November 15, 2005 (38th Parliament, 1st Session)

BQ

Richard Marceau

Bloc Québécois

Mr. Richard Marceau (Charlesbourg—Haute-Saint-Charles, BQ)

Madam Speaker, Bill C-329 was introduced in first reading by the Conservative member for Wild Rose on February 1, 2005 and put on the priority list on June 20, 2005. This will be its fourth appearance in the House of Commons since 2001.
Bill C-329 amends the Criminal Code in order to give peace officers the power to arrest without a warrant a person who is in breach of a probation order, or a condition of parole or unescorted temporary absence.
I should point out to begin with that arrest without warrant by a peace officer is already in the Criminal Code, so this is nothing new.
At the present time, the Code allows a peace officer to arrest without warrant a person who has committed an indictable offence or is about to commit an indictable offence. He must have reasonable grounds to believe the person has committed or is about to commit an indictable offence. A peace officer can also arrest without warrant a person who is in the process of committing a crime or one in respect of whom he has reasonable grounds to believe that a warrant of arrest or committal is in force. This is all set out in subsection 495(1) of the Criminal Code.
Bill C-329 proposes to broaden the list of situations in which an arrest may be made without warrant. The first condition added is if a person is in breach of a probation order; second, if a person wilfully fails or refuses to comply with a condition of parole; third, if the person wilfully fails or refuses to comply with a condition of unescorted temporary absence
Bill C-329 therefore allows a peace officer to arrest without warrant a person who is in breach of a probation order, or who, on reasonable grounds, he believes has committed or is about to commit the offence. A peace officer may also arrest without warrant a person who wilfully fails or refuses to comply with a condition of parole or of an unescorted temporary absence or who, on reasonable grounds, he believes has breached or is about to breach such a condition;
The Bloc Québécois continues to believe in and support the principle of rehabilitation. Probation orders, unescorted absences and parole orders are effective means of rehabilitation that have proven their value.
The Bloc recognizes that rehabilitation measures have sometimes failed and allowed offenders to commit new crimes. We still believe that society has no choice but to promote measures to return people who have broken the law to society. There is always an element of risk associated with rehabilitation. The aim must be to lower the risk at all times, knowing full well that it will never reach zero.
The justice system will never be perfect. Judicial errors occur, for example, such as the one involving David Milgaard, who was sentenced at 17 to life in prison for a murder he did not commit.
The system's failings must not lead us to throw the baby out with the bath water. We have to resist the temptation to reject the system's basic principles, such as rehabilitation. Instead, we must increase guarantees of security, surveillance methods and instruments of action in order to strike a balance among public security, the need to promote rehabilitation and the importance of maintaining public trust in the judicial system.
To ensure this balance, offenders authorized to move about in the community must meet all the conditions set for them either by a judge or by a parole commissioner. The system's credibility and the public's trust depend on the ability of the police to have the conditions met. So peace officers must have the means necessary to intervene quickly when parole conditions have been violated.
Bill C-329 will give peace officers the power to prevent offenders from violating their conditions of parole, probation or absence and to return them quickly before a judge when they have violated one of the conditions of release.
It is therefore in this perspective that the Bloc Québécois supports the principle of Bill C-329. It represents, in our opinion, an important surveillance and intervention instrument that will better protect the public, give a measure of credibility back to the judicial and correctional system and still permit recourse to the rehabilitation measures the Bloc believes in.

Topic:   Private Members' Business
Subtopic:   Criminal Code
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