National Defence committee  If you're going to use the military justice system, then you do it as part of the disciplinary process, as part of maintaining good order and discipline, and people don't end up with criminal records. If it's an offence such as, let's say, deliberate arson, that smacks of criminal behaviour, whether it's a military person or a civilian. Well, prosecute the person under the criminal law. But if you're talking about somebody not following the proper regulation, which requires him to do X, Y, and Z and he doesn't do it, and a fire results, why should that person end up with what looks like arson and end up with a criminal record?

Safe Streets and Communities Act  These offences are: prison breach, criminal harassment, sexual assault, kidnapping, trafficking in persons, abduction of persons under the age of 14 years, motor vehicle theft, theft over $5,000, breaking and entering a place other than a dwelling house, being unlawfully in a dwelling house, and arson for fraudulent purposes. Some hon. members might notice there are three differences from the list that was contained in Bill C-16. First, the offence of luring a child was taken out of the list of offences punishable by 10 years' imprisonment on indictment because clause 22 of the bill proposes a mandatory minimum penalty of one year on indictment and 90 days on summary conviction.

Safe Streets and Communities Act  Therefore, the bill also proposes limiting the availability of conditional sentences for prison breach, criminal harassment, sexual assault, kidnapping, trafficking in persons, abduction of a person under 14, motor vehicle theft, theft over $5,000, breaking and entering a place other than a dwelling-house, being unlawfully in a dwelling-house, and arson for fraudulent purpose. As I mentioned at the beginning of my speech, there are technical differences between the changes proposed in this bill and those contained in the former Bill C-16.

Bill C-10 Safe Streets and Communities Act

Section 742.1 of the Act is replaced by the following: Imposing of conditional sentence 742.1 If a person is convicted of an offence and the court imposes a sentence of imprisonment of less than two years, the court may, for the purpose of supervising the offender’s behaviour in the community, order that the offender serve the sentence in the community, subject to the conditions imposed under section 742.3, if (a) the court is satisfied that the service of the sentence in the community would not endanger the safety of the community and would be consistent with the fundamental purpose and principles of sentencing set out in sections 718 to 718.2; (b) the offence is not an offence punishable by a minimum term of imprisonment; (c) the offence is not an offence, prosecuted by way of indictment, for which the maximum term of imprisonment is 14 years or life; (d) the offence is not a terrorism offence, or a criminal organization offence, prosecuted by way of indictment, for which the maximum term of imprisonment is 10 years or more; (e) the offence is not an offence, prosecuted by way of indictment, for which the maximum term of imprisonment is 10 years, that (i) resulted in bodily harm, (ii) involved the import, export, trafficking or production of drugs, or (iii) involved the use of a weapon; and (f) the offence is not an offence, prosecuted by way of indictment, under any of the following provisions: (i) section 144 (prison breach), (ii) section 264 (criminal harassment), (iii) section 271 (sexual assault), (iv) section 279 (kidnapping), (v) section 279.02 (trafficking in persons — material benefit), (vi) section 281 (abduction of person under fourteen), (vii) section 333.1 (motor vehicle theft), (viii) paragraph 334(a) (theft over $5000), (ix) paragraph 348(1)(e) (breaking and entering a place other than a dwelling-house), (x) section 349 (being unlawfully in a dwelling-house), and (xi) section 435 (arson for fraudulent purpose). 2008, c. 6, s. 40 35. Subparagraph (b)(x) of the definition “designated offence” in section 752 of the Act is replaced by the following: (ix.1) section 172.2 (agreement or arrangement — sexual offence against child), (x) subsection 212(1) (procuring), (x.1) subsection 212(2) (living on avails of prostitution of person under eighteen), 2002, c. 13, s. 76 36.

Public Safety committee  We had surveillance cameras that were provided to us by private businesses and office towers in the downtown area. Some of the offenders who committed these offences, including arsons, were wearing no disguises at the time of their offence. Others--several hundred black bloc individuals who wore dark clothing and disguises--transitioned throughout the downtown core breaking windows.

Criminal Code  Firefighters have indicated very clearly to me that they would be very concerned if no one knew where the guns were and they were going into a situation where their lives were under threat. The bill also provides for stiffer penalties for those who directly and purposely commit arson. (Motions deemed adopted, bill read the first time and printed)

Justice committee  I'm sure that most children in this country who aren't in school at that age are on the radar. At 13, he was found in possession of a stolen car. At 14, he had arson, times two, without regard to human life. He broke a liquor store clerk's hand with a baseball bat. He smashed a kid on the neck with a two-by-four-sized tree branch, at a sky train station, to rob him.

National Defence committee  That's section 112: improper driving of vehicles. Next is “Causing fires”. That's not the same as arson. This doesn't mean deliberately causing fires. It could be a negligent causing of a fire by not properly looking after equipment. These are things that concern me. First of all, it's obviously important for maintenance, good order and discipline that these be considered to be service offences and be treated with seriousness by the military.

Ending Conditional Sentences for Property and other Serious Crimes Act  They include: criminal harassment; sexual assault; kidnapping; human trafficking, including the trafficking of young children; theft over $5,000; breaking and entering with intent; arson for a fraudulent purpose; and of course luring a child. I want to briefly touch on that last one: luring a child. Yesterday, I talked about arson. An arsonist could burn down a family's home.

Criminal Code  (viii) paragraph 334(a) (theft over $5000), (ix) paragraph 348(1)(e) (breaking and entering...), (x) section 349 (being unlawfully in a dwelling-house), and (xi) section 435 (arson for fraudulent purpose). It can be any kind of arson, even setting fire to a moped. That is why members have to understand that adding to the list of offences for which a judge can no longer hand down a conditional sentence restricts the power of the law passed in 1996.

Criminal Code  The bill title is not correct: An Act to amend the Criminal Code (ending house arrest for property and other serious crimes). What my colleague does not understand is that people who commit arson are not entitled to conditional sentences. There are minimum sentences of more than two years for arson. As soon as there is a minimum sentence, the offender is not entitled to a conditional sentence.

Public Safety committee  For example, the recent firebombing of an RBC branch in Ottawa prior to the G-20 summit was treated as an act of arson, and no charges were laid under anti-terrorism provisions. We are not advocating a broadening of the definition of terrorism; we merely wish to draw attention to the fact that the application of anti-terrorism measures has not affected all groups in an equal manner.

Public Safety committee  After the G-20 finance ministers meeting in Australia in 2006, 26 people were charged and arrested for reasons including damaging property, arson, and disorderly conduct. At the G-20 summit in London in April 2009, 86 protesters were arrested, and just a few days ago it was reported that the U.K. police officer who attacked Ian Tomlinson at the London summit will in fact be charged for inadvertently causing or contributing to his death.

Public Safety committee  It states that all persons convicted of Schedule 1 offences are no longer entitled to a record suspension. That concerns arson, assault, aggravated assault, mischief and so on. There are all kinds of offences. So if we wanted to amend this bill in accordance with Mr. Kennedy's remarks so as to target only child sex offenders, we would have to state specifically that child sex offenders are not entitled to a record suspension, period.

Bill C-343  Bill C-343 would provide thousands of dollars from EI for parents to stay home and take care of youth criminals who were injured while committing a crime, such as robbery, arson, gang activity or other criminal acts. The bill would result in increased EI premiums for law-abiding Canadian families and business owners who would be forced to pay even more money to these criminals.