Madam Speaker, I rise with great pleasure to discuss the motion of my hon. colleague from Yukon, Motion No. 265.
I will read it again for the House to put it on the record:
That a legislative committee be established to prepare and bring in a bill, in accordance with Standing Order 68(4)(b), to abolish the legal defence of provocation contained in section 232 of the Criminal Code of Canada.
I have always respected the views of other parties, especially those of the government, the Reform, the Bloc and the Conservative Party, but it is amazing to listen to the Reform Party and the Conservative Party. They are the ones who are on record as wanting to lower the age in the Young Offenders Act down to 10 years. Now they are concerned about eliminating a provocation example for the murder of an individual.
Allow me to read some paragraphs regarding two cases. These will illustrate the reasons the hon. member for Yukon brought the motion forward. Listeners may want to turn off their television sets because it is not very pretty:
This motion came on the heels of the Klassen trial's outcome. It involves a murder that took place in Yukon and had outraged Yukoners and Canadians nationwide. The main cause of this public outcry in the Klassen case was the injustice of the sentencing.
This is exactly what the hon. member for West Nova said was there to protect us. It continues:
Ralph Klassen who openly admitted to having strangled his wife (Susan) to death when she tried to end the marriage, was sentenced to only five years in prison. He was charged with manslaughter. This lowered his sentence to five years, or less if he gets parole. Unfortunately there is no lack of examples which resemble the Klassen case where a person kills another human being and receives minimal punishment. One may recall the B.C. case involving Bert Stone, a man who had stabbed his wife 47 times, put her body in a toolbox and then went to Mexico for a month. For this he received a sentence of four years in jail. He had been able to successfully prove that his wife had provoked this violent behaviour by verbal insults delivered over a four hour drive.
It is a one sided debate. The fact is this woman is dead. She cannot rise from the dead and present her case to the courts. The courts have only one person's view on the evidence. The courts took it and gave the man four years in jail, which means with good behaviour he is out in a third. What kind of signal are the courts sending to women, to the defenceless, to seniors, and to young people?
It is quite obvious by the tone of the other three opposition parties that the motion will not go very far. The member for Yukon has raised the issue in the House exactly where it should be. Laws in the country should be made through the legislative process, through parliament, for judges to interpret. It is most unfortunate that the judges in these two particular cases, and there are other examples, have literally given people their walking papers after committing such violent crimes.
In Beaver Bank in my riding a gentleman has received numerous drunk driving charges. I believe on his eighth one he was finally successful in killing someone, a young 18 year old woman who had her whole life in front of her.
What did he get? It was the largest sentence ever handed out for a drunk driving charge: 8.5 years. After only 18 months he was given three days of parole on the condition that if he were a good boy he would be allowed out. This man received eight charges for drunk driving. He received an 8.5 year sentence, the most ever in Nova Scotia, and after 18 months he got three days of parole. Can we imagine what the parents of that child are going through? Where is the justice in that?
Allow me to read a couple of other paragraphs to illustrate the point that my hon. colleague from Yukon is trying to get through. The first one reads:
One of the major distinctions that can be seen for our society is the quest to preserve human life. The defence of provocation came into being at a time when a life came second to an insult of honour. This way of thinking may seem barbaric but this defence has been repeatedly used, even by recent killers to “get away with murder”. In essence it is a licence for violence. By abolishing this defence we would be sending out a clear message regarding murder. Namely, that excusing murder has no place in our society and that violence cannot be used as a response to a non-violent act, a legal act or an insult.
This means the defence can be used in the interests of the killer to have a secure murder charge. In this manner the murder charge can be lowered to manslaughter which carries no minimal sentencing time. This leaves the sentencing of these crimes to the discretion of the judge.
There is also the matter of the definition of provocation as set out in section 232, which can be seen as forming the core of the defence of provocation. It reads as follows:
—a wrongful act or an insult that is of a nature to be sufficient to deprive an ordinary person of the power of self-control. This does not mean that the wrongful act or insult has to be illegal, simply that it was enough to cause someone's rage to explode and to strike out. It is arguable that no definition of insult or wrongful act can justify someone killing another even at the point of human weakness. Revisiting the Klassen case discussed at the beginning, the provocation of the husband was his wife was trying to leave the relationship.
There was obviously a reason she had to leave and it was probably a very valid one. The paragraph continues:
Already separated from her husband, Susan Klassen indicated that she wanted to end the marriage and to move on with her life.
I may point out that a person who is killed is not a special interest group. A woman who is abused by her husband or by the system is not a special interest group. The special interest group in this particular case, as my colleague from the Conservatives was mentioning in this case, is the murderers. They are the special interest group. They are the ones who put forward their defence to the judges because the woman or the person they murdered is not there to defend themselves. It continues:
No matter how she phrased this, did she deserve to be strangled to death by her spouse? Couples end relationships every day. This decision has become a common occurrence but killing a partner is not a natural outcome of this decision. Killing due to racial slurs, homophobic tendencies or any other prejudice, however mean spirited, should not be enforced or supported in our criminal system. By abolishing the defence of provocation there would be a concrete reinforcement of the notion that killing in retaliation is an illegal act.
The fact is there are too many objective elements in this defence, each of which is at the mercy of countless interpretations.
It is also important to note that the case only brings forth the stories of the killers. The courts only hear their version of what happened and how they were the victims of insults and wrongful acts and therefore forced to kill. Imagine that. They manage to turn it around and say they are the victims when in actuality the dead woman in this case is the real victim.
Another side of the story remains silent as judges and juries decide if the killer will be forgiven for the murder and given a token prison sentence. Let us vote to eliminate this unjust defence which promotes violence and inequality.
I also wish to make a personal note and speak as the father of two young girls, a husband of a loving wife and a brother of four sisters. The fact is that violence against women continues today as much as it always has. Imagine standing in the House of Commons and honestly saying that he was a little ticked off, a little angry, but that was okay.
Imagine if the Littleton, Colorado, event happened in Canada as it did in Taber and the excuse used by the young killer was that they teased him and upset him? Imagine if the judges said that was a valid defence and he received a minimal charge? What would the parents of the victims say? What message is being sent out?
The opposition is correct when it says that defence issues and legal issues are very complex and cannot be based on emotional rhetoric. I agree. This is why the hon. member for Yukon has asked for a legislative committee to be established. Although her purpose is to get rid of the legal defence of provocation, she is a very reasonable, understanding and intelligent woman. If the legislative committee agrees with certain changes to the act, she would support it because it would be an all party committee.
I cannot help but think how great it is that the hon. member for Yukon has raised this very serious issue in the House for debate so that it can be further debated within committee and within the justice department.