Mr. Speaker, I speak to the motion as someone who is not a lawyer, someone not involved in police work and never has been. Perhaps I can offer a slightly different viewpoint and hopefully a constructive one.
The member for Surrey-White Rock-South Langley tended to mix together two types of offenders, the sex offender, a paedophile and so on, and the psychopath. These are two very different types of people with different problems.
In the cases of the sex offender and the psychopath it is acknowledged that both know right from wrong. However, some sex offenders, no matter how horrendous their crimes, feel remorse. They may be driven by a form of compulsion. The difference between that type of person and a psychopath is there is no remorse. Sometimes there is no compulsion either.
I cannot accept that a Paul Bernardo necessarily will offend again. I cannot accept that he is necessarily driven by compulsion. There are instances of people driven by compulsion who know remorse and are a danger in the sense that they will repeat the crime. However, it may not be a crime as horrendous as we saw in the Bernardo case.
The motion is deficient and does not serve as an adequate deterrent factor. We run the risk by giving so much power to psychiatrists of incarcerating some sex offenders indefinitely. However, we still will not stop the Paul Bernardos of this world. These people commit those crimes because they lack any basic human compassion. Whatever the crime, it may be for fun, not compulsion.
Passing a law which increases the probability of putting people away indefinitely is not the way to deal with the Paul Bernardos of the world.
My Reform colleagues may be surprised when I suggest that in the case of the genuine psychopath, the serial killer and the person who stalks and kills children deliberately for games, for fun, the only deterrent is a capital punishment deterrent.
These are the people who must be defined very carefully. I do not want to see capital punishment come galloping back into the the House as an issue. However, This type of legislation does not get at the type of person I believe the member for Surrey-White Rock-South Langley is really after.
The genuine serial killer, the person who does it for fun, is not worried about going to jail indefinitely. This will not stop the person at all, whereas capital punishment very narrowly defined for this type of person would fit the bill perfectly.
When we look at it that way we have to question whether to bring in legislation that addresses the type of sex offender who does know remorse but can reoffend. As we heard from the Parliamentary Secretary to the Minister of Justice, the current legislation does not address that type of person. He is required to be judged by the courts about whether he reoffends.
It is very dangerous when one starts to look at people who have a genuine sense of wrongdoing, a genuine sense of remorse. We run the risk of giving them no hope whatsoever of coming back to society. The motion goes too far in one way and not far enough in the other.
If it were possible to define capital punishment that narrowly, as in the Paul Bernardos of the world, I do not think the member's motion would be sufficiently constructive at this time.