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House Hansard - 32

44th Parl. 1st Sess.
February 16, 2022 02:00PM
  • Feb/16/22 6:44:05 p.m.
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  • Re: Bill C-5 
Madam Speaker, I want to start by acknowledging that I am speaking to members from the traditional lands of the Algonquin people. I am pleased to have an opportunity to speak to Bill C-5. I intend to focus on some areas where there appears to be some misunderstanding about the impact that repealing mandatory minimum penalties from the Criminal Code will have on our justice system and society more broadly. I want to direct the member to take part in the committee, as well as the process where amendments can be made. We would welcome and review all amendments put forward by members at committee. Let me make this clear from the outset. Repealing MMPs for certain offences does not signal that these offences are less serious. Instead, the government is aiming to restore judicial discretion to impose fit and appropriate sentences in more cases. These changes will also help address systemic racism and discrimination in the criminal justice system. Our approach is smart on crime and we will not take lessons from the previous Conservative government's failed approaches. In Canada, sentencing courts are always required to consider public safety when imposing a sentence and to ensure that the system reflects both the seriousness of the offence and the degree of responsibility of the offender. I have faith that sentencing courts will continue to impose fit and appropriate sentence. I would also note that the courts understand the seriousness of offences involving firearms. For example, the Supreme Court of Canada in R. v. Nur confirmed that serious penalties should be imposed for our firearm-related offences when circumstances warrant it. Here are the facts. The MMPs targeted by this bill have disproportionately affected indigenous peoples, Black Canadians and members of marginalized communities. In 1999-2000, indigenous peoples represented 2% of the Canadian adult population, but they accounted for 17% of admissions to federal custody. Since then, those numbers have risen significantly. As most recent available data suggests, they now account for 5% of the Canadian adult population, but 30% of federally incarcerated individuals. What is more is that Black Canadians are overrepresented in terms of federally incarcerated individuals, representing only 3% of the Canadian adult population but 7% of federally incarcerated individuals. They are also overrepresented in respective import-export offences subject to MMPs in the Controlled Drugs and Substances Act. It is hard to ignore the evidence that shows negative trends that span well over a decade and have only been getting stronger. Repealing the MMPs in Bill C-5 would not reduce public safety. In fact, these reforms would contribute to enhancing public safety because data shows imprisonment, particularly for lower-risk offenders, is associated with higher rates of reoffending. Bill C-5 offers an important way forward. It is evident from the calls for reform made by Canadian stakeholders, as well as organizations and commissions, such as the Truth and Reconciliation Commission of Canada, that they believe these reforms will move criminal justice in the right direction. Having said that, I look forward to the member's feedback during the committee stage of this bill.
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  • Feb/16/22 6:48:45 p.m.
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  • Re: Bill C-5 
Madam Speaker, I appreciate the opportunity to ensure that the idea behind Bill C-5 is put forward this evening. Bill C-5 advances an evidence-based approach to sentencing policies in Canada. It proposes to repeal MMPs for certain firearm offences and all those in the Controlled Drugs and Substances Act in order to address unjust outcomes for indigenous peoples, Black Canadians and marginalized Canadians by remedying their overrepresentation in custody, including for offences punishable by an MMP. MMPs have high economic and social costs, and they offer little or no return on our investment. They perpetuate unfair outcomes and offer a less effective criminal justice system. Bill C-5 is an important step that breaks away from rigid, one-size-fits-all sentencing policies that treat lower-risk and first-time offenders the same as hardened drug offenders. The reforms in this—
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