It’s the latest in what appears to be a new push of its tough-on-crime agenda by the Conservative government, following recent terror attacks and foiled plots. It also comes as the government marks the eighth annual National Victims of Crime Awareness Week.
“This bill would spare the families and loved ones of murder victims from being retraumatized from repeated parole applications from convicted murderers,” Justice Minister Rob Nicholson said Thursday. “Our government supports this bill and it’s consistent with our plan for safe streets and communities.”
Introduced by Conservative MP James Bezan in February, the “Respecting Families of Murdered and Brutalized Persons Act” proposes that those convicted of kidnapping or abduction in the context of a sex offence, and murder, not be eligible for parole for at least 25 years. It also gives judges the discretion to bump the parole ineligibility period to as many as 40 years.
Bezan said it’s not about “mandatory minimum sentencing,” but rather saving families from having to relive the crimes every two years once the offender becomes eligible to seek parole.
“The murders that we are talking about are the most sadistic of our society. These are individuals who take their pleasure from kidnapping an individual, raping them and then murdering them,” he said, adding it will affect future criminals whose crimes compare to those of prolific killers like Robert Pickton, Russell Williams, Michael Rafferty, Paul Bernardo and Clifford Olson.
“From what we can tell, they never get out of jail anyway. This is about giving the families the piece of mind of not having to go through these terrible experiences.”
In researching his bill, Bezan said he found that increasing the parole ineligibility period would effectively reduce the number of “unnecessary” and “traumatic” parole hearings by up to eight times, which, he said, also presents a “huge (cost) savings as well.”
Crime victims Sharon Rosenfeldt, whose son Daryn was among Olson’s victims, and Sen. Pierre-Hugues Boisvenu, whose daughter Julie was abducted, raped and murdered in 2002, were on hand for the announcement.
Boisvenu suggested victims fought to be part of a justice system that for years left them and their emotions out and that staying away from parole hearings to avoid the stress isn’t really an option. The bill, he said, is about “fairness” and “respect for families.”
Rosenfeldt said victims have a hard time coming to terms with the fact these killers are tried only on the most serious of their crimes — murder — and that sex assault and abduction are “viewed as freebies.” Taking these other crimes into account at sentencing, she said, is crucial.
“This will give judges the discretion needed to sentence appropriately by using the parole ineligibility process to ensure that the offender is held accountable for all the serious crimes they have committed,” she said.
“As the mother of a child who was abducted, raped and murdered, trust me: I know there are three crimes committed against my child … Our family had to come to terms with how he suffered during the three crimes, not one crime.”
“It’s taken years for victims to try to get the message out that we are not these angry, vengeful people,” Rosenfeldt said. “However, there is victimization whether you want to accept it or not. There is an aftermath to crime.”
NDP justice critic Francoise Boivin argued the bill wouldn’t survive a Charter challenge and that the Tories were once again, bringing in legislation “by the backdoor” without the intense scrutiny afforded to government bills.Liberal foreign affairs critic Bob Rae also complained about the government’s habit of interfering in the business of private members. Not only are private member’s bills limited to just two hours of debate and “little discussion,” he said, they’re also not intended to be another means of promoting the government’s agenda.
“They were intended to give an opportunity for members to vote on a non-partisan basis, to consider where they go on matter of conscience and matters of public policy,” he said, noting this bill and another government-backed bill to strip convicted terrorists of their Canadian citizenship are examples of this practice.
“Under Mr. Harper’s regime, what’s happened is private member’s bills . . . are being coordinated and they are being put forward and they are being addressed and being vetted by the Conservative caucus and they are being put forward by the prime minister as pieces of public legislation.”
Bill C-478 complements two other bills that are now law in Canada. The “Serious Time for the Most Serious Crime Act” repealed the faint-hope clause that allowed convicted murderers to apply for early parole after serving 15 years in prison.
The “Protecting Canadians by Ending Sentence Discounts for Multiple Murders Act” allowed judges to impose consecutive 25-year life sentences on offenders convicted of multiple murders. In other words, if convicted of the premeditated murders of three people, an offender could have to wait 75 years before even becoming eligible for parole.
Both measures came into effect in December 2011.
Earlier this week, the government sped up debate and finally passed an anti-terror bill that effectively resurrected two controversial post-9/11 laws that give police new powers to make preventative arrests and compel witnesses to give testimony at secret investigative hearings. Bill S-7 also makes it a crime to leave the country or attempt to leave the country to engage in terrorist activities.
After meeting with the family of Rehtaeh Parsons, a Nova Scotia teenager who recently took her own life after images of her alleged rape were circulated over the Internet, the government also announced this week that it would expedite a review of the Criminal Code to better respond to cyberbullying.
Original Article
Source: nationalpost.com
Author: Tobi Cohen
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