Government Orders: Speaking on the Transfer of Convicted Killer Michael Rafferty

Government Orders

December 10th, 2018

“Mr. Speaker, before I begin with my prepared text, I would like to read a Facebook post by Mr. Rodney Stafford, who is from my riding. It starts with “Rodney Stafford is feeling angry”. His post reads: I’m really trying to find the words to say right now. There are so many questions that have been unanswered regarding Terri-Lynne, and I’m NEVER going to rest until justice is upheld. NOW, knowing what all we have [all] been fighting for over the last three months, and the questions asked without real answers and run around, it has come to my knowledge as of today that MICHAEL RAFFERTY–THE MAN RESPONSIBLE FOR ALL ACTIONS THE DAY OF APRIL 8TH, 2009. THE ABDUCTION, BRUTAL RAPE, MURDER, AND CONCEALING OF EVIDENCE, WAS TRANSFERRED FROM HIS MAXIMUM SECURITY FACILITY TO A MEDIUM SECURITY FACILITY IN MARCH!!!!!! This means that ALL THIS TIME over the last three months, CORRECTIONS SERVICE CANADA AND OUR CANADIAN GOVERNMENT have been hiding the fact that NOT ONE, BUT BOTH people responsible for stealing the life of Victoria have been working their way to luxury. Where in the world does it make sense that the worst of the worst of criminals, not petty thieves, THE WORST OF THE WORST, CHILD KILLERS!!!, even get the opportunity at a better life. So now there are two child killers living in Medium Security penitentiaries, with frequent day passes, medical, dental, schooling, and access to air!!! I NEED CANADIANS EVERYWHERE TO HELP WITH THIS FIGHT!!! Our children and lost loved ones deserve justice and security within our country. I am so ashamed to be Canadian right now. During our meeting with Anne Kelly, Commissioner of Corrections, she was blatantly asked by Petrina if there was information about Rafferty that we didn’t know about. Another dodged question. Corrections Service Canada NEEDS AN IMMEDIATE OVERHAUL if this is what they consider justice. Three, NOT ONE, but three appeal judges on October 24th, 2016 looked Michael Rafferty’s lawyer in the face as they ALL stated he was right where he belongs. SAME AS THE TRIAL JUDGE!! So Corrections Service Canada, a year and a half later, says ha, no you’re not. And lowers his security and transfers him. YET AGAIN WITHOUT MAKING CONTACT WITH ME regarding his transfer. Think about it??? That means, during the rallies and all this time that Canada has been fighting for real justice for Victoria and all our loved ones regarding the lowering of Security and transfer of Terri-Lynne, CSC has withheld this information about Michael Rafferty. I only received the information because I had requested it even though I was asked “There really hasn’t been much activity on Michael Rafferty’s file, would you still like me to send the information to you”.??? “Oh ya”, I said. Glad I did. Thank you for taking the time to read this and please share the snot out of this. If Commissioner Anne Kelly is willing to sit and slap me in the face over and over again with the tragedy having lost Victoria to two brutal killers the way we all did, who is she willing to screw over??? THIS IS COMPLETELY UNACCEPTABLE ON EVERY LEVEL!!!! CHILD KILLERS!!!!!! That was written by Rodney Stafford, the father of Tori Stafford. It shows there is a justice issue at stake here that all Canadians feel is very important, and in this case, a father has made his feelings very clear. Now, I would like to share my time with the member for Sarnia—Lambton. I am pleased to rise in the House to speak to Bill C-51. The purpose of this bill is to streamline the Criminal Code of Canada by removing certain provisions that are no longer relevant to contemporary society. Bill C-51 is a justice omnibus bill. It is one bill containing many changes on a variety of different matters. The Prime Minister and his Liberals call omnibus bills “undemocratic”, and the Prime Minister pledged that the Liberal government would undo the practice of introducing omnibus bills. Regardless, my Conservative colleagues and I are aligned with the need to strengthen the provisions of the sexual assault legislation. Former Conservative leader Rona Ambrose led the way for supporting victims of sexual assault by introducing a private members’ bill, Bill C-337. This bill would make it mandatory for judges to participate in sexual assault training and education to ensure that the judiciary is aware of the challenges that sexual assault victims face. Her bill is designed to hold the Canadian judiciary responsible for the ongoing training of judges and the application of law in sexual assault trials. As we all remember, this bill was passed by the House of Commons and we were hopeful that it would pass the Senate. It has not passed yet. We are pleased that the Liberals are planning to strengthen the sexual assault provisions in the Criminal Code