44th Parl. 1st Sess.
December 15, 2021 02:00PM
- Dec/15/21 5:30:09 p.m.
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- Re: Bill C-5
Madam Speaker, we are here on the eve of the holiday season to discuss, at second reading, Bill C-5, an act to amend the Criminal Code and the Controlled Drugs and Substances Act, which was sponsored by the member for LaSalle—Émard—Verdun, our justice minister.
Bill C-5 takes action on two legislative fronts. First, it seeks to scrap around 20 mandatory minimum penalties, or MMPs, that apply to firearm and drug offences. Second, it introduces the principle of diversion for simple drug possession.
I will focus more on the MMPs, and my esteemed colleague from Rimouski-Neigette—Témiscouata—Les Basques will address the diversion aspect later and in greater detail.
I am particularly interested in this bill because I have a background in criminology as well. My first university degree was in criminology in the mid-80s, which more or less gives away my age. I therefore rise today in this House to speak to this bill partly from the perspective of a humble criminology graduate from the Université de Montréal.
Incidentally, what do criminologists do? They analyze crimes, penalties and risk thresholds, being as objective as possible in their analysis. Prevention, rehabilitation, support, assistance and, obviously, intervention are all in a criminologist's wheelhouse.
I believe in rehabilitation, unlike some Conservative colleagues. I believe that we can reduce crime and so does the Bloc Québécois. That is why we will support Bill C‑5.
Black Canadians represent 3% of the total population, but 7% of the prison population. Indigenous people represent 5% of Canada's total population but 30% of the prison population. That number jumps to 45% for indigenous women, who represent around 2.5% of the total population, if I am not mistaken. That is appalling. It is like a bad social novel, and it is shocking and unacceptable.
Fortunately, repealing some mandatory minimum penalties can do a lot to correct this unacceptable imbalance without, in my view, compromising the safety of Quebecers and Canadians in any way.
Mandatory minimum penalties carry few benefits and introduce a number of problems, such as the overrepresentation of indigenous and Black communities in prisons. They also cost the system a lot of extra money, and yet they do not have the slightest impact or deterrent effect on crime. The Bloc Québécois therefore supports the principle of repealing some of these MMPs, once again. We agree on the substance of the bill.
However, I would like to express some reservations about the timing of the announcement of this bill to repeal mandatory minimum penalties, especially in relation to firearms. Is it not a bit inappropriate for the government to introduce this bill when we are seeing one tragedy after another in Montreal?
We must remember that the weapons used to kill our young people in the streets of Montreal and other cities come from somewhere. They are mostly weapons that enter the country illegally through our porous borders. Scrapping MMPs without firm measures from the federal government to counter the illegal importation of firearms sends the wrong message to the public.
To be clear, we are in favour of eliminating mandatory minimum sentences for a first offence, but not for a second or third offence. Generally speaking, I am a big believer in second chances, but when people reoffend, that calls for a different approach. It is called accountability. Maintaining mandatory minimum sentences in such cases is important to Quebeckers. We do not want people to lose faith in our justice system.
We think it makes sense to abolish mandatory minimum sentences for firearms possession, but we have concerns about doing so for discharging a firearm with intent and robbery and extortion with a firearm. We do not support eliminating mandatory minimums in situations like that.
To sum up, there are benefits to eliminating some mandatory minimum sentences. Obviously, it would reduce the financial and administrative burden on the prison system. It would promote alternatives that support reintegration of offenders from Black and indigenous communities, who, as we know, are overrepresented in the prison system. Last but not least, these sentences do not tend to work. There is no empirical evidence to show that they influence a person's decision as to whether or not to commit a crime with a firearm.
When it comes to drugs, we saw the abject failure of the so-called “war on drugs” in the United States during the Nixon era. It was a failure. They filled the prisons, but accomplished nothing. Harsh sentences have not made so much as a dent in the brisk drug trafficking business, but they have added an enormous financial burden to our system and have had a tragic impact on the lives of many low-level offenders. Former Prime Minister Harper probably admired this tough-on-crime approach, the same way many Conservatives here do. However, the Bloc Québécois is against it. We believe in rehabilitation, prevention, and alternative, adapted sentences. Fines, therapy and community work are examples of other options that would adequately replace MMPs in many cases.
Before I wrap up, I just want to mention again that my esteemed colleague from Rimouski-Neigette—Témiscouata—Les Basques will elaborate further by focusing more on the issue of diversion programs.
For all these reasons, the Bloc will obviously support Bill C‑5. I also want skeptics to know that this support does not mean that we are minimizing gun crimes. Quebeckers are more aware than anyone of the threat that guns currently pose to social peace.
For months, the Prime Minister and his Minister of Public Safety have sat on their hands instead of tightening the border. They have to get going and act on the Bloc's recommendations. Until then, Bill C‑5 is a step in the right direction, and we will support it.
Mr. Speaker, I wish you happy holidays.
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- Dec/15/21 5:39:59 p.m.
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- Re: Bill C-5
Mr. Speaker, fundamentally, I believe in our justice system. It does need some adjustments, and major adjustments are being made in Quebec regarding crimes of a sexual nature. I believe in the system. I believe in the power of judges, and I believe in their ability to use their discretion. Let us not forget that we are in a democracy, in a system that has proven itself. We are an excellent example in that regard.
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- Dec/15/21 5:41:31 p.m.
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- Re: Bill C-5
Mr. Speaker, Quebec's system places enormous value on diversion in sentencing, with the support of many community organizations. It works.
In contrast, there is the United States, to which I referred earlier. The U.S. has the highest incarceration rate in the world, but at the same time, they also have some of the highest crime rates in the world in many categories. Again, this proves that incarceration does not work.
Drug use is obviously the first area where we can easily intervene. We in Quebec are not the only ones that have some expertise. It is in our network. We have ways to meet the needs of these individuals besides sending them to prison.
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- Dec/15/21 5:43:21 p.m.
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- Re: Bill C-5
Mr. Speaker, all I can do is point out yet again that Quebec is calling for health transfers to be increased. This funding does not only go to hospitals. It allows the organizations that Quebec subsidizes, and could subsidize even more, to provide health care and rehabilitation services.
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