Respecting Families of Murdered and Brutalized Persons Act

Bill C-235, Respecting Families of Murdered and Brutalized Persons Act · Report stage · now at first reading in the Senate Where it stands

What Bill C-235 would do

The bill would amend the Criminal Code to change sentencing for a person convicted of the abduction, sexual assault and murder of the same victim from the same event or series of events. Offenders would receive a life sentence without eligibility for parole for 25 to 40 years. The trial judge would determine the exact parole ineligibility period within that range after considering any recommendation from the jury.

Official text (opens in a new tab)

7 statements

Jeff Kibble, Cowichan—Malahat—Langford

Conservative
“I want the House to pass this bill. It lets judges make people who kidnap, sexually assault, and murder the same victim wait between 25 and 40 years before applying for parole. This spares victims' families from having to attend repeated parole hearings so soon. It is fair and legal because judges get to decide each case, and both sides can appeal.”
Official Hansard

moved that the bill be read the third time and passed. He said: Mr. Speaker, I rise today on behalf of the great people of Cowichan—Malahat—Langford on beautiful Vancouver Island. It is my honour to address Bill C-235, the respecting families of murdered and brutalized persons act, at third reading, not because it is my private member’s bill, but because of all those who have been a part of this journey through years of hard work and effort across party lines. I rise to acknowledge the collaboration and support on every side of this House that made this bill possible. Members of every party have debated it, questioned it, amended it and made it stronger, always through the lens of respecting the families of victims. I thank them for that. That vision was never lost. The amendments they recommended, seven in all, were offered with just one purpose: to make this bill just. My hope today is that this vision and this spirit of collaboration will continue and carry this bill to the upper chamber so that it can continue its journey to becoming law. A private member’s bill is meant to be the loneliest kind of legislation, one member, one idea, one chance. However, this has been a team effort. Let us think of Kimberly Proctor who was 18 when her life was taken in Langford close to where I live. Her aunt, Jo-Anne Landolt, came from Vancouver Island to the Standing Committee on Justice and Human Rights and told the committee, in her own words, what a parole hearing costs a family like hers, or the families of Tori, Kristen and Leslie, and so many more, every family who has had to speak a loved one’s name at a parole hearing in a room they never chose to enter, and the many others whose names I have spoken as well in this House. An institution is judged by how it treats people on their worst day. Our Parliament, the justice system, the Parole Board are all institutions. The Parole Board carries one of the hardest jobs in our country. This bill criticizes none of them. It asks whether we can give a family more time before that next hard day in a parole room. Ms. Landolt told the justice committee that in the beginning, a single victim statement took her months to write. She travelled from the island to the mainland with overnight stays, security clearances and procedures. One hearing was delayed, over and again, to December, then February, then June, with a full year of waiting and preparing. For every step of preparing for those hearings, she and her family relived the worst day in their lives. She said her family attends parole hearings for Kimmy, to be her voice. She also said that this bill “won’t take away the pain...but it will ease some redundant stress.” Early on, she told the committee, “Something good has to...[come] from Kimmy’s death”, “Someone can’t die like that for nothing.” That is what this bill is for, the families. It applies to only the most heinous and depraved of crimes, where the same victim is abducted, sexually assaulted and murdered in the same event or series of events. Justice officials told the committee there were about 26 offenders in federal custody between 2000 and 2020 who had crimes that fit this pattern, though not every one of them was convicted on all three offences. Let me say plainly what this bill would do, because it has been described as larger than it is. First, the starting point is that it would stay at 25 years of parole ineligibility, as it is today. Second, a jury could make recommendations. Third, in those cases, only a judge could add years up to a ceiling of 40 years of ineligibility, but only after weighing an offender’s character, the offences and the circumstances. Fourth, a judge would need to give reasons. The offender could appeal, so could the Crown, and the Parole Board still would decide whether anyone was ever released. That would not change. Now I will go to an important question that members have asked. Is it constitutional? Section 12 of the charter protects every person in this country from cruel and unusual punishment. Many Canadians, myself included, find it unimaginable to extend that protection to those who have done such horrible things, but the charter requires it and Parliament respects it. In 2022, in Bissonnette, the Supreme Court of Canada unanimously struck down a provision that let courts stack parole ineligibility in multiple murder cases and that allowed 50 years all the way up to 150 years. The