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Decentralized Democracy

House Hansard - 88

44th Parl. 1st Sess.
June 14, 2022 10:00AM
  • Jun/14/22 10:45:48 a.m.
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  • Re: Bill C-5 
Madam Speaker, I have spoken extensively on systemic racism within the criminal justice system and why it is important to ensure that those who do not pose a risk do not end up in jail. With respect to gun violence, it is a very important and real issue. My community of Scarborough—Rouge Park has dealt with this. I dealt with this when I ran a youth organization. I have buried my share of young people disproportionately in my community and it is an awfully painful process. It is one that I am still traumatized by. What is important is that Bill C-21 addresses the issues that my friend opposite is talking about. It increases penalties for those firearm offences. It gives discretion to the judge to impose a sentence of up to 14 years, which is higher than we have right now. What we are impressing in Bill C-5 is to make sure that those who do not pose a risk and maybe are first-time offenders are given an opportunity to get out of the criminal justice process and continue their lives.
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  • 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 10:48:59 a.m.
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  • Re: Bill C-5 
Madam Speaker, Scarborough is one of the most diverse areas in Canada. I represent a riding that is highly racialized, particularly a very large percentage of Canada's Black community is in Scarborough. Every time I go door to door, I hear stories from mothers, from siblings, from young men who continue to complain about over-policing which in turn has led to over-incarceration. My community is a stellar community in every respect save and except for the trauma that they face with the criminal justice system. I believe that Bill C-5 is a very important starting point in addressing the over-incarceration of Black and indigenous people, but this is not the only answer. As a government, we are working on a Black and indigenous justice strategy. We look forward to bringing that to Parliament.
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  • Jun/14/22 11:20:10 a.m.
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  • Re: Bill C-5 
Madam Speaker, in response to my question, I could not believe what I heard. The member said, “I respect judges, but they do not always get it right.” That is just an example of the fundamental misunderstanding of the justice system and how it is supposed to be implemented. The member should also be respecting the decisions that the judges make because that shows that someone generally understands, appreciates and respects the judicial system in Canada. Instead, what the Conservatives are trying to say through that comment is that we are going to try to put a fail-safe in place for when, in their opinion, the judges do not get it right.
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  • Jun/14/22 11:22:49 a.m.
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  • Re: Bill C-5 
Madam Speaker, I would like to thank my colleague for bringing up the genocide of murdered and missing indigenous women and girls. I want to point to the national inquiry in which specific calls for justice called, in fact, for the end of mandatory minimum sentences because of the over-incarceration of indigenous women. This includes the 98% of women in prisons in Saskatchewan who are indigenous. They call for a complete end to mandatory minimum sentences. Does my colleague stand in solidarity with indigenous women, and will she support this call for justice?
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  • Jun/14/22 11:39:14 a.m.
