Rob Moore

[Justice, June 16th, 2006]

Mr. Speaker, I cannot explain to the hon. member why Liberals say one thing during an election and then do another after an election.

I will tell him what Canadians told us. They said they were fed up with violent gun crime and they were fed up with a Liberal revolving door answer to crime.

With Bill C-10 we introduced tougher gun crime laws to ensure that serious and repeat firearms offences will be met by appropriately stiff minimum penalties. I am very pleased that Bill C-10 passed second reading and is being referred to committee despite the Liberals' flip-flop on this important issue.

[Graduating Classes of 2006, June 15th, 2006]

Mr. Speaker, in my riding of Fundy Royal there are over 1,000 students graduating from high school this spring. I rise today to recognize the product of their commitment to stay in school, study hard and to graduate.

Because we live in a prosperous land, we can expect that great things await these young people. Canada's new government is doing its part to make this a reality. In the recent budget, the government brought in measures to help graduating students face the cost of post-secondary education, including a tax credit on books, the exemption of scholarships and bursaries from income tax, and the expansion of the eligibility of middle income students to receive student loans.

The graduates of today are the leaders that will shape the Canada of tomorrow. I invite members to join me in congratulating the graduating classes of 2006. As parliamentarians, we wish every one of them the very best for the future.

[Criminal Code, June 14th, 2006]

Mr. Speaker, I rise today to speak to Bill C-291, a bill that proposes to amend the Criminal Code to create a new offence of injuring or killing a child before or during its birth while committing an offence against the pregnant mother.

I believe, at its core, the bill is about ensuring that our criminal law strongly condemns and holds fully accountable those who commit violent acts against others, particularly against persons who are more vulnerable to violence. The evidence is clear that pregnant women are more likely to be victims of assault by their partners than other similarly situated women. These objectives are strongly supported by Canadians and, indeed, are reflected in the government's priority of getting tough on crime.

At the outset, I understand and support the message that Bill C-291 seeks to send to would-be offenders. If we are to achieve this important objective, we must seek to do so in a way that is consistent with fundamental principles of criminal law and that conforms with our constitutional law. If we do anything less, if we support legislative reform that does not follow the contours of our Constitution and its conventions, then we in fact fail to provide Canadians with the very protection against violence we seek to provide.

That is why the government cannot support Bill C-291. Although it appreciates the its intent, we believe its proposed reforms are in fact unconstitutional and, as a result, cannot do what it purports to do. It cannot succeed in providing the additional protection against personal violence, which we all agree Canadians want and deserve.

Bill C-291 proposes to create a new criminal offence. Under the bill, a person who injures or kills a child before or during its birth, while committing or attempting to commit an offence against the mother who is pregnant with that child, could be charged with the same offence against the child. Under Bill C-291, an accused could be charged with such an offence without knowledge that the mother was pregnant and without the accused intending to injure or kill the child. Therein lies the problem.

Bill C-291 proposes to create a new offence that would apply even though an accused did not intend to commit a crime. One of the fundamental principles of criminal law is that persons are not punished simply because harm was done, but rather because they are morally culpable for causing that harm. Therefore, a criminal offence may only be committed where there is both a guilty act and a guilty mind. There must be an intention to commit the act, as well as the commission of the act itself.

An offence that does not require a guilty mind and that requires only a guilty act is called an “absolute liability offence”. The Supreme Court of Canada has repeatedly found criminal offences of such a nature to be unconstitutional. The effect of the proposed offence in Bill C-291 is also to clearly prevent an accused from invoking available legal defences. This too raises additional charter concerns under sections 7 and 11(d), namely, the right to a full answer and defence.

Again, the Supreme Court of Canada has consistently held that such grounds of unconstitutionality cannot be saved under the charter. In other words, punishing people who cause harm but who are not morally culpable cannot be said to be “demonstrably justified in a free and democratic society”.

As I said at the outset, while I understand and appreciate the objective of Bill C-291, I believe the bill's proposed reforms are unconstitutional. As a result, the bill cannot achieve its objective of safeguarding Canadians against violence. This does not mean that Canadians are not protected by existing criminal law.

