SoVote

Decentralized Democracy
  • Oct/5/22 2:00:00 p.m.

Hon. David Lametti, P.C., M.P., Minister of Justice and Attorney General of Canada: Thank you, senator, for that question, even though I disagree with the way in which it characterizes the issue. It will always be the case that serious crimes will attract serious penalties and that public security is our number one concern.

What we are doing, honourable senator, is making sure that where there is no threat to public security — and a conditional sentence order is only available when there is no threat to public security and the sentence that would be given would be less than two years. These are cases where incarceration is not the best way forward.

I would point you to recent comments by Justice Michael Moldaver — one of the leading law thinkers in Canada and a recently retired justice on the Supreme Court of Canada — who said that our criminal justice system needs to concentrate its resources on serious crime and should not be turning to incarceration where it is not the best way forward, either for the victim or for society at large.

Again, while you cite serious crimes, where those crimes are serious — and where the situation and circumstances were serious — those will always attract serious penalties. What we are doing here is allowing flexibility for a problem, such as a problematic addiction or another social challenge, to be addressed directly as opposed to using incarceration as a means to address that type of social problem.

To repeat, serious crimes will always carry serious sentences and conditional sentence orders are only available where there is no threat to public security.

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