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House Hansard - 85

44th Parl. 1st Sess.
June 9, 2022 10:00AM
Context: House Hansard - 85 - Jun/9/22
Mr. Andy Fillmore (Parliamentary Secretary to the Minister of Innovation, Science and Industry, Lib.)
Madam Speaker, I am very glad to rise today to speak on Bill C-5, an act to amend the Criminal Code and the Controlled Drugs and Substances Act. Throughout the years, Canadians have witnessed the disproportionate representation of indigenous peoples, Black Canadians and members of marginalized communities in prisons across the country, including in my home province of Nova Scotia. Following the last federal election, our government promised to reintroduce the former bill, Bill C-22, during the first 100 days of our mandate, and that is exactly what the Minister of Justice and Attorney General of Canada did in December 2021. Bill C-5, as it is now known, supports our government's efforts to eliminate the systemic racism in Canada's criminal justice system that has been reported on for years by commissions of inquiry. The main objective of Bill C-5 is to ensure public safety while at the same time ensuring that the responses to criminal conduct are fairer and more effective. Importantly, the bill would help reduce the overrepresentation of indigenous peoples, Black Canadians and marginalized communities in prisons from coast to coast to coast, which we heard the member for Vancouver Kingsway describe. Bill C-5 would also ensure that courts across the country can continue to impose severe sentences for serious and violent crimes. Canadians all around the country desire a fair and competent criminal justice system. They want their provinces and their cities and their neighbourhoods to be and to feel safe at all times. They want to have faith in their justice system. They want to believe that offenders will be held responsible for their crimes in a transparent, fair and consistent way that upholds our country's ideals. As members of Parliament, we must listen to these concerns and then work hard to act on them, and act on them we have. Bill C-5 includes three categories of reforms. The first would repeal mandatory minimum penalties for all drug offences, some firearm offences and one tobacco-related offence. Second, it would allow for a greater use of conditional sentence orders, or CSOs, and I will come back to those shortly. The third reform would require police and prosecutors to consider other measures for simple possession of drugs, such as diversion to addiction treatment programs. Bill C-5 would repeal mandatory minimum penalties for certain offences that are associated with the overrepresentation of the groups I have mentioned. The numbers do not lie. In 1999-2000, indigenous people represented 2% of the Canadian adult population but accounted for approximately 17% of admissions to federal custody. Since then, those numbers have moved in the wrong direction, and significantly so: Recent data suggests that indigenous Canadians now account for 5% of the Canadian adult population but 30% of federally incarcerated individuals. It is just not right. Black Canadians represent 3% of the Canadian adult population but 7% of federally incarcerated individuals. They too are overrepresented in terms of federally incarcerated individuals. Data from the Correctional Service of Canada for 2007 to 2017 revealed that 39% of Black people and 20% of indigenous people incarcerated in a federal institution during those years were there for offences carrying a mandatory minimum penalty. Again, 39% of Black people and 20% of indigenous people were there because of mandatory minimums. Further, during the same years, the proportion of indigenous offenders admitted to federal custody for an offence punishable by mandatory minimum penalties almost doubled, rising from 14% to 26%. Bill C-5 would reverse that trend and, in so doing, seek to make the criminal justice system fairer and more equitable for all. When the Minister of Justice visited my riding of Halifax, he met with members of the African Nova Scotian community, including members of the African Nova Scotian Justice Institute, who, among many things, are committed to fighting racism in the criminal justice system. This group has been advocating impact of race and cultural assessments, something that originated in Nova Scotia, and I want to thank people like Robert Wright for their hard work and Brandon Rolle, who appeared at the justice committee on this legislation, for helping move this idea forward. Our government is funding impact of race and cultural assessments across Canada by investing $6.64 million over five years, followed by $1.6 million of annual ongoing funding. Alongside the changes contained in the bill, these are the kinds of important investments needed to make our justice system fairer for all. If mandatory minimum sentences are repealed, as provided for in Bill C-5, individuals may still be sentenced to harsh penalties. However, the courts will be able to consider the unique circumstances of each offence and determine the most appropriate sentence, rather than having their hands tied by mandatory minimum sentences, which, as we just heard, are filling up the jails with people who do not need to be there. This will help ensure that a person found guilty of an offence receives a sentence that is proportionate to their degree of responsibility and to the seriousness of the offence, while taking into account individualized factors. Canada is not alone in recognizing that the increased and indiscriminate use of mandatory minimum penalties has proven to be a costly, ineffective and unfair approach to reducing crime, as others have also moved to reform. For instance, while the United States has historically made great use of MMPs, or mandatory minimum penalties, in the last decade many states, including Republican states, have moved toward reducing or eliminating mandatory sentences, with a particular focus on non-violent and drug-related charges. The lead that the opposition followed in the Harper years from the Republicans in the United States has been proven not to work, and those Republicans are now changing their approach. Also, evidence shows that approaches other than imprisonment, such as community-based sanctions, reduce reoffending because they enable more effective reintegration into the community and reduce the stigma associated with criminal justice system involvement. I do want to emphasize that those who commit serious crimes should face serious consequences. This is why, alongside Bill C-5, our government has brought forward Bill C-21, which will increase maximum penalties for firearms crimes. This would create the flexibility needed for our judges to impose appropriate sentences based on individual situations, and it is baffling to me that the Conservatives do not support it. Bill C-5 would also increase the availability of conditional sentence orders, known as CSOs, without compromising public safety, so that sentencing courts could impose community-based sentences of less than two years when the offender does not pose a risk to public safety. A CSO is a sentence of incarceration of less than two years that is served in the community under strict conditions, such as curfew, house arrest, treatment and/or restrictions on possessing, owning or carrying a weapon. The evidence is clear: Allowing offenders who do not pose a risk to public safety to serve their sentences under strict conditions in their community can be more effective at reducing future criminality. Offenders can keep a job, maintain ties with their families and maintain ties with their community. These are the measures that bring back flexibility of sentencing by allowing judges to help people, not just jail them. For example, a judge can impose a CSO for an offender to serve their sentence at home and receive appropriate mental health and rehabilitation supports that we have heard again and again are so important to rehabilitation. This will increase access to alternatives to incarceration for low-risk offenders while also furthering the sentencing goals of denunciation and deterrence. We have heard some claims from the other side that dangerous offenders will be able to get CSOs. That is simply not the case. CSOs will not be available for some offences prosecuted by way of indictment, including advocating genocide, torture, attempted murder, terrorism and criminal organization offences, for which the maximum term of imprisonment is 10 years or more. CSOs will only be available for sentences of under two years for offenders who do not pose a risk to public safety. This is an important step in reorienting our criminal justice system so that it is both fairer and more effective, while ensuring public safety at the same time. All in all, Bill C-5 represents an important step in our government's efforts to eliminate systemic racism in Canadian society. This bill would also ensure that all Canadians have a safer and more equitable future. The measures outlined in this bill go hand in hand with a slew of additional investments announced in the 2020 fall economic statement and the 2021 budget, which provide funding to promote co-operation on an indigenous justice strategy and engagement with indigenous communities and groups on creating legislation and activities that address systemic barriers in the criminal justice system. Further, the government provides funding to community groups and programs that aid at-risk adolescents, give alternatives to criminal charges when possible, and help fight injustices in the judicial system that affect Black Canadians, indigenous peoples and other racialized communities. I urge all of my colleagues in this chamber to support Bill C-5 to ensure a more equitable and fairer future for all Canadians. Regardless of their race, ethnicity or socio-economic backgrounds, Canadians from coast to coast deserve to feel safe and accepted in our society.
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