Section 238 of the Criminal Code makes it an indictable offence, with a maximum penalty of life imprisonment, to cause the death of a child while it is being born. As well, section 223 provides that where a person causes injury to a child before or during its birth, as a result of which the child dies after its birth, that person commits the offence of homicide.

Moreover, where an accused kills another person, whether the victim is pregnant or not, the accused may be charged with first degree murder or second degree murder, both of which carry a mandatory penalty of life imprisonment.

The criminal law ensures that the impact of violence perpetrated on victims is reflected by the sentence or penalty imposed in each case. In all cases, a sentencing court must consider aggravating as well as mitigating circumstances.

The specific situation of the victim is always considered. For example, was the victim a victim of spousal abuse? If so, section 718.2 of the Criminal Code requires the sentencing court to consider this as an aggravating circumstance for sentencing purposes. Whether the victim was pregnant or the mother of one or more children will also be considered as an aggravating circumstance. Indeed, under section 722 of the Criminal Code, a sentencing court must consider a victim impact statement that has been prepared in a case that describes the harm done to, or the loss suffered by, the victim arising from the commission of the offence.

The government's commitment to Canadians does not end with merely supporting the existing criminal law. The Speech from the Throne underscores the government's commitment to get tough on crime, to tackle offenders, to bring in tougher sentences for violent and repeat offenders, particularly those involved in weapon-related crimes.

This commitment is directly relevant to Bill C-291, as I understand the bill was motivated by a case that is currently before the courts and which involved the use of a firearm. The government has already delivered on our Speech from the Throne commitment. On May 4, the Minister of Justice tabled Bill C-10, an act to amend the Criminal Code, minimum penalties for offences involving firearms, and to make a consequential amendment to another act. The reforms in Bill C-10 seek to ensure that the use of a firearm in the commission of a serious offence will be subject to a significant sentence.

Further, as the House knows, we brought in Bill C-9, which addresses the serious issue of conditional sentencing. The government is serious about getting tough on crime, about protecting victims and about ensuring that we have a criminal justice system that Canadians can have faith in.

Bill C-291 speaks to the importance of protecting Canadians against violence. It speaks to the need to ensure that our criminal law adequately reflects the serious impact of violence on all of its victims. I believe all members of the House can support these objectives. That said, our duty as parliamentarians is to ensure that we enact legislation that respects fundamental principles of Canadian law.

The government is committed to protecting Canadians and we have already taken strong measures to do so.

[Criminal Code, June 13th, 2006]

Mr. Speaker, I am very pleased to speak to Bill C-299. I would like to say at the outset that the government applauds the member for this very timely bill as well as his hard work in putting the bill together.

This bill would do several things. It would amend the Criminal Code, the Canada Evidence Act and the Competition Act, all with a view to dealing with the obtaining of personal information by deception. More generally, this bill seeks to address the scourge of identity theft.

Identify theft is a term that is frequently used and freely bandied about. For the most part, identity theft refers to the acquisition and improper use of another person's identification information.

This is an activity that is by all accounts rising rapidly in Canadian society. The types of information and information based items which may be obtained and exploited include names, addresses, financial account numbers, credit cards and debit cards and numbers, driver's licences, health insurance cards, passports, and social insurance numbers, to name but a few of the more significant and highly targeted items.

Armed with this information, a criminally minded person may do any number of things, such as obtain direct access to a person's bank accounts or make purchases with a person's credit card. Title fraud, a particularly troublesome form of identity crime, involves fraudulently assuming the identity of a property owner and using that identity to sell or mortgage the property out from under the owner.

In each of these manifestations of identity crime, the criminal is out to obtain money, obtain some form of financial value, or gain access to a service for which he or she would otherwise have to pay. Indeed, most incidents of identity theft are motivated purely by financial gain. Many of us as members of Parliament sometimes have had to deal with the very troubling stories from constituents who have been the victims of identity theft. It is something that leaves people feeling very vulnerable and violated.