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  • Re: Bill C-5 
Madam Speaker, as I rise today to speak at third reading of Bill C-5, my mind is once again filled with questions and confusion. As critic for status of women and gender equality, I have observed an uptick in the number of femicides and incidents involving gender-based violence. Like my colleague from Rivière-du-Nord, whom I commend for his speech and for sharing his time with me, I wonder about the odd message the government is sending with this bill. I will therefore address the delicate question of mandatory minimum penalties by starting with my experience in the community sector. Next, I will address the bill's shortcomings. I will end with a few suggestions for countering violence and sending a strong message to end the acrimony currently surrounding the bill and, in particular, the disinformation we have been hearing, as my colleague from Saint-Hyacinthe—Bagot mentioned. I have a background in community work, more specifically with an alternative justice and mediation organization. I sincerely believe in restorative justice. I am entirely in agreement with the Bloc's traditional position, which mirrors Quebec's position on mandatory minimum penalties. When it comes to justice, the Bloc Québécois advocates for an approach that promotes rehabilitation and crime reduction. We believe that mandatory minimum penalties, or MMPs, have few benefits, that they do not deter crime and that they introduce many problems, including the overrepresentation of indigenous and Black communities in prisons, as well as additional costs to the system. The Bloc Québécois is therefore more favourable to the principle of repealing certain MMPs. However, the Bloc also believes in timing, since life is all about timing. Now is not the right time to repeal MMPs for firearms offences, seeing as a number of cities in Quebec and Canada are plagued by a rash of gun violence, mainly because of the Liberal government's inaction when it comes to border controls. Many women's groups are particularly concerned about this and would like to see better gun control measures to help reduce the number of femicides. Repealing MMPs without doing anything to stop the illegal flow of firearms across the border sends a mixed message. Conversely, Bill C-21 would strengthen certain maximum penalties, but we must be careful not to mix up these two bills. Although we believe that repealing MMPs for firearms possession is defensible, the proposed repeal of MMPs for certain gun crimes, including discharging a firearm with intent and armed robbery or extortion, appears to contradict the government's claim that it will maintain MMPs for certain categories of serious crime. We need to monitor this aspect of the bill closely, as well as the possibility of maintaining MMPs for second or third offences. As the Bloc Québécois suggested, the courts could be given the power to depart from the MMPs in cases of serious crime where justified by exceptional circumstances. I would like to clarify that the Bloc Québécois expressed support for the introduction of the principle of diversion for simple drug possession during the last election campaign and the debates on Bill C-236. Let me remind my colleagues that some of the MMPs that are to be repealed involve drug production, at a time when the opioid crisis is claiming more and more lives in Quebec and Canada. During the last election campaign, I was approached about this topic by community groups that work with the homeless and whose street outreach workers are doing an excellent job, like those in Granby. However, the Bloc Québécois would like to point out that such a measure will be effective only if investments are made in health care, to support health care systems and community organizations. These institutions need resources so they can help people struggling with addiction and mental health issues, another subject that voters broached with me during the last election campaign. The Bloc Québécois would like to note that we have still not gotten a response from the Liberal government on the issue of increasing health care funding to cover 35% of system costs, despite unanimous calls from Quebec and the provinces. Obviously, without that level of investment, it is hard for community organizations to meet the growing needs created by increased homelessness in municipalities like Granby. The pandemic only exacerbated the problem. Also, as critic for status of women, I see that homeless women are especially vulnerable. Once again, the Bloc Québécois speaks for Quebec, where diversion is a well-recognized principle that has been integrated into several areas of the justice system. For example, in children's law, extrajudicial alternatives have been offered to young offenders since the 1970s thanks to Claude Castonguay's reform of the Youth Protection Act. There is also the alternative measures program for adults in indigenous communities, which allows individuals to opt for measures other than judicial proceedings. There is the justice and mental health support program, which allows individuals who have committed a crime and are fit to stand trial to obtain a reduced sentence or, in some cases, benefit from diversion. There is also the general alternative measures program for adults, which is currently being implemented and which gives adults accused of certain crimes the opportunity to take responsibility for their actions and resolve their conflict with the law in ways other than the usual judicial proceedings provided for in the Criminal Code. For all of these reasons, I would like to salute the organization Justice alternative et médiation, for which I used to work. I would like to apologize for missing the general meeting, but I know that the organization's work on all the issues I mentioned is crucial. Lastly, with regard to drugs, there is the Court of Quebec's addiction treatment program, which makes it possible to postpone sentencing to allow the offender to undergo