India  We join with them as they remember families, friends and relatives who fell victim to the senseless looting, arson, rape and murder that took place 20 years ago. We also express our solidarity and give credence to the belief that by remembering such dark episodes of history we are not allowing old ones to fester, but we are attempting to ensure that we learn from these episodes so that they are not repeated.

Criminal Code  Primary designated offences are those which are the most serious, such as sexual offences, murder and manslaughter. Secondary designated offences are less serious, such as an assault or arson. Of course they are serious too but it depends on how one judges them. For primary offences a DNA sample can be ordered by the court, unless the offender can prove it is not needed. For secondary offences a sample can be ordered if the judge believes it is needed.

Criminal Code  These offences include criminal harassment, uttering threats, breaking and entering, intimidation, arson, and so on. Bill C-13 extends the list for both categories of offence. Obviously, it links with the legislation we passed on child pornography and adds to existing offences. The bill offers something quite new.

Bill C-13 An Act to amend the Criminal Code, the DNA Identification Act and the National Defence Act

C-46 CRIMINAL CODE 1995, c. 27, s. 1 1. (1) The portion of section 487.04 of the Criminal Code before the definition “adult” is replaced by the following: Definitions 487.04 In this section and in sections 487.05 to 487.0911, (2) Paragraph (a) of the definition “primary designated offence” in section 487.04 of the Act is amended by adding the following after subparagraph (iii): (iii.1) section 153.1 (sexual exploitation of person with disability), 1998, c. 37, s. 15(2) (3) Subparagraph (a)(v) of the definition “primary designated offence” in section 487.04 of the Act is replaced by the following: (iv.1) subsection 163.1(2) (making child pornography), (iv.2) subsection 163.1(3) (distribution, etc., of child pornography), (iv.3) subsection 163.1(4) (possession of child pornography), (iv.4) subsection 163.1(4.1) (accessing child pornography), (iv.5) section 172.1 (luring a child), (v) subsection 212(1) (procuring), (v.1) subsection 212(2) (procuring), (v.2) subsection 212(4) (offence — prostitution of person under eighteen), (4) Subparagraphs (a)(vii) to (xx) of the definition “primary designated offence” in section 487.04 of the Act are replaced by the following: (vii) section 271 (sexual assault), (viii) section 279.1 (hostage taking), (ix) paragraph 348(1)(d) (breaking and entering a dwelling-house), (x) section 423.1 (intimidation of a justice system participant or journalist), (xi) section 431 (attack on premises, residence or transport of internationally protected person), (xii) section 431.1 (attack on premises, accommodation or transport of United Nations or associated personnel), and (xiii) subsection 431.2(2) (explosive or other lethal device), (5) The definition “primary designated offence” in section 487.04 of the Act is amended by adding the following after paragraph (a): (a.1) an offence under any of the following provisions, namely, (i) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of a person under the age of eighteen years), (ii) section 235 (murder), (iii) section 236 (manslaughter), (iv) section 239 (attempt to commit murder), (v) section 244 (causing bodily harm with intent — firearm), (vi) section 244.1 (causing bodily harm with intent — air gun or pistol), (vii) paragraph 245(a) (administering noxious thing with intent to endanger life or cause bodily harm), (viii) section 246 (overcoming resistance to commission of offence), (ix) section 267 (assault with a weapon or causing bodily harm), (x) section 268 (aggravated assault), (xi) section 269 (unlawfully causing bodily harm), (xii) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm), (xiii) section 273 (aggravated sexual assault), (xiv) section 279 (kidnapping), (xv) section 344 (robbery), and (xvi) section 346 (extortion), (5.1) Paragraph (a) of the definition “primary designated offence” in section 487.04 of the Act is amended by adding the following after subparagraph (xx): (xxi) section 467.11 (participation in activities of criminal organization), (xxii) section 467.12 (commission of offence for