Madam Speaker, it is a pleasure to speak to Bill C-64, a bill designed to amend the Criminal Code with respect to vehicle identification numbers.
While I can agree in part with the spirit of the proposed legislation, like many Liberal bills that I have seen over the course of the last year, I cannot support the legislation as written. As we have seen countless times, the spirit may be strong but the devil is in the details. It always seems that when the Liberals put forward legislation, they either water it down to make the original intent almost worthless or they alter it to a point where I think most Canadians cannot accept it. I wish I knew the reason why they do this.
Had the legislation been presented in the form that it was originally presented in as a private member's bill, I would support it. I think most of the members of my party and most Canadians would support it. However, that is not the way the legislation has been written.
Mr. Chuck Cadman originally put forward a private member's bill to deal with this issue and this bill does not reflect his intent. I find it offensive to hear the justice minister say that this bill has been presented in memory of Mr. Chuck Cadman. It diminishes his memory.
Chuck Cadman would not want a bill that is written this way to be presented before the House, and that is quite clear. Any member who purports the bill to be a Chuck Cadman bill is being more than just slightly disingenuous. This is not the type of bill he would support himself if he were with us today.
I want to speak for a few moments on Mr. Cadman himself. I respected him so much for what he did. We all know the history. Any Canadian who has passing knowledge or interest in Canadian politics knows the story of Chuck Cadman and the tragedy he encountered when his 16 year old son was killed in a vicious attack. Rather than going into a shell and becoming a recluse, he decided to become an advocate for and a tireless worker on behalf of victims across Canada. After working in that regard in British Columbia, he decided to seek public office and was successful in his attempt.
Until the time he died, Mr. Chuck Cadman never for one moment forgot the reason he came to this place, and that was to advance the cause of victims' rights across Canada. It was to address issues of crime and law and order in a positive and meaningful way by bringing forward legislation that would hopefully put an end to the type of violence that Chuck Cadman experienced in his life. He would never have agreed with the wording contained in Bill C-64.
I did not have the honour and the privilege of knowing Chuck Cadman. I had the honour of shaking his hand once and introducing myself but that was the extent of it. I certainly will not purport to say that I knew him or that I was a friend of his because I was not. I respected him as a man and as a legislator.
If we are going to say that we are honouring Chuck Cadman's memory by bringing forward legislation, then we should do so in a way that is respectful to his memory. In my view this legislation is anything but respectful of the late Chuck Cadman. It does not accurately reflect what he would have us do.
Quite frankly, when it came to this bill, Chuck Cadman would have been ashamed to allow his name to be associated with it. Let us back up a moment and talk about what he tried to do in his private members' bills with respect to vehicle identification numbers.
Mr. Cadman quite simply stated that it should be a crime for anyone to obscure, alter or deface a vehicle identification number, bottom line, full stop. If people do that, they are guilty of a crime and should be punished accordingly. I cannot think of anything that is simpler or more direct than that. Mr. Cadman was correct that it should be a crime. Currently, it is not.
If a person is caught in possession of a vehicle that has its vehicle identification number altered, defaced or destroyed, that person can be charged with a crime. However, the sheer act of defacing or destroying a VIN currently is not a crime. Mr. Cadman sought to redress that. He sought to put a bill into place that would make the alteration, destruction or tampering of a vehicle identification number a crime.
What did the government do? Again the devil is always in the details. The government does not seem to get it when it comes to taking a private member's bill that made perfect sense, redrafting it in the same language of that bill and then presenting it to the House. It seems incapable of doing that, and I do not understand why.
What it has done with this legislation is, first. add a caveat that states that if there are circumstances that come into play that might make it okay, then perhaps there is no crime. Second, it puts the onus on the Crown. In other words, Mr. Cadman said that if someone destroyed or defaced a VIN, that person would be guilty and would have to prove otherwise. That individual would have to go to court and convince the judge that there was a lawful excuse why he or she did that.
It seems the Liberals have it all backward. They suggest that the crown prosecutors have to prove a person who defaced a VIN did not have a lawful excuse and is guilty. That is completely backward.
What Mr. Cadman attempted to do in all his private members' bills was to put the onus on the individual. If individuals were caught tampering with a VIN, those individuals would have to prove that they had a lawful excuse to do it. If they could not, they would be guilty.
I do not think we could have anything more direct, to the point or simple as that. Yet the government sought to change that intent. It sought to make not the individual who tampered with the VIN prove why he or she did so. This legislation says that the Crown has to prove it, and it has loopholes. It allows individuals to come up with perhaps a convoluted message that might prevent the Crown from successfully prosecuting its case. Why in the world would any government or political party want to water down a bill to that extent? It is beyond me.
For the Liberals to bring forward Bill C-64 in this form and suggest this is something that Chuck Cadman would support, is utterly and entirely wrong. Not only is it disrespectful of Mr. Cadman's memory, but it borders on being untruthful.