There is another side to identity theft which is no less dangerous to society. Assuming the identity of another can get a person things, but it can also be used as a shield to blanket the identity thief in a form of anonymity. There is a freedom in having people believe that someone is other than who that individual actually is, a freedom that allows the individual to operate undetected by others from whom the individual wishes to hide.

In this form, identity theft may amount to a person renting an apartment or obtaining services in someone else's name. In many cases the criminal is very diligent about paying bills on time as this avoids raising suspicions. Criminals may also use the identity of another person to obtain employment. Worse still, a person may offer up the identity of another if detained or arrested in the investigation of a crime.

Both objectives of identity crime, financial gain and anonymity, may be closely linked to several very serious issues which this government is dealing with currently, such as drug trafficking, organized crime, and most alarmingly, terrorism. The reasons for this are obvious.

Identity theft is a means of generating revenue. Those involved in these types of activities directly seek this type of revenue. It is essential for them to fund their operations. They are seeking this revenue either as an end in itself or because money furthers their primary criminal intentions.

Drug traffickers, organized criminals and terrorists are certainly interested in staying beneath the radar of law enforcement, out of the eye of border authorities and away from the view of intelligence officials. Unfortunately, one of the best ways to accomplish all of these aims is to exploit and assume the identity of some innocent and law-abiding Canadian.

In many ways identity theft is not new. Human beings have been deceiving each other to obtain advantages for millennia. Identity deception is just one of many ways one person may deceive another in order to obtain something of value. It may be, for example, that one factor contributing to the rise in identity crime is the pace of new technologies. We have seen an explosion in technologies in recent years. While we are all reaping many of the benefits of new technologies, there is also the threat of new harms.

The Internet in particular has allowed computer hackers to get inside private sector and government databases to steal sensitive personal information. Any of us who have read the news are familiar with some of those situations.

Mass e-mailings or spam sometimes contain what is known as a “phishing” attack. This is a link to a deceptive website designed to look like the legitimate website of a known commercial establishment with a request for the recipient to input personal data. Phishing is a prime method of stealing identity information for criminal use.

The impact of identity theft on the victims of this practice can be devastating. There are obviously the financial losses suffered by the victim, including dozens or hundreds of hours and significant costs associated with rectifying frauds, clearing credit card records and squaring things with banks or credit card companies.

There is also the emotional and psychological harm to the victims who frequently report a feeling of being violated or having had their personal lives invaded. The seriousness of identity theft can be seen in the fact that there is a range of activities and initiatives currently under way to better safeguard Canadians from identity theft. The private sector, provincial governments, police, consumer advocacy groups and document issuing authorities to name just a few are tackling identity theft in a variety of ways. Through public education campaigns, consumer advisories, improvements to the security features on credit cards and identity cards, enhanced protection of privacy interests within businesses and government, and improved security of computer networks, the corporate, public and the not for profit sectors are working together to help minimize this behaviour.

In terms of the current criminal law, hon. members should know that where the term identity theft is used to refer to the actual use of another person's identity to commit a crime, our Criminal Code contains some offences that cover this range of behaviour. Where a person pretends to be another person and thereby obtains property or something of value or service, that person may be guilty of fraud or false pretense. Our Criminal Code also has a very broad and flexible offence of impersonation which prohibits pretending to be another person with intent to gain an advantage or cause a disadvantage. This is broader than an economic advantage.

There is also a range of offences related to forgeries, specific credit offences, specific passport offences and mail theft.

It is clear that identity theft at its worst is addressed in some offences in our Criminal Code. However, Bill C-299 accurately highlights the fact that there are limitations to the current reach of the Criminal Code, and as always, there is room for improvement. As I mentioned, the explosion in new technologies and the fact that criminals never rest means that we also as a government can never rest in our defence of Canadians' rights and protection of their property and their freedoms.

In 2004, justice officials consulted with some key stakeholders on basic questions about improving our Criminal Code. Based on this input, officials are refining some key points for improving the criminal law's ability to deal with identity theft. New and more focused consultation is certainly needed with the banking community and other sectors covered by identity theft.

