moved that Bill , be read the second time and referred to a committee.
He said: Madam Speaker, it is an honour to stand in the House to speak today to my private member's bill, an act to amend the Criminal Code, increasing parole ineligibility, also known as the respecting families of murdered and brutalized persons act. This bill was originally championed by my colleague, the member for , dating back to the 41st Parliament. Most recently, in 2021, the bill made it to committee, and was about to be referred back to the House with all-party support. However, Parliament was prorogued, and that ended the progress.
I want to thank my colleague from Manitoba for all his hard work on this bill, his compassion for victims and families, and for allowing me to bring this forward once again.
I also want to thank my many colleagues who have shown their support by co-seconding my bill, as well as the member for for being here today to both second and speak to my bill. It is my great honour to pick up the work that was done by colleagues before me, and I am committed to bringing this bill through the process fully so families can have the justice they deserve.
Tori, Holly, Tammy, Leslie, Kristen, Christine, Colleen, Daryn, Sandra, Ada, Simon, Judy, Raymond, Sigrun, Terri, Louise, Sereena, Mona, Andrea, Brenda, Georgina, Marnie and Kimberly are all victims my bill could have provided justice for. This is not an exhaustive list, and people will not recognize most of these names.
Instead, they will recognize the names of their murderers, such as Bernardo, Homolka, Olson, Pickton, Rafferty, McClintic, Briere, Wellwood and Moffat. These are all criminals who have committed the most heinous of crimes, and these are the names that get reported in the news every time they apply for parole, the names that continue to haunt the families of the victims for the rest of their lives.
This is what is at the heart of Bill . It is about protecting the families of victims from having to relive the agony of the horrific crimes inflicted against their loved ones during parole hearings year after year.
This legislation would amend section 745 of the Criminal Code to empower the courts with the ability to increase parole ineligibility from the current 25 years up to a maximum of 40 years when sentencing criminals who have abducted, sexually assaulted and murdered the same victim in the same incident. These victims are often our most innocent and vulnerable Canadians.
Increasing parole ineligibility from a maximum of 25 to 40 years would spare families from having to go through the process of attending unnecessary parole hearings and making victim impact statements, which are traumatic, to say the least, and heart-wrenching for these families. Worse yet, these sadistic murderers often apply for parole every two years once they are eligible for the sole purpose of toying with families, revictimizing them and making them relive the gruesome killings that were committed. There are studies that suggest these heinous killers get off on recounting their crimes in gruesome detail in front of their victims' families at these hearings.
It is worth noting that my bill is not about creating longer sentences for these sadistic murderers. These depraved convicts will likely never qualify for parole. Parole boards have been very consistent in not allowing these types of heinous criminals out on parole.
I know there are some concerns about whether or not this violates section 12 of the Charter of Rights and Freedoms regarding cruel and unusual punishment, but I would like to emphasize that increased parole ineligibility is strictly under judicial discretion. The parole ineligibility period could now be set up to 40 years, but it would remain at the discretion of a judge and as advised by a jury.
This bill was modelled after Bill , now the Protecting Canadians by Ending Sentence Discounts for Multiple Murders Act, which also afforded judges the ability to extend the parole ineligibility period for multiple murder convictions. Rather than being concurrent, they are now served consecutively. Bill C-48 has stood up to a charter challenge. As such, my bill is in compliance with section 12 of the Charter of Rights.
The maximum of 40 years was determined by looking at the maximum ineligibility periods for each of these three offences and adding them together to be served consecutively, rather than concurrently. For murder, it is 25 years without parole. For abduction, it is 10 years. For sexual assault, it is 4.6 years. That is a total of 39.6 years, hence 40 years.
I want to be clear: Bill is not about mandatory minimum sentencing. I will state again that this bill is in compliance with section 12 of the Charter of Rights. It is based on the discretion of a presiding judge, through recommendations from a jury, allowing a judge to set parole ineligibility of up to 40 years.
I cannot stress enough that this bill targets the most depraved in our society. It targets those who will likely never see parole, so it will not impact criminals who will likely never be released from prison. This is about sparing families from appearing at unnecessary parole hearings. I will repeat that: My bill is about the families who are dedicated to giving a voice to and representing their lost loved ones, who cannot represent themselves.