court-supervised treatment for addiction. It also provides for close collaboration between the court and drug addiction resources to establish treatment methods, including therapy, rehabilitation and social integration. Unfortunately, this program is offered only in Montreal and Puvirnituq. It would be good if it could be expanded. In short, as the previous examples show, the principle of diversion is not new in Quebec's judicial ecosystem. Quebec's Bill 32 was studied and also involved diversion. The CAQ government concentrated on securing the passage of this bill, which aims to promote the efficiency of penal justice. The bill introduced the concept of an adaptation program, which will give municipalities another option for administering statements of offence to vulnerable individuals, such as those experiencing homelessness or mental health or addiction issues. As critic for status of women, I am always rather appalled to observe the overrepresentation of indigenous individuals in prisons and to note that the problem is more pronounced among women than men. Some 38% of women incarcerated in provincial and territorial prisons after sentencing are indigenous, while the corresponding rate of incarceration among men identifying as indigenous is 26%, so this affects far more women than men. In federal prisons, indigenous women account for 31% of offenders sentenced to prison, while indigenous men account for only 2%. These are huge numbers. Given these figures, could MMPs be contributing to increasing the overrepresentation of Black and indigenous people in the prison system? Certain signs point to yes. Diversion is also beneficial for individuals. It reduces the stigma associated with drug use, as well as the negative consequences of a criminal record, which are disproportionate to the crime of simple possession. One last thing I should mention is that MMPs are expensive, because they generate long-term correctional service costs and court costs. MMPs have a major social cost because the money invested in putting people in prison is not devoted to social reintegration. In conclusion, because of my background in community work, I am sensitive to many considerations associated with this bill. One thing is certain: It should not relieve us of our responsibility as members of Parliament, especially since gun crime is an important issue, given recent events where many innocent victims were killed by guns. Although we agree with the repeal of MMPs, we should not minimize gun crime or the importance of making the public feel safe and considering better gun control measures. That will be debated in another bill. Let us focus on the bill at hand. I can say one thing. On the one side, we have the NDP saying that this bill does not go far enough. On the other, we have the Conservatives clinging to their “tough on crime” approach. Is that the way to go? I do not know. Then there are the Liberals, who, as I mentioned, are playing both sides of the fence, especially in the case of crimes against women. The Truth and Reconciliation Commission of Canada's call to action 32 sought to allow judges to depart from MMPs under certain circumstances, by which I mean serious crimes against women. The idea is to allow judges to decide whether getting rid of the MMP is a good idea. This is meant to send a strong message, especially in the case of serious crimes against women. The Liberals managed to do this in response to the Truth and Reconciliation Commission's recommendation. Once again, this bill reflects the Liberals' penchant for catch-all bills. Minimum penalties, maximum penalties, diversion: Everything is lumped together. In short, once again, the Bloc Québécois is acting like the adult in the room, trying to adopt the most well-reasoned and reasonable approach.
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  • Jun/14/22 12:10:55 p.m.
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There is quorum online. We have actually looked and there is quorum online. Questions and comments, the hon. Parliamentary Secretary to the Minister of Justice.
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  • Jun/14/22 12:12:14 p.m.
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  • Re: Bill C-5 
Madam Speaker, I want to thank the hon. member for Esquimalt—Saanich—Sooke for his incredible efforts at the justice committee in strengthening this bill. I want to get his perspectives on conditional sentencing orders. Much has been said by the opposition, particularly the Conservatives, on a whole host of accusations that CSOs would open up a floodgate for hardened criminals having “get out of jail free” cards. I am wondering if my friend opposite could talk about the impact the conditional sentencing orders would have on the criminal justice system and at what point the judges would be able to use those orders in order to ensure our communities are, in fact, safer.
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  • Jun/14/22 12:17:13 p.m.
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  • Re: Bill C-5 
Madam Speaker, I do have a great deal of respect for the hon. member for Calgary Rocky Ridge as a member of Parliament. Again, I think we are talking about something that is not going to happen here. The penalties for sexual assault rarely come in under two years in custody and so anything with two years in custody is not eligible for a conditional sentence. It is not eligible for house arrest. It is not eligible for serving time on weekends. I do share with him the concern about the way sexual assault is treated in our criminal justice and policing system and I do share his concern that we need to do better by victims, not just of sexual assault but of all crimes in our community. In fact, allowing judges to use conditional sentences to get a sentence that fits the crime, fits the offender and fits the community is an important piece of progress in Bill C-5.
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  • Jun/14/22 12:18:10 p.m.