We look forward to the fruits of those consultations. We are committed to ensuring that our criminal laws contain comprehensive and effective tools to combat identity theft.

I also look forward to working with my colleague, the member for Edmonton—Leduc, on protecting Canadians' personal information. I also wish to thank the member for introducing his bill and for giving me the opportunity today to discuss this pressing issue.

[Criminal Code, June 6th, 2006]

Mr. Speaker, in response to the hon. member's question, the concern as to the application of this piece of legislation, to suggest that some people are concerned that one type of firearm or another is not included, someone could certainly bring forward any amendments to this piece of legislation.

The fact of the matter is, as I mentioned in my speech, we are targeting the gang violence in our big cities. Oftentimes, 65% of those crimes are being committed with handguns which would be restricted or prohibited weapons. That is very specifically what Canadians were seeing over the last few years. That is what the bill seeks to target. To be clear, after this bill is passed, mandatory minimums will be in place for all serious firearms offences, whether they be done with a long gun or a handgun.

With respect to the issue of studies, there are all types of jurisdictions, including our own, that have mandatory minimums for some offences. We are going to have to study the results coming out of those. To be clear, the Liberal Party and the NDP in the last election were proposing to toughen up mandatory minimum sentences. Presumably that also was based on their feeling that there was a need to get tougher and to send a deterrent message that there would be mandatory minimum sentences for the commission of gun crimes. The vast majority of MPs in this House ran under that very platform.

[Criminal Code, June 6th, 2006]

Mr. Speaker, as a matter of fact, as I mentioned in my speech, this bill is one component of our overall strategy to tackle crime.

As I also mentioned, our budget provides funding for more police officers. Increased numbers of front line police officers are going to be necessary to crack down on crime. We are doing that. We are increasing funding for police officers. We are providing funding for those very youth initiatives that the member mentioned. I also mentioned in my speech that funding for initiatives to prevent youth from getting involved in crime is also necessary.

We can make no mistake about this, though, in that another component of a crime prevention strategy has to be tough sentencing for those who ultimately make the decision that they are going to use a firearm in the commission of an offence. This bill is targeted specifically at those criminal offenders, those who partake in gang related activities. It is tailored toward the violent crimes that we saw taking place in Toronto, for example, where gangs were using handguns in the commission of offences.

As a matter of fact, there are mandatory minimum penalties in law. Once this bill is passed, the situation will be that there will be mandatory minimum penalties for the use of any type of firearm in the commission of an offence.

[Criminal Code, June 6th, 2006]

Mr. Speaker, the United States is another country. My role as a member of Parliament is to work to make Canadian society safe. It is America's responsibility to deal with its problems.

This bill is a Canadian solution to what is a Canadian problem. For a long time in cities in Canada we have not had as much of a gang problem or as much of a handgun problem. Some people felt it could not happen in Canada. I would hope that if there is any lesson that can be learned from the last few years, and even from recent events, it is that it is not appropriate to ever say that something could not happen in Canada.

We are taking an approach which sends a message that we are going to be tough on criminals and tough on crime. We are not going to take the approach that was taken in the past in targeting law-abiding citizens. We are going to target criminals. That is exactly what this bill does. It is designed to make Canada safer, Canadian citizens safer and Canadian cities and rural communities safer.

[Criminal Code, June 6th, 2006]

Absolutely, Mr. Speaker, what we are doing is putting in place clear directions to crown prosecutors and the courts that we as a Parliament and as a society take gun crime seriously. This is why we are putting these mandatory minimums in place. We believe that prosecutors and crown attorneys are going to hear this message and use these mandatory minimums effectively.

We have to remember that in the last election almost all parties proposed an increase in mandatory minimum penalties. We know that over the course of the last election and during the campaign there were some high profile handgun crimes and murders committed in some of our major cities. There was a reaction from some parties. This party is continuing to call for getting tough on those who, one, are using guns in the commission of gang related crimes and, two, are using restricted or prohibited firearms to commit those crimes.