Earlier in my remarks I said that at best the Liberals could be considered disingenuous in their remarks. If the Liberals truly wanted to bring forward legislation, they would have simply picked up a copy of Chuck Cadman's earlier private member's bill, replicated the language and presented it. They could take credit for it. I know Mr. Cadman would not have a problem with that. He was a man without ego. He did not look for personal self-glorification, saying that he had a private member's bill, brought it forward and his name would go down in history. In my view he did not care about all that. All he wanted were results. Yet the government cannot even present the results that Mr. Cadman so tirelessly worked for, for many years. That is absolutely a shame.
Although I do not know this to be true, I would suspect very strongly that if one would ask Mr. Cadman's widow, Donna Cadman, if she would support this bill, she would say no. I also suspect that in the upcoming days and perhaps weeks, Donna Cadman will speak out against the bill. There will be no better proof than that as to why the government is wrong in its attempts to portray this bill as a Chuck Cadman bill. We will see what we will see.
I cannot suggest that this is something unique, that this is something at which the government has failed. There is a consistent pattern of the government on issues of crime, particularly motor vehicle theft. There is a continuing pattern where the government has failed to understand the realities of what is needed in terms of law and order, crime and punishment.
I will give a further example of what I speak. Recently, in the last few months, one of our colleagues, the hon. member for Langley, introduced a private member's bill that would increase the penalties of those individuals who stole cars. The bill sets out severe penalties for the first, second and third time offences for individuals who have stolen motor vehicles. From my perspective, as the member for Regina--Lumsden--Lake Centre, I heartily endorsed that bill.
In the capital city of Saskatchewan, which is part of my riding, Regina has been known in years past as the national stolen car capital of Canada, on a per capita basis at least. We have a terrible problem with car thefts in Regina. We have had gangs that had monikers and reputations as being car thieves. For those from Saskatchewan, the infamous Oldsmobile gang is one that I would draw to the attention of members of the House. They would steal nothing but Oldsmobiles. To them it was perhaps a badge of honour. We consistently saw youth offenders primarily steal time and time again motor vehicles from the city. Sometimes they were for joyrides. Other times they were stolen to perpetrate more insidious and serious crimes such as drug trafficking and that type of thing. In all cases, the number of thefts of motor vehicles in Regina was absolutely staggering.
The member for Langley brought forward a bill that would put severe penalties and deterrents upon those individuals who might be willing to or thinking of stealing a motor vehicle. If memory serves me well, and perhaps some of my hon. colleagues can refresh my memory in case I am wrong, the penalty for the first time was up to a maximum of $1,000 or a year in jail, or both, as determined by the judge. The second offence was more serious. I think it was $5,000 and up to two years and a third offence, perhaps $10,000, et cetera.
The Liberal government voted against the legislation. Did the Liberals bring forward any alternative legislation? No. When the justice minister talked about the bill the only thing I can remember is that he related it back to another issue that members on this side have, which is with mandatory minimum sentencing. The justice minister consistently said that mandatory minimums did not work because statistics and empirical evidence suggest that the judges will always go to the lesser amount as indicated on the mandatory minimums. They will not increase the sentencing. He said that was wrong and that they did not want that. The problem is that right now the sentences do not even reach the level of mandatory minimums that we were suggesting.
How in the world can the justice minister say that empirical evidence suggests that mandatory minimum sentencing does not work when in fact the sentences that are currently being given out are less than what we would suggest as the mandatory minimum? It makes no sense to me and yet we have a government that continually says one thing and does another. It says that it is tough on crime and yet I have seen no evidence from the government that would suggest it actually wants to get tough on crime.
Bill C-64 is another example. We had a private member's bill sponsored by Mr. Cadman that would have been direct, effective and would have acted as a deterrent and should have been supported by all members of the House but what did we see? Time and time again, when Mr. Cadman wanted to bring forward legislation such as this, members on that side of the House voted against it.
We have heard the government on different issues say that the reason it will not support certain things is that it wants to bring forward its own legislation, a government initiative, that will make the bill stronger, better worded and more effective. However, time and time again, when we do see legislation brought down by the government, it is not complementary legislation. It is not legislation that accurately reflects the intent of the private member's bill. It is something that is weakened, watered down and does absolutely nothing to accurately reflect the intent of the original bill. This is what is happening with Bill C-64.
Chuck Cadman would have voted against this legislation, not because he was soft on crime, far from it. We all know his record and his background. He would vote against this legislation as introduced by the government because it does not reflect his private member's bill. However we heard the justice minister stand in his place and say that this was in honour and in memory of Chuck Cadman.
I cannot think of anything more offensive than a member of Parliament trying to say that his government is honouring the memory of one of our fallen colleagues, a man who was so widely respected that after losing the nomination in his home riding as a Reform member, he ran as an independent and won overwhelmingly with, I believe, a larger plurality than he had received in the previous election. For an independent to win with that margin of victory in parliamentary circles is unheard of. That is the level of respect people had for Chuck Cadman. The Liberals are sullying his reputation and for that they should be ashamed.