Ed Fast

[Criminal Code, June 6th, 2006]

Mr. Speaker, as I recall, the last time we were addressing conditional sentencing reform in this House, there was a member opposite who suggested that we do not have a crime problem in Canada and that the status quo was acceptable. I am not sure that is reflected in the party opposite. My feeling is there are members opposite who are seriously considering the legislation before the House and who will support it simply because it is a commitment they made, it is sensible and it is supported by Canadians across this country.

Crime is a serious problem in Canada. When Canadians are polled, they concur in that assessment. It is not only a perception; the facts bear it out. Serious violent crimes and repeat offences are on the rise, despite the contention of some of the members opposite.

It is true that we need to be steadfast. We cannot simply sit on our duffs and do absolutely nothing. This government is committed to follow through on its promises. We were elected on a platform of change. One of the five priorities was to move forward with mandatory minimum sentences. We are going to deliver on that promise.

[Criminal Code, June 6th, 2006]

Mr. Speaker, I appreciate the spirit in which that question was raised.

I would suggest to the member that this bill is a very good start. When restricted and prohibited weapons are being used, almost always it is the case that they are being used for illegal purposes, whether it is simply a possession issue or whether it is an actual use situation where they are being used in the commission of a crime. My suggestion to him is that this is a good first step in moving forward and addressing some of the elements that are used in committing a crime.

Guns, especially illegal guns, the ones that are prohibited and restricted, should not be in the hands of individuals in Canada. When they are used in a crime, they are obviously used for the purpose of hurting and killing people.

I would encourage the member and his party to support this legislation. If other legislation, for example against the use of knives, is warranted, we would be pleased to consider that. I would encourage him to consider this bill as the first step in toughening up some of these laws to make sure Canadians are safe going forward.

[Criminal Code, June 6th, 2006]

Mr. Speaker, I appreciate the question from the hon. member, although I am not going to speak for the justice minister, who can certainly speak for himself. I will say, though, that I believe the member and I differ dramatically on whether mandatory minimum sentences in fact are going to make a difference. There is significant research, especially in different jurisdictions within the United States, that mandatory minimum sentences do have a very positive impact on the reduction of crime, especially violent crime and gun related crime.

I would also refer the hon. member to the fact that even members of the judiciary have commented on the fact that they are concerned with the sentences that are being levied. I refer him to one particular report, which incidentally just came out on June 3, a couple of days ago, in the Vancouver Sun, in which provincial court judge Carol Baird Ellan actually expressed surprise that “even repeat offenders don't often get stiff prison time in B.C.” She indicated that she was “bound by precedent and recommendations from experienced lawyers” in sentencing a 36 year old woman who had robbed a restaurant. In fact, this adult had a record, a cornucopia of convictions: theft, forgery, being unlawfully at large, possession of a weapon, robbery, aggravated assault, assaulting a police officer, drug trafficking, and possession.

However, said the judge, “her hands were legally bound”. The article states that “instead of five years of imprisonment, Baird Ellan last week handed a sometimes-violent woman with a long record only 22 months in jail for a terrifying abduction and robbery”. That is the problem Canadians face. It is a problem in my community. It may not be a problem in the hon. member's community, but it certainly is in the rest of Canada. This bill specifically addresses that problem.

[Criminal Code, June 6th, 2006]

Mr. Speaker, it gives me great pleasure to rise in the House today to speak to Bill C-10. This is a bill that will improve the safety of all Canadians by ensuring that violent criminals who use firearms to commit their offences will receive serious prison time, consistent with the gravity of their offence.

This bill addresses two groups of offences. The one group involves offences in which a firearm is used in the commission of another crime, namely, the so-called “use offences”. The second group involves the possession of illegal firearms, namely, the “non-use offences”.

Let me deal with the first group. Bill C-10 would impose mandatory minimum penalties where a gun is used in the commission of a serious Criminal Code offence. These offences would include attempted murder, discharge of a firearm with intent, sexual and aggravated sexual assault, kidnapping, hostage taking, robbery, extortion, et cetera.

If a restricted or prohibited weapon is used in the commission of any of those offences or if such guns are used in relation to gang activity, a first time offender will receive an automatic five year prison sentence. Penalties will escalate to 7 and 10 years depending on the number of prior offences for the same or similar gun crime.

Clearly, this bill targets repeat and violent offenders who must be kept off the street for the good of our communities. It also provides a deterrent to youths who are involved in gangs, forcing them to weigh the consequences of their actions before engaging in crime.

