44th Parl. 1st Sess.
December 15, 2021 02:00PM
- Dec/15/21 2:13:26 p.m.
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Mr. Speaker, the winter holidays are precious moments to we spend with family, faith and community. It is a season of giving, and residents in my riding of Mississauga—Erin Mills are some of the most generous people in all of Canada. They have been raising donations for food, toys and warm clothing for our neighbours who need a bit of extra help this time of year.
Before we break for the holiday, I would like to recognize Eden Food for Change, the Mississauga Food Bank, Driven by... Co, Women that Give, Boys and Girls Club of Peel, Erin Mills Youth Centre, Peel Children's Aid Foundation and more. I would also like to recognize the countless volunteers who have given their time and their efforts to supporting our community.
I wish a very merry Christmas, a happy holiday and a joyous new year to the residents of Mississauga—Erin Mills, my colleagues across the House, and Canadians from coast to coast.
To our Premier of Ontario, I say, “Sir, all I want for Christmas is child care for Ontarians”.
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- Dec/15/21 4:28:41 p.m.
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- Re: Bill C-5
Mr. Speaker, before I begin, I would like to take a moment to recognize the passing of bell hooks today. She was a trail-blazing Black feminist author who brought the intersectionality of race, gender and class into the public consciousness, and really helped shape the conversations that we continue to have today. My condolences go out to her family and to countless people across the world, especially the Black women she touched through her writing. May she rest in power.
The conversation on Bill C-5 is one that I have been having a lot throughout my life, since my university days when I was studying criminology and throughout law school when I was studying the justice system. In the past six years, as a member and the chair of the Standing Committee on Justice and Human Rights, the question and purpose behind what our justice system is meant to do and what our prison system is meant to do really help guide guide the moral framework of communities and societies.
Access to fair justice is a vital pillar of our due process. While we have made progress over the past six years, the fact remains that our justice system is not yet properly equipped to provide access to everyone. We see that in Black and indigenous communities and among people who struggle today to find a job, make a living and build a better life for themselves. It is because of their interaction with the justice system.
There are Canadians suffering from addiction and dying from overdoses or withdrawal because the law states that drug possession means jail time. This is not fair justice. Studies show us that mandatory minimums for lesser offences like this do not solve anything and often do more harm than good. They force first-time offenders into a cycle that prevents them from building a better life for themselves.
When people talk about the supposed success of these programs, they are bringing individual lives down to a statistic of those who are being imprisoned. They are too busy trying to appear tough on crime to stop and ask whether these policies are actually accomplishing anything productive and accomplishing what our justice system is meant to accomplish. The supposed success of the mandatory minimums they point to is the over-incarceration of people in Black and indigenous communities. As far as I am concerned, that makes them a failure.
It is time for a better approach. That is why I am pleased to participate—
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- Dec/15/21 4:32:11 p.m.
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- Re: Bill C-5
Madam Speaker, I am really pleased to participate today in the continuing debate on Bill C-5, an act to amend the Criminal Code and the Controlled Drugs and Substances Act.
A great deal of time has already been spent describing the objectives of the bill, its proposed reforms and the expected impacts of it. I support these changes and really believe they will make a significant, positive contribution to our criminal justice system and contribute to efforts to address the disproportionate impacts that existing criminal laws have had on certain communities in Canada.
We know certain communities in Canada and in other countries are involved in the justice system at higher rates than others. In Canada, the over-incarceration of indigenous persons and Black Canadians is very well documented. Many of these reasons are systemic, including our laws on sentencing. It is clear the issue of over-incarceration must be addressed by revisiting our existing sentencing laws. That is exactly what Bill C-5 proposes to do.
Canada is not alone in recognizing the increased and indiscriminate use of mandatory minimum penalties, or MMPs, has proven to be a costly and ineffective approach to reducing crime. Indeed, many jurisdictions around the world are moving away from this approach to the criminal justice system. While MMPs can be a forceful expression of government policy in the area of criminal law, we know they do not deter crime and can result in unjust and inequitable outcomes, which contradicts the purpose of our justice system. The Supreme Court of Canada has very been clear about these issues.