I want to speak to a case in my riding from 15 years ago. Kimberly Proctor, who was 18 years old, was abducted, tortured, raped and murdered by two of her classmates. I know her family, whom I have met, is listening closely today. Her killers pleaded guilty to first-degree murder and were sentenced to life in prison with no chance of parole for only 10 years. Although they were minors, they were charged as adults. The Proctor family has already had to face multiple parole hearings and will continue to do so at least every two years, if not more, for as long as Kimberly's murderers live.
Kimberly's murderers were not convicted of separate charges for abduction and sexual assault, and this is not an isolated incident. Many prosecutors will stay additional charges and only prosecute the highest charge, normally first-degree murder, because it results in the heaviest penalty possible. My bill would encourage prosecutors to prosecute to the fullest extent, thus including all charges. This would allow for a longer period of parole ineligibility should there be a conviction on all three charges of murder, abduction and sexual assault in the same incident. This would not only help serve justice to the families upon conviction; it would also protect them from unnecessary parole hearings and having to relive the trauma every two years.
Again, I want to reiterate that these depraved murderers, these brutal, sadistic members of society, will likely never be released back into society. The Parole Board of Canada will continue to hold them in institutions, knowing they are dangerous offenders who will likely reoffend. Let us ensure that we are not revictimizing families by having them go to all of these unnecessary Parole Board hearings and relive the murder and the brutal details of how their loved ones were killed.
I hope members from all sides of the House who rise to ask questions on this bill will commit to supporting the bill, noting that it has previously received support from across all party lines, including at committee. I look forward to continued support from across the House as we seek to prevent the revictimization of the families of murdered and brutalized persons.
Let us remember the long list of victims I mentioned earlier in my speech: Tori, Holly, Tammy, Leslie, Kristen, Christine, Colleen, Daryn, Sandra, Ada, Simon, Judy, Raymond, Sigrun, Terri, Louise, Serena, Mona, Andrea, Brenda, Georgina, Marina and Kimberly. Let us remember and respect their families.
I would like to conclude with these thoughts: My bill speaks to the most heinous of cases in which a criminal abducts, sexually assaults and murders the same victim in one incident, and as a result, judges would have discretion to set parole ineligibility at up to 40 years.
I would like to state that the bill is fair, as it does not change the outcome; the offenders are unlikely ever to be released. It is just, as the courts and judges retain their discretionary powers based on the circumstances of each case. Most importantly, the bill is compassionate. It is about sparing the victim's families and loved ones from unnecessary parole hearings year after year.
For the Proctor family, and the families of all the victims I mentioned today, I will continue to fight to protect families in my riding on Vancouver Island, and indeed across Canada, from unnecessary parole hearings and the continued trauma that is caused as a result. I hope the bill will bring them some solace.
:
Madam Speaker, I rise today to speak to Bill , introduced by the hon. member for .
This bill addresses an issue that strikes at the very heart of our justice system—the way that our country punishes the most severe, devastating crimes resulting not only in death or serious injury, but also in lasting trauma for family members, survivors and society at large.
The bill before us proposes to allow the courts to impose a parole ineligibility period lasting up to 40 years when the same victim, during the same sequence of events, is murdered, kidnapped or forcibly confined, when a sexual offence is also involved. These crimes of extreme violence destroy lives, families and communities. Society justifiably feels a deep need for justice and protection in response to them.
Before taking our legal analysis any further, I want to acknowledge the immense pain of the victims and family members who have lived through such tragedies. I think that my colleague across the way did a good job, and I thank him for the eloquent way that he rekindled a debate on this subject.
When a family has to relive their trauma at every parole hearing, it is not only difficult, it is inhumane. This is not a theoretical debate. It is about shattered lives, parents and children living with impossible grief, survivors trying to rebuild their lives after an unthinkable incident.
This bill aims to address that suffering. It is intended to offer a form of stability and some degree of healing by reducing the frequency of hearings that reopen the wounds that might still be raw. This intention is profoundly just and deserves to be heard. It deserves serious discussion. We must respond with empathy, but also with rigour.
