Justice committee  What message are you sending someone, a mother and a father, their family, if someone has been given a conditional sentence, if the criminal, the person proven in court to have been a criminal, has an available recourse so that they could have a conditional sentence? Or for arson, where someone has lost their own home, in a case where a building or property they've saved up for has been completely disrespected and ruined...? So what advice do you have for the government as to what we can do to protect an over-representation of aboriginal victims?

Justice committee  No--but this was a manslaughter in which clearly the most appropriate sentence was a conditional sentence. As for arson, I am aware of a case up in northern Ontario that occurred before conditional sentences came along. A family left their home and there was a fire and they lost their children. Again, they were so....

An Act to Amend Certain Acts in Relation to DNA Identification  The primary designated offences are considered the most serious criminal offences such as murder, manslaughter and sexual offences. The secondary designated offences include, for instance, arson and assault. When an individual is convicted of a primary designated offence, the sentencing judge is automatically required to make an order for the collection of a DNA sample from that convicted individual, unless that individual can convince the court otherwise.

An Act to amend Certain Acts in relation to DNA Identification  The significant but relatively less serious offences would come under the threshold of secondary designated offences in the act. Two examples that have been shown would be assault and arson. For people to understand the practical difference, a judge who convicts a person of a primary designated offence is required to make an order for the collection of the DNA sample from the offender, unless the offender can convince the court otherwise, under a specific section, subsection 487.051(2) of the Criminal Code.

Bill C-257 An Act to amend the Criminal Code (conditional sentencing)

La même loi est modifiée par adjonction, après l’article 742.1, de ce qui suit :     Definition of “offence” 742.11 In section 742.1, “offence” does not include any of the following offences: (a) an offence that is punishable by a minimum term of imprisonment; (b) paragraph 81(2)(a) (causing injury with intent –– explosives); (c) paragraph 220(b) (causing death by criminal negligence); (d) section 221 (causing bodily harm by criminal negligence); (e) paragraph 236(b) (manslaughter);   742.11 Dans l’article 742.1, le terme « infraction » ne vise pas les infractions suivantes : a) une infraction pour laquelle une peine d’emprisonnement minimale est prévue; b) alinéa 81(2)a) (causer intentionnellement des lésions corporelles –– explosifs); c) alinéa 220b) (causer la mort par négligence criminelle); d) article 221 (causer des lésions corporelles par négligence criminelle);   Définition de « infraction »   (f) paragraph 239(b) (attempt to commit murder); (g) section 244.1 (causing bodily harm with intent –– air gun or pistol); (h) section 246 (overcoming resistance to commission of offence); (i) subsections 249(3) and (4) (dangerous operation causing bodily harm and dangerous operation causing death); (j) subsections 255(2) and (3) (impaired driving causing bodily harm and impaired driving causing death); (k) section 264 (criminal harassment); (l) section 266 (assault); (m) section 267 (assault with a weapon or causing bodily harm); (n) section 268 (aggravated assault); (o) section 269 (unlawfully causing bodily harm); (p) section 269.1 (torture); (q) section 270 (assaulting a peace officer); (r) section 271 (sexual assault); (s) paragraph 272(2)(b) (sexual assault with a weapon, threats to a third party or causing bodily harm); (t) paragraph 273(2)(b) (aggravated sexual assault); (u) paragraph 279(1.1)(b) (kidnapping); (v) subsection 279(2) (forcible confine-ment); (w) paragraph 279.1(2)(b) (hostage taking); (x) paragraph 344(b) (robbery); (y) paragraph 346(1.1)(b) (extortion); (z) section 433 (arson –– disregard for human life); (z.1) section 434.1 (arson –– own property); (z.2) section 436 (arson by negligence); (z.3) paragraph 465(1)(a) (conspiracy to commit murder); (z.4) an offence under section 5 (trafficking in substance and possession for purpose of trafficking) of the Controlled Drugs and Substances Act;   e) alinéa 236b) (homicide involontaire coupable); f) alinéa 239b) (tentative de meurtre); g) article 244.1 (causer intentionnellement des lésions corporelles –– fusil ou pistolet à vent); h) article 246 (vaincre la résistance à la perpétration d’une infraction); i) paragraphes 249(3) et (4) (conduite dangereuse causant des lésions corporelles et conduite dangereuse causant la mort); j) paragraphes 255(2) et (3) (conduite avec capacité affaiblie causant des lésions corporelles et conduite avec capacité affaiblie causant la mort); k) article 264 (harcèlement criminel); l) article 266 (voies de fait); m) article 267 (agression armée ou infliction de lésions corporelles); n) article 268 (voies de fait graves); o) article 269 (infliction illégale de lésions corporelles); p) article 269.1 (torture); q) article 270 (voies de fait contre un agent de la paix); r) article 271 (agression sexuelle); s) alinéa 272(2)b) (agression sexuelle armée, menaces à une tierce personne ou infliction de lésions corporelles); t) alinéa 273(2)b) (agression sexuelle grave); u) alinéa 279(1.1)b) (enlèvement); v) paragraphe 279(2) (séquestration); w) alinéa 279.1(2)b) (prise d’otage); x) alinéa 344b) (vol qualifié); y) alinéa 346(1.1)b) (extorsion); z) article 433 (incendie criminel : danger pour la vie humaine); z.1) article 434.1 (incendie criminel : biens propres); z.2) article 436 (incendie criminel par négligence); z.3) alinéa 465(1)a) (complot en vue de commettre un meurtre);       (z.5) an offence under section 6 (importing and exporting, and possession for the purpose of exporting) of the Controlled Drugs and Substances Act; and (z.6) an offence under section 7 (production of substance) of the Controlled Drugs and Substances Act.  

