- Member of Parliament
- Member of Parliament
- Conservative
- Brantford—Brant
- Ontario
- Voting Attendance: 60%
- Expenses Last Quarter: $129,861.80
- Government Page
- Feb/7/23 2:43:20 p.m.
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Mr. Speaker, after eight years of the Prime Minister, Canadians are living in fear. Under his watch, violent crime is up 32%; gang-related homicide is up 92%; and in Toronto last year, 50% of all shooting deaths were committed by those already on bail. However, just yesterday, the Liberals voted against our Conservative motion to fix the bail system that they destroyed.
When will the Prime Minister admit that his flawed bail policies are jeopardizing the safety of all Canadians?
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- Feb/2/23 3:47:30 p.m.
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Mr. Speaker, I am glad to hear that the member supports in principle what the Conservative opposition is proposing by way of this motion.
I have indicated in the crux of my speech that a multi-faceted approach is required. Ultimately, when we look at the bigger picture, this is a very important first step to address that pressing, urgent need across the country. To answer the member's question directly, yes, it is one of many.
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- Feb/2/23 3:45:46 p.m.
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Mr. Speaker, quite frankly, this is not a bill regarding property crime. I hear his comments, and I take them very seriously.
When I talk about a multi-faceted approach, this particular motion deals with one aspect alone. This aspect is that serious repeat violent offenders are routinely being released from criminal bail courts from coast to coast to coast, causing havoc in our streets.
Property crime is important, but what is more important is that the Liberal government should finally heed the calls to action, to quote my colleague, the member for Barrie—Innisfil, who will be talking shortly. The government needs to act.
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- Feb/2/23 3:44:16 p.m.
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Mr. Speaker, what is ludicrous is the proposition that the member put forward.
We are not talking about Stephen Harper. We are talking about the current Prime Minister and the Liberal government. They have broken everything under the sun in the last eight years and are making our communities less safe.
Under former prime minister Harper, we did not have the cry of premiers of every province and territory. We did not hear from police chiefs. We did not hear from police unions. We did not hear from victims crying out for justice reform. If the member for Kingston and the Islands could be quiet for a second since I have the floor, not that member, then I will continue answering the question.
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- Feb/2/23 3:32:58 p.m.
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Mr. Speaker, I wish to inform the House that I will be splitting my time with my colleague, the member for Barrie—Innisfil.
It is always a privilege to stand in this House to speak on behalf of my constituents of Brantford—Brant. After eight years, the Prime Minister and his government are solely responsible for our failing justice system. This is pressing and urgent; bail reform is needed now. Far too often, we are hearing Canadians use language such as “catch and release”, “a revolving door” and “an unequal justice system” to describe the state of affairs in Canadian bail courts.
In my almost two decades of prosecuting in the trenches of our criminal justice system, I have repeatedly witnessed dangerous criminals being released on bail. I am honoured to add my experience working in the criminal justice system to such an important debate. A major concern during my lawyer years was our inability to keep violent repeat offenders off the streets and in custody where they belong. I was unable to vocally criticize the lenient bail system as a Crown attorney, so I made the decision to become a politician to effect change.
The Liberal government wants Canadians to believe it has crime under control with its justice policies and that it is on the right track. I thank our Conservative leader and all my Conservative colleagues for bringing this debate into the House and for showing Canadians that this Liberal soft-on-crime agenda has broken our bail system and eroded confidence in our judicial institutions.
In 2019, to codify the principles outlined in the Supreme Court of Canada case Antic, the Liberals passed Bill C-75. Although it was intended to modernize the bail system, the effect of this legislation was to allow offenders arrested for violent crimes to be released back on the street fast enough to commit other crimes, sometimes on the same day. In fact, this was an occurrence that I routinely saw as a Crown prosecutor. I would often read Crown briefs noting the accused laughed and bragged to the arresting officers that they would be released in hours.
After receiving numerous calls and emails from my constituents, who shared their concerns about Canada's justice system, I met with the Brantford police chief, Rob Davis, and the president of the Brantford Police Association, Constable Jeremy Morton. It was important to learn directly from them what the root causes are and how we as parliamentarians can address them.
Chief Davis shared with me that it is disheartening to all police officers to see that they are doing their job, they are catching people, they are putting them before the courts, they are asking that they be held in custody but they are being released. He said that criminals are brazen and are laughing at the current justice system. He said oftentimes, they are getting back home before the officers do, and the next thing he knows, they are committing twice as much crime. It is a telltale sign of the level of brazenness among criminals. He also reflected on how the system has dramatically shifted and said that criminals' rights have now superseded the rights of victims.