However, in a country governed by the rule of law, we must balance two imperatives. The first is the moral imperative to protect victims. The second is the legal imperative to respect the Constitution and the Canadian Charter of Rights and Freedoms. I am saying that emotion is important, but emotion alone cannot be the basis for a criminal sentence. Passing a law based solely on emotion without a solid legal framework runs the very real risk of that law eventually being struck down, unfortunately. If we pass a law that is later struck down, we would be disappointing victims a second time, as I just said.
It is not through weak laws that we protect families. We do so through robust, enforceable and constitutional laws. The current system is strict but well defined. Canada already has a system that allows for adjustments in terms of ineligibility for parole for murders. The system automatically calls for 25 years of imprisonment for first-degree murder and between 10 and 25 years of imprisonment for second-degree murder. Section 743.6 of the Criminal Code also includes mechanisms for delaying access to parole in certain serious cases.
This system is based on a fundamental principle that has been recognized by the Supreme Court for decades: individualization in sentencing. Sentences must take into account not only the act committed, but also the degree of responsibility of the convicted person, their history and, yes, their rehabilitation potential. This is not an ideological position. It is a constitutional principle.
The Bissonnette decision serves as an essential reminder. Bill C-235 cannot be studied without considering the Bissonnette decision. In that decision, the Supreme Court struck down consecutive ineligibility periods lasting 50, 75 or 100 years. Why were they struck down? They were struck down because a sentence that allows no real prospect of release, even in theory, constitutes cruel and unusual punishment within the meaning of section 12 of the charter. The court did not say that the crimes were not atrocious or that the sentences should not be long. It said that the state can never completely rule out the possibility of reintegration into society, even for offenders guilty of the most heinous crimes. The decision is not political; it is a constitutional requirement.
A 40-year ineligibility period could be considered extreme in some cases, particularly if it were imposed on very young individuals or in specific circumstances. The legal risk is therefore not theoretical, but rather real, serious and predictable. Our responsibility here in the House is to strengthen the bill so that it cannot be successfully challenged. We are not rejecting Bill , on the contrary. We recognize the legitimate intention behind the member's bill. However, for it to become a lasting, effective piece of legislation, respectful of fundamental principles, it needs to be improved. We are therefore proposing three amendments.
The first amendment, which is essential, is about a clear and consistent right of appeal. When imposing an exceptionally severe sentence, there must be a national review mechanism to harmonize the case law. The second amendment is about a requirement to provide grounds for any inadmissibility exceeding 25 years. An exceptional sentence must be accompanied by equally exceptional grounds. This will reinforce the legitimacy of the decision in the eyes of the public and will protect the law from challenges. The third amendment specifies the law can only be applied prospectively. This is essential to avoid the risk of violating section 11 of the charter, which prohibits increasing a sentence retroactively. These amendments in no way diminish the scope of my colleague's bill. On the contrary, they make it stronger, more consistent, more sustainable and more useful for families and survivors.
We want a strong, compassionate and constitutional justice system. Our goal is not just to impose harsh penalties, but to impose harsh penalties that will stand the test of time and hold up in courts in the future. Victims have already endured the unspeakable. They do not deserve to have a court decision imposed on them a few years later if it will have the effect of striking down the law they had pinned their hopes on. We must therefore offer them real, not symbolic, protection; justice that is firm but legally sound; a law that respects the Constitution but does not falter in the face of challenges.
In conclusion, Bill is very important. It is guided by a just and compassionate intention to better protect victims of the most serious crimes. However, in order to become a truly effective law, it must be modified by means of the three amendments I have presented. It must reflect our legitimate outrage, but also our deep respect for the rule of law. It is in this spirit that we are participating in this debate, and it is in this spirit that we invite all members of Parliament to improve this text so that it becomes a fair, sustainable, balanced and strong law, but above all, a compassionate one.
:
Madam Speaker, we are debating the bill introduced by my Conservative Party colleague, who was elected in , in British Columbia. I salute him and I would like him to know that I have the utmost respect for him, despite the fact that I strongly disagree with his approach.
His Bill proposes to amend the Criminal Code so that, in cases of murder preceded by kidnapping or sexual assault, the judge may impose a period of parole ineligibility that exceeds the current 25-year period and can instead go up to 40 years. If my colleague's bill were to pass, a person convicted of the abduction, sexual assault and murder of the same victim in respect of the same event or series of events could receive a life sentence without eligibility for parole for 40 years, if a judge so decided after considering the jury's recommendation.