Criminal justice policy is not developed in a vacuum. Evidence-based policy is informed by relevant research, including comparative studies from other countries. By examining a particular policy's successes and failures, we can develop reforms that build on what we know works and addresses what we know does not work.
For instance, while the United States, both at the federal and the state levels, has historically made great use of MMPs, in the last decade many states have moved toward reducing or eliminating mandatory sentences, with a particular focus on non-violent and drug-related charges. These trends reveal a shift motivated by, among other things, a need to address high levels of incarceration and the corresponding social and fiscal costs. This is being done by governments of all political stripes in the United States, and I encourage all parties in the House to recognize the true impacts of MMPs and work to continue to improve our justice system.
Some in the U.S. have termed the removal of MMPs as being a “smart on crime” movement. This approach recognizes the need to address high levels of incarceration of young Black and Hispanic Americans who are disproportionately negatively impacted by the use of mandatory minimum sentencing laws in the U.S., particularly, as I have noted, for non-violent, drug-related offences.
Some have also pointed out that mandatory minimum sentencing actually encourages cycles of crime and violence by subjecting non-violent offenders, who could otherwise be productive members of society, to the revolving door of the prison system.
Recently, the President of the United States indicated his intention to repeal MMPs at the federal level and provide states with incentives to repeal their mandatory minimums as well.
Other countries have made similar changes. For example, in 2014, France repealed certain MMPs, predominantly citing evidence showing the reconviction rate had more than doubled between 2001 and 2011, increasing from 4.9% to 12.1%.
When we examine the trends in like-minded countries, we can see a clear policy shift toward limiting the use of mandatory minimum penalties to the most serious of cases and restoring judicial discretion at sentencing.
While international comparisons cannot be the only lens through which we develop sentencing policy in Canada, particularly given our unique cultural traditions and diversity, such comparisons provide a useful backdrop to which we assess the adequacy of our own sentencing laws.
Currently, the Criminal Code and the Controlled Drugs and Substances Act provide MMPs for 73 offences, including for firearms offences, sexual offences, impaired driving, kidnapping, human trafficking, sex trade offences, murder, high treason and drug-related offences such as trafficking, import/export and production of certain drugs such as cocaine and heroin. Thirty offences have been amended in the last 15 years, almost entirely by the Harper government, to increase existing MMPs or to impose new ones.
Bill C-5 would reverse that trend and in so doing it would make the criminal justice system fairer and more equitable for all. It would repeal MMPs for 20 offences, including MMPs for all drug-related offences as well as for some firearms ones.
These reforms should not be viewed as a signal from Parliament that drug and firearms offences are not serious or are not noteworthy of important denunciatory sentences in appropriate cases. They can be very serious, and I have full confidence in our courts to impose those appropriate penalties.
I realize that I am running out of time, but I have a lot more to add to this. It is a very interesting debate and I look forward to this discussion continuing.
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- Dec/15/21 4:40:07 p.m.
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- Re: Bill C-5
Madam Speaker, I have to remind the member that it is up to the judges, and the removal of mandatory minimums gives them the discretion to say that these are the circumstances in which a crime has occurred and that they will ensure the penalties are fitting to the crime. That discretion to the judge helps to build that pillar of equitable justice, which we are seeking through this bill.
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- Dec/15/21 4:44:20 p.m.
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- Re: Bill C-5
Madam Speaker, in the last Parliament, the member for Coquitlam—Port Coquitlam's private member's bill addressed the issue of decriminalizing those who were seeking those safe injection sites, and good on him for doing that. One bill is not an answer to addressing a systemic problem. There needs to be a lot more cognizant effort by our government and by all parties in the House to ensure we address this issue.
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