moved that Bill C-36, An Act to amend the Criminal Code, be read the second time and referred to a committee.
Mr. Speaker, thank you for allowing me to participate in the debate today on Bill C-36, a bill to increase sentencing for the most serious crimes.
The Criminal Code amendments I am proposing have two objectives. First, with these amendments, those convicted of murder and high treason will no longer be able to apply for parole under the faint hope clause. Consequently, someone who commits such an offence on or after the day of coming into force of these Criminal Code amendments will no longer be able to apply for early parole after serving 15 years of a life sentence. These people will no longer be able to apply for early parole. In short, the faint hope clause will no longer apply to those convicted of high treason or murder.
As many members know, in Canadian prisons, a large number of those serving life sentences for murder have the right to apply under the faint hope clause or may be able to do so in the next few years. They will retain that right. Second, the amendments will also restrict the application procedure in order to set aside less deserving applications and to establish restrictions as to when and how many times an offender can submit an application under the faint hope clause.
These new restrictions will apply to offenders who are already serving a life sentence, those about to be sentenced to life imprisonment and those charged but not yet convicted of first-degree or second-degree murder or high treason. These restrictions will apply to such murderers as Paul Bernardo, if he were to attempt, after the new rules come into force, to make an application under the faint hope clause. People like Paul Bernardo will find it even more difficult to obtain an early parole and will have fewer opportunities to apply.
By proposing these changes to the Criminal Code in order to prevent anyone who commits a murder after the provisions take effect from applying for parole under the faint hope clause, and by tightening up the application procedure for those already in the system, we are acknowledging the suffering of the families and loved ones of murder victims.
These changes will save families the pain of attending multiple parole eligibility hearings and having to relive over and over again the intense emotions that are brought up by seeing the person who turned their lives upside down and took the life of someone close to them.
The changes we are proposing also take into account the concerns of Canadians, who are shocked to learn that, through the faint hope clause, the sentence given when a murderer is found guilty is not always the sentence he will serve. I would like to add that these changes show, once again, that this government is determined to protect Canadians by ensuring that the most dangerous criminals serve their full sentences.
As the hon. member for Lotbinière—Chutes-de-la-Chaudière said last week outside the House, the proposed changes are another example of our government delivering on its commitment to strengthening Canada's criminal justice system and following through on our tackling crime agenda, by standing up for victims of crime, and putting the rights of law-abiding citizens ahead of the rights of criminals.
I would like to talk about this in a little more detail, since I think it is important for members to have some background on these proposals.
As it stands, under the Criminal Code, anyone who is found guilty of high treason or murder in the first or second degree, must be sentenced to imprisonment for life with a long period before being eligible for parole. In the case of first-degree murder or high treason, an offender who is found guilty must serve 25 years before being eligible to apply to the National Parole Board for parole.
In the case of second-degree murder, the offender must serve 10 years of the sentence before applying for parole. However, there are two circumstances under which the ineligibility period may be extended. First, if an offender is found guilty of an offence under the Crimes Against Humanity and War Crimes Act, the ineligibility period is 25 years, the same as for first-degree murder. Second, a sentencing judge who decides to increase the ineligibility period because of the murderer's character, the nature of the offence, the circumstances surrounding the perpetration of the offence or any recommendation of the jury may determine that the period is to end after 10 to 25 years of the sentence have been served.
Under the Criminal Code's faint hope clause, those who commit high treason or murder may apply for their parole ineligibility period to be reduced after serving 15 years of their sentence. Currently, applying is a three-stage process. Procedural changes proposed in Bill C-36 would modify each of those stages.
The three stages are as follows. First, the applicant presents an application to a superior court judge, who reviews the case, then decides whether the applicant can move on to the next stage. In the current system, if the judge finds that the applicant has shown that there is a reasonable prospect that the application will succeed, the judge authorizes the applicant to move on to the next stage.
Some courts have said that it is relatively easy for an applicant to meet the review criteria, so we are changing them to make it harder for offenders to meet the criteria. From now on, offenders will have to show that there is a substantial likelihood that the application will succeed. This criterion will exclude the least deserving applicants. If an applicant's application is rejected at the first stage, he may re-apply two years later, unless the judge has imposed a longer waiting period. We will increase that waiting period to five years.