That raises two questions. What are the motivations behind my colleague's initiative? Is it feasible?
First of all, let me take a moment to explain the current rules regarding parole for murderers. The Criminal Code already states that the minimum sentence for first- and second-degree murder is life in prison, with the possibility of parole after a certain period of time.
First-degree murder means a planned, premeditated murder, whereas second-degree murder means an unplanned murder, such as a crime of passion. In the case of a murder preceded by a kidnapping or sexual assault, which is the focus of Bill C-235, the Criminal Code already provides that this type of murder, premeditated or not, constitutes first-degree murder, meaning it is punishable by life in prison with no chance of parole for 25 years. What happens after 25 years? Individuals convicted of first-degree murder can apply to the Parole Board for a review of their case and for parole. The Parole Board examines the inmate's file and then conducts a review based on the inmate's reports, risk of reoffending and risk to society, for example. If the conditions are met, the board will allow the inmate to defend their parole application at a hearing before the board. The board then determines whether to grant parole and, if so, what conditions the murderer will be required to meet while on parole, such as reporting regularly to a parole officer, abstaining from alcohol or reporting any relationship with a woman.
It should be noted, as my colleague has already pointed out, that parole applications for criminals are rarely granted. Currently, two-thirds of parole applications are denied, and many criminals throughout Canadian history have repeatedly failed to obtain parole or day parole. My colleague referred to Mr. Bernardo, who has already been denied parole three times, in 2018, 2021 and 2024. This is how our criminal justice system currently works for murderers.
I want to come back to our questions. What are my colleague's motivations? What does he hope to achieve with his bill? He has said a few words about it and gave an interview to a Vancouver Island media outlet in which he explained his approach. My colleague already admits that a murderer who kidnapped and raped his victim beforehand would most likely never be granted parole after 25 years. However, the idea is to prevent the murderer from being able to apply for parole, because if there is an application, there is a hearing. If there is a hearing, the victims' loved ones and family members may have to relive the excruciating pain of being reminded of what happened. My colleague has already explained that the main purpose of his bill is not to delay parole, but rather, and I quote, “to ensure that victims are spared the pain of having to relive their trauma [and] prepare for hearings that may ultimately change nothing”.
The goal is therefore to spare the bereaved from having to attend parole board hearings. That is why the short title of the bill is the “Respecting Families of Murdered and Brutalized Persons Act”.
What needs to be said in this regard is, first of all, that the presence of loved ones and family members at Parole Board of Canada hearings is not mandatory. From a human perspective, the need and desire of loved ones to attend is entirely understandable. From a legal perspective, however, their testimony is not directly relevant to the issues before the board. I have already suggested in the House that their testimony could be given through written statements or pre-recorded video testimony that could be played at each hearing, without necessarily requiring their physical presence. I think that would be a realistic approach to meeting the member's objective of not adding to the pain of the victims' family members and loved ones, and I think it deserves consideration.
With all due respect, as the Bloc Québécois sees it, the solution proposed by my colleague today seems unrealistic and unconstitutional. I truly believe it is unfortunate to give false hope to families that have already endured a lot of pain. There is no realistic hope of this bill being enforceable. This brings us to answer the second question: Is it feasible?
My colleague from the Liberal Party spoke earlier about the Bissonnette decision. This is a recent decision that was handed down in 2022. The Supreme Court explained the state of the law regarding sentences and the possibility of obtaining parole. To summarize, in 2017, Alexandre Bissonnette entered the Quebec City mosque armed with a semi-automatic weapon. He killed six people and wounded five others. At trial, he pleaded guilty to all charges against him, including six counts of first-degree murder. At the time, there was a section of the Criminal Code that allowed for the periods of parole ineligibility to be combined. The mosque killer faced six consecutive periods of ineligibility for parole of 25 years. He therefore faced 150 years without parole.
This case went all the way to the Supreme Court. In 2022, the Supreme Court struck down this section of the Criminal Code, saying that it violated the Canadian Charter of Rights and Freedoms. It is important to mention that the Supreme Court also rejected the proposal made by the trial judge not to impose a 150-year sentence without the possibility of parole, but to extend the period of ineligibility for parole to 40 years. The Supreme Court rejected this solution, which is being proposed today.
