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Decentralized Democracy

House Hansard - 316

44th Parl. 1st Sess.
May 23, 2024 10:00AM
Context: House Hansard - 316 - May/23/24
Mr. Alistair MacGregor
Madam Chair, yesterday the House of Commons voted to defeat Bill C-381. There is obviously no evidence that mandatory minimums work as a deterrent. This was in the case of extortion in the Criminal Code. There is even evidence that they might hinder the work of a prosecutor to use plea bargaining to obtain evidence for the arrest of other members of a criminal organization. However, there are legitimate fears among the South Asian community regarding the increase in extortion from criminal organizations. How the minister is dealing with this particularly sensitive issue? How will he be directing his department's resources to address these growing fears?
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Context: House Hansard - 316 - May/23/24
Ms. Elizabeth May
  • May/23/24 10:23:36 p.m.
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Mr. Speaker, one of the things that concern victims and their families is the sort of black box around plea bargaining. Victims' impact statements can happen at the point of an open court, but plea bargaining leaves victims and families out. I wonder if the minister has any thoughts on how Canada could get the balance right to ensure that victims and their families have more access to consideration in the plea bargaining process.
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Context: House Hansard - 316 - May/23/24
Ms. Elizabeth May
  • 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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Context: House Hansard - 316 - May/23/24
Hon. Arif Virani
  • 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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