Mr. Speaker, it is my pleasure to speak today at second reading of Bill C-393, introduced by the member for Leeds—Grenville.
As with all private members' bills, the basic goal is always the same—to improve the laws in order to improve the environments in which our constituents live.
In this case, we are talking about Bill C-393, which would amend the Criminal Code to increase the punishment and impose a minimum punishment for the commission of an offence with a concealed weapon, be it a knife or a firearm.
At the same time, the bill would amend the Criminal Code so that only the actual time spent in pre-trial custody is credited toward a term of imprisonment when the judge hands down the sentence. I will come back to this amendment later.
Finally, the bill would amend the Corrections and Conditional Release Act so that victims’ interests are taken into account during the conditional release process.
The bill introduced by the member for Leeds—Grenville deserves to be studied further because it contains both positive and negative aspects. I will start by presenting the negative aspects of this bill.
First, the bill proposes tougher mandatory minimum sentences for offenders. Here again, we see the Conservative Party's mantra: impose mandatory minimum sentences. The Bloc Québécois does not necessarily support that. That way of thinking is harmful in the sense that there are no identical crimes, just as there are no identical offenders or identical circumstances. As such, minimum sentences can often be detrimental.
This would also have a negative impact on the freedom of the judge who must assess circumstances that differ from case to case. It is important to understand that the context of each crime must be considered in order to hand down an appropriate sentence. Imposing mandatory minimum sentences would needlessly tie judges' hands. When judges sentence an offender to prison, they take into account the offender's degree of responsibility, the seriousness of the offence, and the best way to serve justice while increasing the likelihood of rehabilitation.
A closer look reveals that section 90 of the Criminal Code already sets out a maximum 10-year sentence for individuals who commit crimes involving concealed weapons, whether knives or guns. A maximum sentence has been established. Of course, the judge is free to consider the circumstances and the individual's record. In some cases, a minimum sentence may not necessarily be appropriate.
Furthermore, heavier minimum sentences do not necessarily dissuade people from committing crimes. Recently, I was saying that would-be offenders decide against committing crimes because of the likelihood of being caught and charged, not because of the sentence they might receive. Also, it is hard to believe that an individual would read the Criminal Code before committing a crime in order to choose a crime that carries a lighter sentence.
Once again, prevention is the only proven way to proceed. Quebec is a good example that proves that prevention and rehabilitation produce results: we have a lower crime rate than anywhere else in North America.
Nonetheless, Bill C-393 includes aspects that merit much more thought in terms of their effects. Incidentally, when we are talking about considering the question of eligibility for parole, the idea that the interests of victims have to be taken into account and forums provided for doing that is not bad in itself. Of course, the principle should be examined together with a number of other factors. Nonetheless, the principle does merit, if not adoption, a thorough examination as part of a more comprehensive study.
Regarding parole, on June 15 my party made a number of reasonable suggestions about parole to respond to all of the members of the public who would like to have a more balanced system, one that is better suited to the new social reality, that has a real influence on crime, but without the ideological hard line taken by the Conservatives.
One of our proposals was to eliminate what is now virtually automatic parole after serving one-sixth of the sentence, to remedy some of the bizarre and most often criticized situations, such as sentences for economic crimes, for example, that result in imprisonment for only a few months.
Similarly, we proposed that we end the virtually automatic statutory release that occurs after an inmate has served two-thirds of his or her sentence, by instituting a formal assessment of inmates by a professional to determine the overall risk of recidivism that they present for the community.
These are only a few examples among many where the Bloc Québécois has eloquently demonstrated that it is actively responsive to the needs of Quebeckers in relation to the justice system. And this brings me to the second point in Bill C-393 that deserves consideration.
The bill proposes that only time “spent in pre-trial custody is credited toward a term of imprisonment”. To be clear on this, section 719 of the Criminal Code provides that before determining sentence, a judge may deduct two days for each day spent in custody before trial from the final sentence imposed on the offender. It therefore creates a double time phenomenon which, in my view, brings the administration of justice into disrepute. It is also very exasperating for the victims and their families, who sometimes see offenders released within a short time after committing their crimes. At the least, days spent in custody before sentence should still count, but as straight time only.
Thus, Bill C-393 would establish that in all cases, the credit granted would be calculated on the basis of one day of imprisonment for each day spent in pre-trial custody. Furthermore, the credit would not be granted to individuals who are being held by reason of previous convictions or as a result of the review or revocation of an order to release the person.
This is an interesting proposal and one the Bloc Québécois supports. I remind members that this idea was in our constructive approach to justice matters unveiled last year. The people of Quebec know this: we are not a silent opposition. We, the Bloc Québécois, are pragmatic and can keep things in perspective when it comes to introducing good practices in order to fight crime more effectively and ensuring that the public has confidence in their justice system.
In conclusion, in light of the arguments I have presented in this House, Bill C-393 in its current form has some positive aspects and some negative ones. However, minimum penalties and their negative effects that have been discussed many times in connection with previous bills are not the solution to help Bill C-393 meet its objectives. Consequently, like my Bloc colleagues, I will not support the bill of the member for Leeds—Grenville.
Let us be clear. I never once doubted the member's desire to better protect the public. We have all directly or indirectly been witnesses to incidents involving concealed weapons. But as I was saying, there are already provisions in the Criminal Code, and I think we should make more use of them.