The second group of offences involves the illegal possession of a restricted or prohibited firearm. Some of the offences targeted include the unauthorized possession of a restricted or prohibited firearm with ammunition, firearms trafficking, stealing a firearm, possession of a firearm for the purpose of trafficking in drugs, making an automatic firearm, or perhaps firearms smuggling. For these non-use offences, an offender would receive one year in prison, which escalates to three years where there is one prior use or non-use conviction, and up to five years in prison if the offender has more than one prior use or non-use conviction.

Among other things, this legislation is aimed directly at the gun trafficking industry. Virtually all gang related crimes we see across Canada are committed not by those who purchase guns legally and register them, but by people who purchase firearms illegally on the black markets or steal them from legitimate gun owners.

In my home province of British Columbia, it is estimated that gang related shootings or murders occur, on average, at least once every month. The rate of increase in gang activity in B.C. is astonishing. Most of it is fuelled by the drug trade, mainly in high grade marijuana, and carried out by young people with illegal firearms who have complete disregard for the safety and lives of those around them. This legislation will not only send a clear message that gun activity will have serious consequences, but it will also take these criminals off the streets for longer periods of time.

To place this in context, I would like to give several examples of some of the crimes that have recently been committed in British Columbia. In December of 2005, Laurie Tinga was seriously wounded by a stray bullet while watching television in her home. The 40 year old woman was the victim of a shootout in her townhouse courtyard in Port Moody. Police had reason to believe the gun battle was the result of a drug deal gone sour.

In October of 2005, two gang members were gunned down in Vancouver at a Vietnamese restaurant. Police believed it was a targeted attack carried out by rival gang members.

Just last month at another Vancouver restaurant, one customer died and another was critically wounded after a man with a gun attempted to rob an Asian restaurant. When the patrons of this restaurant attempted to stop the robbery, the gunman opened fire.

These gun crimes are occurring across the country at an alarming rate. What is more alarming is that too often innocent residents are caught in the crossfire.

I want to stress that the bill does not represent an across the board increase in mandatory minimum sentences. Rather, it targets crimes that are specifically related to gang activity, repeat and violent offenders.

This new legislation is especially good news for my constituency of Abbotsford, which for the past number of years has seen a dramatic increase in guns, gangs and gun related violence. The proliferation of marijuana grow ops and crystal meth labs in my community has meant a significant increase in gangs and organized crime.

As is common across Canada, our Abbotsford police force simply does not have the resources to locate and tear down every marijuana grow op or crystal meth lab. The ones they do manage to destroy are quickly replaced with others.

Since Abbotsford shares a border with the United States, it is part of a complex web of organized crime on the Lower Mainland. Drugs such as high grade marijuana are regularly exchanged for firearms from the U.S. These are the same firearms that are being used to commit the wide range of gang related crimes we are witnessing across Canada.

Although both American and Canadian border security officials are quite vigilant in protecting our borders and stopping the cross-border gun trade, there is only so much they can do when the same people go to prison for short periods of time and are turned back onto the streets only to take up crime once again.

The gun and drug trades are quite lucrative industries and lure a number of young people into the gang lifestyle. These mandatory minimum penalties under Bill C-10 will go a long way in discouraging youths from taking up this behaviour, but this government is also concerned with preventing young people, through community initiatives, from becoming involved in a life of crime in the first place.

In our first federal budget, this government invested $20 million in a plan for communities. This money will be focused on preventing youth crime and helping young people stay away from guns and gangs. I believe that both this bill and our prevention initiatives will work together to reduce the number of gun related deaths in Canada.

If we do not send a clear message to criminals that the consequences will now far outweigh the benefits of using handguns to carry out crime, gun violence will continue to increase. The clear message we are sending is this: be prepared to go to prison if a serious gun offence is committed, period.

I believe these penalty schemes will also be an important tool for police, who must place themselves in potentially deadly situations on a daily basis. The police will now be able to know that should the courts send an offender to prison for committing a firearms offence, that is not an offender they will be encountering back on the streets for a very long time.

About a week ago, three people, including an Abbotsford resident, were charged with abducting a young woman at gunpoint and assaulting her in Mission.

Also, on the same day, two men were charged with attempted murder in Abbotsford after a man was found shot and beaten in his home on Mt. Lehman Road. What a shame. What a shameful loss of life.

Abbotsford resident Roger McCormick was shot seven times, five times in the head, when a group of three men wearing balaclavas and black vests invaded his home with guns in search of marijuana. His wife was actually killed in that offence.

In January 2004, two Abbotsford youths, 18 and 20 years old, were gunned down on the sidewalk and seriously injured on Montvue Street.

