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Decentralized Democracy

House Hansard - 316

44th Parl. 1st Sess.
May 23, 2024 10:00AM
  • May/23/24 7:14:40 p.m.
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Mr. Speaker, as I have indicated in this chamber, there is already a mandatory minimum sentence in place for people who are repeat offenders for auto theft.
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  • May/23/24 8:32:55 p.m.
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Madam Chair, there is a mandatory minimum penalty in place for people who use a restricted or prohibited firearm. The—
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  • May/23/24 8:33:15 p.m.
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Madam Chair, the hon. member should know that is categorically incorrect, and I encourage him to read the Criminal Code. If someone commits an extortion with a prohibited firearm, that person is subject to a mandatory minimum.
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  • May/23/24 8:33:33 p.m.
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  • Re: Bill C-5 
Madam Chair, there is a mandatory minimum penalty that is in place right now that was unchanged through Bill C-5. If someone does use—
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  • May/23/24 8:34:21 p.m.
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Madam Chair, I would encourage the member to read the Criminal Code. The mandatory minimum remains in place for extortion that is committed with violence with a restricted firearm.
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  • May/23/24 8:34:59 p.m.
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Madam Chair, we know it is on the rise since 2015 because of soft-on-bail policies. Does the minister think a four-year mandatory minimum is too long for a criminal who commits extortion with a gun, yes or no?
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  • May/23/24 8:35:13 p.m.
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Madam Chair, the mandatory minimum penalty to which I am referring is actually larger than what the member just quoted. It is a seven-year mandatory minimum penalty, which is appropriate in those circumstances.
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  • May/23/24 10:24:35 p.m.
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Mr. Speaker, I also recall that when we were debating that and other issues in this place relating to mandatory minimums, there was a fair degree of evidence and concern that as jurisdictions used mandatory minimums, that tended to decrease what a judge did at the moment of sentencing and increase the likelihood of plea bargaining, as defence lawyers realized they were not going to have much option because there was a mandatory minimum associated. I wonder if the minister has any thoughts on whether plea bargaining is more likely when there are mandatory minimum sentences over many offences.
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  • May/23/24 10:25:17 p.m.
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Mr. Speaker, I understand the gist of the member's question, but what we have seen in tracking the data is that when there is a mandatory minimum in place, it actually results in longer processes because plea bargaining does not occur as frequently, because the nature of the minimum penalty is already entrenched in law. That has resulted in more judicial resources and more delays. In fact, Ben Perrin, who is the individual who has been involved with a great deal of mandatory minimum considerations, a former adviser to Stephen Harper, described them as “a grave policy failure and cheap politics” and said, “Poilievre's idea may actually backfire, leading to more—
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  • May/23/24 10:27:08 p.m.
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Mr. Speaker, what I would say with respect to the Impact Assessment Act is that we have looked at the Supreme Court decision from October 2023, and I am very confident that the proposed amendments would address the concerns identified by the court and establish a robust and constitutional impact process. With respect to the mandatory minimum piece, I would quote David Daubney, a former Conservative MP, who said, “The proliferation of mandatory minimum sentencing will lead to fewer guilty pleas, significant processing delays, big increases in the number of accused persons awaiting trial in already overcrowded”—
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  • May/23/24 10:37:05 p.m.
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  • Re: Bill C-5 
Mr. Speaker, what was the minimum sentence for robbery with a firearm prior to Bill C-5?
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  • May/23/24 10:37:23 p.m.
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  • Re: Bill C-5 
Mr. Speaker, it was section 344, but what was the mandatory minimum sentence for robbery with a firearm prior to Bill C-5?
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  • May/23/24 10:37:47 p.m.
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  • Re: Bill C-5 
Mr. Speaker, did Bill C-5 eliminate the non-restricted mandatory minimum penalty, yes or no?
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  • May/23/24 10:38:10 p.m.
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Mr. Speaker, is there still a mandatory minimum penalty for robbery with a non-restricted firearm, yes or no?
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  • May/23/24 10:38:22 p.m.
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Mr. Speaker, as I mentioned earlier in today's discussion, there remains a mandatory minimum penalty for people who are involved in a robbery with a restricted firearm, of five—
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  • May/23/24 10:39:25 p.m.
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Mr. Speaker, if there are drive-by shootings with no mandatory minimum penalty, are you okay with that? An hon. member: I have a point of order.
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