SECU Committee Report

Supplementary Report of the Conservative Party of Canada

The Standing Committee on Public Safety and National Security’s study on the growing problem of car thefts in Canada and on the measures the federal government has taken to combat this criminal activity has yielded a number of useful insights and recommendations to aid policy makers in the fight against automotive theft in Canada.

The final report omits some major recommendations aimed at criminal sentencing and criminal justice reform that the Conservative Party of Canada believes are necessary to combatting the growing problem of auto theft. They are collected in this supplementary report along with expert testimony in support of these recommendations.

Recommendation 1: That the government of Canada increase Criminal Code penalties for motor vehicle theft, including escalating terms of imprisonment for subsequent offences.

Witnesses testified that stronger Criminal Code penalties are required in order to deter car thieves from stealing vehicles.

Brian Kingston of the Canadian Vehicle Manufacturer’s Association testified that “strengthening the Criminal Code sends a signal that there are very clear and punitive penalties to people who choose to engage in frequent car theft.”[1]

Ontario Provincial Police Commissioner Thomas Carrique said “increasing the minimum penalties would be a deterrent. Right now, there is a minimum penalty of six months on a third offence. I do not believe that is strong enough. I believe there's a lot of merit to increasing the minimum penalty, and that bill you referred to is a good place to start the discussion.”[2]

Recommendation 2: That the government of Canada increase Criminal Code penalties for motor vehicle theft when it has been committed for the benefit of or in association with a criminal organization.

The committee heard testimony urging particular criminal penalties aimed at organized criminal organizations, who are responsible in large part for the increase in car theft.

Commissioner Thomas Carrique said “specific to the theft of motor vehicles, we're calling for stronger minimum sentences for repeat offenders, the creation of new offences related to trafficking and/or the exporting of stolen vehicles, and exercising the full range of Criminal Code penalties currently available.”[3]

Detective-Inspector Scott Wade of the Ontario Provincial Police added that “organized crime groups travel interprovincially to major metropolitan regions using spotters to identify vehicles, thieves to steal them and runners to transport the vehicles to points of export.”[4]

Recommendation 3: That the government of Canada remove eligibility for house arrest when an individual is convicted of motor vehicle theft by way of indictment.

Commissioner Thomas Carrique testified to the negative impact of weak penalties on dettering and preventing car thieves from repeating their activities. In his opinion, “police services right across this country are doing an absolutely amazing job at tackling auto theft, recovering vehicles and laying charges. You heard some of those successes from the Toronto police and Peel police earlier this week. However, there need to be consequences. When we do make those arrests, there need to be the appropriate penalties.…many of these offenders are repeat offenders. If they are incarcerated for longer periods of time, they are, in fact, not out in the community and able to victimize innocent Canadians by engaging in these criminal activities that they do over and over again.”[5]

Recommendation 4: That the government of Canada repeal the requirement for courts to impose bail according to the least onerous conditions for the accused and return to a standard of appropriate conditions with respect to public safety.

Witnesses told the committee that permissive bail guidelines are allowing car thieves to repeatedly victimize communities before they are brought to justice.

Detective-Inspector Scott Wade estimated “around 40% of the offenders we were arresting who were out of bail at the time…we're seeing that a large percentage of the offenders arrested are out on bail at the time for either other offences or similar offences, and then the majority of the offenders are being released on bail when they're brought before the courts.”[6]

Commissioner Thomas Carrique testified that “reckless offenders, many of whom have previous convictions for robbery, auto theft and weapons offences, or are out on bail for similar crimes, are committing violent carjackings and home invasions to gain access to certain sought-after vehicles.”[7]

Recommendation 5: That the government of Canada increase resources for the criminal prosecution system.

Witnesses testified that a major problem facing the justice system is a lack of resources for courts and Crown prosecutors.

Commissioner Thomas Carrique said “the prevalence of auto theft and of repeat violent offenders not being incarcerated is creating a danger for my officers and for officers right across this country.”[8]

Detective-Inspector Scott Wade added “the establishment of the major auto theft prosecution response team is going to counter a lot of those issues, if that is the case.”[9]