BILL C-41 (SENTENCING REFORM) PASSES THIRD READING

IN HOUSE OF COMMONS

OTTAWA, June 15, 1995 -- Bill C-41 (sentencing reform) successfully passed the House of Commons today following third reading vote. The Bill delivers on the Government's commitment to improve the safety and security of Canadians, and helps to modernize the justice system.

The Bill includes provisions that will:

• provide direction to the courts on the purpose and principles of sentencing through a statement added to the Criminal Code; the provision provides that the purpose of sentencing is to contribute to the maintenance of a just, peaceful and safe society and to promote respect for the law;
  
  
  
  
• provide the courts with more options to distinguish between violent, serious crimes that require jail and non-violent, less serious crimes that can be dealt with in the community more effectively;
  
  
  
  
• assist victims of crime by strengthening the process for awarding and enforcing restitution to victims;
  
  
  
  
• allow victim information to be presented at early parole eligibility hearings; and
  
  
  
  
• help to ensure that jail is used as a last resort for fine enforcement, and that fines are only imposed on those offenders who are able to pay them; fully one-third of adult offenders in jail in Canada are there because they did not pay a fine.
  
  

The Bill will also make offences considered by a judge to be motivated by hate subject to longer sentences. Section 718.2 states that when an offence is motivated by hate based on the victim's race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disabilities or sexual orientation, or any other similar factor, this must be considered an aggravating circumstance by the judge in determining the sentence.

This motivation is an additional element that must be proven to the court -- it cannot simply be deemed to exist.

The hate crime provision of the Bill does not create any new offences, does not extend special rights to any one group, and does not condone or recognize any particular lifestyle. It will not affect the current state of the law in relation to same-sex benefits. All Canadians are represented in the list of grounds contained in s. 718.2.

Research shows that hate crimes are increasing in Canada --there are now at least 40 organized hate groups in Canada. Research also shows that when people become victims of hate-motivated crimes, it is almost always because of the factors listed in Bill C-41.

"This Bill makes an important societal statement: hate crimes hurt all members of the group to which the victim belongs by making them feel vulnerable and afraid," Minister of Justice Allan Rock said. "The sentences for these crimes must reflect the collective condemnation felt by Canadians of crimes not only against individuals but against groups as a whole. Bill C-41 is an important part of the Government's efforts to protect the right of all citizens to participate fully in the social and economic life of their country."

- 30 -

Ref.: Cyrus Reporter David Daubney

Minister's Office Department of Justice

(613) 992-4621 (613) 957-4755

(Version française disponible)