Mr. Speaker, my contribution to the debate on the assessment of the merits of Bill C-526, which has to do with sentencing based on a scheme proper to criminal proceedings, will focus on the principles that should guide the study in committee. However, I would also like to focus on the questionable practice of codifying sentencing criteria.

An assessment of merit can definitely be used in a work context and in labour relations. When we have to assess an employee, often we weigh the major advantages, the strengths and the weaknesses of that person. In my view, this type of reasoning and exercise can also be used to evaluate the bills we are asked to study. In this case, I want to emphasize the fact that this is a private member's bill. Ideals must prevail. In this case, the bill deals first and foremost with the principle of sentencing and sentencing submissions. At the risk of repeating myself, I would say that criminal law is based on practice and custom. Criminal law is rooted in common law. It differs widely from one judicial district to the next.

For example, in the judicial district around Fort McMurray, the law may be somewhat harsher given the degradation and deterioration of the social fabric. During the summer, a social worker told me that Fort McMurray has many problems related to the resurgence and reappearance of syphilis in the region. That indicates that there is criminal activity and that, in some parts of Canada, the courts have to rely on stricter sentencing principles. That explains somewhat why judicial districts are different and unique.

Until just recently—and I would like to think that it is still the case—judges and crown prosecutors were afforded considerable latitude in determining the appropriate sentence for any given offence. When I said that criminal law is based on custom, I meant that, in such a case, during submissions on sentencing, the crown prosecutors make their case based on the case law and doctrine. However, the defence lawyers also do the same. In the end, the judge is free to make the most appropriate decision. In this case, with this bill, the government is once again trying to interfere in the administration of justice. It is clear that the government is interfering in this area, but it has also interfered in other matters over the past few years. During their time in office, the Conservatives have been using backdoor schemes to try to influence or interfere in matters that, until just recently, were enshrined in law and whose fairness and transparency were above reproach.

I would like to stress that it is not necessary to add to the list of aggravating factors for various offences set out in the Criminal Code. The Criminal Code already contains a fairly substantial list of aggravating factors. During submissions on sentencing, judges and crown prosecutors point out what elements of the case should be considered aggravating factors. It is then up to the judge to make a decision in that regard.

Based on that observation, it is essential that we examine certain aspects of this bill more closely in order to assess the reach of a new category of serious aggravating factors. There is a scale. The next thing you know, we will be talking about supreme universal aggravating factors. At some point, we are going to run out of adjectives.

We are talking about serious aggravating factors, their possible interpretation by the judiciary and the specific nature of item 718.2(a)(i)(F), which provides a different definition of a criminal organization than the Criminal Code does. Bill C-526 refers to three offences, which I will quickly mention.

The first is an offence that is connected in any way to a group of three or more persons with a common purpose of facilitating or committing an offence. In my opinion, that is already covered by the Criminal Code. The second is an offence that is committed in association with a criminal organization, and the third is a terrorism offence. This is already an aggravating factor under section 718.2 of the existing Criminal Code.

I would like to mention in passing that the Conservative government's revisionist legislative initiatives have been a recurring theme throughout its time in office. I stress the word “revisionist” because it applies not only to criminal law or the practice of law but to many other areas as well, including terrorism.

I must say that it is a bit unrealistic, especially considering the reality in Canada. However, this notion seems to catch people's attention and they really focus on it. Ultimately, it is redundant, since the criteria are being added.

However, I think that this private member's bill—and other experts and lawyers agree—is primarily meant to please a voter base. We are approaching the holidays, and this government that claims to be tough on crime has some work to do, especially if you look at the latest statistics and polling data. This government tries to please its voter base and the big lobbies as much as possible.

The prison population is also part of the economy. Some people think that is appalling and controversial, but others believe that they account for a significant part of our country's economic development. This legislation clearly shows that.

I would now like to talk about sentencing submissions, since that is the crux of this issue. The criteria and aggravating circumstances come into play during sentencing submissions. Both attorneys are present for sentencing arguments. In serious cases, such as terrorism, conspiracies or organized crime, sentencing submissions are most often a separate step. When the offender is found guilty, there is another step that can last several days or several weeks, based on the severity of the case. For homicides, sentencing submissions can last several weeks. That is when jurists and lawyers—both the Crown and the defence—will make their arguments and will of course base them on legislation, but also doctrine and jurisprudence, including corresponding or similar decisions.

This is a familiar process that is rather amicable, if I can call it that. I like to think that criminal law is primarily something you learn on the job and that it reflects the particularities of a given judicial district. That is why there was so much latitude and why the judge had plenty of leeway in imposing a sentence informed by the circumstances.

The Conservatives are once again trying to impose their vision. Earlier, I heard the hon. member opposite—I remember now—minimizing the validity of plea bargaining. He said that, often, people are linked, that plea bargaining is the last resort and that people are forced to resort to it for lack of an appropriate sentence. Plea bargaining saves Canadians a substantial amount of money and greases the wheels of the justice system, speeding everything up or at least creating a more fluid legal process. That is why plea bargaining remains essential. In the end, the lawyers come to a consensus.

This is the umpteenth time the Conservatives have tried to control the administration of justice, which is utterly deplorable. They will pay the price eventually. The experts at the Canadian Bar Association also zeroed in on the compellability nature of the proposed additions. In their opinion:

...forcing judges to conclude that three people committing a crime together, as opposed to any other number, is an aggravating circumstance, does not advance the goal of protecting the public, which is the point of this bill.

On that note, I will allow the House to digest what I have just said. Good afternoon.

Jonathan Genest-Jourdain

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