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House Hansard - 85

44th Parl. 1st Sess.
June 9, 2022 10:00AM
  • Jun/9/22 7:25:55 p.m.
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  • Re: Bill C-5 
Mr. Speaker, I really appreciate that the hon. member added the lens around women, in particular. As a member who has appeared at the indigenous and northern affairs committee on behalf of his colleagues, are you familiar with the Gladue principles and the intention behind the Gladue principles as a way for judges to consider the unique circumstances or experiences of indigenous peoples, to consider systemic and background factors of the offender and the types of sentencing, procedures and sanctions that may be appropriate in the circumstances? I am wondering if the member could comment on the Gladue principles, in particular, and whether or not he sees the merit in such an approach.
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  • Jun/9/22 7:26:36 p.m.
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I would remind the member to direct her comments through the chair. Members cannot speak directly to another member and use the word “you”. The hon. member for Peace River—Westlock.
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  • Jun/9/22 7:26:47 p.m.
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  • Re: Bill C-5 
Mr. Speaker, I am sure that you are well aware of the Gladue principles, as am I. The Gladue principles often come with a Gladue report. That is something that is done and offered back to the judge, saying what a situation is for a first nation, Métis or Inuit person in Canada who can ask for a Gladue report to be done and submitted to the judge. These kinds of things should always be taken into account in sentencing. What I would also like to see is that we maintain mandatory minimums, that if people do the crime, they do the time. We want to ensure that no matter who people are in this country, no matter what their backgrounds are, for similar crimes, there are similar punishments. The deterrence factor of these punishments is an important aspect of our criminal justice system. That said, I do believe in redemption. I do believe that people can change, and I hope that our justice system will work to ensure that we do have rehabilitation and reintegration. I would note that the member for Tobique—Mactaquac put forward a great bill to reduce recidivism. I very much supported that bill. I hope it will have the impact on our justice system that we are all hoping it will.
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  • Jun/9/22 7:28:18 p.m.
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  • Re: Bill C-5 
Mr. Speaker, Bill C-5 deals with the issue of minimum sentences and diversion. Beyond the question of whether or not minimum sentences should be abolished, what impact will their abolition have on the communities in my colleague's riding or province? We are seeing a rise in gun violence, and the government is proposing to eliminate minimum sentences for a number of firearm offences. I would therefore like to hear my colleague's views on this. Once again, I am not talking about whether these minimum sentences should be eliminated; rather, I would like to know what impact eliminating them would have and what people in his riding think about this.
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  • Jun/9/22 7:29:08 p.m.
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  • Re: Bill C-5 
Mr. Speaker, I want to thank the hon. member for his work at the justice committee. He has been thoughtful and logical in pursuit of his work there and I appreciate that. In northern Alberta, crime is generally on the rise. In particular, rural crime around theft is a big issue, and firearms are often involved. Folks who are travelling around stealing things in northern Alberta often are armed. That continues to be a major challenge. One thing we see is that the RCMP is unable or does not have the resources to combat this. Also, there are the great distances that have to be travelled across northern Alberta. The criminals seem to operate with impunity in broad daylight. Bail and mandatory minimum sentencing are things that people often come to me to talk about. They say it is just a revolving door, that these guys go in and come out right away. In some cases, they are arrested and are back out on bail the same evening, only to be arrested again within hours. This is a major challenge in northern Alberta. Folks are losing confidence in our justice system and our police force being able to put these people behind bars.
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  • Jun/9/22 7:30:45 p.m.
