Mr. Speaker, I am pleased to speak to Bill C-343, An Act to amend the Criminal Code (motor vehicle theft). It was introduced by the member for Regina—Qu'Appelle, who is also deputy chair of the committee of the whole.
The bill is meant to address the serious issue of automobile theft. While I appreciate my colleague's efforts in this area, I regret to say that the bill is a very imperfect way of trying to solve this problem. I want to raise a number of concerns that I think, should the bill reach committee, need to be considered as well.
As things stand now, the Criminal Code does have specific provisions to deal with the theft of motor vehicles. These offences would be covered by the general offence of theft as set out in section 322 of the Criminal Code. Punishments are laid out in section 334.
If the value of the stolen goods exceeds $5,000, the theft is an indictable offence punishable by a maximum of 10 years in prison. If the value of the goods is $5,000 or less, the offence may be prosecuted by way of a summary conviction or an indictable offence. In the first case, it is punishable with a maximum jail term of six months or a fine of $2,000 or both. In the latter case, the maximum penalty is two years of incarceration. In addition, if the circumstances surrounding the theft result in criminal negligence causing death, those convicted are subject to a penalty of life in prison, the most serious sentence in the Criminal Code.
There are also a series of offences in the Criminal Code that deal with related car theft offences. For instance, some offenders may at times decide to flee from law enforcement personnel in stolen vehicles, the member just gave an example, and drive perhaps recklessly to do so. If this occurs and there are no injuries as a result, the offender may be charged with the offence of flight from a peace officer and this offence carries a maximum term of five years of imprisonment. Should flight lead to death, as was the case just given, then the offender is criminally liable to a term of life imprisonment for this terrible crime.
Obviously, society does not accept this type of behaviour and available sentences for this crime reflect that strong message. Also related is Bill C-19 which was passed by Parliament some months ago. It received royal assent on December 14. It dealt with the issue of street racing, one with which our previous Liberal government had been dealing. In any case, Bill C-19 defined street racing and created a set of five specific offences to deal with this issue.
I will recognize that the theft of automobiles may sometimes be undertaken systematically by organized criminal organizations and I might say that in my time as solicitor general, I saw that issue up pretty close.
In this regard the Criminal Code holds a number of additional and useful tools that can apply when auto theft is committed for the benefit of, at the direction of, or in association with a criminal organization. These additional tools provide for the possibility of consecutive sentencing and reduced parole eligibility.
My point in referring to various sections of the Criminal Code is to show all Canadians that there are already existing and efficient mechanisms to deal with the issue of motor vehicle theft.
Let us now consider the effects of Bill C-343, were it to receive royal asset one day. The bill would add a new section to the Criminal Code, section 334.
On a general level, the bill affects the current motor vehicle theft regime in the following ways.
One, the bill brings in mandatory minimum sentences, be they fines or incarceration.
Two, the bill sets out what are referred to as escalator mandatory minimum penalties which establish increasingly harsher penalties for people who commit the crime time and time again.
Three, more specifically, an offender who was found guilty a third time of motor vehicle theft would automatically be incarcerated for a time period of 2 to 10 years.
Four, the bill erases the distinction given to the value of a vehicle that is stolen as an aggravating factor that would be taken into consideration in sentencing determination upon conviction.
Let us consider the specific sentencing provisions outlined in Bill C-343. Let us first examine the punishments established for summary convictions.
For a first offence prosecuted summarily, the minimum mandatory penalty is three months of incarceration and/or a fine of $1,000. The maximum penalty is a two year prison sentence. Should a second offence later take place and also be prosecuted summarily, the punishment is that of a six month jail term and/or a $5,000 fine. The maximum is also a two year sentence. As I stated previously, the value of the vehicle is of no consequence in these sentencing arrangements.
Should the criminal act be prosecuted by means of indictable offence, the minimum penalty upon conviction would be a three month jail term and/or a $1,000 fine. The maximum sentence would be a five year stay in prison. For a second offence prosecuted by way of an indictment, the penalty would be a six month incarceration and/or a $5,000 fine. The maximum sentence is a five year jail term. Here too, the value of the stolen vehicle has no effect on the sentence.
Finally, in the case of a third offence, the individual may only be prosecuted via indictment and cannot be prosecuted through a summary conviction. Its penalty is a minimum of two years in jail along with a $10,000 fine. Its maximum sentence is 10 years of jail time.
We do have to consider the issue of mandatory minimum penalties and their use.
The minority Conservative government seems to believe that mandatory minimum sentences and mandatory minimum penalties are the ultimate panacea to all crime committed in Canada. However, when they are used as a sweeping blunt instrument like in Bill C-343, they could lead to an immense increase in prison populations and a series of unintended consequences. For instance, the presence of mandatory minimum sentences often affect how a Crown attorney lays charges and conducts plea bargains. Has this been considered by the mover of the bill? I suspect not. It would no doubt have dire consequences for Canada's justice system.
As we on this side of the House know and appreciate, Canada uses mandatory minimum sentences with restraint, preferring an individualized sentencing approach that gives the court the discretion to fashion a sentence that is proportionate to the gravity of the offence and the conduct of the offender, considering also any aggravating or mitigating circumstances.
Given this, the broad and generalized use of mandatory minimum sentences in Bill C-343 would be contrary to the established Canadian sentencing principles such as proportionality and restraint in their use. The flexible approach, I believe, delivers quality justice and has the support of many Canadians. We should not disregard these facts.
It would seem that the bill's mover believes that any potential thief would be deterred from a criminal act when he or she realizes that a second or third offence, in this case of auto theft, would yield a certain prescribed penalty. That is not necessarily the case. I realize I am not--
