Mr. Speaker, may I offer my congratulations to you on your election to the chair? I want to go a step further and say I speak for the whole House, I bet. Certainly anyone who has been around here any length of time would appreciate the values you bring to this position. Without an effective speaker or deputy speakers, this place cannot function, especially for us in opposition. We need our rights upheld. Yet the government has rights too. This is not about stifling the government's right to govern. I think you are the perfect choice to make that judgment, and you certainly have my respect and the respect of this entire House as you go about this difficult job.
In the short time I have been in the House today, I have been pleasantly surprised and pleased by the lack of “we care more about victims than you do” or “you are soft on crime”. There has been none of that rhetoric, at least not while I have been here. Maybe it happened before and it may happen as soon as I sit down, but so far I have not heard it, and it is a breath of fresh air for everyone, particularly Canadians who follow this place, to see that there really are some places where we can set aside partisanship and talk about ideas, constructive ideas and even constructive criticism. When we talk about our precious criminal justice system, is there anything more important to which we could possibly bring the notion of rolling up our sleeves as MPs and doing as good a job as we possibly can collectively?
I say to my colleagues, to government members, members of the third party and the independents that, if we can hold this kind tenor through most of our debates, we will actually increase the way all of us are viewed and the way politics is viewed because right now the slippery slope of politics being seen as dirty, underhanded and not positive is not healthy. But we are the ones who set the image people watch to make those determinations.
Our caucus will be supporting the bill going to committee. We are okay with the notion of increasing the victim surcharge. It was almost 20 years ago to the day that I became a provincial minister responsible for part of the justice system, so not only do I know how important this issue is in terms of identifying the rights of victims and the need for government to step in and be there for victims to the degree that it can, but it also made me very much aware of the respect Canada has around the world in terms of its criminal justice system.
It is not perfect, and there are headlines almost every day that remind us it is not perfect. It cannot be perfect because it has human beings involved. However, given how bad some criminal justice systems are—the word “justice” ought not even be in there—we should remind ourselves and take pride in the fact that we do have one of the finest, if not the finest, most respected, effective criminal justice systems in the world. Although we see in the newspaper where it fails, we do not see the literally hundreds and thousands of cases where the system does do what it is supposed to do, fairly and even-handedly.
One of our concerns is not with the doubling of the surcharge, because we believe it is an important concept. Again, 20 years ago I was part of a provincial government, and the parliamentary secretary referenced Ontario, New Brunswick and Saskatchewan as examples of provinces that have made this an issue and have made a success of it. However, everything needs increased money because costs go up, so we are good with that. It is the notion of taking away the discretionary powers, especially since they are already there. That really troubles me and will cause many Canadians to scratch their heads and not quite get it.
I am not a lawyer, but the government is proposing that, in addition to doubling the fines, the judge would retain the discretion to increase the surcharge, if he or she believed it was warranted and that the convicted person had the means to pay it and that it was the right thing to do. The government wants to leave that in there. It is not a question of really taking away discretion, because it is leaving it in there. It is just that the judges could only use discretion to increase it. The government is taking away the discretion that now exists for a judge to say, “It's one step beyond for me, in terms of applying a fair criminal justice system, to now add this surcharge and, therefore, I am going to exercise my rights to waive that”.
I do not have the time nor do I think I need to go through all of the examples where a rational ordinary person would look at a case and say that he or she deserved a break. Therefore, we think that ought to remain.
I am glad the bill is going to committee. I would hope witnesses will be brought in and we will go through it. If the government is right that we should change it, hopefully that will become self-explanatory as the meeting unfolds. However if not, I hope the government would be willing to stay open-minded on that issue, again in the spirit of the kind of debate and discussion we are having here now.
I know my time is rapidly expiring, so with those few remarks I shall conclude.