I would like to briefly quote the Supreme Court:
Section 12 of the Charter guarantees the right not to be subjected to any cruel and unusual treatment or punishment. In essence, the purpose of s. 12 of the Charter is to protect human dignity and ensure respect for the inherent worth of each individual.... the imposition of a sentence of imprisonment for life without a realistic possibility of parole...is, by its very nature, intrinsically incompatible with human dignity. It is degrading in nature in that it presupposes at the time of its imposition that the offender is beyond redemption and lacks the moral autonomy needed for rehabilitation.
It seems highly unlikely that the Supreme Court would find that a parole ineligibility period of 40 years is in keeping with the Canadian Charter of Rights and Freedoms. In light of that, if my colleague is serious, then there are two ways to ensure that, if it is passed, his bill is valid and enforceable.
We could invoke the notwithstanding clause and say that, in this case, we are going to override that section of the charter. I asked my colleague about that, but he did not seem to be committed to that course of action. I do not understand because, if the member is really serious about this, then he needs to do what needs to be done, but that is not what is happening.
The other way to ensure that this bill, if passed, would be valid is to amend the Canadian Charter of Rights and Freedoms. To do so would require the consent of seven out of 10 provinces, representing more than 50% of the Canadian population. My colleague also did not propose this as a solution.
What this means is that we are considering a bill that, in our view, is likely to violate the Constitution and is not applicable in our legal system. I say this with all due respect. The member is not proposing any solutions to make this possible. I cannot help but feel sad for the families and loved ones of murdered and brutalized victims, to whom my colleague promised to take action by dangling the prospect of a new law that has no chance of ever being enforceable. I can only share their bitterness about politicians who, once again and once too often, raise people's hopes only to let them down. That is why the Bloc Québécois will be voting against this bill.
:
Madam Speaker, as the seconder of the bill, I rise to speak in strong support of Bill , the respecting families of murdered and brutalized persons act, introduced by the member for .
I want to thank the member for his leadership in bringing the bill forward. It is legislation that would help spare the families of murder victims from being retraumatized with frequent parole hearings brought by some of the worst and most sadistic murderers in our correctional system.
I also want to acknowledge the leadership of the member for , who has been a tireless and consistent champion for the rights of victims and has championed the bill in previous Parliaments. In fact, I recall speaking to the bill in a previous iteration in 2019.
The bill would amend section 745 of the Criminal Code to give judges the discretion to increase the parole ineligibility period for first-degree murderers who sexually assault or kidnap their victim in the course of the same criminal event or series of events. As it presently stands in the Criminal Code, all first-degree murderers are eligible to apply for parole after 25 years. All the bill would do is provide that, in the case of the worst of the worst offenders, a judge would have the discretion to increase the parole ineligibility period from anywhere from 25 years all the way up to 40 years. I will make a few observations.
First, as the member for noted, in the Criminal Code, the automatic sentence for murder is life. That reflects the gravity of the offence and the fact that murder is the worst, the most serious, offence in the Criminal Code. I would submit that it follows that a life sentence ought to mean something when considering the length of time a convicted first-degree murderer who rapes and kidnaps their victim should spend behind bars before they have the privilege of applying for parole.
Second, I would note that while murder is horrific and evil, not all murderers are equal, yet the Criminal Code treats them equally in the case of first-degree murderer, insofar as they are eligible to apply for parole after 25 years. I certainly agree that anyone convicted of first-degree murder should not be able to apply any earlier than 25 years. Frankly, however, there are some murderers who are so vile, so sadistic, so evil and so irredeemable that they really fall into their own separate category. The member for listed some of those murderers with whom, unfortunately, Canadians are familiar.
For those types of sadistic murderers, there is really only one thing that can be done, which is to separate them from society for the rest of their life. That is precisely what the Parole Board has done in cases of murderers who abduct, rape, torture, brutalize and murder their victims. Those murderers are almost never provided with parole. In fact the member for asked the Library of Parliament to undertake research to determine how often murderers who fit into that category receive parole. The Library of Parliament could not find one case where a murderer in that category was granted full parole, and it found very few cases where temporary absences or day parole was granted.
