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House Hansard - 314

44th Parl. 1st Sess.
May 21, 2024 10:00AM
Context: House Hansard - 314 - May/21/24
Ms. Kristina Michaud (Avignon—La Mitis—Matane—Matapédia, BQ)
  • May/21/24 5:30:47 p.m.
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Madam Speaker, I am very pleased to speak to Bill C‑381. This is a private member's bill introduced by a member of the Conservative Party. It fulfills a promise made earlier this year by the leader of the Conservative Party. He said that if his party came to power, he would establish mandatory minimum prison sentences for individuals convicted of extortion. We have already heard my colleague from Rivière-du-Nord explain the Bloc Québécois position on this matter. We support the bill in principle. It is quite a simple bill. It would change the text of the Criminal Code to “amend mandatory minimum penalties in relation to the offence of extortion, including when the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization”. It proposes a mandatory minimum penalty of three years for extortion and the reinstatement of a four-year mandatory minimum sentence for extortion with a non-prohibited firearm. The mandatory minimum sentence was repealed by Bill C-5. The Conservative Party wants it to be reinstated. The bill also speaks of a five-year mandatory minimum sentence for extortion “for the benefit of, at the direction of, or in association with, a criminal organization”. Moreover, the bill proposes to “add arson as an aggravating factor for the purposes of sentencing when a person is convicted of extortion”. It is quite simple. As I said the Bloc Québécois supports the principle of this bill. We would like it to be referred to committee so we can study it in more detail. Given the rise in crime, I believe this bill is important. In Canada, extortion is often committed during auto thefts, which are also increasing nationwide. Recently, we have seen newspaper reports of armed robberies and physical assaults when offenders tried to steal cars from ordinary citizens. I think this bill is very relevant. At the same time, it gives us the opportunity to set the record straight about the Bloc Québécois's position on Bill C-5. During study of this bill, the member for Rivière-du-Nord proposed an amendment to reinstate the mandatory minimum sentence for extortion with a firearm. This position became somewhat lost in the debate. We often heard the Conservative Party, with its slogans, say that the Bloc Québécois was helping the government in its efforts to let criminals serve their sentence at home. This has confused people a bit. It is important to clarify what happened. I would like to remind members that Bill C-5 dealt with the repeal of certain mandatory minimum penalties. The Bloc Québécois is in favour of repealing minimum penalties, except for crimes against people. We believe that if mandatory minimums are to be maintained, at the very least judges have to have the necessary latitude to occasionally depart from them with justification. This proposal was made by the Bloc Québécois, but it was rejected. That is why we voted in favour of Bill C-5 in the end. This proposal was rejected, but let me point out that the bill dealt with something else. It was proposed that Bill C‑5 be split in two, because it dealt with two completely different topics. There was also the part on diversion measures for simple drug possession offences. We were in favour of those diversion measures. That put us in a rather difficult position. We even tried to amend Bill C-to make it more reasonable, but our amendment was rejected. We support abolishing mandatory minimum penalties for less serious crimes, as we recognize that these types of penalties are not necessarily effective in dissuading criminals from committing a crime. They can also needlessly increase the size of prison populations. Police officers who were recently invited to the Standing Committee on Public Safety and National Security to speak about the rise in auto theft in the country said as much. I asked them if the offenders or youths who were associated with street gangs were aware of the sentences connected to crimes they were preparing to commit. We often hear, in political circles, certain parties say that increasing sentences will solve all the problems. I thought that maybe criminals were aware of the sentences associated with the crimes they wanted to commit, or maybe not at all. I asked if that made any difference to them. The police officers explained that criminals were well aware of the sentences associated with the crimes they were going to commit, but decided to commit those crimes anyway. Nevertheless, we believe that maintaining mandatory minimum sentences for violent crimes is justified because legislators have the legitimate authority to rank crimes in order of severity, and mandatory minimum sentences ensure that the penalties reflect that ranking. Obviously, mandatory minimum sentences are not perfect. Because they apply to everyone convicted of a particular crime, they sometimes lead to unjust sentences. That is why the Bloc Québécois wanted the Criminal Code to include a notwithstanding clause to allow judges to depart from minimum sentences in exceptional circumstances. That is what lawyer Julie Desrosiers reminded us when we were studying Bill C-5: One thing for certain is that if you decide to keep minimum sentences in certain cases, you should also provide a possibility of making an exception to them in exceptional circumstances. In fact, that is what my colleague, Mr. Henry, suggests. In other words, you prescribe a minimum sentence, but you give discretion back to judges not to apply it in exceptional circumstances. Exceptional circumstances do exist. The reality is complex, and it isn't just hardened criminals who sell guns to children. The courts have to manage all sorts of situations, and sometimes it is not appropriate to apply a minimum sentence. That is what this lawyer told the committee. Let us not forget that gun crime has surged in recent years. Canada's rate of firearm-related violent crime was 36.7 incidents per 100,000 population in 2022, and the increase is mainly attributable to increases in Ontario, New Brunswick and British Columbia. In this context, I believe that we, as legislators, must send the public a message that violent crime is unacceptable and, above all, that it is punishable by law. Lastly, while we note and condemn the fact that certain communities are overrepresented in Canadian prisons, we reject the Liberal-NDP suggestion that mandatory minimum sentences must be abolished to reduce their sentences. We do not see it that way. When an individual commits a crime, that individual must be held accountable for their actions, pure and simple. If the government is sincere about wanting to reduce Canada's prison population, I think it needs to invest in giving people the resources they need and, above all, in providing genuinely equal opportunities for all communities in Canada. Let us return to gun crime. Despite what it is saying today, during our study of Bill C-5, the government chose to maintain its position on abolishing mandatory minimum sentences for serious crimes. It is important to say that the Bloc Québécois opposed these amendments. For example, the government deleted the mandatory minimum sentences from subsection 244(1) of the Criminal Code, concerning discharging a firearm “with intent to wound, maim or disfigure, to endanger the life of or to prevent the arrest or detention of any person”, and from subsection 346(1), regarding extortion with a firearm. These are serious crimes. It is essential that such crimes be punished according to the degree of violence involved and the consequences for the victims. This was our position during the study of Bill C‑5, and our stance has not changed. It is unreasonable for someone convicted on such charges to get off with a paltry sentence or a conditional discharge. The public judges the justice system harshly, and with good reason, when the courts are too lenient with criminals who are prepared to use firearms to terrorize their victims. On this matter in particular, we will always stand firm. I would like to return briefly to organized crime. Although the provisions of the bill are legitimate and relevant, I believe the Conservatives seem to be unaware of the burden of proof required under the Criminal Code to establish ties with organized crime. In recent years, we have seen growing numbers of young people, sometimes minors, commit violent crimes without necessarily being affiliated with a criminal organization. This is especially true for auto theft. Madam Speaker, you are signalling that my time is up. I did not get the message. We will be voting in favour of Bill C‑381.
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