criminal organization), and (xxiii) section 467.13 (instructing commission of offence for criminal organization), (6) Paragraph (b) of the definition “primary designated offence” in section 487.04 of the Act is amended by striking out the word “and” at the end of subparagraph (ii) and by adding the following after subparagraph (iii): (iv) section 149 (indecent assault on female), (v) section 156 (indecent assault on male), and (vi) section 157 (acts of gross indecency), (6.1) Paragraph (a) of the definition “secondary designated offence” in section 487.04 of the Act is amended by adding the following before subparagraph (vi): (i) section 145 (escape and being at large without excuse), (ii) section 146 (permitting or assisting escape), (iii) section 147 (rescue or permitting escape), (iv) section 148 (assisting prisoner of war to escape), 1998, c. 37, s. 15(2); 2002, c. 1, s. 175 (7) The definitions “secondary designated offence” and “young person” in section 487.04 of the Act are replaced by the following: “secondary designated offence”« infraction secondaire » “secondary designated offence” means an offence, other than a primary designated offence, that is (a) an offence under this Act that is liable to a maximum sentence of five or more years imprisonment and may be prosecuted by indictment, and, for the application of section 487.051 or 487.052, is prosecuted by indictment, (b) an offence under any of the following provisions of the Controlled Drugs and Substances Act that is liable to a maximum sentence of five or more years imprisonment and may be prosecuted by indictment, and, for the application of section 487.051 or 487.052, is prosecuted by indictment: (i) section 5 (trafficking in substance and possession for purpose of trafficking), (ii) section 6 (importing and exporting), and (iii) section 7 (production of substance), (c) an offence under any of the following provisions of this Act: (i) subsection 160(3) (bestiality in the presence of or by child), (ii) section 170 (parent or guardian procuring sexual activity), (iii) section 173 (indecent acts), (iv) section 252 (failure to stop at scene of accident), (v) section 264 (criminal harassment), (vi) section 264.1 (uttering threats), (vii) section 266 (assault), (viii) section 270 (assaulting a peace officer), (ix) paragraph 348(1)(e) (breaking and entering a place other than a dwelling-house), (x) section 349 (being unlawfully in dwelling-house), and (xi) section 423 (intimidation), (d) an offence under any of the following provisions of the Criminal Code, as they read from time to time before July 1, 1990: (i) section 433 (arson), and (ii) section 434 (setting fire to other substance), and (e) an attempt to commit or, other than for the purposes of subsection 487.05(1), a conspiracy to commit an offence referred to in any of paragraphs (a) to (d); “young person”« adolescent » “young person” has the meaning assigned by subsection 2(1) of the Youth Criminal Justice Act or subsection 2(1) of the Young Offenders Act, as the case may be. (8) Section 487.04 of the Act is amended by adding the following in alphabetical order: “Young Offenders Act”« Loi sur les jeunes contrevenants » “Young Offenders Act” means chapter Y-1 of the Revised Statutes of Canada, 1985; 1998, c. 37, s. 16(1) 2. (1) The portion of subsection 487.05(1) of the French version of the Act before paragraph (a) is replaced by the following: Mandat relatif aux analyses génétiques 487.05 (1) Sur demande ex parte présentée selon la formule 5.01, un juge de la cour provinciale peut délivrer un mandat — rédigé selon la formule 5.02 — autorisant le prélèvement en conformité avec le paragraphe 487.06(1), pour analyse génétique, du nombre d’échantillons de substances corporelles d’une personne jugé nécessaire à cette fin, s’il est convaincu, à la suite d’une dénonciation faite sous serment, que cela servirait au mieux l’administration de la justice et qu’il existe des motifs raisonnables de croire : 1995, c. 27, s. 1; 1998, c. 37, s. 16(2)(E) (2) Paragraph 487.05(2)(b) of the French version of the Act is replaced by the following: b) de la possibilité d’avoir un agent de la paix — ou toute personne sous son autorité — qui, de par sa formation ou son expérience, peut effectuer le prélèvement en conformité avec le paragraphe 487.06(1). 1998, c. 37, s. 17; 2002, c. 1, s. 176 3.

