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House Hansard - 85

44th Parl. 1st Sess.
June 9, 2022 10:00AM
Context: House Hansard - 85 - Jun/9/22
Mr. Ken Hardie (Fleetwood—Port Kells, Lib.)
  • Jun/9/22 12:57:39 p.m.
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  • Re: Bill C-5 
Madam Speaker, I appreciate my colleague's background and the points he is making in his speech, but I have a couple of quick points. First, currently the minimum mandatory sentence for the repeated smuggling of tobacco is four years, yet for most of the firearms offences is one year, so there is an imbalance there in the system. Second, we have seen many times in British Columbia Crown counsel refusing to approve charges simply because the courts are too full and people have walked. Third, if I were the Minister of Justice, I would make dealing fentanyl the crime of attempted murder. That said, I would ask the hon. member whether or not he trusts the judgment of judges to hand down appropriate sentences in the serious situations he mentions.
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Context: House Hansard - 85 - Jun/9/22
Mr. Greg McLean
  • Jun/9/22 8:15:44 p.m.
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  • Re: Bill C-5 
Madam Speaker, there are a lot of courts of appeal that strike down laws in Canada, and we have to look at where the Charter of Rights and Freedoms is. Actually, the Charter of Rights and Freedoms is expressed in the Ontario Court of Appeal. I apologize to my colleague because I am not sure where this stands in the appeal process from the Ontario Court of Appeal to potentially the Supreme Court of Canada. However, it is one of those things where different courts of appeal do have certain rights to say something is contrary to the Charter of Rights and Freedoms, and then of course it goes up to the higher court of appeal, which is the Supreme Court of Canada. I apologize that I cannot give the member more detail on it at this point, being unfamiliar with where it is in the process.
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