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Decentralized Democracy

House Hansard - 336

44th Parl. 1st Sess.
September 16, 2024 11:00AM
Context: House Hansard - 336 - Sep/16/24
Mr. Alistair MacGregor (Cowichan—Malahat—Langford, NDP)
Mr. Speaker, I wish a good morning to you and to all of my colleagues in the House. I trust that everyone had an enjoyable summer back in their ridings. Here we are on the first day back. I am pleased to rise today during Private Members' Business as the NDP's public safety critic to share some of my thoughts on Bill C-379. I know that the member for Prince Albert, who introduced the bill, is coming at this issue with sincerity. I think every member in the House, no matter what political party we belong to, understands that the issue of car thefts in Canada is serious. It is not a victimless crime. We all represent communities that have suffered from it. It is certainly something for which we need an all-encompassing policy response to effectively deal with it. The bill before us today, Bill C-379, is a relatively short bill, as most private members' bills are. Essentially, the main part of the bill is seeking to increase the minimum term of imprisonment for repeat offenders from six months to three years. Before I get into a discussion of the bill itself, I want to acknowledge the severity of car thefts in Canada. I am a member of the House of Commons Standing Committee on Public Safety and National Security. That committee has been conducting a study into this very issue, and we are getting close to when we will be able to hopefully table a report in the House of Commons with recommendations for the government. That report, of course, will be based on the full spectrum of witness testimony we heard at committee. To put this in context, there has been a significant increase in vehicle thefts across the country. According to Statistics Canada, there were 83,416 vehicle thefts recorded in 2021. Then a year later, in 2022, that number jumped to 105,673, which is a significant increase in just one year's time. Between February 26 and May 23 of this year, the public safety committee held six meetings, with a total of 42 witnesses, and 11 briefs were submitted. Committee members were also invited to take a trip to the port of Montreal, so they could see in person what CBSA operations are like there and some of the challenges that CBSA members deal with in how they inspect containers, because that is the primary port through which stolen cars in Canada exit our country to find lucrative markets abroad. It is a very big problem. There is an incredible amount of transnational criminal organization that goes into these operations, and the payoff can be quite significant. For one stolen car, people can fetch a price of anywhere from $30,000 to $60,000, or even higher. It is a significant return on the investments that criminal organizations make to do this. However, I would like to underline this point by encouraging members to wait for that report so that we can review the recommendations within it. I do believe that, to effectively deal with this problem, we need an all-encompassing and holistic approach, which would rely on not only criminal law but also a variety of policy measures and programs, to tackle it. The main problem I have with the bill is its reliance on mandatory minimums as a cure-all for a very real and complex problem. The reason for that is that, if we look at the evidence, and there is a tremendous amount of evidence out there, it shows very clearly that mandatory minimum sentences produce substantial harm with no overall benefit to crime control. That is our guiding star in this debate. We want crime control. We want to see it come down. The evidence, which is very clearly available, shows that mandatory minimums do not have a beneficial effect on that. They represent an intrusion of the legislative branch into an area that is under judicial jurisdiction. They constrain judicial discretion. There is evidence that they deepen racial disparities in the criminal legal system and cause far-reaching harm to individuals, families and communities. I say this in the context that auto theft, the crime itself, is not victimless. We have to keep it in balance that, when a person experiences a car theft, it is a very real problem we must address, and it causes a significant amount of hurt in our communities. However, I firmly believe, and the evidence bears this out, that sentences must be based on individual contextual factors relating to each offence and each offender, rather than on one-size-fits-all legislated minimum sentences, which often result in ineffective, expensive and unduly harsh periods of incarceration. The John Howard Society has done a meta-analysis of 116 studies on this subject from both Canada and the United States. It is a massive analysis of the literature and evidence that is out there. One of the main findings is “custodial sanctions have no effect on reoffending or slightly increase it when compared with the effects of noncustodial sanctions such as probation.” I do not want to beat a dead horse on this fact. Members here have a variety of tools at their disposal. They have the Library of Parliament and can read that same evidence, but this point needs to be hammered home: It is very clear that mandatory minimums do not deter crime. There is evidence that, if we put in lengthier periods of incarceration, we could actually see an increase in recidivism among offenders, and that is certainly not a result that we are aiming for. I also want to talk a bit about the cost because, in addition to the fact that mandatory minimums affect indigenous, Black and racialized Canadians in a very disproportionate way, there is also the fact that the cost of housing an inmate in a federal institution has now reached $428 a day. If we multiply that by 365, we see that the cost for an individual in a federal institution, per year, is $156,220. That is an astonishing cost to taxpayers and far more expensive than crime prevention and social outreach programs, which often have much better results and a far better track record. If we were to take that cost, which is a fact borne out by the statistics, under the member's proposed Bill C-379 and its mandatory minimum of three years, we are looking at an expenditure of nearly half a million dollars per person convicted under this change to the law alone. Anyone who is sentenced for over two years is automatically placed in a federal institution, whereas those sentenced to two years less a day are under provincial jurisdiction, but those provincial incarceration costs are relatively similar. I am not saying that jail time is not justified in certain cases, but I maintain that this is up to the trial judge to determine, given the facts of the case and the nature of the accused who is before the judge. We should be putting far more resources into a variety of programs, such as the training resources for youth program or the help eliminate auto theft program, which has had very good success in the province of Manitoba since 2014 and 2015. Those results showed a 30% reduction in gang involvement. The results also indicated that 95% of the people did not receive new charges while in the program, 93% of the property offenders in the program did not receive new charges, there were zero new auto theft charges during the program period and 95% of the participants did not receive new offences against person-related charges. If we look at those results and the cost of these programs, compared to the $156,000 per year to put someone in a federal institution, we see that the cost of these programs ranged anywhere from $7,000 to $10,000 per participant, and they had amazing success rates. I do not want it to escape the Conservatives that, during their time under the Harper government, there were significant cuts to the RCMP budget and the CBSA budget, which put us in the position we are in now. Just last year, in December 2023, the Conservatives voted against the estimates that provided important funding to the RCMP, the CBSA and Public Safety Canada. In conclusion, New Democrats want to see action against the auto theft crisis, but we want to see investment in those prevention programs that obviously have a track record and are more cost effective to the taxpayer. On that, I will stick by my principles. Despite all the rhetoric from the Conservatives, they know that the evidence does not support their argument. What is borne out by the evidence is that crime prevention programs are where we need to be putting those smart taxpayer dollars for effective results.
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Context: House Hansard - 336 - Sep/16/24
Hon. Michelle Rempel Garner (Calgary Nose Hill, CPC)
moved for leave to introduce Bill C-412, An Act to enact the Protection of Minors in the Digital Age Act and to amend the Criminal Code. She said: Mr. Speaker, I am pleased to rise and introduce this bill that would ensure that Canadians are protected online without infringing upon their civil liberties. Canadians are paying the price from a failure of the Liberals to provide necessary protection from online threats while they create costly censorship bureaucracies. This common sense legislation would modernize existing criminal offences to protect Canadians from harm as it occurs online with special provisions to protect minors. The bill would modernize the existing crime of criminal harassment to address the ease and anonymity of how it happens online, would provide mechanisms specifically designed to protect minors who are online and would update Canada's existing laws on the non-consensual distribution of intimate images to ensure that the non-consensual distribution of highly realistic intimate images created by artificial intelligence is criminalized, while preserving the existing provisions in current law about fair use. Canadians need a common sense approach to tackle criminal harassment online, while ensuring that their civil liberties are protected, and this bill would do just that.
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