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  • Re: Bill C-5 
Madam Speaker, I thank my hon. colleague for his hard work on this file and on the justice file in particular. One of the things that we will see is a shift in the law but also, too, there is an opportunity to enhance the bill and adjust things later on. I would like his thoughts on how the bill, as he pointed out, has shortcomings in a few elements, but also there is the ability to adjust things and to be able to plan and go forward, whereas we have not done that to date on this file. Whether it is a three-year or five-year review or a quicker review, what is his suggestion on how we monitor and continue to move toward a health-based approach for dealing with this?
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  • Jun/14/22 12:19:47 p.m.
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  • Re: Bill C-5 
Madam Speaker, one of the comments that I have heard Conservatives react to today, in particular I remember the parliamentary secretary for justice making this comment, was when we suggest that the Conservatives' policies with respect to incarceration are pretty much just to lock them up and throw away the key. They are not interested in rehabilitation so that we can reintegrate individuals back into society. They are heckling me now. One would think that just from a financial policy perspective, it makes more sense to help reintegrate people back into society because, quite frankly, it costs a lot to keep people incarcerated. If not for the reason of the social good of it, one would think that the Conservatives would be interested from the perspective of the financial implications of what it costs to keep people incarcerated. I realize that the member's main drive here is toward the social impact of it, as it should be, but I am wondering if he could speak to the dilemma that the Conservatives seem to be in, in relentlessly being in favour of mandatory minimums.
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  • Jun/14/22 12:21:03 p.m.
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  • Re: Bill C-5 
Madam Speaker, while I might not use quite as broad a brush in condemning my Conservative colleagues as the hon. member did, I think he draws attention to an important ancillary benefit of these changes in Bill C-5. We certainly heard that one of the problems that comes from the existence of mandatory minimums is that they prevent the ability to plea bargain and keep cases out of court that take up valuable space in our courts that could be used for tackling, without delay, the more serious crimes. They increase court delays. They increase court costs. Of course, when we keep someone in custody, as I talked about in my speech, for only a short period time, it is very expensive to do so and, at the same time, guarantees that they will not get the rehabilitation and training they need to successfully rehabilitate into society. It is not a good economic deal, as well as being not a good justice deal, as well as being not a good public safety deal. Eliminating mandatory minimums will help us make progress on all of those fronts.
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  • Jun/14/22 12:34:39 p.m.
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  • Re: Bill C-5 
Madam Speaker, I want to thank my friend in the chair of the justice committee for his speech today. I want just to reflect on the last few weeks, when Bill C-5 was studied at the justice committee. I wonder if my friend could talk about some of the witnesses who came forward. I really want to highlight the intervention by the president of the Canadian Association of Black Lawyers. Reflecting on what systemic racism means, and as someone with some lived experience, could the member reflect on why this bill is so important for us?
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  • Jun/14/22 12:47:44 p.m.
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  • Re: Bill C-5 
Madam Speaker, at the Standing Committee on Justice and Human Rights, we heard countless calls for change from experts on the ground and in communities. I would say to my colleague that these measures are an important step forward in the fight to eradicate systemic racism and make the justice system more effective. As far as firearms are concerned, we promised to do more to get dangerous firearms off our streets. We have every intention of keeping that promise. What we are doing here is ensuring that the most serious criminals are punished severely while addressing the overrepresentation of Black, indigenous and racialized Canadians in the criminal justice system.
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  • Jun/14/22 1:17:57 p.m.
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  • Re: Bill C-5 
Madam Speaker, for the parliamentary secretary to have such little knowledge of the justice system makes sense given this bill. That question displays a stunning amount of ignorance. By eliminating mandatory minimums, the judge has discretion to go lower. The judge always had discretion to go higher. A mandatory minimum is not a maximum. The member should look that up. When we say that this would lead to lower sentences, it is because the floor is gone. Judges would have the discretion to say, if the minimum was five years, that they do not have to give five years and can give three years. That is a lowered sentence, and that is what will happen for weapons traffickers, human traffickers and a whole of host of other offenders. I do not know how the Liberals do not see it.