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  • Re: Bill C-5 
Madam Speaker, Bill C-5 is legislation that seeks to reduce sentences for violent criminals. It is the same bill, unfortunately, that was introduced as Bill C-22 in the last Parliament before the Prime Minister called his completely unnecessary $630-million pandemic election. For the second consecutive election, the Liberal Party received fewer votes than the Conservative Party. The voters did not give the Prime Minister a mandate to experiment with the criminal justice system or any other ideological experiment on how Canadians govern themselves. The evidence on how opportunistic the election was is the length of time it took for the government to recall Parliament to avoid democratic scrutiny of its failed policies. Parliamentary committees were only formed just before we were shut down for the Christmas season. So much for the sense of urgency in calling an election. During the election, the Prime Minister and his party used vulnerable and marginalized Canadians, the same Canadians who they say suffer from systemic racism from a justice system they have been running for the last six and a half years, as a cover for the real objective of the bill, which is to pursue a Liberal ideological agenda of going soft on criminals. Canadians heard endless political rhetoric from the Liberals about how firearms pose a significant threat to public safety and the security of our communities. As has been the Liberal practice in all eight elections I successfully ran in, the Prime Minister, on cue, attacked the one group that is statistically proven to be the most law-abiding, that being Canadians who own and responsibly use firearms. Within three and a half weeks of the House reconvening following the election, what did the Liberal Party do? It introduced legislation not to get tough on firearms offences, but to help criminals who illegally use firearms and put the lives of people at risk. Bill C-5 will allow criminals to stay out of jail and in the community. It is only common sense, when the court system puts dangerous offenders back out on the street rather than putting them behind bars where they belong, that there is going to be a greater risk they are going to commit other offences. It is known that there is a high proportion of repeat offenders in Canada's criminal justice system and Bill C-5 will contribute to the perpetuating of the backlog in the courts. There has been silence from the justice minister that Bill C-5 will lead to our justice system being overwhelmed by repeat offenders, basically exacerbating the situation in our trial system, which is already heavily backlogged with cases. This backlog led to the infamous Jordan decision. Canadians would be interested in hearing how Bill C-5 will increase the safety and security of individuals as applied to the Jordan decision. The Prime Minister and his Liberal-socialist alliance want Canadians to believe that Bill C-5 is only about reducing minimum sentences for simple drug possession, but that is not so. Most Canadians would be alarmed to learn that this legislation is aimed at eliminating mandatory prison time for criminals who prey on our communities and victimize the vulnerable. Bill C-5 puts the rights of criminals first and the rights of victims last. It endangers public safety, while doing nothing to help marginalized vulnerable Canadians. Bill C-5 proposes to eliminate mandatory prison time not for petty crimes, but for crimes like drug trafficking and acts of violence. It would even allow violent criminals to serve their sentences on house arrest and not in prison, putting communities at continued risk. Let us now look at the elimination of mandatory prison time for firearm offences. In contrast to the Liberal election spin that demonizes lawful firearms owners to placate the anti-firearms lobby on it being so-called tough on gun violence, there is the complete hypocrisy of Bill C-5. It will eliminate mandatory minimum sentences related to gun crimes, including serious gun crimes, such as robbery with a firearm, extortion with a firearm, using a firearm in the commission of an offence, discharging a firearm with intent, which is Criminal Code language for shooting at someone, illegal possession of a prohibited or restricted firearm, importing an unauthorized firearm, discharging a firearm recklessly, and other firearms offences, such as weapons trafficking, importing or exporting knowing the firearm is unauthorized, possession of a prohibited or restricted firearm with ammunition, possession of a weapon obtained by the commission of an offence in Canada and possession for the purpose of weapons trafficking. What Bill C-5 does, which is baked into every piece of legislation brought forward by the Liberal Party, is blame the victim. Conservatives believe that criminals should be held responsible for their actions. Victims should have just as many rights in our criminal justice system as criminals do. Canadians know from the famous Kokanee grope incident comment about women perceiving things differently that the fake-feminist Prime Minister likes to blame the victim. Violence against women continues to be fact of life in Canada. On average, one woman is killed by her intimate partner every five days. On September 22, 2015, Carol Culleton, Nathalie Warmerdam and Anastasia Kuzyk were murdered by someone known to each of them. The man finally convicted of their murders had a long criminal history, including charges involving two of the three women. Happening in my eastern Ontario riding during the middle of the 2015 federal election campaign, their violent death scarcely caused a ripple in the too cynical national media, leaving the families and the rural Ontario communities these women were members of to grieve in silence. I can assure the Prime Minister that I have not forgotten what happened to these women. The system failed these women. Talk is cheap when I hear members of the government saying to scrap the progress our Conservative governments made in reforming the criminal justice system, but I invite the Minister of Justice to spend some time listening to the families of these murdered women. Changing our laws to blame the victims by giving the criminal a pat on the head is just plain wrong. Let us not allow Carol, Nathalie, Anastasia and all the other women who have been murdered by their intimate partners to have died in vain. During this debate, Canadians have heard the Liberal Party confirm in their statements, while omitting the fact that they have been the government for the last six and a half years, that they have presided over a justice system plagued by systemic racism. The Criminal Code is supposed to apply equally to everyone in Canada, and if the government were actually serious about ending systemic racism, it would be tabling a plan to build the communities instead of resorting to blame-the-victim legislation. An Ottawa publication has stated that Sam Goldstein, a criminal lawyer and former Crown attorney, has said that mandatory minimum sentences act as general deterrents to crime and has argued that if there are problems with marginalized communities, like social dislocation and poverty, fixing those makes more sense than adjusting criminal law. He said, "I don't like it when politicians try to interfere in criminal justice for their own social justice ends, because ultimately it doesn't serve people well." He expanded further, noting that moves toward support for therapeutic drug courts makes more sense than decriminalization. Mandatory minimum sentences simply protect society at every level. They deter crime. They make society safer. They do not violate the Constitution. Remember, the Criminal Code is supposed to apply equally to everyone in Canada. Mandatory minimum sentences do not discriminate against those who are marginalized, and if they do intrude on judicial independence, it is to restrain activist judges who forget that their role is to uphold the law, not to rewrite it in every case. Do not tinker with amendments to the law that will make people feel less safe in their own homes. The public has a right to feel safe, and that is no longer possible for Carol, Nathalie and Anastasia, whom our criminal justice system failed. In closing, Bill C-5 puts the rights of criminals first and the rights of victims last. It endangers public safety while doing nothing to help marginalized and vulnerable Canadians. This bill needs to be defeated.