We are sending a clear message. This message goes throughout all of society. It goes to the gang members, the legal system, the crown prosecutors and the judges, that Parliament, representing Canadian society, is saying it wants these sentences imposed when someone uses a handgun to commit an offence against another Canadian citizen. I think this bill is going to do that very effectively.

[Criminal Code, June 6th, 2006]

Mr. Speaker, it is interesting to hear some of the comments and speeches from other members and also some of the questions and answers. It is quite enlightening.

I am delighted to have the opportunity to speak to this very significant bill. It is a bill that is in keeping with the campaign and election commitments made by the Conservative Party of Canada to Canadians.

We said that we would toughen up the laws on crime, target crime and criminals in an effective and efficient manner. We said that we would bring in penalties that would send a message to gangs, to those who preyed on citizens and to those who used handguns in the commission of violent offences. We said that we, as a Canadian society and as a Parliament, would not tolerate that any more.

Bill C-10 proposes escalating minimum penalties that are specifically tailored to the nature of the current gun crime problem in Canada.

Just to correct the record, the member mentioned that handguns were not a significant part of the problem and that somehow long guns were. This legislation targets handgun crimes. Sixty-five per cent of homicides in Canada are committed with handguns. The vast majority of those handguns are illegal guns. They are unregistered and many of them are smuggled in to Canada by gangs.

It is suggested somehow that we should continue targeting law-abiding hunters, gun collectors and farmers. For 10 years we have lived with the gun registry, a Liberal scheme which targeted law-abiding citizens rather than criminals, and this is a ridiculous assertion.

This is aggressive and decisive legislation. It uses appropriate and adequate measures. It is aimed at curbing gang and gun violence, particularly crimes committed with handguns.

The bill is not directed at law-abiding firearm owners or aboriginal Canadians who use firearms for hunting or target shooting. Frankly, it is a refreshing approach. We have a crime problem. The proposed bill targets criminals who continue to use firearms in the commission of serious crimes.

I am very pleased the government has taken action to get tougher on serious firearms offenders. I am certain that many Canadians feel, as I do, that our gun control laws should be directed at those who use firearms for criminal purposes and not at hunters and farmers who use firearms for legitimate purposes.

The approach taken in Bill C-10 is appropriately directed at the gun crime problem. Bill C-10 proposes tough criminal sanctions for those who commit serious firearms offences, with significantly tougher mandatory minimum penalties for those who have a criminal record that includes serious firearms offences. We are sending the message through this that if a person continues to offend, there will be escalating consequences.

The escalating minimum penalties depend on the nature and level of seriousness of the offence. For a series of serious use offences, enhanced minimum penalties will apply when one of two aggravating factors is present.

The first possibility is whether a firearm was used in the commission of an offence that is linked to a criminal organization; that is a gang. Over the last few years in Toronto and elsewhere, we have seen a complete escalation of gang violence and gang members using handguns to victimize other Canadians.

The second aggravating factor is whether a restricted or prohibited firearm, such as a handgun, is used in the commission of that offence. If either of those factors is present in the commission of attempted murder, discharging a firearm with intent to injure a person or prevent arrest, sexual assault with a weapon, aggravated sexual assault, kidnapping, hostage taking, robbery or extortion, the following mandatory minimum penalties will apply.

Members will see that these are reasonable penalties in light of the offences I just named: five years on a first offence; seven years if the accused has on their criminal record a prior conviction entered in the last 10 years for having used a firearm in the commission of an offence; or 10 years if the accused has more than one prior use conviction. This is an escalating penalty for those who are repeat offenders.

For other serious offences in which a firearm was not used in its commission but involved firearms, different escalating mandatory minimum penalties would apply. These offences do not require the presence of aggravating factors such as the use of restricted or prohibited firearms or a connection with organized crime. These escalating minimum penalties are based on repeat offending for the offences of: possession of a loaded, restricted or prohibited firearm; firearms trafficking; possession for the purpose of trafficking; making an automatic firearm; firearm smuggling; and a new offence of robbery where a firearm is stolen. This would apply to what the previous speaker talked about where gang members targeted legitimate firearm owners. The previous government's solution to that problem was to continue targeting law-abiding citizens, thereby further victimizing the victim. We are going to target these criminals and that is what we should be doing.