In February 2004, the second nightclub shooting in less than a month occurred in Abbotsford. Two men entered an establishment carrying concealed handguns and opened fire. Luckily, the targets of the shots escaped injury.

In August 2005, a 24 year old Abbotsford man sitting in his car was struck by bullets fired by a man in an adjacent park.

I could go on, but I think it is clear that my community has a serious gun problem. I believe Canada has a serious gun problem.

In order to end the cycle of gun violence, this government is committed to fulfilling our election promise to get tough on serious criminals. We owe nothing less to the Canadian public than to protect them to the fullest. I believe Bill C-10 is the way to do that.

Effective deterrents, including escalating mandatory minimum jail terms, are an important step in reducing crime on our streets. So is choking off the supply of illegal handguns. By addressing both problems, we will save lives.

British Columbians and residents of Abbotsford are tired of watching criminals execute violence and get off with a slap on the wrist. Finally we have a government that is committed to the right of law-abiding citizens to live in safety and security. That is a promise we made during the election. This bill delivers on that promise.

[Abbotsford Hawks, June 1st, 2006]

Mr. Speaker, I wish to express congratulations to the Abbotsford Hawks, our Triple A Bantam hockey team that recently won the western Canadian championship. The Hawks defeated the Medicine Hat Hounds, the Winnipeg Sharks and the Martensville Marauders to take the gold.

Special recognition goes to three Hawks players who earned spots on the tournament all-star team. They are tournament MVP Kellan Tochkin, top goaltender Nathan Lieuwen and top scorer Riley Boychuk.

What is more amazing is that these all-stars, along with teammates Mike Cassivi, Ryan Kowalski, Scott Ramsay, Jeff Regier and Joel Rogers, have all been drafted into the Western Hockey League. What an incredible accomplishment for our young men from Abbotsford.

Of course I must give very special recognition to head coach Troy Campbell, who brought home the western championship to Abbotsford for the very first time.

Abbotsford looks forward to seeing many familiar faces in the NHL in the very near future, and we say, “Go, Hawks, go”.

[Criminal Code, May 31st, 2006]

Mr. Speaker, the member asked whether I understood all the facts. I think the member will understand that I have done a considerable amount of research on this subject. In fact, I have a list of eight very recent specific cases in 2005 that highlight the problem of luring.

With respect to the member's question as to whether judges have indicated a willingness to sentence for more than five years, that is difficult to say. As the member knows, it is rare. In fact, I cannot think of an example where the courts actually have sentenced someone to a maximum sentence, other than life imprisonment for the most serious of crimes. Typically, when there is a 10 year maximum sentence, the sentence will likely be less than that. That is the way the process works. It is very rare that someone actually gets the maximum sentence imposed.

My response to the member is that we have indication that there is a willingness to sentence for at least three and a half years. Given the fact that we do not have examples of repeat offences being sentenced, I believe there will be incredible pressure in the future to provide for more room in the sentencing structure. I hope that answers his question.

[Criminal Code, May 31st, 2006]

Mr. Speaker, I am not sure I fully understood the question. I believe the member is asking why the bill and my comments are trying to address two different issues at the same time. In fact, the bill does not address two issues at the same time. The bill simply doubles the sentence for luring from five years in prison to 10 years in prison. That is a maximum sentence.

We are not dealing with mandatory minimum sentences, and I think the member understands that.

If Bill C-9 passes, and I hope it does, the side benefit will that the luring offence will now have a maximum of 10 years in prison. It also means perpetrators, under that section, will spend hard time in jail as opposed to house arrest or some other form of community sentencing.

I hope that answers the member's question. I know he has given it a lot of thought. I appreciated his earlier comments as he addressed the conditional sentencing reforms that our party has brought forward.

[Criminal Code, May 31st, 2006]

moved that Bill C-277, An Act to amend the Criminal Code (luring a child), be read the second time and referred to a committee.

Mr. Speaker, it gives me great pleasure to rise in this House today to speak on Bill C-277. This is a bill which would toughen up prison sentences for those who lure children over the Internet for sexual purposes.

As members know, the proliferation of the Internet has opened up a whole new world for Canadians. The Internet has delivered the potential for tremendous good and has created an information explosion. Unfortunately, as with many other good things in life, the Internet also has its seedy side.

Canada is the most Internet-savvy nation in the world. Almost all Canadian children either use the Internet regularly or have easy access to it. Communicating over the Internet has become commonplace to the point where millions of children spend countless hours every day sending e-mails to each other, participating in news groups and message boards, and engaging in public and private discussions in chat rooms.

