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Decentralized Democracy

House Hansard - 18

44th Parl. 1st Sess.
December 15, 2021 02:00PM
  • Dec/15/21 5:43:50 p.m.
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  • Re: Bill C-5 
Mr. Speaker, I am honoured to speak to Bill C-5, an act to amend the Criminal Code and the Controlled Drugs and Substances Act. I have numerous concerns about the legislation that directly affects my constituents. By proposing this legislation, the Liberals have illustrated just how out of touch they are with the long-lasting effects of criminal activities on Canadians. Their commitment to protecting the rights of criminals tramples on the legal rights afforded to victims of crime and does little to address systemic inequities, including the overrepresentation of indigenous peoples, Black and marginalized Canadians in the criminal justice system. Instead, Bill C-5 would reduce the accountability of violent offenders and encourage their release back into the community instead of facing legal consequences that are proportionate to the crimes they have committed. My Conservative colleagues have spoken at length about the impacts of the bill on firearm-related offences and weapons trafficking. Has the Liberal government forgotten how gun violence impacts people and communities across Canada? Violent crime involving firearms is a growing threat to public safety in our communities. Even with the devastating effects of the COVID-19 pandemic, my constituents still rank rural crime and gun violence as one of their main concerns. These crimes continue to rise, and almost half of Canadians feel that gun violence is a threat to their community. Bill C-5 would do nothing to stand up for Canadians. It instead chooses to weaken our laws and empower criminals. It would give more liberties to criminals who have guns than law-abiding Canadians who own guns. When we look at the text of Bill C-5, we see that it actually would help those who prey on the vulnerable. It would reduce sentencing for drug trafficking, for gun crime and for importing drugs. I believe the average Canadian can clearly distinguish the difference between drug trafficking and someone who is suffering from addiction issues being caught with a small amount of drugs. This bill would not help the latter. It instead would roll back the offences for the producers and manufacturers of schedule 1 drugs. It uses vulnerable Canadians to cover the true intent of this bill, which is to soften accountability for criminals. On Monday, my Conservative colleague was attacked for not mentioning systemic racism in his remarks, as if to imply that Bill C-5 has anything to do with correcting racial injustices in our legal system. It is important to point out that in the six years that the Liberals have been in power, the proportion of federal prisoners who are indigenous rose from 24% to 30%. I am also compelled to bring attention to the fact that the group of Canadians who are disproportionately affected as victims include women and girls, visible minorities, LGBTQ people, children and youth, lower-income families, those living in poverty, and people in northern and remote communities. Bill C-5 does not mention the victims of crime. Instead the government wants us to believe that racial inequality exists only when we discuss offenders. Bill C-5 would decrease criminal accountability and ignores issues such as addiction, poverty and mental health issues. It ignores that the communities that experience higher levels of crime are most adversely affected themselves. I would like to talk about the expansion of conditional sentences for crimes such as sexual assault. It is a complete affront to combatting violence against women by a government that hides behind the optics of feminism. Sexual assault victims already face a litany of traumas in our justice system, as they must contend with disclosing information that is intensely personal and private, which could result in victim blaming and often shame. The bill would add even more obstacles to those trying to heal from sexual assault by allowing sexual offenders to serve their sentence at home. People on house arrest are generally not limited to constantly staying at home, as they can be permitted to leave for certain pre-approved locations and activities. Their movement and freedom may be controlled and monitored, however, unlike being incarcerated, house arrest allows them the ability to continue participating in society and at home. I want to focus for a moment on the selected phrase “continue participating in society”, because I am unable to understand why sexual predators should be allowed this privilege, when the victims of their crime are not afforded the same respect. There is no shortage of information about sexual assault survivors and the challenges our legal system faces in prosecuting it, not to mention the traumatization and re-traumatization of survivors throughout the process. Law reform and policy changes have brought about some necessary improvements to the way the criminal justice system processes sexual assault cases, but Bill C-5 is not one of those. It would violate a victim's right to protection, diminish the strength of our court system and may even be responsible for impeding a survivor's reintegration and participation in society. The Liberals say that they are helping addicts and communities, but they actually would be reducing sentences and eliminating accountability for traffickers and manufacturers, while continuing