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House Hansard - 66

44th Parl. 1st Sess.
May 6, 2022 10:00AM
  • May/6/22 1:18:13 p.m.
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  • 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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  • May/6/22 1:21:46 p.m.
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  • Re: Bill C-5 
Madam Speaker, I believe the member across the way is forgetting the fact that the mandatory minimum penalties in this case are being repealed because they are being applied to non-violent offenders. When we are considering smaller offences that do not pose a large community safety risk, we are talking about youth who have made a mistake early on in life or someone who possesses a firearm but has not used it and has been convicted. These individuals deserve the chance to reintegrate back into society, and mandatory minimum penalties incarcerate them for much longer than is necessary. The gradual release process has been proven to be far more successful at keeping our society safe, and mandatory minimum penalties have been proven to have no deterrent effect on criminal behaviour.
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