For years, Canadian law enforcement worked hard to build trust in the police and give victims a level of security if they came forward, and the perpetrator was put into the justice system. Now, everything, according to him, is upside down. The Liberal soft-on-crime approach, he says, is bringing the justice system into disrepute, and the concern that law enforcement now has is that if society loses faith in the justice system, we may find ourselves in a situation where citizens will decide to take things into their own hands.
I never thought as a parliamentarian that I would be quoting Oprah Winfrey, but on her show, every Christmas, she would have giveaways. She would point to the audience and say, “You get a car”, or they got another gift. That is precisely what has happened with the Liberal government and the Prime Minister given their approach to the bail system in Canada. With the Prime Minister, for the last eight years we have said, “He gets bail. She gets bail. Everyone gets bail”, regardless of the fact that they have repeated criminal offences on their record, regardless of the fact that they have an outstanding charge and regardless of how serious the charge is.
It is a statistical fact that the majority of serious violent crimes committed in this country are committed by a handful of repeat offenders. For example, in Vancouver alone, 40 offenders were arrested 6,000 times in one year. That is 150 arrests per person, per year. Brantford Police Chief Davis further spoke on this issue and stated that we have entire neighbourhoods that one or two bad apples will terrorize as repeat violent offenders.
The data published by Statistics Canada clearly shows that between 2008 and 2014, under the Harper government, Canada witnessed an annual decrease in the crime severity index. From 2015 onward, this trend changed dramatically.
Since the Prime Minister took office, the number of crimes has grown year after year. Violent crime has gone up 32% in one year. Gang-related killings have gone up 92% since the Liberals formed government. In 2021, there were over two million police-reported Criminal Code incidents, marking an increase of 25,000 incidents since 2020.
Since the fall of 2022, tragically, five Canadian police officers have been killed while on duty. With hundreds of murders in 2021, one Canadian was murdered every 10 hours throughout the year. The 2020 data shows that Canada's homicide rate is roughly double that of the U.K. and France, and four times higher than that of Italy.
Even though the Prime Minister and his government are claiming that Bill C-75 was meant to clear the backlog of people waiting for bail hearings, experts say it has done much more than that. Essentially, the government has told judges dealing with bail applications that they need to make sure anyone accused of a crime is released at the earliest opportunity and on the least serious conditions. Let that sink in. Primary consideration is for the accused, not for the victim and not for society at large. Some judges and justices of the peace feel that the bill has put shackles on them and has resulted in an increase in releases, even by violent offenders.
Last month, all 13 premiers sent a letter to the Prime Minister calling for amendments to keep more people in custody as they await trial. This call was supported by police chiefs, police associations, mayors and provincial attorneys general from coast to coast to coast. Recently, the Toronto police chief opined on the issue of bail reform and argued that only judges and not JPs should be allowed to hear bail cases when serious gun charges are involved.
A multipronged approach to bail reform is required. According to the Supreme Court, everyone is entitled to a speedy trial. However, it can often take years to get to trial. We need to speed up the system so that when criminals show up in court, the judge knows they will get a speedy trial and may be less inclined to bail them out.
The Liberals said they were open to discussions, but that has been their position since the provincial justice ministers raised that issue last March, almost a year ago. Instead, the government has been busy passing Bill C-5 and Bill C-21.
This January, a judge in my riding of Brantford—Brant said that my hometown community is “plagued by gun violence—murders caused by guns and people walking around with firearms. It never used to be as prevalent as it is today.” She said, “Now it’s an epidemic”, and that the Crown should get tougher on offenders.
To put it into perspective, the Liberals and the NDP have ignored the real way that most criminals get their guns under Bill C-21. They eased bail conditions for serious violent crimes under Bill C-75 and decided to put the safety of victims at risk with Bill C-5. The Conservatives have been calling for a balance to the justice system and bail reform for years, but the Liberal Minister of Justice and Attorney General of Canada continues to defend the current system.
I have a very quick primer on bail. Bail legislation reflects the fundamental principles outlined in Canada’s charter that attempt to balance the rights of the accused by upholding the presumption of innocence with public safety and confidence in the system. The law allows for people who are deemed risky to be detained for certain indictable offences, or when confidence in the administration of justice would be undermined by releasing a person into the community.
Canada needs bail reform now to pull back from the failed views put forward by the government. We cannot continue to endanger our communities by letting repeat violent offenders walk freely on our streets and simply wait before they harm somebody. How much more blood needs to be spilled on our streets? How many more police officers need to lose their lives before the government finally acts?