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  • Jun/9/22 7:40:37 p.m.
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  • Re: Bill C-5 
Madam Speaker, a large portion of the member's speech talked about murder and intimate partner violence leading to murder. I am wondering if the member realizes that this piece of legislation does not apply to murder. I think the House deserves an apology, because it is an extremely misleading speech that the member has given in relation to this piece of legislation.
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  • Jun/9/22 7:41:20 p.m.
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  • Re: Bill C-5 
Madam Speaker, here we go with the Prime Minister's chorus of misinformation and disinformation. What this bill would do is get rid of mandatory minimum sentences for assault, and each one of the victims I mentioned, for whom the inquiry is ongoing right now, had suffered assault by this man previously. He was let out of jail. If he had been kept in prison, these women might be alive today.
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  • Jun/9/22 7:41:52 p.m.
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  • Re: Bill C-5 
Madam Speaker, my understanding of the member for Renfrew—Nipissing—Pembroke, from hearing her speeches in this place before, is that she generally seems to prefer less government interference. Removing mandatory minimum penalties gives more judicial discretion to remove government interference from the sentencing, so I wonder if the member could help me understand this disconnect in this particular speech she just gave.
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  • Jun/9/22 7:42:31 p.m.
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  • Re: Bill C-5 
Madam Speaker, the mandatory minimum sentences are guidance. They are to prevent repeat offences from happening and to keep people in prison to protect victims and future victims. Mandatory minimums do not take a right away from any judge; they provide guidance, and the judges are supposed to listen to what Parliament decides—not change what the will of the people is, as expressed through through their representation, but interpret what it is we give them and provide for the safety of future victims.
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  • Jun/9/22 7:43:15 p.m.
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  • Re: Bill C-5 
Madam Speaker, my colleague's speech really resonated with me, particularly because she spoke at length about femicide and crimes related to domestic violence, an issue that is currently being studied by the Standing Committee on the Status of Women. Generally speaking, the Bloc Québécois has expressed some reservations and concerns about abolishing certain mandatory minimum sentences, particularly those related to firearms. We agree that perhaps we should continue to work together on this bill to improve it, particularly in that regard, in order to prevent certain crimes. Could my colleague comment on that?
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  • Jun/9/22 7:44:00 p.m.
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  • Re: Bill C-5 
Madam Speaker, that was the peculiar thing about Bill C-5. The government says it is very concerned about crimes involving firearms. What it would do is take away the requirement for people who commit crimes using a firearm to go into jail. Instead, they would be let out to commit the same crimes again and hurt more people.
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  • Jun/9/22 7:44:34 p.m.
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  • Re: Bill C-5 
Madam Speaker, my friend from Renfrew—Nipissing—Pembroke clearly outlined that what we have here is lazy Liberal legislation that again revictimizes people who have had to deal with criminal activity. It would allow more criminals to get out on the street more quickly. It would penalize legal firearms owners while giving illegal gun smugglers and people who use guns in illegal ways a “get out of jail free” card. I want to compliment the member on her great work and ask her why the Liberals are actually reducing and removing mandatory minimum sentences that were brought in by the former prime minister, Pierre Elliott Trudeau.
