44th Parl. 1st Sess.
March 30, 2022 02:00PM
- Mar/30/22 4:32:36 p.m.
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- Re: Bill C-5
Mr. Speaker, MMPs are a part of the destructive Harper-era policies that have not deterred crime, have not kept us safer and have clogged up our courts. This party is the reason we are in this position. They were more concerned with locking up low-risk first-time offenders and targeting people of colour than truly keeping our communities safe.
Could the hon. minister please expand on CSOs and how they will help communities of colour?
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- Mar/30/22 5:22:43 p.m.
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- Re: Bill C-5
Mr. Speaker, inscribed at the top of one of the great law schools of this continent is the motto “Not under man, but under God and law”. I would read these words and feel a sense of pride that ours was a nation of laws, not men; a nation of citizens, not parties; of Canadians, not Liberals or Conservatives. For a nation as big and diverse as ours, our institutions, our norms and our rules bind us together, give shape and order to our common lives even when we disagree, and especially when we disagree.
However, every so often comes a time to make a change, a step in a better direction, a turn of the page, because in our very creed as Canadians, we are always striving to do better. The time has come to turn the page—
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- Mar/30/22 5:23:53 p.m.
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- Re: Bill C-5
Madam Speaker, the time has come to turn the page on many mandatory minimum penalties. This was a policy that in the end did not discourage crime. It certainly did not make our justice system any more fair. All it did was imprison far too many indigenous, Black and marginalized Canadians. The evidence is in the numbers of the prison population, and the numbers are stark. Indigenous individuals represent 5% of the general population but account for 30% of federally incarcerated inmates. This is double what it was 20 years ago. The number is profoundly higher for indigenous women, who represent 42% of those who are incarcerated, and these numbers are even more exaggerated in some provinces. Black inmates represent 7.2% of the federal offender population but only 3% of the general population. This is shameful.
The numbers are so high because of sentencing laws that focus on punishment through imprisonment. The centre of this is the mandatory minimum regime. The broad and indiscriminate use of MMPs, or mandatory minimum penalties, and restrictions on the use of conditional sentences have made our criminal justice system less fair and have disproportionately hurt certain communities. This rigid one-size-fits-all approach takes power away from judges to look at mitigating factors.
I want to be very clear: This is not a soft-on-crime approach and these are not hardened criminals we are speaking of. We are speaking of low-risk, first-time or non-violent offenders.
We are introducing legislation to amend the Criminal Code and the Controlled Drugs and Substances Act. Bill C-5 is an important step in the right direction, as the legislation would make reforms to sentencing. We are proposing to repeal MMPs of imprisonment for all drug offences and certain firearm offences. These MMPs in particular have been shown to have had a disparate effect on Black, indigenous, and marginalized communities.
This bill would increase the availability of conditional sentencing orders in cases where offenders do not pose a risk to public safety. CSOs allow offenders to serve sentences of less than two years in the community under strict conditions, such as house arrest and curfew, while still being able to benefit from employment, educational opportunities, family ties, community and health-related support systems. By repealing these MMPs, we will restore the judge's ability to impose an appropriate sentence, moving away from the one-size-fits-all approach.
Again, this is not a soft-on-crime approach. To be clear, we are keeping some mandatory minimum policies in place for murder, sexual offenses, impaired driving offenses and serious firearm offences, including those that involve organized crime. The powers of judges will not be limited. In fact, we will allow them to do the job they have been trained to do.
I was in law school, and that is where I was introduced to certain ideals or principles within a justice system, one being that the aim of justice is not just retribution. Mandatory minimums are just that—retribution. There are more useful aims, such as rehabilitation. We can make ourselves into better people even after we have wronged and especially after we have wronged. The justice system should be a part of that rehabilitation. Mandatory minimum penalties do not work in criminal law terms. They do not have a positive effect on recidivism. They tend to overpunish people who should be helped through other channels.
When it comes to deterrence, MMPs do not do any better. In sentencing for less serious crimes, imprisonment is often ineffective and unduly punitive. A longer sentence is not going to do anything more than a shorter sentence will, except destroy entire lives. In America, for example, the notion that harsh minimums could seriously dampen the drug trade has collapsed in the face of the manifest failure of the drug war.
With the way our current justice system is set up, we have criminalized poverty, mental illness and problematic addiction. It is so much harder to get that second chance with MMPs in place. Once a person is out of prison, their opportunities are limited and their circle oftentimes becomes the people that they met in prison. This has to stop.
Canada is not alone in recognizing that the increase in the indiscriminate use of MMPs is problematic. They have proven to be costly and ineffective in reducing crime. Indeed, other nations have move away from this regime because it encourages cycles of crime.
MMPs are a failed policy, and we are turning the ship around. What we propose is a necessary reset for our criminal law, which is necessary to address systemic racism in the criminal justice system. This policy change is necessary, but further work must also be done.
We are also developing an indigenous justice strategy in collaboration with indigenous peoples, and we are developing a Black Canadian justice strategy. We will continue to address the social determinants of crime. Every action that we take to improve access to housing, mental health care, addiction treatment and youth employment helps build a safer country. Criminal justice policy is not developed in a vacuum, and we must do more so that we are better informed.
In my life, I have come to understand certain principles and rules, and that we are not just our mistakes. We are not just the worst thing that we have ever done. I believe we are more than that. As a society, we should make no mistake that we will be judged for our reason and our intelligence and for our technology and tools. We will be judged by the towers we build. Ultimately, our society will be judged for not how we treat the powerful, the rich and the privileged, but for how we treat the poor and condemned.
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- Mar/30/22 5:31:45 p.m.
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- Re: Bill C-5
Madam Speaker, I disagree with the premise of my hon. colleague's question.
These policies have been shown through data to affect marginalized communities, and by repealing them, we are helping those communities and those individuals who were targeted to rejoin society. The way the policies are currently set up, they are focused on retribution, and we are trying to change that.
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Madam Speaker, I agree with the sentiment behind my colleague's question, but my speech was on mandatory minimum penalties, which is what we are here to talk about.
This is an important step in the right direction. I would like to see the data surrounding other MMPs to see if they are also having a desperate effect on communities to see if we could further repeal those.
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- Mar/30/22 5:34:30 p.m.
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- Re: Bill C-5
Madam Speaker, I humbly reject the premise of my hon. colleague's question. We would not be decriminalizing drugs with this bill. We are looking at mandatory minimum penalties.
I want to be clear that this is not a soft-on-crime approach. Those who commit serious offences would continue to receive serious sentences. Our bill is about getting rid of the failed policies that filled our prisons with low-risk, first-time offenders, who just needed help.
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- Mar/30/22 5:35:49 p.m.
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- Re: Bill C-5
Madam Speaker, again, these proposed measures represent an important step in further addressing systemic issues related to existing sentencing policies. We know rooting out systemic racism and discrimination cannot be accomplished with just one measure—
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