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- Feb/2/23 10:51:28 a.m.
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Mr. Speaker, I encourage the Attorney General and Minister of Justice to reread the Supreme Court of Canada decision released last week. I am looking at it right now, and for the record, it is R. v. Hilbach. In a seven-to-two decision, that particular court indicated that the four- and five-year mandatory minimums for robbery with a firearm and robbery with a prohibited firearm were not grossly disproportionate, did not constitute cruel and unusual punishment and were charter-compliant, but the court opined that, given the results of Bill C-5, the issue was now moot, so I encourage the justice minister to reread that decision.
My point, however, is that I heard him indicate earlier this week that he was open to suggestions and that he was looking for some ideas. He has literally heard from the provinces, police chiefs, premiers and interested parties, for close to 11 months now, crying out for bail reform. He is indicating that talks are in the works.
Be specific, Minister. What are you doing?
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- Nov/24/22 2:48:39 p.m.
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Mr. Speaker, our justice minister is tone deaf. Despite their arbitrary bans and complicated buyback program, gun crime has gone up steadily every year since the Liberals were elected. Gun smugglers, drug traffickers, drive-by shooters and kidnappers can thank the Liberal government, because now they can serve their sentence in the comfort of their own homes.
Once again, will the Liberals stop their soft-on-crime policy and focus on making our streets safer?
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- Nov/24/22 2:47:23 p.m.
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Mr. Speaker, Canadians are terrified. Last year we witnessed the largest number of murders in Canadian history. Fifteen Canadians are being murdered every single week. Since the Prime Minister took office, gang-related killings have doubled. Instead of fighting crime with tougher punishments, the Liberals are making it easier for criminals to get back on our streets to reoffend.
Will the Liberal government stop its soft-on-crime agenda?
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- Sep/28/22 3:11:15 p.m.
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- Re: Bill C-5
Mr. Speaker, since the Liberals formed government, serious violent crime has substantially increased. Homicides alone are up 30%. This is a direct result of the government's soft-on-crime agenda and lack of empathy toward victims. Now, thanks to Bill C-5, weapons trafficking, robbery with a firearm, drive-by shootings, fentanyl trafficking and kidnapping will no longer be punishable by mandatory sentences.
Why does the government continue to advocate for criminals while recklessly neglecting the rights of victims?
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- Jun/9/22 12:48:08 p.m.
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- Re: Bill C-5
Madam Speaker, today we are debating Bill C-5 at report stage. I am profoundly disappointed as a parliamentarian and deeply ashamed as a former Crown attorney that this seriously flawed, reckless and dangerous bill has made it this far in the process.
I left behind a proud and rewarding legal career as a public servant for the Province of Ontario, a career defined by holding criminals accountable for their actions, which ranged from mischief all the way through to and including first degree murder. It was a career further defined by advocating for victims' rights, which is a concept that is completely alien to this virtue-signalling government. Neither this bill nor Bill C-21 makes any reference to the rights and protection of victims.
I was frustrated as a Crown attorney that the judicial system was out of balance. The proverbial pendulum over my career was significantly shifting in favour of the accused at the expense of protecting victims of crime. There must be a balance.
The government will repeatedly make statements in the House that it cares deeply for victims and that their rights matter, but it is simply talk with no action. An example of this lip service is the fact the government has not replaced the federal ombudsman for victims of crime, a position left vacant since last October 1. It is shameful.
It is time to dispel the myths and misinformation coming from the government whenever its members speak about this bill.
Number one, this is not legislation targeted at low-risk offenders. Use of a firearm in the commission of an offence, possession of an unauthorized firearm, possession of a firearm with ammunition, weapons trafficking, importing and exporting of firearms, discharging a firearm with intent, reckless discharge of a firearm and robbery with a firearm are indeed extremely serious violent offences for which judges across this country routinely impose significant jail sentences and often prison on the offenders.
These are not the types of people described by our Attorney General when the bill was introduced. We all remember that story: We are to imagine a young man who has too many pops on a Saturday night and decides to pick up a loaded gun and shoot into a barn. According to our Attorney General, we should feel sorry for this individual, as it would be a cruel and unusual punishment to impose a mandatory minimum penalty.
Number two, this is not legislation that would reverse former PM Harper's Safe Streets and Communities Act. Several of the charges outlined in Bill C-5 include mandatory minimum penalties that were introduced by Pierre Elliott Trudeau in 1977 and Jean Chrétien in 1995, two Liberal majority governments.