In other words, an offender who is not eligible for parole for 25 years, for example, will be able to submit only two applications under the faint hope clause: the first after serving 15 years and the second after serving 20 years. For comparison's sake, the faint hope clause now permits offenders to apply five times: after serving 15 years, 17 years, 19 years, 21 years and 23 years of a sentence.
Changing that timeframe from two years to five years will allow victims' families to predict when a hearing under the faint hope clause will be held. This change will also reduce the trauma that is often felt as a result of these hearings.
At the second stage of the current process under the faint hope clause, applicants whose request is granted at the first stage must convince a 12-member jury that they should be allowed to apply for early parole. When the jury unanimously approves an applicant's request, it must indicate when the offender can apply for early parole. If the jury rejects an applicant's request, he may apply again two years later, to a judge, unless the jury has specified a longer period of time. We will also increase that timeframe to five years.
Thus, after the period of time stipulated by the jury, an applicant whose request is approved may move on to the third stage, that is, applying to the National Parole Board for early parole.
Under the current legislation, offenders can apply for parole under the faint hope clause anytime after serving 15 years of their sentence. We will change that, making applications under the faint hope clause subject to a three-month time limit for filing. This means that offenders who are eligible to apply for parole under the faint hope clause must do so within three months of their eligibility date. If they fail to do so for whatever reason within the three-month timeframe, they must wait the full five years before they can apply.
As I mentioned earlier, the procedural changes I have just described, the strict eligibility requirements, the new three-month deadline for applying and the five-year waiting period will apply only to offenders already in the system. In other words, these changes will apply only to offenders who have committed murder, are arrested for murder or are convicted of murder before the amendments take effect. Offenders who commit murder after this bill comes into force will not be able to take advantage of the faint hope regime.
Since the faint hope clause in the Criminal Code is incorporated by reference in the National Defence Act, all the proposed changes I have just described will apply to members of the Canadian Forces who are convicted of a serious offence under that act.
Before I conclude, I would like to remind the members of this House about the controversy that has swirled around the faint hope clause for a long time and that gave rise to the amendments proposed in Bill C-36.
Since the first application was made under this regime in 1987, Canadians have repeatedly made the point that the faint hope clause seems to allow people convicted of the most serious crimes to serve less time than they were sentenced to.
Ordinary Canadians have a hard time understanding how the most violent offenders—murderers—can get early parole, when the fundamental objectives of sentencing are to denounce unlawful conduct, deter the offender from committing other offences and protect society by keeping convicted criminals off the streets.
In short, the existence of the faint hope regime and the apparent ease with which people convicted of the worst crimes imaginable can take advantage of it erode public confidence in the integrity of the justice system. They also undermine the government's commitment to enhance the safety and security of Canadians by keeping violent offenders in custody for longer periods.
Our government is taking action to deliver on its commitment to ensure that offenders who are found guilty of a crime serve a sentence that reflects the severity of that crime. Our government is also respecting its commitment to ensure there is truth in sentencing. Canadians will no longer wonder how a murderer who was supposed to be serving a sentence with a parole ineligibility period could be released early.
The issues related to sentencing are complex, and the current government believes they are very important. The proposed changes are necessary. Canadians have demanded that we make them. Many people believe that too often, offenders seem to fall through the cracks of the Canadian justice system without serving their full sentence. Canadians, myself included, think that the sentence imposed, including the applicable parole ineligibility period, should be served in full.
The approach set out in Bill C-36 will restore people's faith in our justice system. For years now, Canadians have been telling us that they want a strong criminal justice system. They want us to take decisive measures to fight the growing threat of violent crime by passing laws that will keep our communities safe. Our government has promised to tackle crime and improve safety, and we have kept that promise by proposing significant measures, such as the Tackling Violent Crime Act.
Recently, in Bill C-14, we proposed measures to fight organized crime. In Bill C-15, we proposed measures to apply mandatory minimum penalties to serious drug-related crimes. We are justifiably proud of these measures and the many other changes we have proposed. As we have said in the House, we are protecting the interests of Canadians who urged us to get tough on crime.
We are asking the members of the House to help us make our communities safer. We are asking for the support of members on both sides of the House to pass this legislative measure as quickly as possible. Let us focus on protecting Canadians and restoring their faith in the justice system by adopting the measures set out in Bill C-36, which will help to eliminate what many have called a loophole for those sentenced to life.
Bill C-36 would get rid of that loophole by striking a fair balance between respect for the law and respect for the rights of family members and victims. I urge all of my colleagues to support our proposed legislation.