Criminal Code  He told us that the number of deaths and injuries sustained by firefighters continues to rise in Canada and that it was a true tragedy when these events occurred. Using statistics, he noted that there were 13,724 arson fires in Canada last year and that 30% of the fires in his own riding were a result of arson. He acknowledged that firefighting was four times as dangerous as any other occupation and that it was a job that commanded the highest public trust and respect, more than any other professional in the country.

Ethnic Communities  Speaker, I and all Canadians deplore the unspeakable crime perpetrated in early April on the United Talmud Torah School in Montreal. Hate-motivated behaviour, such as the vandalism at the mosque in Pickering, the arson at a mosque in Mississauga, and all other similar acts aimed at ethic or religious groups, must be denounced unequivocally, as it expresses a total refusal to accept difference. In a society such as ours, where the respect of rights and freedoms takes precedence over all other values, and where our democratic freedoms are protected by the fundamental values of Canadian society, these unacceptable actions must be unequivocally denounced.

Criminal Code  Society was reminded in those dire circumstances what huge risk, what incredible sacrifice exists in that vocation. The range of options currently available for the crime of arson as an indictable offence go up to the sentencing maximum of 14 years. The motion intends to expand that envelope. It does not say that in every case this will happen, surely not. The burden of proof will still remain with the crown.

Criminal Code  According to a two year study conducted on hate and bias type crimes over the period of 2001 and 2002 in Vancouver, it showed that “sexual orientation represents 38% of reported incidents, which range from homicide through assault, harassment, robbery, threats, theft and arson”. The Vancouver police cites that “in Vancouver sexual orientation forms the basis for 62% of the assaults and robberies against the groups protected under s 718.1”. The Vancouver police go on to say: The simple truth is that a person identified on the basis of their sexual orientation is more likely to be the victim of an assault than any other group and is more likely to sustain an injury.

Criminal Code  What we have heard during the course of the debate is a clear indication of sympathy on behalf of hon. members for the principles of the bill, specifically as they relate to the issue of first degree murder and the provisions within the bill which would provide for any firefighter killed in the line of duty as a result of an act of arson in having that first degree murder conviction apply. I had the opportunity to go over very briefly one of the Supreme Court cases that deals with the issue of intent, which is really central to this whole concept of first degree murder, and whether it should apply and whether objective foreseeability should be something that is part of the construct which goes into a first degree murder charge.

Criminal Code  We quite often find that it is the firefighter who is the first person on the scene. Should the bill pass, those considering an act of arson would need to think twice and those who rewire their homes to facilitate marijuana growing operations would need to carefully consider whether or not the risk is worth it. Clause 3(1.1) of the bill states: Every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of a firefighter acting in the course of his or her duties.

Criminal Code  However there are currently no similar specific provisions or increased penalties to deter criminal acts that jeopardize the lives and safety of firefighters in cases such as arson. Bill C-269 seeks to change that by giving firefighters the recognition they deserve and putting them on the same legal footing as police officers. I fully recognize that there are many difficult issues which need to be addressed surrounding such amendments to the Criminal Code.

Criminal Code  While firefighters understand and accept the inherent danger of their jobs, they are often put in harm's way through deliberate criminal acts such as arson. These crimes are a deliberate attempt to cause harm, property damage or loss of life. These actions needlessly place firefighters at risk and must be deterred to the greatest extent possible.

Aboriginal Affairs  Since that time, incidents of violence, including stabbings and beatings, have increased. There has been a case of arson. Last week the school was set ablaze. At the root of the problem are allegations of corruption and mismanagement in the handling of millions of dollars. The minister's avoidance response thus far has been to refuse to launch any investigation.

Justice  Speaker, under the watch of the federal Liberal government, crime in Surrey has reached a five year high with nearly 50,000 criminal code offences. Surrey has high auto theft, marijuana grow-ups, assault, break and enter, arson and property damage cases. Throughout the lower mainland, drugs, gangs, prostitution and other organized crime is rampant. Among Indo-Canadians alone, 70 youths have been murdered since 1995.

Criminal Code  My bill, an act to amend the Criminal Code (firefighters) would increase the severity of punishment for criminal acts such as arson that injure or kill a firefighter. This bill is long overdue. (Motions deemed adopted, bill read the first time and printed)