It is also true that most Canadian parents mistakenly believe that their children are entirely safe when surfing the Internet. Sadly, nothing could be further from the truth. Many parents have no idea where to place computers in their homes or how to apply parental controls to protect their children.

For all the good the Internet has brought to life on earth, it has also caught the attention of people who sexually exploit children. The Internet allows sexual predators to hide behind false names and false ages as they bring innocent children into their confidence. Their methods are many, but their goal is always the same: to get children to trust them, to slowly but surely engage them in sexual banter, and eventually to encourage them to leave their homes to meet the predator, where it is the predator's intention to sexually exploit and abuse the child.

I cannot imagine a more horrific act than the callous abuse of a vulnerable, unsuspecting child.

Prior to 2002, Canada had no means of prosecuting the sexual predators who were enticing our children to meet them off line. This meant that these criminals, in order to be convicted of an offence, would have to physically meet with the child and engage in a sexual offence as defined by the Criminal Code. Essentially, a child had to be physically victimized before a crime took place.

What was the previous government's response? I want to be fair and give credit where credit is due. In July of 2002, the former Liberal government responded to the ever-increasing threat of children being lured over the Internet. It enacted section 172.1 of the Criminal Code, which makes it a crime to use interactive, online communication to lure a child for the purpose of sexually exploiting him or her. The offence does not require an offender to actually abuse the child. Simply communicating with that child with the intention of luring the child is enough to be convicted of that offence. That was clearly a bold new step.

Since the proclamation of the luring law, there have been numerous convictions under section 172.1, some with prison terms of up to three and a half years. The problem, however, is that when offenders receive sentences of less than two years, the judge has the discretion of imposing a conditional sentence.

In layman's terms, a conditional sentence means that the offender serves the sentence either in the community or often in the comfort of his home. Sadly, there have been a number of cases in which convictions resulted in conditional sentences, where offenders were permitted to serve their sentences at home or otherwise in the community. Let me tell members about one of those cases.

The case involved a 35 year old man who communicated with a person he believed to be under the age of 14. He used a false name. The Internet chat conversations became sexual as the man suggested that this girl engage in sexual acts and meet him at a predetermined location.

He told the girl they could get in trouble for what they were about to do because of her age, a clear indication that he knew what he was doing was against the law. He then drove 22 kilometres to meet the girl and was arrested at the meeting spot. The man received an 18 month sentence. However, that sentence was to be served in the community--house arrest.

To me it is incomprehensible that a sexual predator of this nature would be allowed to serve his sentence in the community, where he could have potentially unrestricted access to the Internet and to children if he desired to break the conditions of his sentence.

There is something else compounding the apparent inconsistency in sentencing. That is the fact that the courts have not yet had to deal with repeat offenders due to the short history of this luring offence. It is highly likely that in the future there will be those who will become repeat offenders for this crime, yet the maximum sentence currently available is only five years.

The weight of scientific and medical literature indicates that many sexual predators, especially pedophiles, are not treatable and represent a lifelong threat to our communities. Allowing these offenders to serve their time in the community, with relatively easy access to computers and children, represents a grave danger to our young children.

That is where Bill C-277 comes into play. This bill changes the law by increasing the maximum prison sentence for a child luring offence from 5 years to 10. On the face of it, it is quite simple. However, that is not the end of the story. As we know, the government has tabled another criminal justice bill, Bill C-9, which would remove the availability of conditional sentences, including house arrest, for serious crimes. Clearly, luring is a serious crime.

Typically, serious crimes have been defined as crimes for which the maximum sentence is 10 years in prison or more. Increasing the maximum sentence for child luring to 10 years will also trigger the provisions of Bill C-9, if enacted. This will ensure that those convicted of luring a child will spend hard time in jail and not have a cushy existence in the comfort of their homes.

Protection of the most vulnerable people in our society, our children, is the objective of Bill C-277. The threat to our children who use the Internet is rising, so much so that the Government of Manitoba has implemented a program called Cybertip, an Internet and telephone tip line for suspected sex offences against children.

This program allows citizens who suspect that children are being targeted by online predators to notify the authorities, either by registering a tip on the Internet or by telephoning Cybertip. It also educates parents in the dos and don'ts of Internet usage by children and on how to protect their children against Internet luring. The program compiles statistics and data to assist governments, criminologists and police authorities in cracking down on the sexual exploitation of children.

During its first two full years of operation, Cybertip received over 1,200 reports of child exploitation, 10% of which involved the sexual luring of children. The program has been such a resounding success that it has now become our national tip line.

