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Decentralized Democracy

House Hansard - 314

44th Parl. 1st Sess.
May 21, 2024 10:00AM
Context: House Hansard - 314 - May/21/24
Mr. James Maloney (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada, Lib.)
  • May/21/24 6:02:11 p.m.
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Madam Speaker, it is my pleasure to rise today to speak about Bill C-381, an act to amend the Criminal Code on the important issue of extortion, which is something that I and, I expect, all parliamentarians are deeply concerned about. Bill C-381 proposes amendments to the Criminal Code to address the rise in extortion offences. I will focus my remarks today on the proposed amendments relating to mandatory minimum penalties, or MMPs. I want to say at the outset that we know MMPs do not actually deter crime. Our government knows this, and frankly, the Leader of the Opposition knows this. However, he will continue to pretend for political purposes that they do deter crime. Our government is committed to evidence-based policy, not empty sloganeering, to combat crime. The proposed amendments in the bill would reverse reforms introduced by our government in Bill C-5, which reflected the government's commitment to the introduce legislation that takes action to address systemic racism and discrimination in the criminal justice system, while ensuring strong penalties remained in place to target serious crime. Bill C-5 helps address the disproportionate negative impact that MMPs have on indigenous people, Black persons and members of other marginalized communities by repealing all MMPs in the Controlled Drugs and Substances Act as well as a number of MMPs in the Criminal Code for which there was evidence to demonstrate that they contributed to the overincarceration of these populations. MMPs remain for extortion in cases where a restricted or prohibited firearm is used, or where the offence involves a firearm and was committed for the benefit of, at the direction of, or in association with a criminal organization. Such conduct continues to carry an MMP of five years for the first offence and seven years for second and subsequent offences. I know that some will argue that Bill C-5 has weakened the ability of our courts to impose fit sentences, which is completely false. In fact, it is nonsense in my opinion. I think it is important to note here that the maximum sentence for extortion is life in prison. Judges have the option to give the full range of sentences for extortion, depending on the severity of the crime. Courts have repeatedly highlighted the importance of proportionality in sentencing. Giving judges greater flexibility in their ability to impose sentences does not mean that offenders will receive a slap on the wrist or otherwise receive a penalty that does not reflect the seriousness of the crime. Giving judges flexibility ensures that our system works fairly in all cases, and I applaud the effort made by our government to ensure that our criminal justice system is effective, efficient and fair for everyone. Bill C-5 was a significant step forward in addressing the overrepresentation of indigenous people, Black persons and other marginalized communities. To reinstate penalties that could contribute to overincarceration would be contrary to the government's ongoing commitment to tackling systemic racism in the criminal justice system. What is more, research shows that increased use of MMPs has also had significant impacts on the criminal justice system. The Supreme Court of Canada's decision in R. v. Jordan has brought heightened attention to the issue of trial delays. The imposition of MMPs can exacerbate delays in the trial process, as accused persons may be more inclined to exercise their right to trial rather than accept a guilty plea and face a minimum mandatory provision. Evidence also shows that MMPs do not support deterrence from crime. Rather, they increase costs for all levels of government, diverting finite resources from evidence-based crime prevention programs. This is the position taken now by former Stephen Harper legal adviser Ben Perrin. I want to note some of his statements on MMPs. He said, “If history is any judge, [the Leader of the Opposition]’s MMPs may not be worth the paper they’re printed on. What’s worse, even if they do pass constitutional muster, they will only exacerbate the...challenges facing the criminal justice system.” Here is another one: “MMPs are ineffective at reducing crime, may actually increase recidivism, are highly vulnerable to being struck down by the courts as unconstitutional, can increase delays in an overburdened system, and perpetuate systemic racism.” Finally, he states, “[the leader of the Conservative Party]’s idea may actually backfire, leading to more crime in the long term.” While it is true that MMPs can be a tool to denounce criminality, there are more effective ways to denounce criminal offending while avoiding the negative impacts that MMPs have on our criminal justice system. For instance, the Supreme Court of Canada has indicated that increasing maximum penalties is one way that Parliament can denounce and has effectively denounced offending. Again, here I want to note the maximum penalty of life imprisonment for extortion. Other ways that Parliament has effectively denounced certain types of offences include enacting aggravating factors and directing sentencing courts to prioritize denunciation and deterrence in certain cases. Our existing legal framework provides judges with the tools and discretion needed to tailor sentences that reflect the gravity of the offence and the culpability of the offender. While it is important for all parliamentarians to recognize the serious threats posed by the rise in cases involving extortion, sentencing measures in the Criminal Code allow judges to impose stiff penalties in cases where circumstances warrant it, without being constrained by rigid MMPs that may not adequately account for the nuances of each case. This is why we will be opposing the flawed proposal.
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