Mr. Speaker, it is a personal and professional honour for me to speak today at second reading of Bill C-9, an act to amend the Criminal Code dealing with conditional sentence of imprisonment.
As many of my colleagues in the House will know, I have made it a priority throughout much of my time as the member of Parliament for Prince George—Peace River to address the misuse of conditional sentencing.
It was way back in the fall of 1994 when I had been an MP for less than a year that the former Liberal government introduced Bill C-41, legislation that introduced section 742.1 into the Criminal Code of Canada. The concept of conditional sentencing that this section enacted is not without merit. It can offer benefits to our society and preserve the integrity of our justice system if it is used for less serious crimes. I will elaborate more on that in a moment.
When Bill C-41 was being debated, I joined the chorus of Canadians, including legal experts, in warning the former Liberal government that section 742.1 would dangerously dilute the credibility and effectiveness of our justice system if those convicted of serious and violent offences were eligible for conditional sentencing provisions. As we are all well aware, the former government did not listen and shortly after section 742.1 became law on September 3, 1996, courts across Canada began granting conditional sentences to convicted murderers, rapists, child molesters and drug dealers.
Many of these miscarriages of justice were challenged through appeal, the most notable concerning the conditional sentence granted to Darren Ursel, who was convicted of attacking a woman and sodomizing her with a racquetball racquet.
On August 12, 1997, in a watershed moment in the history of conditional sentencing, the B.C. Court of Appeal ruled that “if Parliament had intended to exclude certain offences from consideration under section 742.1, it could have done so in clear language”.
Until this point, the Liberal justice minister had been justifying the use of conditional sentencing for violent and sexual offences by suggesting that such sentences could be appealed. However that same minister was now being told in clear language in an appeal ruling that murderers and rapists could continue to be eligible for house arrest because the Parliament of Canada itself refused to say otherwise.
When it became clear that the Liberal government would not act to close this serious loophole in Canadian law, I took it upon myself to introduce a private member's motion to do so in March 1998. I stepped up my efforts to restrict the use of conditional sentencing for serious and violent crimes by introducing clear and detailed legislation on March 26, 1999. Throughout the next three Parliaments, I reintroduced this private member's bill. When I reintroduced it in this Parliament just last month I expressed how hopeful I was that Canada now had a Conservative Prime Minister and justice minister who would listen to what Canadians were telling us. They told us that it was time to crack down on society's most violent criminals.
I have always had a great deal of respect for my colleague, the hon. justice minister who hails from Provencher, Manitoba, and yet even I am surprised at how quickly and decisively he has acted to restore Canadians' confidence in their justice system. Finally, after nearly a decade of frustration, as violent criminals and sexual predators have been granted get out of jail free cards, the provisions outlined in my private member's bill are being advanced in this Conservative government legislation.
As I stated, this bill is designed primarily to restore confidence in the criminal justice system. It also aims at finally using conditional sentence orders in a manner that this Parliament originally intended to use them.
A conditional sentence is a sentence of imprisonment of two years less a day, which the offender may serve in the community provided that the offence for which the offender is convicted is not punishable by a mandatory minimum penalty and provided that the court is satisfied that serving the sentence under house arrest will not endanger the safety of the community and would be consistent with the fundamental purpose and principles of sentencing which are set out in the Criminal Code.
The government promised to undertake a number of reforms to protect our communities from serious crime. On May 4 the government delivered on two of its commitments. Bill C-9, which is of interest to us today, aims at ending conditional sentence orders for serious offences, including serious violent offences, punishable by a maximum of 10 years or more and prosecuted by indictment.
Some concerns have been voiced by jurisdictions with large aboriginal populations. While proposing this bill, we remain cognizant of these concerns. The concerns expressed by these jurisdictions are that the impact of this bill will exacerbate the overrepresentation of aboriginal offenders in correctional institutions in Canada and could put at risk some justice programs focused on native traditions of restorative justice rather than prison time. This is a problem that must be addressed, though not at the expense of lenient conditional sentences for serious offences, including serious violent offences.
Aboriginal justice issues are complex given their cross-jurisdictional nature. The overrepresentation of aboriginal offenders must be dealt with through partnership between federal, provincial and territorial partners, and aboriginal communities themselves.
The Department of Justice is supporting, through the aboriginal justice strategy, restorative justice approaches that include: diversion, sentencing alternatives, family and civil mediation, and other services that strengthen the links between community justice workers and the courts. Moreover, the government continues to fund programs to deal with lack of opportunity and substance abuse in our aboriginal communities.
However, restorative justice programs can be controversial if not implemented with appropriate safeguards. These programs are not intended to replace other criminal justice system responses to criminal behaviour. They do however represent an effective and progressive manner in dealing with minor offences.
A significant aim of Bill C-9, which is before us today, is the promotion of more peaceful aboriginal communities. In Canada, it is true, aboriginal people are overrepresented as offenders. Also true however is that aboriginal people themselves are overrepresented as victims.
According to a 1999 general social survey entitled “Aboriginal Peoples in Canada” prepared by the Canadian Centre for Justice Statistics Profile Series, 35% of aboriginal people reported being a victim of crime. This figure is approximately 10% higher than for non-aboriginal people. Moreover, aboriginal people are three times more likely to be victims of violent crimes than non-aboriginal people.
This is also true in cases of family violence and sexual offences. For instance, the general social survey reports that aboriginal people were three times more likely to be victims of social violence than those who were non-aboriginal. Furthermore, aboriginal victims of spousal abuse are more likely to suffer from some serious form of violence than non-aboriginal people.
In terms of sexual offences, the Canadian Centre for Justice Statistics reports that in 2002 the rate of sexual offences in Nunavut was 12 times higher than all of Canada. In the Northwest Territories it was six times higher than all of Canada. In Yukon Territory the rate of sexual offences was four times higher than all of Canada.
This bill does not sacrifice the protection of victims and the protection of our communities in favour of lenient sentences granted to serious violent offenders. Having a community live in fear is not an acceptable solution. I submit that it is with victim safety in mind that we support conditional sentences in a manner that closely aligns with the purpose and the principles of sentencing as set out in the Criminal Code.
Rehabilitation and reintegration into the community are important objectives that this government supports. Though appropriate in many situations, however, societal reality dictates that conditional sentences are equally inappropriate for the offences dealt with by this bill. That said, we must remember that conditional sentences are not being taken off the books entirely with this legislation. They will still be available in a wide array of cases involving less serious crime.
In addition, conditional sentences and prison terms are not the only criminal sentences available in our criminal justice system. While it is true that a number of offenders now eligible for a conditional sentence of imprisonment will be going to jail after this bill comes into force, some of the offenders now getting conditional sentences will be receiving suspended sentences with probation.
For all these reasons, we believe that the restriction of conditional sentences for serious offences is a necessary change in the working of our criminal justice system and in the protection of all communities, including aboriginal communities.
My government has committed itself to instituting reforms that adhere closely to the principles of justice which we hold dear.
In closing, I would like to repeat for the benefit of all members in this House, and for those viewing the debate today, the B.C. Court of Appeal's open challenge to this Parliament, and to previous Parliaments, I might add:
If Parliament had intended to exclude certain offences from consideration under s.742.1, it could have done so in clear language.
Canadians have always wanted their Parliament to exclude violent and sexual offenders from consideration under section 742.1. It has been nine long years since that ruling. I would like to thank the present justice minister for leading this Parliament into doing its job when it comes to clarifying legislation surrounding conditional sentencing.
