44th Parl. 1st Sess.
December 14, 2021 10:00AM
- Dec/14/21 1:10:50 p.m.
- Watch
- Re: Bill C-5
Madam Speaker, this being my first time rising to give a speech of this length, I wanted to pause to give some thanks. First of all, I thank my neighbours across Kitchener Centre for placing their trust in me to be our community's voice in this place, as well as the hundreds of people who joined to knock on doors and make phone calls. In particular, there was a core group: Jackie, Devon, Ros, Joanna, Janet, Zoe, Scott, Wayne, Noah, Greg, Brenden and Jenna. As well, I give a special thanks to Mats for all the work over the last three years leading up this point, and of course to Asha, who managed both campaigns. I would not be here without them.
I give a final thanks to my mom, my dad, my brothers Brad and Rob, and my sister Emily. They have been there alongside me every step of the way, including knocking on doors and making calls, all of which has led me to having the privilege to speak in moments like these, in this place, on our community's priorities.
This brings me to Bill C-5. I would like to start with what I appreciate about this proposed legislation, which is the stated goal of addressing systemic racism in Canada's criminal justice system. By targeting mandatory minimum penalties, I appreciate that the government is seeking to address the fact that in 2020, despite representing 5% of the Canadian adult population, indigenous adults accounted for 30% of federally incarcerated inmates; that the proportion of indigenous offenders admitted with an offence punishable by a mandatory minimum penalty has almost doubled between 2007-08 and 2016-17, from 14% to 26%; and, finally, that in 2018-19, Black inmates represented 7% of the federal offender population but only 3% of the Canadian population.
By removing the mandatory minimum penalties included in this bill, I appreciate the government’s intent to address these injustices. That being said, we need to be honest with ourselves. Mandatory minimum penalties do not deter crime, and all mandatory minimum penalties contribute to systemic racism. However, Bill C-5, as currently proposed, targets less than one in five of all mandatory minimum penalties in full. That is just 13 out of 73, less than one-third in full or in part, or 20 out of 73, and only 10 of the 28 that courts have already found unconstitutional.
In this way, it seems reasonable to assess this bill as one of half measures. I have been in this place for only just over three weeks, and I often hear the word “reconciliation” used. On this topic, I would like to read call to action 32 of the Truth and Reconciliation Commission, which states the following:
We call upon the federal government to amend the Criminal Code to allow trial judges, upon giving reasons, to depart from mandatory minimum sentences and restrictions on the use of conditional sentences.
I note, particularly for the members in this place who purport to support every single one of the calls to action, including, I assume, call to action 32, that this does not say one in five.
I would also like to read call to justice 5.14 of the National Inquiry into Missing and Murdered Indigenous Women and Girls, which states the following:
We call upon federal, provincial and territorial governments to thoroughly evaluate the impact of mandatory minimum sentences as it relates to the sentencing and over-incarceration of Indigenous women, girls, and 2SLGBTQQIA people and to take appropriate action to address their over-incarceration.
I have heard the members who are concerned about crime, including the most recent speaker in this House. To be clear: Removing mandatory minimum penalties is really about placing our trust where it should be, which is in the judiciary.
In place of mandatory minimum penalties, sentencing judges would still be required to impose a sentence that is proportionate to the degree of responsibility of the offender and the seriousness of the offence, taking into account all aggravating and mitigating factors. This includes the risk to public safety. It also includes the individual and all relevant circumstances of the case in front of them, including acknowledging and redressing the realities of colonialism and systemic racism in the lives of indigenous people, Black Canadians and other racialized groups.
A final point I would like to make is that this bill misses a significant opportunity, which is that even with mandatory minimum penalties removed, people across the country would still be going to jail for simple possession of illicit drugs and would continue to die from addiction and from a dangerous supply. We would continue to be applying an outdated understanding of drug use from the 1980s instead of applying the very clear public health advice from experts, including the Canadian Association of Chiefs of Police, which we have in front of us. That advice is to decriminalize illicit drugs, to offer a regulated safe supply, and to treat this like the mental health and addictions crisis that we know it to be.
So far this year, in my community alone, we have lost 120 community members to a poisoned drug supply. Since January 2016, across the country, over 25,000 lives have been lost, each one a preventable death. For this reason, I support the calls made by others in this House, encouraging the minister to move this bill to committee before second reading so its scope can be expanded to include decriminalization.
In closing, I would like to offer two considerations to the government. The first is to consider expanding the list of mandatory minimum penalties to be repealed by this bill to address the government's stated intent of addressing systemic racism. The second is to consider offering clear evidence that the small fraction of mandatory minimum penalties currently included to be repealed by Bill C-5 would in fact reduce the overrepresentation of Black and indigenous people in federal prisons.
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- Dec/14/21 1:18:37 p.m.
- Watch
- Re: Bill C-5
Madam Speaker, I congratulate the parliamentary secretary on his re-election.
We heard a significant amount from a previous member on CSOs. I would rather focus the commentary, whether it is now or in committee, on expanding the number of mandatory minimum penalties that should be repealed. Doing so would be the effective way. We have seen in the research that it is by repealing the mandatory minimum penalties that we have the best chance of reducing the overrepresentation of Black, indigenous and racialized inmates in incarceration.
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- Dec/14/21 1:20:12 p.m.
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- Re: Bill C-5
Madam Speaker, again, the point I was making is that for all mandatory minimum penalties, when they are repealed, sentencing judges would still be required to impose a sentence proportionate to the degree of responsibility, and I trust in the judiciary to follow through appropriately.
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- Dec/14/21 1:21:31 p.m.
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- Re: Bill C-5
Madam Speaker, that is why I am so glad to have members like the hon. member for Nunavut in this place, so that the voices of indigenous peoples are increasingly being heard directly in this place. I included citations of the Truth and Reconciliation Commission and the national inquiry, because this place is better served when the voices of indigenous people are heard directly and their calls are answered appropriately, as they should be.
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- Dec/14/21 5:41:40 p.m.
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Madam Speaker, I would like to thank my colleague from Joliette for his comments.
Knowing we have had incidents of climate-fuelled weather events across the country, and in Quebec as well, over recent years, my question specifically concerns climate adaptation. Noting that in this fiscal update there is only one mention of climate adaptation, and it is for a strategy to be developed by the end of next year, I am wondering if the member would comment on the need for the federal government to be doing more in climate adaptation.
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