Madam Speaker, it is with pleasure that I rise today to speak to the important subject of Bill C-440, an act to amend the Criminal Code to strengthen the laws involving criminal flight from police pursuit.
Our party has always supported crime prevention and police forces across the country. We have continually demanded that the government correct the problem of the underfunding that has tied the hands of our overworked police forces as they try to deal with the growing problem of crime in Canada. Through funding cuts to the RCMP, quotas for prisoner release and a weak youth criminal justice act, the Liberals have consistently shown they are soft on crime.
That is why I am especially pleased to see that one of their own backbenchers has actually come up with a piece of legislation that will address certain aspects of real crime. Like the members who spoke before me, I would like to personally thank the hon. member opposite for proposing this legislation and supporting it in a non-partisan effort in the hope that we can actually accomplish something in parliament and see this legislation enacted.
The tragic events in the Toronto area last month are but a sad reminder that the current laws against flight have not been strong enough to deter a criminal from fleeing a pursuing police officer. With the death of Father Ilce Miovski aged 50 on March 21 and the death of Valeri Kovaliv aged 41 on March 27, it is evident that the status quo will no longer suffice. The death of Mr. Kovaliv gave him the most unfortunate title of being the fifth innocent civilian in the Toronto area this year to be killed following a police chase.
We need to enact tough legislation that would deter flight from the police by making an example of these criminals who place innocent lives at risk. Whether it be the lives of the police officers who are probably driving outdated, unsafe police cruisers due to Liberal cutbacks in policing; whether it be the lives of innocent bystanders who could be struck and killed in the midst of a car chase; or whether it be the lives of fleeing criminals, the fact is that our party holds all life sacred.
In respect of human life we need to give the justice system the powers needed to properly deal with those who try to escape from justice. In doing so we will be able to send the message to criminals that this kind of reckless behaviour will no longer be tolerated. It is our opinion that Bill C-440 will accomplish this goal. Under the provisions of the bill suspects who flee police without causing injury will receive a two year sentence. Injuring someone while fleeing could result in up to 10 years in jail. Killing someone during a police chase could mean life imprisonment. The possibility of taking a life and facing life imprisonment due to their flight from a lesser crime will now have to be weighed heavily against the noble route of facing the music.
The more minor aspects of the bill would involve those who cause police chases now being charged with crimes including highway traffic offences which vary by province, dangerous driving or criminal negligence causing bodily harm or death.
There are many who rightfully have questions as to the effectiveness of police chases. There are those who feel police chases only contribute to unnecessary accidents which can lead to injury and death of the innocent general population. These people feel that other means such as road blocks, spike belts or helicopter surveillance equipment would be a more effective method of tracking and eventually apprehending the criminal party. However, we are speaking of police forces that already work with limited resources. Therefore I am not sure these expensive proposals would be at all feasible at this time.
There are experts in the field of law enforcement who say that prohibiting the police from chasing criminals in automobiles will actually create more peril with regard to public safety. Police unions and several prominent police officers have vocally defended their right to chase fleeing offenders.
In Ontario police will face charges if they break the new high speed chase laws. These laws include among other things a mini test the officers will be asked to perform in their heads to decide whether or not the chase is worth the risk. They will be asked to consider the neighbourhood and then the likelihood of an innocent civilian being injured. They will be told to strongly consider those options such as the aforementioned use of spike belts to stop fleeing motorists.
Following similar rules led to the tragic death of a police officer. On October 8, 1993, Calgary police constable Richard Sonnenberg was told to lay down a spike belt to stop a car that had failed to stop for police. The car was driving at speeds of approximately 170 kilometres per hour. While attempting to deploy the belt the constable was killed instantly by the car that had veered into the officer to avoid hitting the spike belt.
This is why many police officers continue to be in favour of police chases. Mr. Norm Gardner, head of the Toronto Police Services Board, warned of the following:
—the public sometimes gets sold the wrong bill of goods. And they think that we won't have these things happen if the police do not pursue. And I can guarantee you, there would be a hell of a lot more danger and a lot more tragedy without pursuits.
The death of Constable Sonnenberg was one of these tragedies. The criminal who killed Constable Sonnenberg could also have easily killed a child or an elderly person. This person could have escaped altogether and gone on to commit other horrible crimes that could have been prevented through immediate incarceration following a successful police pursuit.
I would like to add that another crime was committed as the man who killed Constable Sonnenberg was only sentenced to six years for criminal negligence causing death. Under the provisions of Bill C-440 this reckless criminal would have received life imprisonment.
Police pursuit is not the answer to correcting the problem of flight and the subsequent police chase. Nevertheless, it is the most effective means of criminal apprehension that we currently have. Because of honest completion it effectively ends a criminal's threat to the general public.
What I suggest is that if we allow for police pursuit in addition to the enforcement of Bill C-440, we will be legislating a strong deterrent to the criminal population. This strong deterrent may force second thoughts in the minds of criminals involved in the aforementioned crimes. Such thoughts may have prevented these tragedies and the victims who lost their lives might still be with us today.