Third, according to the government and supported by its NDP partners and Green Party members, mandatory minimums are ineffective in reducing crime or keeping our communities safe. The simple fact is that if they actually believed this, instead of virtue signalling to Canadians, they would table legislation to remove all mandatory minimums. There are 53 offences that would remain in the Criminal Code if this bill passes. This includes impaired operation of a vehicle. Apparently it is important to hold drunk drivers accountable while allowing criminals and thugs to terrorize our communities by shooting up our streets.
The fourth point is that according to the government, courts from across this country, including appellate courts and the Supreme Court of Canada, are striking down mandatory minimum penalties as being contrary to the charter. For reasons previously described, mandatory minimums introduced by previous Liberal governments have been upheld by various courts for over 40 years.
Five, this is not legislation targeting people charged with simple possession. Bill C-5 would eliminate six mandatory minimums under the CDSA, the Controlled Drugs and Substances Act. These include the very serious offences of trafficking, importing, exporting and production of controlled substances. Drugs such as fentanyl and carfentanil are the most deadly and lethal form of street drugs, and an amount the size of a grain of salt is capable of killing an elephant. These drugs are not serious enough for the government. These are the same drugs that are causing an opioid crisis that results in daily overdoses and deaths. Do these killer criminals deserve mercy from the Liberal government? What has this country become?
Finally, this legislation is supposed to address racism and reduce the over-incarceration of Black Canadians and indigenous offenders.
The Alberta minister of justice, Kaycee Madu, a Black Canadian, noted:
While Ottawa’s new justice bill...contains some reasonable measures, I am deeply concerned about the decision to gut tough sentencing provisions for gun crimes...
Removing tough, mandatory penalties for actual gun crimes undermines the very minority communities that are so often victimized by brazen gun violence. I also find it disingenuous for Ottawa to exploit a genuine issue like systemic racism to push through their soft-on-crime bills.
I have prosecuted in the trenches for close two decades, unlike the Attorney General and members of the Liberal government. I can state on authority that the overriding sentencing consideration associated with the crimes relating to Bill C-5 are denunciation, deterrence and separation from society. In other words, it does not matter one's gender, ethnicity or race. Upon conviction, criminals are going to jail, period. It is time for the government to be honest with Canadians and accept that Bill C-5 will not substantially address the over-incarceration issue.
Throughout the entire time this bill has been debated, I and other colleagues, most notably the member for Kamloops—Thompson—Cariboo, have argued that there is a compromise for the government to consider. A constitutional exemption to all the charges outlined in the bill would give trial judges the legal authority to exempt criminals from a mandatory minimum penalty if they belong to a vulnerable population that is overrepresented in the criminal justice system and who are disadvantaged with regard to sentencing. This exemption would preserve the mandatory minimum penalties, but give judges the flexibility to craft an appropriate sentence. My amendment to this bill at committee was summarily dismissed by the Liberal chair as outside the scope of the study, which is shameful.
Brantford police chief Rob Davis, the only indigenous leader of a municipal police service in Ontario, testified at committee: “With Bill C-5 and the proposed changes now, we are going to see sentencing become a joke”. He continued, “With...turning sentences into conditional sentences...the justice system is being brought into disrepute. People will operate with impunity and the victims' rights are going to be given away [for] the rights of the criminal.”
Chief Davis also said, “Victims of communities will live in fear of gun violence and fearful of retaliation by armed criminals, and people will continue to overdose”.
The committee also heard from Chief Darren Montour from the Six Nations Police Service, whose testimony was clear. He stated:
...proposed conditional sentences for violent offences will not deter offenders from committing further crimes. We are not in a position to continuously monitor sentenced offenders to ensure their compliance with...restrictions handed down by the courts. Police services across the country, and especially those within indigenous communities, are significantly understaffed. We are continuously asked to do more with less, and we cannot sustain this workload.
He also stated that he can appreciate the statistics regarding the over-incarceration issue, “but along with the rights of offenders, victims and victims' families deserve rights as well.”
Hundreds of Canadians from coast to coast signed the petition on my website, which I recently presented in the House. They called on the government to immediately withdraw Bill C-5. Here is a news release for the Liberal government: Canadians are terrified at the prospect that criminals convicted of sex assault and kidnapping will also enjoy serving that sentence in the comfort of their homes, the very same homes in which they committed their crimes. It is deeply shameful.
The number one priority for the federal government is to keep Canadians safe. The government has been derelict in its responsibility.