Simply put, our correctional system has deemed murderers who fall into this category, who rape and brutalize their victims in the course of murdering them, to not be releasable. I would submit, therefore, that this underscores the reasonableness of the bill.
While such murderers are not releasable, they can apply for parole after 25 years. In fact, they can apply in year 23. When their application is turned down, as it almost certainly will be, they can apply again and again, year after year. Depending on the age of the offender, the murderer, that could mean dozens of parole applications and parole hearings over the course of the lifetime of the murderer. In the process, the families of victims are punished by the process. They are victimized again and again, retraumatized by having to go through parole hearings in which the application has virtually no chance of success.
Having regard for that, I ask if it is really that unreasonable to give a judge the discretion, in the case of the worst of the worst, to determine that a murderer ought not to be eligible for parole at 25 years, or for a longer period of time, anywhere up to 40 years. It could be 30 years. It could be 35 years. It would be entirely at the discretion of the trial judge having regard for the specific facts, the specific circumstances and the specific offender. I would say that is common sense. That is just. It does right for the families of victims who were murdered.
Speaking of frequent parole hearings for convicted murderers, that is why I offered Brian's bill in honour of the late Brian Ilesic, who was brutally murdered along with Michelle Shegelski and Eddie Rejano at the University of Alberta's Hub Mall. Matthew Schuman survived but lives with injuries that are life-altering. Brian's bill would amend the Corrections and Conditional Release Act to provide that murderers who apply for parole and are turned down cannot apply again and again. Their parole would only be considered at the time of the statutory review that occurs every five years rather than every year.
I am grateful to the member for for introducing Brian's bill in this Parliament, Bill . It is at the second reading stage. I hope it passes. It is common-sense legislation, just as this is common-sense legislation.
This legislation would go a long way toward sparing the families of victims from frequent parole hearings. It would stop convicted murderers from being able to, in many instances, take advantage of hearings to deliberately try to cause trauma to the families of victims, because they sadistically enjoy revictimizing and continuing to revictimize the families of their victims. It would also, of course, address the abuse of the process and all the costs associated with these hearings in respect of murderers who, frankly, have no hope because they are not releasable.
I was pleased to learn, based on the speech from the member for , that the government supports the intent of the bill, and therefore, it sounds like the government will be supporting the bill at the second reading stage to go to committee. The member for Bourassa cited three amendments—
:
Madam Speaker, the member did an outstanding job of expressing his thoughts to justify bringing forward the bill and really showing a great deal of sympathy to the victims. That is where I would like to continue, in terms of my question.
I genuinely believe that no matter their political stripe, people can relate to the circumstances surrounding these horrendous crimes and be very sympathetic to them. Where we can act, we should act.
I listened to the Bloc's position on the legislation. They are not supporting the legislation, but I still respect what the Bloc is saying and the concerns they raise. I would like to think that it does not take away from the sympathy they actually have towards victims. We heard the member for talk about the government's potential position, with respect to the legislation, that there are some concerns with the legislation. Those concerns need to be addressed.
I put forward my question for the member, and I was encouraged by his response and hope that it is all in good faith. The motivation for the legislation should be focused on the victims. When we talk about the victims, I would even expand it a little more to talk about our communities. Often when we hear of these parole eligibility hearings taking place, it generates quite a bit of media attention. Through that media attention, all forms of opinions and thoughts are developed in our communities.
For me, I want to make sure there is some justice for our communities and for our victims. I think it is really important for them to not have to relive these horrific incidents that have occurred. Even though, as has been pointed out, and the member is aware, the victim does not necessarily have to attend a parole board hearing. However, I can understand why they would want to attend. I can understand how the media attention generated by the appearance of someone who has committed a horrendous crime filters into the community and then into the homes of the victims. It is very real. It is very tangible.
Based on the assumption that the motivation is right, in terms of bringing forward the legislation, and that the member is genuinely open to amendments, there is an opportunity, in an apolitical fashion, to see the legislation ultimately get to committee. That could be a very healthy situation. We will have to wait and see how that ultimately develops.
Private members, and it does not matter from what side of the House, will often identify an issue that is important to them, and that could be because of a personal experience, because of a constituent in the riding they represent raising a particular issue or because of a stakeholder, in this case, the victim. The types of victims we are talking about in this situation come from all regions of the country.