court said that Parliament may not remove, in advance and for every offender, any realistic possibility of parole. I take that seriously, and so did the committee. This bill is built differently. It does not stack. It does not start at 50 years. It starts where the law starts today, at 25 years of ineligibility for parole. The justice officials told the committee that the key difference from the Bissonnette case is judicial discretion. A judge could choose 26 years or 30 years; nothing is automatic. Then the committee made the safeguards stronger, adding appeals for both sides and reasons from a judge. As reported in this House, the Library of Parliament found no full paroles among the offenders in this class of most heinous crimes. The Parole Board has not treated these offenders as releasable. The bill asks only to say so less often, to the families who must prepare for every hearing. I will not stand here and promise how a court will rule. No member of this House can do that. However, officials told the committee plainly that any change to parole ineligibility would be closely examined under the charter, and I welcome that. A law that touches liberty should be examined. What I can say is that Parliament did its part. We heard from families, police, the ombudsperson for victims of crime, and justice officials, and we kept the 25-year ineligibility parole floor where it is. Eligibility for parole is a date on a calendar, not a release. Several members, who were worried about this, asked that this bill apply only to future cases, and I can assure everyone that it would. I am speaking directly to my Bloc Québécois colleagues. I believe in social reintegration, and I believe that every offender should have the opportunity to access it. I also believe there are certain horrific crimes, such as these, where that may not be possible. That is why this bill leaves the decision to judges, with justification, and gives both parties the right to appeal. It does not close the door. It requires the courts to examine each case individually. How did we get here? It is not the way many private members’ bills do. At second reading, the member for Bourassa said, “When a family has to relive their trauma at every parole hearing, it is not only difficult, it is inhumane.” He asked for the right to appeal, written reasons and a clear rule that the law look forward. At committee, the Parliamentary Secretary to the Minister of Justice moved seven amendments, and all seven carried. I thank her for her collaborative and positive work on them. The member for Mount Royal, speaking of an earlier version of this bill, told the committee, “I supported it then, and I still support it now.” The member for Sarnia—Lambton—Bkejwanong, who grew up half a block from where Kristen French lived, showed real emotion at the table. I thank her and, through her, every member of the committee for their thoughtful questions and support. The member for Rivière-du-Nord pressed me on rehabilitation, and that is the right question for every sentencing law. The reasons and appeals are how we keep that door open honestly. I thank my own colleagues in this House. The member for Selkirk—Interlake—Eastman tabled this bill in two separate Parliaments, and he seconded it when I introduced it. He has spoken in support of it in the House many times. He has given years of hard work and passion to it. I know it is as near and dear to his heart as it is to mine. The member for St. Albert—Sturgeon River seconded it again at second reading and spoke strongly in support of it. The member for Elgin—St. Thomas—London South kept the voices of families, like Tori Stafford’s father, at the centre of the committee room. The member for Oxford, our critic for justice, gave his full and strong support to this bill. Larry Brock, the former member for Brantford—Brant South, gave me guidance through this process, and I am incredibly grateful to have worked alongside him. A private member’s bill is carried by far more than its sponsor. Dr. Benjamin Roebuck, the ombudsperson, told the committee that this bill is one part of a broader conversation: clearer information for families, attention to the time between reviews and a real complaints process. I support all three, and I would ask the government to bring those forward. This bill has come before the House in earlier parliaments. Twice, it has passed committee with the support of every party. We do not need an election to interrupt it again. Every party in the House has a hand in this bill, but more importantly, it belongs to the families it is meant to serve. Most importantly, it is a win for families, beginning with Kimberly Proctor’s. Together, we stood up for the families of victims. We have heard their voices, and I stand with them. I feel confident that all members of Parliament stand with them. I spoke with Ms. Landolt today. She is thankful, and she strongly supports this work. Families in Langford, in Ontario and in every province are watching what the House does today. Let us give them a vote that every party can stand behind, a vote that says regardless of who holds government, no family should be asked to relive the worst day of their lives in a parole hearing room they never chose. To the families watching us, from Vancouver Island to Quebec, this journey was not a choice, and no one should have to go through it alone. We have listened. Let us work together to pass this bill. Let us pass Bill C-235 and send it to the upper chamber with the voice of this House behind it.

