44th Parl. 1st Sess.
May 6, 2022 10:00AM
- May/6/22 1:04:40 p.m.
- Watch
- Re: Bill C-5
Madam Speaker, it gives me great pleasure to speak to this bill, although I am very displeased with the fact that we are doing this today. This strikes me as a form of obstruction in the House when we were set to debate the budget implementation act, which is a seriously important piece of legislation. One could argue that it is probably one of the most important agenda items for the House to be debating and moving forward on. However, here we are with a Conservative motion on a Friday afternoon that derails our progress on that important debate.
I am very disappointed by that, but at the same time I feel very passionate about the fact that Bill C-5 should not be divided. It certainly hangs together in my view, and I come from a crime-fighting family. My father was a homicide detective for most of my life, and he became an inspector for the Peel Regional Police. I, myself, worked with federal offenders for quite a number of years to reintegrate them back into society. I know full well that mandatory minimum penalties, based on the research and evidence, do not actually have a deterrent effect on crime.
This bill, in fact, focuses on non-violent crime, mostly small offences, that having mandatory minimums applied to, as we know from the evidence, certainly increases the number of incarcerations for individuals who come from diverse backgrounds. This is clearly systemic racism, which has been embedded in our justice for quite some time.
I am very pleased to speak to Bill C-5, an act to amend the Criminal Code and the Controlled Drugs and Substances Act, which seeks to address the detrimental impacts that certain mandatory sentencing provisions have had on marginalized populations. Specifically, I will focus my remarks on the firearms-related amendments proposed in Bill C-5, which I believe will address the negative impacts that a number of mandatory minimum penalties of imprisonment have had on marginalized populations, while in no way diminishing the ability of the courts to impose penalties for firearms offences that reflect their seriousness and keep Canadians safe.
Indeed, in our platform, the government made a number of significant firearms commitments in order to make Canada safer from gun violence. One of those commitments includes increasing the penalties around firearms smuggling. The government has also committed to reintroduce legislation to enact red flag laws to allow for the immediate removal of firearms from a person if they pose a threat to themselves or another person, which is a significant measure that will help respond to gender-based violence. I am also pleased that the government will seek to work with the provinces and territories who implement handgun bans in their jurisdictions.
These changes build on important milestones, including the important May 1, 2020, changes to ban prohibited firearms, approximately 1,500 assault-style rifles. These are weapons that are designed to kill a maximum number of people in the shortest amount of time, and I think it is great that we are getting them off our streets and out of the hands of those who intend to use them.
While the opposition does not have a plan to tackle firearms violence at all, as was made clear during the campaign, we do. I have great confidence that the government will continue to move forward to address the harm posed by illegal gun activity in Canada.
In addition, the government has shown an ongoing commitment to addressing the overrepresentation of indigenous people, Black Canadians and marginalized populations in the criminal justice system and to enable courts to impose sentences appropriate to the circumstances of individual cases. Bill C-5 backs up that commitment and builds on financial investments to make our criminal justice system fairer for everyone.
Bill C-5 would repeal mandatory minimum penalties for 13 firearms offences, including possession of a loaded prohibited or restricted firearm, possession of a weapon obtained by the commission of an offence, possession of an unauthorized firearms and importing firearms knowing that it is not authorized, to name just a few.
Repealing some firearm mandatory minimum penalties would give sentencing courts discretion to impose a just and fit sentence, including a non-custodial sentence where appropriate, depending on the facts of each case.
Repealing these mandatory minimum penalties does not, however, mean that these offences do not address serious conduct. They do address serious conduct, and in those cases, I am confident the courts will impose the right sentence.
For example, we know that cross-border smuggling of firearms poses a serious threat to the safety and security of Canadians. The illicit firearms market in Canada is supplied primarily by smuggled firearms and firearms stolen from private residences or commercial venues. Smuggling and trafficking of firearms and other weapons are often closely tied to organized crime and are associated with various other types of criminal activities such as drug trafficking.
Former Toronto police chief Mark Saunders has publicly stated, “When it comes to the handguns, I believe, 82 per cent—give or take—of the ‘crime guns’ in the city are coming from the United States.” This conduct deserves strong condemnation.
At the same time, these reforms would mean that, for example, a martial arts enthusiast who brings a ninja star into Canada for a private collection without authority would be subject to a mandatory minimum penalty. I trust that a sentencing court would make the right decision on punishment in cases like this.
What is more, research shows that indigenous, Black and other racialized Canadians are more likely to become entangled in the criminal justice system as a result of pressure to join gangs and limited choices, for example, and this is often due to systemic racism and other socio-economic factors. Statistics also indicate that these groups are overrepresented in our correctional institutions, including for firearms offences punishable by a mandatory minimum penalty. For instance, between 2007-17, the Correctional Service of Canada data indicates that the proportion of indigenous offenders admitted for a firearm-related offence punishable by an MMP increased dramatically. In fact, it went from 17% in 2007 to 40% in 2017. At this time, the Harper government was adding mandatory minimum penalties, so even though they were found to be systemically racist, they continued to be added.
Black offenders also—
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- May/6/22 1:18:13 p.m.
- Watch
- Re: Bill C-5
Madam Speaker, it is great to speak a bit further to the reason that Bill C-5 should not be hived off into two, contrary to the Conservative motion that we are debating on a Friday afternoon, which is unfortunate given the fact that there is important government business to finish, business of the nation, to implement Canada's budget for 2022.
To get back to the matter at hand, I was just talking about how the Harper government was adding mandatory minimum penalties, and all the while, the evidence was clear that they were ineffective and racist in their application. In fact, Black offenders comprised a disproportionately high percentage of offenders admitted for non-violent firearms offences. Twenty-five per cent of offenders admitted for weapons trafficking and 42% of offenders admitted for firearms trafficking were indeed Black.
MMPs limit the ability of sentencing courts to fully take into account the myriad of social, economic, cultural, institutional and historical factors that create the conditions for criminality. These factors are disproportionately experienced by Black, indigenous and other racialized Canadians. It is my belief that our government is addressing those underlying conditions. While the Conservatives purport to be tough on crime, we are following the evidence and implementing solutions that make sense. In this case, that means repealing mandatory minimum penalties. It is important to remind ourselves that the Supreme Court of Canada, in R. v. Nur in 2015 and R. v. Lloyd in 2016, found that the use of MMPs for offences that “can be committed in various ways, under a broad array of circumstances and by a wide range of people are constitutionally vulnerable”.
In addition, the proposed reforms would encourage a greater use of conditional sentences, which are currently unavailable in cases where they would otherwise be appropriate. This more tailored approach that encourages rehabilitation allows offenders who do not pose a public safety risk to serve short terms of imprisonment in the community under strict conditions, including abstaining from the consumption of drugs and alcohol and not owning, possessing or carrying a weapon, including a firearm.
The community corrections movement has proven to be very successful in this country and deserves our support.
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