Mr. Speaker, I am very proud to rise in sponsorship of this important bill before us today. Bill C-23 would fundamentally overhaul the system of pardons in this country in order to ensure that the rights of victims and law-abiding Canadians are properly balanced with those of offenders.
We told Canadians that this is what we would do several weeks ago, and our government is one of action. We deliver on our commitments both expeditiously and thoughtfully. Over the last few weeks, I believe that all of us have been made aware of just how important this legislation is. We have heard from many ordinary Canadians who wonder how a serial sex offender such as Graham James could have his record sealed just five years after finishing his sentence.
We have heard from other Canadians who asked the same question about other offenders who may be eligible to receive a pardon for their offences with almost no regard for what kind of crimes they have committed or the lasting impact on victims.
We have heard from victims themselves who have spoken about the pain and suffering they have endured for many years. Those same victims have urged us to ensure that the changes our government is proposing are quickly passed into law. We have heard from victims who have told us that this bill is on the right track. We have heard from many of them that these changes are needed. We have heard that the changes proposed by Bill C-23 are tough, but also that they are fair.
I therefore urge all hon. members to work with us to give Bill C-23 the speedy passage it deserves so that we can ensure that the pardon system in this country works the way it should.
For many people today, the word “pardon” somehow implies that previous offences have been completely forgotten, regardless of how much pain and suffering was caused to the victim. A pardon suggests that everything is now okay because the offender has waited three or five years and stayed clear of the justice system for that time. Our government believes that this is not an accurate reflection of how the legal system works.
How the system really works is that in certain cases and under certain conditions, an ex-offender's record is sealed and kept apart from public view so that ex-offenders have an opportunity to get on with their lives as law-abiding citizens who can more easily find work and more fully contribute to society, but the record can again be brought back into view under certain circumstances, so it is suspended rather than permanently deleted. Bill C-23 would therefore amend the Criminal Records Act to replace the word “pardon” with the more accurate “record suspension” to reflect this fact.
Today if individuals want to receive a pardon, or record suspension, all they need to do is finish their sentences and stay clear of the law for three or five years. To many people, the process appears to be virtually automatic, and the numbers would support that view. Only 2% of all applications were rejected by the National Parole Board last year and only 1% of the applications were rejected the year before that. Our government and indeed many Canadians believe these numbers indicate that fundamental reforms are required to the way the National Parole Board works.
As the Prime Minister recently noted, our government believes that a pardon is not a right. There are some cases and some occasions where actions should never be pardoned. Bill C-23 therefore proposes amendments to the Criminal Records Act to provide the National Parole Board with the tools and discretion it needs so that in certain cases, individuals convicted of serious crimes would not be eligible for a pardon or record suspension. In particular, Bill C-23 would amend the Criminal Records Act so that individuals convicted of certain sexual offences against minors would not be eligible for a record suspension unless they could prove to the National Parole Board that the offence did not involve a position of trust, bodily harm or the threat of violence.
Victims and victims' advocacy groups have asked for these changes and our government is delivering them.
Under this new legislation, individuals convicted of four or more indictable offences would not be eligible to apply for a record suspension. In cases where an ex-offender is eligible to apply for a record suspension, the waiting period for some re-offences would be increased from three to five years, and for indictable offences, from five to ten years.
For indictable offences, the changes our government is proposing would allow the board to examine factors such as the nature, gravity and duration of an offence. The board would also take into account the circumstances surrounding the commission of the offence and the applicant's criminal history.
As well, a person convicted of an indictable offence would need to prove to the National Parole Board that receiving a suspension of record will contribute to his or her rehabilitation and will not bring the administration of justice into disrepute.
As I mentioned before, the changes our government is proposing are tough but they are also fair. It is not just our government that is saying this. Sheldon Kennedy, one of the former victims of Graham James, recently noted, with regard to the reforms that the government is proposing, that, “There was a lot of thought put into them—and that the approach—is balanced”.
The Globe and Mail also recently noted:
Reforming Canada's system of pardons to disqualify child sex offenders such as the former junior hockey coach Graham James – or worse, child sex killer Karla Homolka – is sensible. It's also reasonable to scrap the term “pardon” and substitute “record suspension.” Pardon implies a forgiveness that the offender may not have earned.
In the same light, Ron Jette of the Child Sexual Abuse Prevention Network, in an interview with CTV, said “that granting a child molester a pardon would be a slap in the face to a victim'” and essentially tell the victim that he or she does not matter.
Our government agrees, as do millions of Canadians who want us to continue to take the necessary steps to secure the safety of all Canadians. That is what the proposed reforms in Bill C-23 would do.
I therefore would again strongly urge all hon. members to give this vital bill the speedy passage it deserves.