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  • Jun/14/22 1:47:14 p.m.
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  • Re: Bill C-5 
Madam Speaker, I could be incorrect, but I do not believe sexual assault is included in the package of reforms. Having said that, when we put people in front of the criminal justice system we need to rely on our judges to be able to provide sentences that are appropriate. I know the hon. member was part of a study we did on indigenous women in the criminal justice system, and getting rid of mandatory minimum penalties was one of the recommendations that came out of that report. It is seeing women be sentenced to time in prison when time would be far better spent treating their addiction, dealing with mental health issues and dealing with those core issues rather than sending them to a federal institution.
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  • Jun/14/22 1:51:56 p.m.
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  • Re: Bill C-5 
Madam Speaker, it is always a pleasure to rise on behalf of the people of Kamloops—Thompson—Cariboo. At the outset, I will note that I will be splitting my time with the member for Provencher. Believe it or not, this is an area that is close to my heart as somebody who previously taught a sentencing class and somebody who worked in the criminal justice system, both in federal corrections as a defence lawyer and then as a Crown prosecutor. This is an area that I find a great deal of interest in. I have heard different perspectives, some more compelling than others today. What I find noteworthy is that most parliamentarians want to get to the same place when it comes to this debate. The question is: how do we get there? I was quite struck by some of the commentary that we have heard today because it was talking about where we want to be. The question, in my view, is whether this bill actually gets us there. If we look at the issue, I believe everybody in the House would resoundingly and unanimously say that they want gun crime to go down. There is no doubt about it. Nobody wants to see any more people shot, especially innocent civilians caught in the proverbial crossfire. The question then is whether this is the right mechanism to do so. I note that not once does the word “victim” appear in Bill C-5 or Bill C-21. Gun crime, in my view, and I think in the view of a lot of people in the House, is out of control. No one here wants to see more gun crime. We have two different approaches in Bill C-5 and Bill C-21. Bill C-5, with the elimination of mandatory minimums, has been a failed approach. I will note here something that is not brought up very often. The reality is that most mandatory minimums, when it comes to gun crimes, were actually struck down. When we talk about a failed approach, if the approach failed, it has most recently been since the time that the mandatory minimums were struck down. We have essentially been operating in a time where mandatory minimums have been struck down for most gun crimes, but not for robbery with a firearm, extortion with a firearm or reckless discharge. Those minimums remain, but under section 95, for instance, that was struck down in the R. v. Nur decision many years ago. It is not as though we are talking about statistics as of last week, last month or last year when mandatory minimums were in effect. Most mandatory minimums have been struck down. I want to now turn to what the parliamentary secretary said. When we look at the issue of overrepresentation, there will be no issue from me. I remember being a 22-year-old and a 23-year-old going to work in federal corrections for the first time and noting the overrepresentation of indigenous people, for instance, in the justice system. At that time, it was about six to one in terms of overrepresentation, so it was very substantial. As a young man, it was something that I had to learn about and, frankly, the decisions I made had to address. That is something I am quite proud of. It is also something I had to address as a prosecutor. We have the R. v. Gladue decision, the Ippolito decision, and we also have subsection 718.2(e), I believe, that address this specific issue of overrepresentation. I was bound by those ethical precepts to address Gladue considerations in sentencing, and I always took great pride in putting those considerations at the forefront of my decision-making. Where the parliamentary secretary and I part company is where he notes, on behalf of the government, that we are looking at alternatives to incarceration while keeping the public safe. This argument might hold water, but for the fact that there are serious offences that are included in this bill. I am going to fast-forward to them. For reckless discharge with a firearm, section 244(1) reads that, “Every person commits an offence who discharges a firearm at a person with intent to wound, maim or disfigure, or endanger life”. We are talking about public protection. We are talking about gun violence. We want to reduce gun violence overall, yet this provision was included in Bill C-5. This allows what I would characterize commonly as a drive-by shooting. Rather than signal we are not going to allow a community-based sentence for such a serious offence, the question should be the