surrounding consent and legal representation, and expanding the rape shield provisions. The Conservative Party stood up for the rights of victims of crime when the Canadian Victims Bill of Rights passed in 2015, and will continue to do so in the future. Bill C-51 would amend, among other things, section 273.1 to clarify that an unconscious person is incapable of consenting. This is a reflection of the Supreme Court of Canada’s decision in R. v. J.A. It proposes to amend section 273.2 to clarify the defence of mistaken belief if consent is not available and if the mistake is based on a mistake of law—for example, if the accused believed that the complainant’s failure to resist or protest meant the complainant consented. This bill would expand the rape shield provisions to include communications of a sexual nature or communications for a sexual purpose. These provisions prevent evidence of a complainant’s prior sexual history being used to support the inference that the complainant was more likely to have consented to the sexual activity at issue, or that a complainant is less worthy of belief. In addition, this bill would provide that a complainant would have a right to legal representation in rape shield cases. It would create a regime to determine whether an accused could introduce a complainant’s private records at trial, which would be in his or her possession. This would complement the existing regime governing an accused’s ability to obtain a complainant’s private records when those records would be in the hands of a third party. Another aspect of Bill C-51 that I strongly support is the removal of unconstitutional sections of the Criminal Code. Canadians should be able to expect that the Criminal Code accurately reflects the state of law, and, yes, Canadians who made that common-sense assumption could be wrong. I agree with a few other revisions, for example, clause 41’s removal of section 365 of the Criminal Code, which states, “Every one who fraudulently (a) pretends to exercise or to use any kind of witchcraft, sorcery, enchantment or conjuration”, and clause 4’s removal of section 71 pertaining to duelling in the streets, which states: Every one who (a) challenges or attempts by any means to provoke another person to fight a duel, (b) attempts to provoke a person to challenge another person to fight a duel, or (c) accepts a challenge to fight a duel There are a number of provisions to be removed. Obviously, it is long overdue that the sections dealing with duelling are removed. One other positive aspect of Bill C-51 is the fact the government has finally backed down from removing section 176 from the Criminal Code. One of the parts of the bill removes unconstitutional sections, as well as sections of the Criminal Code that, in the opinion of the government, are redundant or obsolete. There has been much discussion on section 176. What is most interesting is that minister brought this bill before Parliament on June 5, 2017. Ironically, on June 9, 2017, a criminal court case in Ottawa dealt with the bill. It would seem that there was not a great deal of research done by the government on what that particular section of the code really meant. It is fair to say that section 176 of the Criminal Code makes it a criminal offence to obstruct or threaten a religious official, or to disrupt a religious service or ceremony. Section 176 is not unconstitutional, it has never been challenged in court, and it is not obsolete. Actually a number of individuals have been successfully prosecuted under it. Also, it is not redundant, as it is the only section of the Criminal Code that expressly protects the rights and freedoms of Canadians to practise their religion without fear or intimidation. Religious prejudice knows no borders and has no respect of persons. That is why I am glad that the government listened to the thousands of Canadians who signed petitions, wrote letters and emails, and made phone calls to MPs and the government to keep section 176 in the Criminal Code. There was one other section of the code I did not agree with the government removing. That section has specific protection if someone attempts to attack the Queen. We all know this section is not used often. In fact, it has probably never been used. However, as state visits are rare, it should still remain in the code because it protects the person who represents the monarchy in Canada. It is still a very serious crime. Attempting to attack royalty, as Canada’s head of state, is not the same as getting into a bar fight. The section is important and it has significant aspects. I am pleased the government is no longer scrapping section 176. I am pleased with the clarification with respect to sexual assault. I am also pleased that a number of sections that are taking up space in the Criminal Code and no longer have any particular relevance are being removed.”