Mr. Speaker, before we went into question period, I was talking about the fact that Bill C-9, as originally presented by the government, would have had a severe impact on first nations, Métis and the Inuit. They already are severely overrepresented in the criminal justice system. Removing the option of conditional sentences for so many offences would have only increased the numbers of aboriginal people in prison.
I want to quote from the Teslin Tlingit Council letter, dated October 20, asking the government to reconsider its position around conditional sentences. It states:
Within the Yukon, conditional sentences have proven to be an effective instrument utilized by the Territorial Courts working with First Nation community processes, such as the Teslin Tlingit Peacemaker Sentencing Panel. Conditional sentences have contributed toward the promotion and exercise of community accountability and support of offenders to achieve the successful completion of their conditions, while also acknowledging and responding to the interests of those who have been victimized by crime. The result is that families are kept together with a focus on balancing retribution and rehabilitation of the individual, which provides for the benefit of the overall community.
It is incumbent upon this House to consult appropriately with aboriginal people to ensure that the justice system is not going to take its toll on their families and communities.
This bill, as amended, was the result of diligent work by all members of the opposition party on that committee. I want to especially single out the member for London West who worked with the member for Windsor—Tecumseh and a member from the Bloc to have the bill amended to reflect the wishes of Canadians.
Canadians had been saying that they recognized the serious concerns. Canadians had some serious concerns where conditional sentences were used for serious violent crimes. Canadians thought that in those cases they were inappropriate. As a result, the amended bill reflects the fact that serious violent crime is not a situation where conditional sentences should be used.
This bill now reflects the intention to provide notices to judges to be much more careful when considering offences involving serious violent crime.
I want to use an example of serious sexual assaults. The committee heard from aboriginal women of cases where there were very serious assaults, yet the severity of the assault was not given sufficient consideration when conditional sentencing was considered.
There were a very small number of cases involved in this kind of serious violent crime, but it is very important that judges hear from parliamentarians that using conditional sentences in those kinds of circumstances just was not appropriate. This amended bill provides that direction to the courts not to repeat those kinds of abuses of conditional sentencing.
Much has been made about the use of conditional sentences, and there has been a saying to never let the facts get in the way of rhetoric and a lot of overblown statements. However, the opposition parties did consider the facts. They looked at the information that had been provided by a number of witnesses that talked about the benefits of conditional sentencing. In fact, Canada has been a leader in the world in making conditional sentences work.
Conditional sentences are a step in between probation and incarceration. Part of the benefit of conditional sentences is that it allows the judge the latitude to order treatment and other rehabilitative measures. Statistics show that when offenders have access to treatment and other rehabilitative measures, their chances of returning to prison go down.
This is an important factor because Canadians want prevention. They do not want people to end up in prison to begin with. They to ensure that they have access to housing and to education, and to other social supports that prevent them from getting involved in a life of crime to begin with. Canadians do not want people to return to jail. We know that if we provide some measures, in cases where it is not a serious violent crime, to keep people out of prison, their chances go down of re-offending.
These numbers come from Statistics Canada, from the Canadian Centre for Justice Statistics. It says that those who served a conditional sentence were less likely to return to corrections than those who served a prison sentence. These are statistics from Newfoundland and Labrador, Nova Scotia, New Brunswick and Saskatchewan in 2003 and 2004.
It is often said in this House that the victims often get left out of this equation. There was a study conducted by Julian Roberts and Kent Roach which concentrated upon the victims of crime and their attitudes toward conditional sentencing. Let me refer to what came out of that study, which again was concentrated on the victims of crime.
It was found that most rehabilitation programs can be more effectively implemented when the offender is in the community rather than in custody; that prison is no more effective a deterrent than the more severe intermediate punishments such as enhanced probation; and that the widespread interest in restorative justice has sparked interest in community based sanctions. Restorative justice initiatives seek to promote the interests of the victim at all stages of the criminal justice system, but particularly at the sentencing stage.
There has been some work done. I want to put this in context. We talk about the Conservatives being Republican-like, so I need to bring in statistics from the U.S. According to an article in Vanity Fair:
If the blue states are sinkholes of moral decay, as right-wing pundits insist, how come red states lead the nation in violent crime, divorce, illegitimacy, and incarceration, among other evils?
This Vanity Fair article talks about a book called Red State, Blue State. It says that red states tend to be the most violent places to live. These are Republican states. Red states dominate the rankings of violent crimes despite their emphasis on judgment and incarceration. It seems that the odds of being shot are much higher in a red state and they are the top 15 states in the rate of death by firearms. In the U.S., which has already had this history of being so-called tough on crime, we have seen that crime goes up.
I would argue that we need to look at the appropriate use of conditional sentences and we also need to look at being tough on the causes of crime and being smart on crime. In those cases, what we really need to do is look at adequate enforcement, prevention and a social safety net that supports keeping people out of poverty and supports the appropriate drug and alcohol rehabilitation as being very necessary.