James Bezan, Selkirk—Interlake—Eastman

Conservative
“I want this bill to pass. It is about compassion for victims' families, not just being tough on criminals. Killers who kidnap, assault, and murder people are never let out of prison anyway. This bill lets judges delay parole so families do not have to keep reliving their pain at hearings.”
Official Hansard

Mr. Speaker, I thank my colleague from Cowichan—Malahat—Langford for taking on the bill and bringing it forward this far and for his passion and compassion for the families of victims who were brutalized persons. When I first drafted this bill back in 2012, it was with the realization that Clifford Olson was dying in the hospital and talking about how he used parole board hearings to retraumatize the families, to revictimize the families at these ongoing, unnecessary parole board hearings, and how it impacted families like the Rosenfeldts. Also at that time was the Tori Stafford case, and I knew her family would have to go through two separate parole board hearings because of the killers in that situation, Terri-Lynne McClintic and Michael Rafferty. That was really the nexus for drafting the bill. Could the member speak to the fact that this is not about being harder on the criminal, the murderer, the people who kidnap our kids, torture them, assault them, sexually assault them and murder them? This is about empowering the courts and being compassionate to the families so that they would not have to go through all these unnecessary parole board hearings, because the people who commit these types of heinous crimes never do get released.

Jeff Kibble, Cowichan—Malahat—Langford

Conservative
“I want the House to pass this bill. Terrible criminals will never get parole anyway, but parole hearings hurt the victims' families. This bill protects those families.”
Official Hansard

Mr. Speaker, I thank my colleague for the passion he has brought to this bill, for the amazing work and support he has given me and for his kind words today. The member mentioned the Olson case. It has been proven that these most heinous criminals get off on further victimizing the victims’ families. We know these types of criminals are never released by the parole boards, and going forward, we know they likely will never be released by the parole boards. This bill addresses the revictimization of families. This bill is focused on families. It would change little for the criminals of these horrific crimes, but it would make a huge, positive difference for the families of those victims.

Jeff Kibble, Cowichan—Malahat—Langford

Conservative
“I want the House to pass this bill. It keeps the minimum time before parole at 25 years and lets judges and the parole board make decisions. Even if someone challenges this law in court, legal experts say it will stand.”
Official Hansard

Mr. Speaker, as far as I can tell, and the experts have looked at it, the courts agreed that the provision of the Bissonnette case was unconstitutional because the trial judge’s remedy to set discretion at 40 years was too intrusive, but that was struck down because they were stacked upon each other. This will potentially face a charter challenge, but the way that it was built with the floor of 25 years, nothing has changed there. With discretion and the way the bill was built, as the legal experts who came before the committee have stated, is that the floor would stay the same at 25 years of parole ineligibility and discretion would still lie with the judge and with the Parole Board and would rest with the safeties that have been put into this bill. I am confident that this bill will stand and help the families of victims.

Jeff Kibble, Cowichan—Malahat—Langford

Conservative
“I thank the member for her comments and for caring about the families of victims.”
Official Hansard

Mr. Speaker, I thank my colleague from Saanich—Gulf Islands for her comment, and I also appreciate her passion for supporting the families of victims.

Jeff Kibble, Cowichan—Malahat—Langford

Conservative
“I want the House and the Senate to pass this bill. It makes people who kidnap, sexually assault, and murder a victim wait 25 to 40 years before they can ask for parole. This protects grieving families from facing repeated parole hearings. The Supreme Court rejected stacking parole terms, but this bill works differently and has safeguards.”
Official Hansard

Mr. Speaker, I thank every member who has spoken on this bill today and over the many times it has come before this House in earlier Parliaments and at committee. I thank the member opposite from the Liberal Party for his detailed and passionate analysis where he pointed out the many safeguards that are built into this bill to protect against the challenges that the member from the Bloc Québécois pointed out. I thank the member opposite from the Liberals for his support. I know we are making the correct decision. I would like to address the comments of the member for Rivière-du-Nord, who spoke about the Bissonnette case. Indeed, it was rejected, but it is worth pointing out. I have read the 2022 Supreme Court of Canada decision 23, where the court agreed that the provisions that the judge stacked parole ineligibility on top of each other were deemed unconstitutional. In fact, in that case, the judge tried to remedy it by reducing the sentence from 150 to 40 years. When that decision was thrown out by the Supreme Court, it was due to those provisions, not the 40-year sentence. This private member’s bill, I can assure the member, has been built completely differently. This is making the right choice to both protect criminals and, more importantly, respect the rights of the family members. We never want another family to be touched by this kind of horrific crime. I pray there never is, but if there is, God forbid, this is the kind of bill that can lessen their pain. For that family, for Ms. Landolt’s family and for every family that has walked that road, this is what we can do. I have done my part, and I am humbled to have been able to contribute. My hope is that it will make it to the upper chamber and the upper chamber will bring the same compassion and the same speed, so that the respecting families of murdered and brutalized persons act can do what its name promises, and respect those families. I have carried this torch as far as one member can. I hope that it soon will humbly pass to the upper chamber and if this bill does become law, the torch can finally be laid down because the law will carry the weight from there. To the families that have had to carry this for so long, I thank them. We pray, as I said, that no family will ever have to use this law. I want to tell Ms. Landolt and every family that has told us about their trauma of reliving these horrific crimes at parole hearings that they have carried this longer than any of us. They did not have to. They carried it for Kimmy, for all the victims and all of the families. I say to them, as they say in the navy, Bravo Zulu, or well done, to everyone.

Jeff Kibble, Cowichan—Malahat—Langford

Conservative
“I want the House to pass my bill.”
Official Hansard

Mr. Speaker, I ask that my private member’s bill, respecting families of murdered and brutalized persons act, do now pass.

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