The following mandatory minimum penalties will apply in these cases: three years on a first offence; and five years if the accused has a prior conviction. For the offences of possession of a firearm obtained by crime, possession of a firearm contrary to a court order, a new offence of breaking and entering with intent to steal a firearm, using a firearm or imitation firearm in the commission of other indictable offences, the following mandatory minimum penalties will apply: one year on the first offence; three years if the accused has a prior conviction in the last 10 years for having used a firearm in the commission of an offence; or five years if the accused has more than one such conviction.

The firearm offences targeted in proposed Bill C-10 are very serious offences. It appropriately targets serious or repeat firearm offenders. It does so in a tough but measured way based on relevant aggravating factors. The bill aims at ensuring that appropriately tough sentences are imposed on gun offenders and that Canadians are protected from threats posed by gangs and the use of firearms.

Parliament is responsible for setting the range of penalties, both maximum and minimum penalties, which it considers appropriate for Criminal Code offences. Next to murder, the penalties for firearms offences are the harshest in the Criminal Code, particularly in regard to the application of minimum penalties.

Proposed Bill C-10 builds on the existing approach with respect to minimum penalties for firearms offences and it does so in a way that is consistent with existing sentencing principles.

The principles of sentencing set out in the Criminal Code provide that the fundamental purpose of sentencing is to contribute, along with crime prevention initiatives, to respect for the law and the maintenance of a just, peaceful and safe society by imposing just sanctions that have specified objectives. These objectives include denunciation, deterrence, separating offenders from society if necessary, rehabilitation and providing reparation to victims and communities. It is all too often that victims and communities are last on our list of priorities. The bill aims to move them into a priority and show Canadians that we take the concerns of victims and communities seriously. We will do what is necessary to ensure that victims are not re-victimized and that communities in Canada are safe.

These objectives are also meant to promote acceptance of responsibility and acknowledgement of harm done to victims and communities.

Another important principle is that of proportionality. In other words, a sentence should be proportionate to the gravity of the offence and the degree of responsibility of the offender. When we speak about the principle of proportionality, full consideration must be given to both the gravity of the offences and the moral blameworthiness of an offender.

Bill C-10 readjusts the penalty ranges for a number of serious firearms offences to raise the lower end of the sentence that can be imposed. This is being done to specify that, compared to other crimes, serious and repeat gun crimes should be punishable by more severe sentences. I think Canadians have said overwhelmingly, and parliamentarians are listening, that this is the approach they want. They want us to take an approach that targets criminals, gun crimes and repeat offenders especially.

Violent gun crimes such as handgun robberies, supplying criminal gang members with illegal guns or attempting to kill gang rivals are the types of serious gun crimes being targeted by Bill C-10. Those who commit these types of offences are more morally blameworthy, as these crimes often take place in our communities, thus putting the greater public at risk. We also have seen tragic examples of this, where a conflict between gang members who may be from rival gangs has resulted in an innocent person being caught in the crossfire and being injured or even killed.

Much effort went into ensuring that the penalties proposed in Bill C-10 are appropriately tailored to the current gun crime problem. The highest levels of 10 years for using a firearm and five years for other serious firearms related offences will be applied to repeat firearms offences. The manner in which the highest minimum penalties will apply is intended to ensure that they do not result in grossly disproportionate sentences being handed down.

We must also note the other important principles of sentencing, including that of denunciation. Gun crimes are very serious offences, and I think everyone in this House acknowledges that, but this bill says it is appropriate that serious and, in particular, repeat firearm offenders be punished severely. Bill C-10 does not propose to amend the penalties for all firearm offences contained in the Criminal Code. It targets only serious firearm offences. Gun violence cannot be tolerated. Serious and repeat firearm offenders deserve to be punished in a manner that reflects the degree of condemnation our society considers appropriate for this kind of illegal and violent conduct.

