Mr. Speaker, it is my pleasure to have the opportunity to begin debate on Motion No. 461. I believe it is especially appropriate to speak to this motion today.
Earlier this afternoon I introduced to the House a petition that had been collected by the Melanie Carpenter Society. The petition had over half a million signatures, to be exact, 506,285 names. The petitioners ask Parliament to enact legislation that would keep dangerous offenders, especially dangerous sex offenders, off the streets of our country. The first of the nine items on the petition states: That dangerous offenders and pedophiles should be locked up for life.
As fate would have it, that is what we are debating today. The motion that I introduced jointly seconded by my colleague from Calgary Southeast, is targeted against sexual predators. It is an effort to get these offenders off the streets after their first conviction, not the second or third conviction which is often the case now.
The motion asks that once an individual has been convicted of aggravated sexual assault, sexual assault with a weapon or sexual assault that has been proceeded with by way of indictment or any sexual offence where the victim is a child, the convicted offender must be examined by two psychiatrists.
If the two psychiatrists conclude that the offender is likely to commit a similar crime in the future, the attorney general shall direct that a dangerous offender application be initiated. The convicted offender would then have a dangerous offender hearing where the crown would have to prove beyond a reasonable doubt that the offender was likely to reoffend.
This motion carefully balances the rights of the offender and the protection of society. The motion only applies to convicted offenders. Two psychiatrists have to conclude that the offender is likely to reoffend. Then the crown has to prove beyond a reasonable doubt before a court that the offender is likely to reoffend.
Society is protected by having early identification of dangerous sex offenders. Some may ask if this is possible. Not only is it possible but science is moving quickly in this regard.
While I was conducting research on my private member's bill, Bill C-240, I came across the work of Professor Robert Hare of the University of British Columbia. Professor Hare teaches in the psychology department and is the leading authority in the subject of psychopathy. Professor Hare and his colleagues have developed tests to identify psychopaths for Correctional Service Canada as well as the prison systems in Washington and California states.
It is generally accepted that these tests have an 85 per cent accuracy in identifying psychopaths. Some may argue that not all psychopaths are sex offenders and that is true. With this motion we would only be concerned with those psychopaths who were convicted of a serious sexual assault or pedophilia.
If two psychiatrists conclude that someone who has just been convicted of one of these offences is a psychopath, then if our society values its protection he must be found to be a dangerous offender.
In this instance we are talking about people like Clifford Olson, Paul Bernardo and Fernand Auger. I would like to use Auger as an example. We all know Auger as the man who kidnapped Melanie Carpenter from her place of work in Surrey, B.C., drove her out to the Fraser canyon where he sexually assaulted and murdered her. Auger was on parole at the time of this crime not for a sexual offence, but for robbery.
However 10 years earlier Auger was convicted of sexual assault or more precisely, two instances where he committed extremely violent sexual assaults. One instance involved a 17-year-old prostitute, the other involved a 14-year-old prostitute. In both cases Auger picked up these girls, drove to a secluded location, put a gun to their heads, threatened to kill them and the raped and sodomized them.
Arrested and convicted for both crimes, Auger received the remarkably lenient sentence of two years less a day and served his time in Ontario's provincial system. Why such a light sentence? As a Correctional Service Canada spokesman stated to a CBC reporter last March, Auger's crimes were not viewed as being violent because the victims were prostitutes and this implied a level of consent.
However, after a subsequent conviction for robbery Auger ended up receiving a sentence in a federal institution. He submitted himself to a psychological review as part of a parole application. It was at this time that the true nature of Auger's personality came to light. Auger's psychological assessment reads as follows: "Appears to employ defence mechanisms, such as minimization,
rationalization and displacement to justify his criminal activity. He has a fairly advanced anti-social personality disorder".
In August 1994 the National Parole Board denied Auger parole, stating he was a high risk to reoffend. Unfortunately, because of the way the Corrections and Conditional Release Act is written, Auger was required to be released a few months later and because of this Melanie Carpenter is no longer with us.
I am confident that had Auger been examined by two psychiatrists for his assaults on the two teenage prostitutes in Toronto, his anti-social personality would have been uncovered at that time. Had he been found to be a dangerous offender, he would have received an indefinite sentence.
Contrary to what some may think, an indefinite sentence does not mean to lock them up and throw away the key. What it does mean, however, is that the offender is kept in custody until the parole board is convinced that the offender does not pose a serious risk to society.
It is mainly up to the offender to determine how long the sentence will be. If the required treatment is taken and shows real progress, it need not be a long incarceration. Parole eligibility is after three years and then every two years thereafter.
The greatest value of the indefinite sentence is twofold. First, for those offenders who show no inclination of rehabilitation, there is no pressure on the correctional system to get them ready for release, whether they are prepared or not.
Second, for those who are released, the justice system can closely monitor their activities in the community. If this had happened in Auger's case, maybe two people would still be alive, Melanie Carpenter and Fernand Auger.
I believe this motion is sound. It satisfies not only the Reform Party's objectives for public safety, but the red book objectives of the Liberals to protect women and children.
Similarly, the justice critic for the Bloc Quebecois has frequently expressed her concern for the safety of women and children. I only hope that she is equally concerned about protecting them from sexual assault, sexual predators, as she is from protecting them from firearms.
This motion targets only a small percentage of the Canadian population, sexual predators. I fully agree with the over half a million individuals who signed the Melanie Carpenter Society petition, who believe that dangerous sex offenders and pedophiles belong behind bars, not on our streets.