I can appreciate when a member identifies an issue and then chooses to bring it forward in the form of a private member's bill. What I like about private members' bills is the fact that they are programmed. We know that at most, there will be two hours of debate on this legislation. I would argue that that is a good thing. Otherwise, we might not ever see a vote on the legislation that would enable it to go to committee if it passed.
It is important for me to raise that because I personally believe we need to look at rule changes so that we can apply the same principles and program votes to government legislation, though maybe not two hours. I say that as the member is concerned about the file on crime. We are also concerned about the substantive legislation before the House today. There has been so much work dealing with issues like bail reform.
I know the member is very determined about his legislation that he has brought forward, and I believe he will get apolitical support to ultimately see it continue to proceed. I think we need to look at the crime file in a more apolitical fashion in general, because what the member has proposed is very similar to what we are trying to push in other legislative initiatives, and they are not always treated in the same fashion.
Looking at the legislation, there is a need for some amendments to it. There was a concern about whether or not there should be an ability to appeal, for example. If some form of amendment could be brought forward on that, we would see it being more compliant with the Charter of Rights and Freedoms. If we do not have some sort of appeal mechanism in there, it might not stand up against the charter and we could see it being ruled on in a superior court, or even at the Supreme Court. That issue has to be dealt with. I am very interested to hear how the member believes we can look at incorporating that into the legislation.
I have a great deal of confidence in our judicial independence and judges being able to use discretion. When we talk about changing the law in the form we are talking about today, where we exceed the 25 years that is currently in place, there should be an obligation for the the judge to provide some form of explanation detailing why we need to be able to extend eligible parole past that 25 years. To me, that makes a whole lot of sense.
I am not a lawyer by profession, but I used to be a justice critic in the province of Manitoba many years ago. I can tell members that not only did I learn about joint responsibilities for our justice system; I also learned the importance of being charter-compliant. I would highlight two areas of concern, but there might be some additional concerns out there. That is the reason I look to the member in the hope that we will see amendments to the legislation so that more members of the House will feel comfortable to the degree that we could see it pass.
At the end of the day, if we can do that, the real winners would not be the members of the House, but the public as a whole. Canadians would benefit. That is the reason why, when we talk about legislation in general—
:
Madam Speaker, it is of course an honour to speak to this very important bill from my colleague.
I want to focus members' attention back on why the bill is important and why the changes should be made. I will reiterate one of the horrific instances of something the bill would seek to address, and that, of course, is the murder of Tori Stafford, from my neck of the woods. I will remind members what happened in the case by reading from a local article at the time, which said:
Terri [Terri-Lynne McClintic, one of the murderers] went to a local hardware store and bought a claw hammer and some garbage bags, after which they drove to a remote location near Mount Forest, Ontario. Over there, Terri stated that she got out of the car while Michael sexually assaulted Tori. He then placed a garbage bag over her head and hit her with the hammer. They placed the body in more bags, hit it under a pile of rocks, and then drove away.
These are the types of horrific crimes that the bill seeks to bring justice for. Right now we do not have justice.
One of the key principles of our criminal justice system is proportionality, which means that the punishment should fit the crime. Right now we do not have the appropriate balance for these specific instances: abduction, rape, brutalization and murder. That is why my colleague's bill is important: It would return that balance.
There were concerns raised about discretion. If members read the bill, and I know that all members will before voting on it, they will see that it would maintain that discretion. It would allow a jury to make a recommendation, which would not be binding on the judge, and it would allow the judge the discretion to choose the period of parole ineligibility. It would not require it, but it would maintain that discretion. It is something that I, as a lawyer, support because context matters in these cases.
In these cases, we need more availability of a longer ineligibility period for parole, to ensure that brutal murderers like Michael Rafferty and Terri-Lynne McClintic do not have access to parole. As my hon. colleague mentioned, part of the problem is that once eligibility is reached, a person can seek it again and again, therefore revictimizing those who went through those terrible experiences and giving the opportunity for the murderers, rapists and abusers to get out again. Frankly, they should never see the light of day. That is why the bill, which would increase the ineligibility period from 25 years to between 25 and 40 years, is important.
Let me remind members that Parliament makes laws. Parliament upholds justice for Canadians. The courts will do what they want, but we should pass the bill.