44th Parl. 1st Sess.

March 30, 2022 02:00PM

Mar/30/22 5:23:53 p.m.
Watch
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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House Hansard - 49