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  • Jun/9/22 7:45:22 p.m.
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  • Re: Bill C-5 
Madam Speaker, quite apart from the history, with respect to the mandatory minimum sentences, the individual about whom I spoke, who killed the three women whom we are reliving the grief with right now through the community, had there been the mandatory minimum sentences in place, would have been kept in place because of his assaults and other choking crimes against these women. Instead, he was allowed to go free—
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  • Jun/9/22 7:46:03 p.m.
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Resuming debate. The hon. member for Langley—Aldergrove.
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  • Jun/9/22 7:46:08 p.m.
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  • Re: Bill C-5 
Madam Speaker, I am pleased to rise today in the House of Commons to join the debate on Bill C-5, which is a seriously flawed bill, in my opinion. It presents itself as wanting to keep Canadians safe against gun crime and illicit drugs, but if the bill is passed by Parliament, it will eliminate mandatory minimum penalties for many of the serious crimes listed under the Controlled Drugs and Substances Act and many of the serious firearms-related crimes listed under the Criminal Code as well. This hits very close to home, as it does, I am sure, for many Canadians. Last year we witnessed a series of gangland-style murders in Metro Vancouver, including two in my home riding of Langley—Aldergrove. It was shocking to see familiar places in Langley on the news and in the newspaper. One of the murders happened in front of the sportsplex where I drop my grandsons off to play hockey, right in broad daylight. There was another one in the parking lot of the Willowbrook mall in downtown Langley, and there were a series of other gangland-style murders throughout the Lower Mainland, including at the Vancouver International Airport, do none of this is theoretical; it hits all of us, and it is a real problem that real Canadians across this country feel personally. We want to feel safe when we are out and about in town, on our streets, in shopping malls and schools and hockey rinks, but, sadly, that is not always the case. It is our job as parliamentarians to do whatever we can to develop laws, regulations and policies that are designed to be and will be effective in keeping Canadians safe. However, the soft-on-crime bill before us that would eliminate mandatory minimum penalties for many of these serious crimes does not do that. I believe that the Liberals are introducing the bill in the faint hope that our prisons might become fairer and safer for criminals, and I believe it fails there as well. The public safety committee, on which I sit, recently completed a study on gun control, illicit arms trafficking and the increasing numbers of gun crimes committed by members of street gangs. It is a very important study, and we learned that there is a very close tie between the drug trade and gun violence. In that study, we were seeking to find and introduce tools and policies to give guidance to Parliament to combat both of them, but again Bill C-5 misses the mark. We heard from experts, and in the process we learned that guns and drug trafficking are inherently related to each other. This is what Mitch Bourbonniere, an outreach worker active in the city of Winnipeg, had to say about the tie-in between gang violence, guns and drug trafficking: “Anyone in Winnipeg can purchase a firearm illegally, much the same way as you would be purchasing illegal drugs. My understanding is that guns are manufactured mostly in the United States and smuggled through our two provincial borders and the American border.” Evan Bray, chief of police with the Canadian Association of Chiefs of Police, said that “we can't overstate the importance of seeing the correlation between drugs and drug-related activity and firearms. They are intertwined.” Mike Rowe, staff sergeant at the Vancouver Police Department, said that “Yes, certainly, sir, there's a correlation there that I don't think can be disputed, especially as the manufacturing or sale of fentanyl produces an extremely lucrative drug market.” Grand Chief Abram Benedict of the Mohawk Council of Akwesasne said that “It is no secret to anyone that our community is exploited by organized crime, but what we do know is that many individuals involved in cross-border trafficking do it because of the money.” We discovered at the public safety committee that to tackle gun crime, we need to tackle illicit drug trafficking, as they are so closely tied together. Another fact of life that shocks Canadians is the number of deaths from toxic drugs that are readily available on our streets. I am going to focus on my home province of British Columbia, where last year and so far this year, five people die every day of illicit drug toxicity. This is completely unacceptable. Seventy-four per cent of these victims are age 30 to 59 and 77% are male. More than half of these deaths occurred at home when the person was alone. I grieve for a family whose son died of an apparent overdose about a year go. He had a family. He had people who loved him. He had children who relied on him. He had a good job. He had a boss and co-workers who relied on him. One evening, at home, alone, he consumed fentanyl-laced drugs and became part of our nation's terrifying statistics. The question remains open as to how he got his hands on fentanyl-laced drugs. His family wants to know. Today, we are talking about Bill C-5, which would eliminate mandatory minimum penalties for drug-related crimes. Canadians must be made aware that the government has also introduced, in the province of British Columbia, an agreement by which possession of small amounts of illicit