Canadians have always taken pride in our low crime rates. Safe streets have long characterized Canada's communities -- from villages to towns to cities.
Safe communities allow families and businesses to prosper. Unfortunately, our safe streets and healthy communities are increasingly under threat of gun, gang and drug violence.
We have started to tackle crime. In accordance with our promises, your new Conservative government has introduced legislation in Parliament which gets tough on violent criminals.
Conditional Sentences
As part of its commitment to tackle crime, your federal government introduced Bill C-9 which ends the use of conditional sentences – sometimes called “house arrest” – for serious offences. A conditional sentence is a sentence of imprisonment that may be served in the community, provided several conditions are met.
While these conditions were designed to screen out the most serious and violent cases from eligibility, a number of controversial sentencing decisions have been made over the years.
Under Bill C-9, a conditional sentence will no longer be an option for anyone indicted and convicted of an offence that carries a maximum prison sentence of 10 years or more where harm or death to a person ensues.
The revised law will prevent some serious offenders from receiving a conditional sentence. Such assurances will help improve public confidence in the use of conditional sentences by helping to ensure criminals face penalties that match the seriousness of their crimes.
Sadly, the Liberal and NDP Members of Parliament gutted Bill C-9 by removing from its scope serious crimes such as arson, armed robbery, breaking and entering and luring a child over the internet for sexual purposes. Criminals convicted of these crimes will still have the possibility of serving their sentences in the comfort of their own homes and in the communities where their crimes were committed.
Mandatory Prison Sentences
In response to heightened public awareness of gun crimes throughout Canada, your new Conservative government has introduced a bill which imposes tough mandatory minimum sentences on criminals who use guns in committing crimes or who carry illegal firearms.
The new mandatory sentences range from 3 to 10 years in prison, depending on the nature of the offence and on whether the offender has any prior gun convictions.
Age of Protection
Prime Minister Harper promised that he would act to protect the most vulnerable within our society, namely our young children. He has followed through on that promise by introducing a bill which increases the minimum age for sexual consent from 14 to 16 years of age. This will bring us into line with most of the world's other developed countries and with the United Nations Convention on the Rights of Children.
Increasing the age of consent will make it easier to convict adults who sexually prey on young children. The defence of “mutual consent” will no longer be available for sexual relations between an adult and a child under the age of 16..
The proposed law will provide an exemption from prosecution for teenagers who are close in age to ensure that "puppy love" is not criminalized.
Street Racing
In keeping with our promise, your Conservative government introduced legislation in Parliament which gets tough on street racers. We are sending a strong message that street racing on Canada’s roads and highways will not be tolerated, and that offenders will be dealt with appropriately by the criminal justice system.
Street racing is not about kids having fun. It is a reckless and dangerous activity that endangers human lives and has no place in Canadian communities.
It is equally important that we prevent criminal behaviour before it has a chance to take root. To this end, the Government will work with the provinces and territories to help communities provide hope and opportunity for our youth, and end the cycle of violence that can lead to broken communities and broken lives.
Dangerous Repeat Offenders
Your new Conservative government has introduced legislation to provide tougher sentences and more effective management of individuals convicted of sexual or violent offences in Canada. Canadians from across the country have told us they want action on crime. We are delivering.
Bill C-27 imposes stricter conditions on repeat offenders to keep such criminals from offending again and again. The proposed legislation will put the onus on criminals convicted of a third violent or sexual offence to prove that they should not be declared dangerous offenders. Those who fail to do so will be subject to an indeterminate jail sentence, with no eligibility for parole for seven years.
The legislation also increases the maximum duration of peace bonds from 12 to 24 months, which will allow additional restrictions and conditions to be placed on the actions of released criminals.
Our justice system generously gives second and third chances. But at some point, governments must draw the line to protect law-abiding citizens, and this bill will do just that.
Bail Reform
Our government recently announced amendments to the Criminal Code which will make it harder for people charged with serious firearms offences to obtain bail. Prime Minister Harper's announcement of this initiative was supported by Toronto Mayor David Miller and Ontario Premier Dalton McGuinty.
Gun violence on our streets must be curbed. It is high time to toughen the bail scheme. It is high time that Canadians stopped fearing gun violence.
"Reverse onus" is the cornerstone of these bail reforms. With this measure, those charged with serious gun crimes will have to demonstrate to the court why they should not stay in custody until their trial. Reverse onus would apply in the following cases:
-
If the accused is charged with a serious offence committed with a firearm, namely, attempted murder, discharging a firearm with a criminal intent, sexual assault with a weapon, aggravated sexual assault, kidnapping, hostage-taking, robbery and extortion;
-
If the accused is under a weapons prohibition order and is charged with any serious weapons related offence; and
-
If the accused is charged with firearm trafficking or smuggling.
These reforms will lower the risk that people charged with serious firearm offences may re-offend while out on bail. It will also reduce the risk that they may take flight to avoid facing trial for their original charges.
Drug-Impaired Driving
On Nov. 21, 2006, Justice Minister Vic Toews introduced legislative amendments to strengthen the laws against alcohol and drug impaired drivers.
With this legislation, Canada's New Government is taking action to protect the lives of innocent people from those who drive under the influence of drugs and alcohol.
With this law, we are ensuring that drug-impaired drivers face similar testing that is now faced by drunk drivers. We're giving police better tools to detect and investigate drug and alcohol impaired driving, and we're increasing penalties.
The proposed reforms include the following elements:
-
Drivers will be charged if in possession of an illicit drug;
-
Drivers with blood alcohol levels exceeding .08 will face life in prison in the case of causing death, and a maximum 10-years in jail in the case of causing bodily harm; and
-
Impaired drivers will face higher mandatory minimum penalties. For a first offence, a fine will increase from $600 to $1,000. For a second offence, sentencing increases from 14 days to 30 days. For a third offence, sentencing increases from 90 days to 120 days.
We are also providing additional tools for police to enforce impaired driving laws. They will be able to demand that a person suspected of driving while impaired by alcohol or a drug participate in physical tests and bodily fluid sample tests.
The proposed legislation will also help prosecutors by restricting the use of "evidence to the contrary" (also known as the "two-beer" defence) in court. Impaired drivers will be limited to scientifically valid defences.
More information about our new criminal laws and tougher punishments for serious crimes can be found at www.tacklingcrime.gc.ca.