Criminal Code  This threshold will also prohibit the use of conditional sentences for serious property offences and justice related offences. For example, persons found guilty of corruption or of arson could no longer serve their sentence in the community. The true purpose of the bill is to correct a persistent anomaly. Conditional sentencing was not introduced in the Criminal Code in order to allow offenders charged with serious crimes to serve their sentence with their feet up at home.

Criminal Code  There are many, including serious property and administration of justice offences, such as theft over $5,000, break and enter with intent to commit an indictable offence, forgery, fraud over $5,000, bribery, perjury, criminal breach of trust, robbery, arson, and making counterfeit money. These offences are in addition to the serious personal injury offences that will be excluded from the conditional sentencing regime, including: criminal negligence causing bodily harm or death; dangerous operation of a motor vehicle where injury or death occur; sexual assault prosecuted by indictment and aggravated sexual assault; abduction; assault causing bodily harm with a weapon; aggravated assault offences involving explosives; manslaughter; attempted murder; kidnapping; and hostage taking.

Criminal Code  We have cattle theft, theft or forgery of credit cards, unauthorized use of a computer, breaking and enter with intent to commit an indictable offence, being unlawfully in a dwelling house, house breaking and possession of instruments, disguise with intent and possession of stolen property over $5,000, theft from mail, bringing into Canada property obtained by crime, false pretense of property over $5,000, obtained credit by false pretense, forgery, utter forged documents, fraud over $5,000 where a testamentary document is altered, false prospectus, personation with intent, wilful mischief over $5,000, wilful mischief of other property and arson for fraudulent purposes. There are about 20 offences, all of them property crime. We question why some would even have a maximum penalty of 10 years. Nobody ever gets that kind of a penalty for those kinds of crimes, but they are all included in Bill C-9.

Criminal Code  Conditional sentences would also not be available for other serious personal injury offences, such as impaired driving causing bodily harm or death and serious property and administration of justice offences, like robbery, arson and theft over $5,000. No longer would sentences be available for very serious crimes, such as criminal negligence causing death, manslaughter, impaired driving causing death, aggravated assault, aggravated sexual assault, sexual assault with a weapon, kidnapping, attempted murder and torture.

Reinstatement of Government Bills  In 2001 I introduced that motion and the Liberals rejected it, but we need to look at the issue seriously. There were 13,724 arson fires in Canada in 2002. I was alarmed to learn that over 30% of the fires in my home community of Surrey were as a result of arson. A very high percentage of them contained booby traps.

Bill C-82 An Act to amend the Criminal Code (firearms)

Culpable homicide is murder where a person causes the death of a human being while committing or attempting to commit high treason or treason or an offence mentioned in section 52 (sabotage), 75 (piratical acts), 76 (hijacking an aircraft) or 98 (breaking and entering to steal firearm), section 144 or subsection 145(1) or sections 146 to 148 (escape or rescue from prison or lawful custody) or section 270 (assaulting a peace officer), 271 (sexual assault), 272 (sexual assault with a weapon, threats to a third party or causing bodily harm), 273 (aggravated sexual assault), 279 (kidnapping and forcible confinement), 279.1 (hostage taking), 343 (robbery), 348 (breaking and entering) or 433 or 434 (arson), whether or not the person means to cause death to any human being and whether or not he knows that death is likely to be caused to any human being, if 2002, c. 13, s. 15 20. The portion of section 348.1 of the Act before paragraph (a) is replaced by the following: Aggravating circumstance — home invasion 348.1 If a person is convicted of an offence under any of section 98, subsection 279(2) or sections 343, 346 and 348 in relation to a dwelling-house, the court imposing the sentence on the person shall consider as an aggravating circumstance the fact that the dwelling-house was occupied at the time of the commission of the offence and that the person, in committing the offence, 21.

Criminal Code  As long as Bill C-13 is not in effect—I mentioned earlier that is under consideration by the Senate—the list of primary offences will be limited and will include serious personal injury offences such as murder, aggravated assault or sexual assault, while the list of secondary offences will include crimes against persons as well as crimes against property causing danger to human life such as robbery, break and enter, assault or arson. In the case of primary offences, that is the most serious cases, the collection order is virtually automatic. The judge is required to make an order for the collection of a DNA sample from the offender, unless the offender can convince the court that this would have an effect on his privacy and safety markedly out of proportion with the protection of society.

Criminal Code  While it is true that Canada was a leader in the establishment of the International Criminal Court, it remains a mystery to me why Canada has really been dragging its feet when it comes to amending Canadian laws, so that these protocols can be signed and ratified. This enactment amends the Criminal Code to prohibit, in particular, robbery, mischief and arson against cultural property protected under the 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict. The bill allows for the prosecution of such offences when committed outside Canada by Canadians.

Criminal Code  All that remains is for a number of small amendments to be made to the Criminal Code and the Canadian Cultural Property Export and Import Act. Bill S-37 would amend the Criminal Code to prohibit acts of theft, robbery, vandalism, arson, fraud and fraudulent concealment against cultural property as defined by the 1954 Hague Convention. It would also provide for the prosecution of Canadians who commit such acts abroad.

Criminal Code  I want to talk about a couple of elements in the bill and I turn specifically to the summary which states: This enactment amends the Criminal Code to prohibit certain offences, including theft, robbery, mischief and arson against cultural property protected under the 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict. Those amendments allow for the prosecution of such offences when committed outside Canada by Canadians.