Prosecute all domestic killings as first-degree murder: Kamloops MP | iNFOnews | Thompson-Okanagan's News Source
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Prosecute all domestic killings as first-degree murder: Kamloops MP

MP Frank Caputo is proposing courts treat intimate partner killings as first-degree murder, regardless of whether they're planned.
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All domestic violence killings should be treated as first-degree murder and repeat offenders should be kept off the streets, according to Kamloops MP Frank Caputo.

In a proposed private member's bill, Caputo, a former Crown prosecutor, suggested the legislation would vastly improve how we deal those who kill or abuse domestic partners, both by increasing sentences and reducing their likelihood of being released on bail.

“Intimate partner violence is a unique evil. It turns the place where you should be the safest and most loved – your home – into a prison of repeated victimization,” Caputo, the Conservative public safety critic, said in a news release.

First brought to Parliament Sept. 18, Bill C-225 would treat killings of current and former partners as first-degree murder, while also prohibiting police from putting repeat offenders back in the community before their court dates.

It comes months after the high-profile Kelowna killing of Bailey McCourt and the arrest of her estranged husband and accused murderer James Plover.

Plover is now in custody and awaiting trial for second-degree murder, but he was convicted in a previous domestic assault and not in custody on the day he allegedly killed McCourt in a Kelowna parking lot while she was on her lunch break.

Though Caputo didn't mention McCourt's death in a Thursday news release, the July killing sparked widespread calls to strengthen judicial powers against convicted and accused domestic abusers.

“As a former parole officer and Crown prosecutor, I have seen first-hand how our laws on intimate partner violence are grossly inadequate to address the seriousness of this insidious crime," he said.

A judge could still release an accused domestic abuser on bail, but the proposed bill would block police from releasing anyone who has a previous related conviction within the past five years. Police may otherwise release them with a court date and conditions.

Women's advocates say courts don't treat intimate partner violence and abusers strongly enough.

Allison McLauchlan of the Kamloops Elizabeth Fry Society said abusers have for years been released on bail too often and it "doesn't make sense."

“Perpetrators are quite often not seen as a greater risk to society because their only target is one person. So they're quite often released,” she said, speaking to iNFOnews.ca this summer.

Caputo's bill is proposed to increase maximum sentences and create new domestic violence-specific criminal charges.

In the case of a domestic partner killing Caputo proposes they always be treated as first-degree murder, regardless of whether it was planned.

Though planning and intention is typically required to convict first-degree murder, there are several additional conditions where it's automatically applied, like the killing victims in a sexually assault, a hostage or the killing of a police officer.

“Parliament has already studied this matter; now it’s time to take legislative action. I hope to have all parties support this Bill and for its rapid passage. Countless Canadians' lives depend on it," Caputo said in a news release. “If you are experiencing violence from your intimate partner, I implore you to go to the police or, at the very least, tell someone you trust. You do not have to face this alone.”


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