.
The Criminal Code amendments allow for disclosure of intercepted private communications if the disclosure is necessary for the protection of a computer system and if the disclosure is made appropriately.
Intrusion detection is an essential part of information technology management intended to protect computers, networks and data and to ensure quality of service.
A number of systems or products exist to detect attacks on computer systems by hackers, viruses, worms, et cetera, and to alert human operators. We have all experienced that. Even in the House of Commons we have experienced that.
Some systems protect networks by identifying and intercepting suspicious electronic communications, including some that may be private communications. Those messages can be analyzed to determine if they contain a malicious program code, such as a computer virus that could attack a computer system and the data it contains.
Statistics confirm that cyber crime is growing and has a global reach that affects large corporate giants, government agencies, small companies and individuals at home. The amendments to the Criminal Code and the Financial Administration Act would allow information technology managers to protect their computer systems from electronic communications, such as these viruses that could harm them.
The Criminal Code amendment would create exceptions to the offences of intercepting a private communication and of disclosing its contents to ensure quality control in the communications industry.
The provisions of the bill relating to setting traps, use of force on an airplane and civil enforcement of restitution orders are all causes worthy of support.
The amendment regarding warrants for firearms searches is really nothing more than a response to the court decision. As a consequence, firearms owners should be more protected from an unreasonable search under this section.
The provisions regarding disclosure of private communications may prove to be controversial but the Criminal Code already provides for several exceptions where private communication can be intercepted and disclosed. The protection of computer systems is an important objective for government and businesses. Therefore incidental disclosure of private communications for this purpose may be tolerable.
If some of these measures had been taken a long time ago, particularly when I had my motion in the House which was debated last year, I believe some of these elements would have already been enshrined into law and many more firefighters and police officers would have been protected by now. However the government has taken too long to listen to Canadians and to incorporate these aspects into the law.
The safety and security of Canadians and their property is the stated objective of the Canadian Alliance policy. We recognize the rights of victims of crime and will introduce programs of financial restitution from the offender to the victim as a component of sentencing and parole. I believe some of the objectives of the elements of the bill I mentioned are consistent with what our policies have long called for. I wish the government had introduced these elements into law a long time ago.
I will support some of the components of the bill. I am sure the government will review some of the other elements, such as privacy, the inspection of firearms and other elements of the bill.