Bill C-393
Seeking minimum sentences

Gord Brown's Private Members Bill, prompted by the Brockville's Moffitt family, seeks mandatory minimum sentences for crimes committed with knives. Public discussion proves this is an issue throughout Canada. The Liberals say they will not support minimum sentences.

This recent photograph shows, left to right, Conservative MP Gord Brown, Rod Moffitt Sr., Conservative MP James Bezan, Paulette Moffitt and Conservative MP and Deputy Leader Peter MacKay with a framed tribute to Andy Moffitt that hangs in Gord's Ottawa office.

Conservative MP Gord Brown, Rod Moffitt Sr., Conservative MP James Bezan, Paulette Moffitt and Conservative MP and Deputy Leader Peter MacKay
Conservative MP Gord Brown, Rod Moffitt Sr., Conservative MP James Bezan, Paulette Moffitt and Conservative MP and Deputy Leader Peter MacKay

Justice issues on Gord's agenda during latest parliamentary session

Justice issues are playing a role in Gord Brown's parliamentary agenda. From mandatory minimum sentences for knife crimes to a victims' ombudsman's office to tougher DNA laws, Gord has been working to see Canada's justice system helps prevent crime and assists and protects victims of crime.

The first issue on his agenda is his introduction of a Private Members Bill that will provide minimum sentences for people who commit crimes with knives.

The Bill was developed in response to the 1998 murder of Andy Moffitt, a Brockville native who was stabbed while heroically trying to break up a fight in Ottawa just before he was to return home for the Christmas holidays. His killer was sentenced to five years in jail but became eligible for parole after serving one-third of that sentence.

Andy's parents, Rod and Paulette approached Gord about this issue during the 2004 election campaign, requesting that he review the case.

It became one of the first issues Gord dealt with upon being elected in 2004. Since then he has conducted a great deal of research on the topic.

He has found out that police departments across Canada are noting that more crimes are being committed with knives. People seem to carry knives because there are no real consequences to using them. Unlike gun crimes, there are no mandatory minimum sentences for knife assaults.

In April, immediately following a knife murder and a second knife assault in Kingston, Gord rose in the House of Commons and asked Liberal Justice Minister Irwin Colter when the government was going to get tough on people who commit crimes with knives. Cotler responded that the government will not consider mandatory minimum sentences.

The next day in the House, under further questions from Gord, Cotler's Parliamentary Assistant Paul Macklin re-iterated that the Liberals will not support minimum sentences for knife crimes. He stated that mandatory minimum sentences do not work as a deterrent.

This, according to most legal experts, is not true. Gord is moving forward with his Private Members Bill and is seeking majority support from other Members of Parliament.

Introduction of Bill C-393 - First Reading May 17, 2005

An Act to amend the Criminal Code and the Corrections and Conditional Release Act

HOUSE OF COMMONS

Tuesday, May 17, 2005

CRIMINAL CODE

MR. GORD BROWN (Leeds & Grenville, PC) moved for leave to introduce Bill C-393, an act to amend the Criminal Code and the Corrections and Conditional Release Act.

He said: Mr. Speaker, I present today this private member's bill for which members of my constituency and people all across Canada have been asking.

This act proposes to create mandatory minimum sentences for carrying a concealed weapon and for manslaughter on an unarmed person inflicted with a knife that was previously concealed.

The act mandates a reduction in parole eligibility for both offences and creates a second or subsequent offence for carrying a concealed weapon, as well as including carrying a concealed weapon as an offence withing the absolute jurisdiction of a provincial court judge.

The act would also provide direction to sentencing courts with respect to consideration and calculation of pre-trial custody.

The act provides direction to the National Parole Board with respect to supplying relevant information to crime victims, asserts the obligation of the board to not adjourn conditional release hearings without justification and creates a future conditional release eligibility consequence for offenders that waive scheduled hearings.

This bill is for ANDY.

Bill C-393 - Second Reading April 11, 2008

You can get a copy of the press release containing Gord's speech from the second reading (in PDF format) here.

Bill C-393 - Voted on June 4, 2008

The bill was voted on in the House of Commons and it passed 140 to 116. The bill is now on its way to committee. Thanks to everyone for their support!




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