Tougher mandatory minimum penalties not only serve to seriously denounce unlawful conduct; they also ensure that serious offenders are put behind bars for a long period of time. Longer sentences mean that violent offenders are prevented from continuing to harm our society and to injure innocent men, women and children with guns.

The separation of violent offenders from society is an important sentencing goal. The government is responsible, with other levels of government, for ensuring greater public safety and strengthening the criminal justice system. This law is our way of doing just that.

Police agencies in urban areas across Canada are noticing a recent escalation in certain types of firearm violence. These include drug trade and turf wars, gang related homicides, and an increasing proportion of firearm homicides being committed with handguns. The fact is that this proportion went from 27% in 1974 to 65% in 2004. Sixty-five per cent of homicides in Canada now are being committed with these handguns. Police are also noticing an increase in handgun robberies in some cities and in illegal handgun possession by gang members. All of these are targeted by Bill C-10.

The mandatory minimum penalties proposed by Bill C-10 have been carefully tailored to ensure that only those convicted of serious firearms offences or those who have a history of firearms offences are punished more severely. Furthermore, the specific aggravating factors of having used a handgun or other restricted or prohibited firearm, or of having committed the offence for the benefit of a criminal organization, are designed to ensure that the higher minimum penalties are appropriately targeted at the current problem with guns and gangs.

This bill is targeted at criminal gangs. Whether or not they are paying attention and will think twice before committing a serious crime with a firearm remains to be seen, but nonetheless we are going to send that message. It is appropriate for the government to send a clear message to deter those who would use a firearm to commit a crime. This bill does that. It sends a clear message.

Moreover, it is important to note that these minimum penalties are not being proposed as the only solution to the problem, as some in the opposition have suggested. The existence of minimum penalties alone is not enough to effectively deter offenders. Measures to help prevent crime before it happens are also needed in order to deter would-be firearm offenders.

The government has also announced that it will dedicate $20 million specifically to programs that help keep young people away from guns, gangs and drugs.

Furthermore, in order to ensure the effectiveness of deterrent measures in legislation, the government will also invest in law enforcement to increase the police presence on the street. This also was addressed in the budget. The government has committed to putting more police on Canada's streets to tackle our gun crime, gun smuggling and drug trafficking problems.

It is this combination of strategic preventive measures, targeted law enforcement and tough punitive responses that will have the greatest impact on these crimes.

Canadians have told us that they want us to get tough on crime and we have listened. Guns and gangs remain a public safety threat. This bill addresses that threat. Criminals are going to be held accountable. Sentences will match the severity of the crime. Violent and repeat firearm offenders will be off the streets so that they will be unable to reoffend. While these mandatory minimum sentences are indeed tough, they are founded on several of the key existing sentencing principles.

In conclusion, this bill seeks to ensure that effective and appropriate justice is administered to criminals and that all Canadians are protected from all manner of criminal threats, in particular from threats posed by gangs and the use of firearms. Implementation of this bill ensures that Canada's criminal justice system will be one in which Canadians can have trust and confidence.

[Criminal Code, June 6th, 2006]

Mr. Speaker, I congratulate my hon. colleague on his speech.

We have heard some criticism from those who at this time would not like to get tougher on gang violence and crime. I want to quote from the Liberal platform in the last election:

A Liberal government will re-introduce legislation to crack down on violent crimes and gang violence, and to double the mandatory minimum sentences for serious gun-related crimes.

The NDP platform said it would:

Increase the mandatory minimum penalty for possession, sale and importation of illegal arms such as hand guns, assault rifles and automatic weapons.

We should flavour the comments from across the way with the fact that when there was recent criminal activity, those members were in favour of mandatory minimums. They were in favour of mandatory minimums during the election, but now after the election they are backing away from that position.

I am wondering if the member would comment on the need to be steadfast when we are dealing with an ongoing problem like the gun crimes we are seeing in Toronto. Gang related crimes are by and large being committed with handguns. Perhaps the member would comment on the need for us to maintain our positions and to send a message that as a government, in a non-partisan way, none of us is going to tolerate criminals and gang members using handguns to commit crimes on city streets.