length of incarceration. It is paradoxical. I asked the parliamentary secretary about this, and I cannot remember his exact response, but essentially it was that I was using rhetoric. I am not using rhetoric. I am simply pointing out that a sentencing option now exists for drive-by shooters to serve their sentence in the community. I am not sure how we get here. I just do not know how the principles of sentencing in section 718 are enhanced and put forward by conditional sentence orders for drive-by shootings. The hon. parliamentary secretary spoke about systemic racism, and he then spoke about corrections. My point is that I have no issue with targeting racism anywhere in Canada, none whatsoever. He talked about the custody ratings scale. As someone who has completed the custody ratings scale and who previously worked in corrections, I know that, if he wants to address the custody ratings scale and the overrepresentation of people in maximum security in federal custody itself, then he should do that. We would do that by amending the Corrections and Conditional Release Act, not by allowing conditional sentence orders for people who commit offences such as extortion with a firearm, robbery with a firearm, or most seriously, reckless discharge or discharge with intent. The hon. parliamentary secretary talked about Conservatives wanting to lock people up and throw away the key. Nothing could be further from the truth. What we want is a safe society with just sentencing—
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  • Jun/14/22 4:39:17 p.m.
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  • Re: Bill C-5 
Mr. Speaker, I would point out the lack of coherence in the member's argument, as well as the argument by the NDP-Liberals overall on this bill. If that is their premise, then, as my colleague for Carlton Trail—Eagle Creek said, he should be up in arms and encouraging the government to remove the other 67 mandatory minimum penalties that continue to exist under the government. Here is where we have a conflicting world view: There are disproportionate representations in prisons of populations who live in situations of domestic violence, who are at risk, who have a lack of education and job opportunities, and who are being traumatized by gangs. I am glad that the government followed the lead of the former Conservative government to recognize, for example, the impacts of residential schools and the sixties scoop that destroyed individuals, families and communities, and led to what we see today, which are disproportionate socio-economic challenges and challenges with the justice system. If what the Liberals want to get at is actually dealing with that disproportionate representation, then they need to deal with the root causes. They need to ensure there are educational opportunities, Internet service, basic infrastructure for quality of life, standard of living, mental health supports and services, and services for victims of violence. They need to ensure there are opportunities and hope for people who are ending up in criminal lifestyles, because they do not have those things. They should fix the corrections system to make it functional and effective, but frankly, Bill C-5 does not do any of that.
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  • Jun/14/22 4:43:05 p.m.
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  • Re: Bill C-5 
Mr. Speaker, I hear some of the critical points raised by the member, but I am wondering how she can reconcile the need to be tough on the root causes of crime with the agenda of the Conservatives, when they were in power, that saw the expansion of our prison system and led to greater representation of indigenous and racialized inmates, including indigenous women. The reality is that when the Conservatives were in power, they were not tough on the root causes of crime, and instead turned around to further criminalize communities that are overly represented in the criminal justice system. How can we believe that the Conservatives now want to actually come up with sound policy when it comes to Canadians on the margins?
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  • Jun/14/22 5:05:41 p.m.
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  • Re: Bill C-5 
Mr. Speaker, I certainly do not know the details of that case, so I do not think it would be appropriate for me to speculate on it. I will say that I have faith in our justice system. I have faith that individuals will be tried properly, including by, I am sure, very fine prosecutors, such as the member used to be, and perhaps he would like to go back to that profession, I do not know. Maybe there is a good Liberal in his riding who would like to replace him. I say that in a joking way. I have a lot of respect for the member. I think we need to put faith in the institutions. I have no problem when individuals get up to say that they are not happy with an outcome, but we heard the member for Kildonan—St. Paul, earlier today, get up to say that they respect judges, but judges do not always get it right. Well, one should also, as I am sure this member, as a former prosecutor, would agree, respect the decision. If one respects the institution, one respects the decision.
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