A number of different studies reveal some shocking statistics. Fourteen per cent of children surveyed admitted that they had chatted with strangers while online. Parents reported that 4% of their children had had an off-line meeting with someone they had first encountered on the Internet. In fact, in a survey of 300 Canadian youth, one in five admitted meeting face to face with people they had first met on the Internet.

Other nations with high Internet use rates have also found it necessary to enact legislation to deal with child luring over the Internet. The United States, for example, has a federal child luring law that is broader in scope than our own. It criminalizes luring that occurs in any form, not just via a computer system, and it places a mandatory minimum sentence of five years on the offender, with a maximum sentence of 30 years' imprisonment.

The United Kingdom has a luring law which was enacted in 2002 and targets adults who meet a child they have contacted over the Internet for sexual purposes. This law enables police to conduct sting operations and apprehend sex offenders who show intent to meet with an underage child. The maximum penalty for that offence is 14 years in prison.

In Australia, the law against luring is captured by a new “grooming” offence. It makes it an offence for adults to target children over the Internet or through any form of telecommunications and attempts to show that this country is going to become tough on crime. The maximum penalty is 12 years' imprisonment. However, if the child is under the age of 16, the maximum penalty increases to 15 years.

As we can see from these three comparative jurisdictions, Bill C-277, even with a maximum sentence of 10 years, is still the least severe of all of them.

The gravity of this problem of luring cannot be understated. Sexual predators are engaging in grooming techniques where they first gain the child's trust, empathize with their home situation and gradually acclimatize the child to further sexual situations and eventual meetings with the predator. It is widely reported that children with depression, low self-esteem and difficult home lives are especially vulnerable to the attention of adults on the Internet who pretend to care.

This makes the act that much more repulsive.

Sexual predators who seek out and target the most vulnerable children in our society deserve severe sentences in jail, not in the community. Raising the maximum penalty for their crimes to 10 years in prison is fully justified and is necessary in order to deter these offenders and send a clear message that luring a child over the Internet will come with swift and certain justice.

Clearly Canada needs the most effective legislation possible on luring in order to prevent it and condemn it in the strongest terms.

What does the bill achieve? It does three things.

First, by raising the maximum sentence for luring to 10 years in prison, the bill sends a stronger message to our community that we as a society will not tolerate the exploitation of our children.

Second, the bill ensures that those convicted of an indictable offence under the luring section will spend hard time in jail, away from the community and from those who are at risk from the offender.

Third, Bill C-277 brings the penalties for luring in line with most of the other sexual offences listed in part V of the Criminal Code. Most of those provide for maximum sentences of at least 10 years and up to life in prison. I think all of us can agree that the luring of a child for sexual purposes is no less an offence.

Does Bill C-277 completely address the problem of sexual exploitation over the Internet? Of course not. I want to close by challenging parents to take ownership of their children's computer time, to learn about parental control programs on their computers, to place their child's computer in a highly visible area where supervision is readily available and to spend time learning how to make their child's Internet experience a safe one. Above all, they should get to know their children better and share their personal struggles and challenges with them.

When the Liberals enacted section 172.1 of the Criminal Code, it was a good start. Bill C-277 is another step in the right direction. It is my hope that this legislation will be enacted quickly on a multi-partisan basis. Our children truly are worth it.

[Business of Supply, May 30th, 2006]

Mr. Speaker, the Lincoln report sets out a host of recommendations, some that I personally support strongly, some that I would consider and some that I would not. I am sure the government will review the Lincoln report and the minister will receive a copy of it. In fact, I believe a motion will be tabled at our committee in the future to refer that report to the minister for a response within 120 days. We will know then what recommendations the minister supports.

How can we come to the conclusions that are set out in the motion without doing our homework? That is the puzzling part of it. The motion has no place on the floor of the House today because there is so much work to be done yet. We already have the Lincoln report, which will be reviewed by the minister, and we have mandate reviews to be undertaken for every crown corporation under the mandate.

What we are opposed to is the fact that the cart has been put before the horse, which is no way to conduct business. I encourage the member to withdraw the motion.

[Business of Supply, May 30th, 2006]

Mr. Speaker, I want to remind the member that it was his government that slashed the funding to the CBC. It was also the hon. member who just a few minutes ago talked about cheap political points. In fact, that is what the motion does. The motion turns the process on its head. It puts the cart before the horse.

Work is typically done within committee and the minister does her or his work. Policy is then formulated out of that process. Conclusions are not reached before that process is complete, which is why we are voting against the motion. It is inappropriate and it invalidates the future work of the heritage committee and the work that the minister wants to do in the interests of all Canadians.