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Decentralized Democracy

House Hansard - 85

44th Parl. 1st Sess.
June 9, 2022 10:00AM
  • Jun/9/22 11:11:45 a.m.
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  • Re: Bill C-5 
Madam Speaker, I rise today to echo the calls from the Black Legal Action Centre, the Canadian Association of Elizabeth Fry Societies and the Women's Legal Education and Action Fund. We know that there have been some incremental steps that are, by and large, due to some of the good amendments that we were able to put forward as New Democrats. In the Liberals' submission to the committee, they called for the removal of mandatory minimums that were deemed to be unconstitutional, the removal of the band of conditional sentencing for offences that had mandatory minimum penalties, and the fulfillment of the Truth and Reconciliation Commission's call to action 32 to allow a trial judge, upon giving reasons, to depart from the mandatory minimum sentence. Finally, there are lots of conversations about these disproportional impacts on Canadians of African descent, yet the government still has not addressed an amendment to subsection 718.2(e) of the Criminal Code so that sentencing judges can have the information required to pass appropriate sentences on Black defendants. When will the government finally get around to listening to communities and taking substantive steps, rather than incremental steps, toward justice within this country?
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Mr. Speaker, one of the key recommendations was to see that former jurors who are suffering from mental health issues can access as many counselling sessions as required. Another important component was to see that former jurors have information packages so they have a better idea of what jury service entails, because a big stressor is that of the unknown. Many jurors, until they are summoned, have very little experience with the criminal justice system, what a trial looks like and what impacts a trial could have. That is a very straightforward recommendation that all provinces can work toward offering in the way of information. Another recommendation that I think is key is seeing that there is training, not of jurors, but of judges and other actors in the justice system to recognize and better understand some of the stressors that jurors face and to work to help alleviate those in the course of a trial as a result of that greater awareness.
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Mr. Speaker, it would be retroactive in the sense that former jurors would be able to disclose all aspects of their jury service with a medical professional even if the trial concluded years ago. One thing I do want to add is that some of the former jurors who did appear before our committee, Mark Farrant and Tina Daenzer, who are here in Ottawa, have done incredible work to support jurors through the Canadian Juries Commission. They have taken an incredible amount of suffering and difficulty and have worked to bring greater awareness around some of the issues facing jurors. They are to be commended for their leadership.
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  • Jun/9/22 7:59:32 p.m.
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  • Re: Bill C-5 
Madam Speaker, one of the reasons why I believe in repealing mandatory minimum penalties is that it is one of the calls to action of the Truth and Reconciliation Commission. While there is a lot of talk of following through on these calls to action, we need more follow through. Call number 32 specifically calls upon the federal government to amend the Criminal Code to allow trial judges to depart from mandatory minimum sentences and the restriction on the use of conditional sentences as well. I know the member for Langley—Aldergrove is mindful of hearing the priorities of indigenous peoples in this place. I would like to hear his reflections on that.
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