Senator Gold: Respectfully, I do not. Decisions as to whether charges should be laid are made through a process involving police and Crowns and the like. The judge — she or he — performs an important role at the sentencing stage. It’s in evaluating all the circumstances and the nature and reasons for the charge that Bill C-5 would return discretion to the judges, which was earlier eliminated precisely because it is in those rare circumstances where to imprison somebody would be unjust and not in the interests of public safety that conditional sentence orders are the appropriate response in the interest of public safety.

Senator Dalphond: Don’t you think the real problem is the root cause of this violence? That the real answer is to address the real cause of this violence — that jail is not the answer to it, that three months or three weeks in jail is not going to change a person, that the judge should impose conditions that the person go to therapy to follow some education to better understand his reaction and to have to wear a bracelet that will signal to the victim he’s coming by? Don’t you think three weeks in jail is not protecting the victim enough? There are other ways. We have to address the real issues. It may be sensational to say, “He shall serve three weeks in jail because he did something to deserve jail,” but is that the answer?

Senator Pate: Many of us are well aware of Chancellor Sinclair’s numerous well-deserved honours, his leadership at the bar and on the bench as the first Indigenous judge appointed in Manitoba and the second in Canada and his work exposing Canada to the human rights and Charter violations, systemic discrimination and overrepresentation in the child welfare and criminal legal systems, including issues of murdered and missing Indigenous peoples that dates back decades. He co-chaired the Aboriginal Justice Inquiry of Manitoba and the Truth and Reconciliation Commission. Since issuing the report in 2015, his commitment to seeing all 94 Calls to Action implemented has not wavered. Most recently, he urged us to fix Bill C-5 to meet the Calls to Action that address the mass incarceration of Indigenous peoples by freeing judges from the shackles of mandatory minimum penalties.

With wisdom, thoughtfulness and clarity, he continues to urge and inspire all of us to do and be better.

Senator Christmas is also a brilliant leader and advocate with a kind and generous heart. He has worked tirelessly to safeguard Mi’kmaq sovereignty and treaty rights in Nova Scotia and urge reconciliACTION. Before coming here, Senator Christmas was instrumental in taking his community from near bankruptcy to its current circumstances of being one of the most successful and thriving First Nations in this country. In his home community of Membertou and elsewhere, he continues to work to address the persistent challenges that too many face at the hands of discriminatory attitudes and systems that persist.

Senator Christmas’ outstanding achievements and service have been previously recognized with numerous awards and honorary degrees, and among the mountain of his contributions here, many of us will always remember his most touching tribute to his World War II veteran father.

Honourable senators, please join me in celebrating the wonderful recognition of these two amazing, inspirational and fabulous leaders. Meegwetch. Thank you.

Senator Gold: Thank you for the question. I won’t repeat the criteria that are set out in the Criminal Code, which make it clear that the offence must be one for which the judge would otherwise not impose a sentence of over two years, that there is no risk to the victim and that there’s no risk to public safety under all sentencing provisions. Therefore, it is case by case, and it is circumstance by circumstance.

Let us take the example of kidnapping, if I may. It’s a horrible crime when we imagine taking somebody, confining them against their will, locking them up and all the horrible things that unfortunately happen not only in TV shows but in real life — horrible things, indeed. But it could also apply, technically, to blocking an exit in the heat of a fight or to a prank that has simply gone too far. Indeed, unfortunately, and tragically in some cases, these actions take place when there are disputes around custody or care of a child.

I repeat, colleagues, and in response to your question, Senator Batters, that the judge has the discretion to take all the circumstances into consideration but is obliged by law to not grant a conditional sentence order if there is a risk to the collectivity, a risk to the victim or would otherwise be inappropriate given the objectives of the criminal law. In that regard, I think we should support the bill and reject this amendment.