drugs for personal use would be decriminalized. The problem is twofold. First, even a small amount of fentanyl can and regularly does kill people. Second, it would be indisputable evidence before Parliament that gun trafficking and illicit drug trafficking are the opposite sides of the same coin. It should be evident even to the casual observer that easing up on penalties for drug traffickers and gun traffickers is the wrong way to go, and certainly will not make our streets any safer. The criminal justice system talks a lot about the principles behind sentencing. The two principles are denunciation and deterrence. Society denounces certain behaviour and, of course, we want to deter future behaviour like that. Parliament, over the years, has recognized these principles and has created mandatory minimum sentences in response thereto. We want to denounce and we want society to develop safer environments for everybody. There is a quote from an important Supreme Court of Canada decision, R. v. Proulx, from 2000, which is, “the need for denunciation or deterrence is so pressing that incarceration will be the only suitable way in which to express society's condemnation of the offender's conduct or to deter similar conduct in the future.” This is the principle that has guided Parliament over many years to introduce mandatory minimum penalties and, as previous speakers have said, it is a mystery to us why they would now want to reduce that. We recognize that prison is not right for all people and for all situations. The Conservatives believe that those struggling with addictions should get the help they need, treatment for their addictions rather than prison. In the 2021 federal election, Conservatives put forward in their platform a plan to create 1,000 drug treatment beds, to create 50 recovery community centres and to support local and culturally appropriate addiction treatment. We recognize that prison is not always the best way forward. We think that people should always be given the hope of recovery, not just reduced harm, not just safe supply and not just safe injection sites, but real long-lasting solutions full of hope for a better life.
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  • Jun/9/22 7:55:31 p.m.
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  • Re: Bill C-5 
Madam Speaker, I was very interested in the member's focus on victims of drugs and those who are using drugs. Does he not feel that being allowing these people who have addictions to come forward without fear is important in order to treat them? This legislation, as well as what is being done in B.C., I think will help lead us to that place. Even family members who see another sick family member who needs treatment at this time are too scared to come forward and to tell anybody that their family member needs help because of fear of being criminally penalized. Removing this, I think, would really help in order to get people the help that they need. What does the member have to say?
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  • Jun/9/22 7:56:36 p.m.
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  • Re: Bill C-5 
Madam Speaker, the member's comments are well thought out and sensitive to the needs of many people. Bill C-5 eliminates mandatory minimum penalties for very, very serious crimes. That is the objection I have to this legislation. I believe that addiction should be, in certain circumstances, treated as a health issue, rather than a criminal issue, but that is not what we are talking about today. We are talking about drug traffickers. We are talking about people who are trafficking in guns. We are talking about people who are in gangs. We are talking about people in my home community of metro Vancouver who are using guns out on the streets, out in the public, in places where my grandchildren go. That is unacceptable.
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  • Jun/9/22 7:57:30 p.m.
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  • Re: Bill C-5 
Madam Speaker, my colleague and I work together on the Standing Committee on Public Safety and National Security, notably on the gun control file. Every time I hear my Conservative colleagues ask questions about Bill C-5 in question period, I hear the Minister of Public Safety respond with something about Bill C-21. I find that somewhat unfortunate because they are not the same thing. Although I quite like my colleague, we both know that our opinions differ on this subject. For example, the Bloc members are big believers in rehabilitation and social reintegration. I think that Bill C-5 will help with that. However, I think my colleague will agree with me that this is not the time to be introducing this bill, given the rise in gun crime across the country. We are trying to find ways to combat that situation. What message does my colleague think is being sent to the public by introducing this bill at this time?
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  • Jun/9/22 7:58:30 p.m.
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  • Re: Bill C-5 
Madam Speaker, I do enjoy working with the member at the public safety committee. We, the whole committee, have done some very good and important work together. We have put out some pretty good studies, including the one on guns and gangs. I hope that leads to further legislation and policies to be considered by this Parliament. Bill C-5 is not one of them. I do not think that Bill C-5 accomplishes what the government says is the stated purpose of reducing or responding to the overpopulation of indigenous people and people of colour in our prison system. In one of our earlier studies, we also talked a lot about indigenous policing. That, to me, is a much better government response to the problem of overpopulation of indigenous people in our prisons.
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