to punish law-abiding firearm owners. My rural constituents continue to be the target of restrictive gun laws, while the government supports weakening the consequences for weapons trafficking. The Conservatives believe we must take strong action to prevent criminal activity. We stand for victims of crime and we fight to defend their rights. Shorter sentences and house arrest are not a deterrent for sexual assault or firearms offences. The Liberals have promised that conditional sentences, such as house arrest, would never be considered over public safety. If so, why would they offer this sentencing option for sexual assault charges? I am unsettled at the thought that they believe there is a need for legislation that would allow sexual predators to serve their sentences within their community. Conditional sentencing, as presented in Bill C-5, would not advocate for restorative justice; it instead would give offenders the opportunity to not only escape consequences for their actions, but would cross the line into revictimizing survivors of sexual assault, kidnapping and human trafficking. How can we expect to feel safe and protected when the government is advocating for offenders who are kidnapping 13-year-old children to serve their sentences in our neighbourhood? How is this any regard for public safety? The government needs to work with its provincial counterparts to combat the increase in rural crime, not pass sweeping legislation that would lessen the penalties for the criminals. There is nothing in Bill C-5 that explains how eliminating mandatory minimum sentences would undo the systemic racism the government claims plagues our justice system. It would blatantly miss its mark. It would endanger public safety, while doing nothing to help vulnerable Canadians in our criminal justice system struggling with addiction and mental illness. Bill C-5 ignores the fact that, on its face, minimum mandatory sentencing is unbiased. There is ample administrative law jurisprudence that defines that where the statute gives discretion to decision-makers and they come to an unfair decisions, the problem is the “maladministration” of the statute rather than the statute itself. If the LIberal government believes that mandatory minimum sentences perpetuate systemic racism because of the prevalence of racist policing and improper use of prosecutorial discretion, then why are they not introducing solutions to this problem? It is disingenuous to say that this bill is being put forward to address the over-incarceration rate of marginalized Canadians. It is also false that Bill C-5 considers public safety over the rights of criminals. Punishing criminals and holding them accountable is only part of the Conservative Party's response to crime. We must also ensure that crime victims and survivors are treated with respect.
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  • Dec/15/21 5:53:50 p.m.
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  • Re: Bill C-5 
Mr. Speaker, according to the department's own commentary: To address the overincarceration rate of Indigenous peoples, as well as Black and marginalized Canadians, MMPs for the following offences would be repealed: Using a firearm or imitation firearm in commission of offence.... Possession of firearm or weapon knowing its possession is unauthorized.... Possession of prohibited or restricted firearm with ammunition.... Possession of weapon obtained by commission of offence.... Weapons trafficking.... Possession for purpose of weapons trafficking.... Importing or exporting knowing it is unauthorized.... Discharging firearm with intent.... Discharging firearm—recklessness.... Those are some of the offences being watered down. Going back to the Truth and Reconciliation Commission, I was fortunate enough to have spent time on aboriginal affairs and northern development when that was taking place. We had a lot of opportunity to speak with people and not everyone believes all of those recommendations are best for their communities. I think that is important for us to understand because in many cases they are the true victims of these types of crimes.
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  • Dec/15/21 5:56:38 p.m.
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  • Re: Bill C-5 
Mr. Speaker, I believe there is a difference in the realities of urban and rural communities, such as the one I represent, when we look at firearms, the related activities and so on. If we wanted to talk about firearm legislation, then we should talk about that, not throw in the long gun registry, firearms for hunters and so on. If we can get past that, instead of every time we talk about gun legislation they get thrown into the mix, maybe more people in this country would be listening and trying to find solutions to this problem.
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  • Dec/15/21 5:58:20 p.m.
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  • Re: Bill C-5 
Mr. Speaker, I have a federal institution in my riding and have a lot of opportunity to speak with people, so I understand the circumstances of those who are incarcerated. I want to mention I was a teacher for 34 years. I know the biggest victims of youth crime are youth. It is the same sort of situation that occurs in some of these communities we are speaking of. I think what is important is for us to find solutions so that if it occurs in an indigenous community, the people of that community are also safe.
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