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Decentralized Democracy

House Hansard - 88

44th Parl. 1st Sess.
June 14, 2022 10:00AM
  • Jun/14/22 10:47:37 a.m.
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  • Re: Bill C-5 
Madam Speaker, I would like to thank my friend opposite for his very important work in improving the bill at every stage. I agree with him. This is smart criminal justice policy reform. It is important to recognize that not everyone needs to go to jail. There is a need to have off-ramps that will support individuals who do not pose a risk to continue to be in their community, continue to be integrated as part of the community. If they pose any risk, the judge will have the discretion to put them in jail. That is precisely what the bill does.
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  • Jun/14/22 10:50:53 a.m.
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  • Re: Bill C-5 
Madam Speaker, again, I come back to the same answer. We can come up with a whole bunch of scenarios where, in fact, conditional sentencing orders may not be appropriate. What is important is that we give judicial discretion that allows a judge to look at the facts of the case to weigh the risk that an individual would pose to society and, when there is no risk, a conditional sentencing order may be appropriate. That is exactly what is happening here. I do want to highlight for my friend opposite the over-incarceration of indigenous women. In terms of penitentiaries for women, over 50% of the people in penitentiaries for women are indigenous women. What does my friend have to say about that?
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  • Jun/14/22 1:05:32 p.m.
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  • Re: Bill C-5 
Madam Speaker, I thank my colleague for his speech, but if there is anyone sensationalizing this issue, it is the Conservative Party. It has taken the position of being tough on crime with mandatory minimums even though every study has proven that they do not work. They are not a deterrent and have many unwanted side effects. Just because we want to repeal mandatory minimum sentences does not mean that there will be no sentence at all. The person will go to jail, but the judge will decide for how long. Why do the Conservatives not want to let judges do their job and judge the criminals?
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  • Jun/14/22 1:32:27 p.m.
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  • Re: Bill C-5 
Madam Speaker, it is important to clarify that what the bill before us would actually do is allow judges to evaluate the circumstances before them. Removing mandatory minimum sentences means empowering our judges. It means that if someone poses a threat to society—for example, as the member cited, a drug trafficker—certainly a judge is capable of evaluating the person before him or her and imposing a sanction or sentence that fits the crime. Therefore, we absolutely support judges in exercising that discretion, and where they are warranted, we would insist on high sentences.
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  • Jun/14/22 1:46:31 p.m.
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  • Re: Bill C-5 
Madam Speaker, the member opposite and I have worked together for a long time in this place on issues related to the status of women, so my specific question is on sexual assault. I have a real concern, with Bill C-5, that somebody who committed a sexual assault could actually not go to jail but be on house arrest in the community where they committed the offence. We know that although judges do great work, sometimes they do not get it right. We did hear lots of testimony about the judge who said to a complainant to keep her knees together, and a few other things like that. Does the member share my concern that maybe there should be more controls put in place?
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  • Jun/14/22 4:09:41 p.m.
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  • Re: Bill C-5 
Mr. Speaker, I personally believe that the bill should make Canadians feel safer, unless doubts are put into people's minds. Unfortunately, that is what is happening in the House, as the opposition reads out a whole list of crimes and tries to lead people to believe that judges will be obliged to impose house arrest. This is not the case. Judges have the choice, if the sentence is less than two years. It is judges who are in the best position to determine whether offenders pose a danger to society or whether they have a better chance of rehabilitating in a context of community supervision. It will depend on the judge, and judges will know more than we do here in the House of Commons, where we can only speculate on hypothetical situations when it comes to the Criminal Code.
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