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House Hansard - 314

44th Parl. 1st Sess.
May 21, 2024 10:00AM
Context: House Hansard - 314 - May/21/24
Mr. Alistair MacGregor (Cowichan—Malahat—Langford, NDP)
  • May/21/24 5:42:18 p.m.
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Madam Speaker, I appreciate being able to stand in the House today to give my comments with respect to Bill C-381 as the NDP's public safety and national security critic. The bill is brought in by a Conservative MP. It does seek to amend the Criminal Code by adding mandatory minimum penalties in relation to the offence of extortion. This would include when the offence is committed for the benefit of, at the direction of or in association with a criminal organization. The bill would also add arson as an aggravating factor for the purposes of sentencing when a person is convicted of extortion. It is important to note that the bill before us is actually seeking to reinstate a mandatory minimum penalty that was repealed by Bill C-5 in this very same Parliament. In fact that bill passed third reading in the House of Commons by a vote of 206 to 117 on June 15, 2022. It had the New Democrats', the Bloc Québécois' and the Liberals' support, so it did pass with overwhelming support. It received royal assent later that year. Therefore, this is a Conservative attempt to try to address an issue which was already decided on by the House in the current Parliament. It is important also to make mention of the fact that there is an important clause in Bill C-5, which was passed in 2022. Section 21 of the bill stated that a review of the provisions in the bill was to happen by the fourth anniversary of the bill's coming into force. We have not yet even met that part of the original Bill C-5. There has been no review of Bill C-5 and its provisions. Essentially, Bill C-381, as a consequence, would be jumping the gun before any such review. We have not had the chance to look at how the provisions are acting in Canadian society. We have not had a committee call forth witnesses to find out testimony. It would also be going back on something to which the House has already given due consideration. With all due respect to the member who introduced the legislation, I have to say that I get the sense that every time I see a Conservative private member's bill dealing with the Criminal Code, it is “Here we go again.” I have to say that it is a fairly weak effort at writing legislation, because I again am reminded of the fact that many of these bills seem to be all style with no substance. There is a lot of flavour to them and they make a big impact. They get a lot of people all riled up. However, when we look at what they would actually accomplish, there is really not much there. When I see these kinds of bills brought forward by the Conservative Party, I am often reminded of an undergraduate student who wrote their term paper the night before it was due and then handed it in. If I were the teacher grading that paper, I would ask the person to show their sources. Unfortunately for the Conservatives, whenever it comes to these kinds of bills, especially when they are trying to talk about mandatory minimum penalties, when we ask them to show their sources, they are unable to do so. If Conservatives actually did their homework instead of using the sloganeering that is often associated with these types of bills, they would realize a few things. Number one is that mandatory minimum penalties do not work as a deterrent. There is no evidence. I will give a case in point. When criminals are out there committing crimes, they are not thinking of the sentencing provisions in the Criminal Code as a deterrent. No, what they are actually wondering is what the chances are that they are going to get caught while committing the offence. The bigger deterrent is having increased police resources and more intelligence gathering so we can disrupt attempts and not have an after-the-fact solution. Furthermore, on a statement of principle, as New Democrats we remain opposed to the use of mandatory minimum penalties. I do acknowledge that there are some that exist in the Criminal Code as presently written, but there is cold, hard evidence that their use has disproportionately affected indigenous, racialized and poor Canadians. One need only look at Canada's prison population and at the number of racialized Canadians who are inmates there, and then look at their percentages as a part of the general Canadian population. They will see just how disproportionate the statistics are. I also want to say that I firmly believe in the ability of our judges to render appropriate sentencing by taking the existing Criminal Code and case law into account when making their decisions. I will refer members again, as I have with other pieces of legislation that deal with similar subject matters, to section 718.2 of the Criminal Code. This part of the Criminal Code contains sentencing principles that inform a judge on aggravating factors or mitigating circumstances that they can then use when looking at the defendant standing before them to increase or reduce a sentence based on the circumstances of the individual. A mandatory minimum sentence takes all that away. I will point out that the sentence can be increased or reduced for a number of things, such as if there is “evidence that the offence was motivated by bias, prejudice or hate based on race, national or ethnic origin”, and a whole host of factors that, if the crime was committed with those in mind, can lead to an increase of the sentence. There is also a point in section 718.2 of the Criminal Code that, if there is “evidence that the offence was committed for the benefit of, at the direction of or in association with a criminal organization”, that is an aggravating factor. Again, with respect to the bill we have before us, Bill C-381, not only has the House of Commons already voiced its opinion on this matter, but the bill is redundant. One thing I learned as the NDP's justice critic back in 2017 is that the existing Criminal Code is littered with redundancies. It is one of the most inefficient pieces of federal legislation that exists, and many efforts have been made over the years to try to clean it up. There are clauses in the Criminal Code that exist for crimes that are not committed anymore, and there is a terrible amount of redundancy, often because we have bills such as this attempting to amend certain sections of it. On another point, when focusing our efforts on the Criminal Code, it is important for us to understand that it is primarily a reactive instrument. It comes into play after the fact. As a legislator, a policy-maker and a representative of the proud people of Cowichan—Malahat—Langford, I am more interested in tackling the crime before it happens, putting in effective policies, and making sure that people are not enticed into joining gangs and committing crimes on their behalf. I am interested in making sure our police have the right kind of tools at their disposal and can gather important intelligence, so they can break up these criminal elements, which are often preying on the most vulnerable people in our communities. It is also important, again speaking of the Criminal Code, to note that it already has a five-year mandatory minimum sentence for first-time extortionists who use a restricted or prohibited firearm or any type of gun on behalf of a criminal organization. Therefore, this is a completely redundant and unnecessary bill. In conclusion, I want to underline that I understand the concerns of communities throughout Canada on the issue of extortion and the rise of organized crime. I support reversing the cuts that were made to the RCMP organized crime units, which were mandated by the previous Conservative government and have not yet been reversed by the Liberals. The lack of resources has resulted in the rise of the crimes we are witnessing today. We need to provide not only local but also national law enforcement with the resources they need to keep Canadians safe. I prefer that we bolster those resources in organized crime to make sure that crucial intelligence allows them to really confront this problem in a meaningful way. It is very clear that our police services are facing a rise in extortion-related crimes across the country. However, new sentences and laws are not what is needed to tackle this very important issue; rather, police services need the resources to investigate and apprehend those who are committing the offences. We do not need virtue signalling in another Conservative criminal justice bill to do that.
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