I, together with my Conservative caucus members, will always stand on the side of victims and keeping our communities safe by holding criminals accountable for their actions. I will be very strongly voting against this bill, and I encourage all members in the House to do the same.
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Mr. Speaker, those are more words and no action.
Contrary to the government's claim, Bill C-21 is not about getting tough on crime and it is not targeted at the gang members who are shooting up our streets. On the one hand, the Liberals try to increase the maximum penalty, yet they push eliminating mandatory minimum sentences for a number of serious gun crimes under Bill C-5. Also, let us not forget that last year they voted down the Conservatives' bill that proposed making the punishment harder for criminals using smuggled guns. It is shameful.
When will the Prime Minister put the rights of victims first and commit to ending his soft-on-crime agenda?
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- Feb/19/22 11:04:59 p.m.
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Madam Speaker, will this member speak on behalf of the Prime Minister and condemn what is happening in the B.C. Interior? There were 20 masked men armed with machetes and axes who attacked a group of pipeline workers causing millions of dollars in damage. Is he prepared, on behalf of the Liberal government, to condemn that type of activity?
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- Dec/14/21 1:49:11 p.m.
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- Re: Bill C-5
Madam Speaker, I welcome this opportunity to speak today on Bill C-5, a seriously flawed and dangerous piece of proposed legislation. My commentary and opinion on this are shaped by my experience as a lawyer for almost 30 years, the last 18 years as a Crown attorney for the Province of Ontario.
A week ago today, members in the House stood in solidarity to honour and remember the victims of the Montreal massacre. Fourteen women were murdered, and 10 women and four men were injured. That day was an opportunity for the House, and especially the Prime Minister and his government, to stand strong against all forms of gun violence and to inform Canadians in very clear terms that they would take immediate steps to curb the ever-increasing tide of this criminal behaviour. What is most disturbing is that, less than 24 hours removed from this commemoration, the justice minister introduced Bill C-5, which was a tone-deaf and ill-timed response from this government.
The Prime Minister in the last election promised peace, order and good government. He said that Canada needs leadership that would not back down in the face of rising extremism and that he would take action to put an end to gun violence in our communities. Bill C-5 is the complete opposite of this pledge and proves to be another example of virtue signalling to all Canadians.
Bill C-5 is identical to Bill C-22, which was first introduced in the last Parliament. That bill never made it past the second reading before the unnecessary federal election was called. The bill would eliminate mandatory minimum penalties for 14 of the 67 offences in the code, 13 for firearm offences and one for a tobacco offence. Notwithstanding what we have heard over the last week by the justice minister and his government, this dangerous bill is not targeted at less serious gun crime.
As an example, let us take a look at section 244(1) of the code, which reads:
Every person commits an offence who discharges a firearm at a person with intent to wound, maim or disfigure, to endanger the life of or to prevent the arrest or detention of any person
I would ask any member of the House to somehow convince me that that would constitute a less serious gun offence.
The bill would also eliminate all six mandatory minimums for offences under the Controlled Drugs and Substances Act. These include the very serious offences of trafficking, importing and exporting, and the production of controlled substances. I invite members to think about that for a moment. This soft-on-crime, ideologically driven Liberal government believes that those who traffic and produce fentanyl, the most deadly and lethal form of street drug, which is being sold to millions of addicts, is causing an opioid crisis, and results in daily overdoses and deaths, should not expect to receive a minimum period of incarceration. It is utterly shameful and dangerous.
As a rookie member and political aficionado in Ottawa, I have repeatedly heard a false narrative from the Prime Minister and his government that Prime Minister Harper is to blame for everything that has gone wrong in this country. Perhaps it is about time for this government to engage in some self-reflection.
Contrary to the justice minister's talking points about the government “turning the page on a failed Conservative criminal justice policy”, the fact remains that it is keeping the other 53 mandatory minimums in the code intact and keeping most of the ones introduced by the Conservative Party. The justice minister needs to be reminded that it was former prime minister Pierre Elliott Trudeau in 1977 and prime minister Jean Chrétien in 1995 who introduced several mandatory minimums for firearm offences.
These penalties have been rooted in our criminal justice system since the early 1890s. Legislators, over the decades that followed, have relied upon mandatory sentencing tools to mitigate inconsistencies in the exercise of judicial discretion. A key feature of our system of government is that Parliament constantly reviews all legislation and passes new legislation to ensure its laws, including sentencing laws, properly align with the demands of justice. Those demands of justice speak very clearly that there is a tremendous increase in gun violence across this country.
Conservatives believe that serious violent offences committed with firearms deserve mandatory prison time. If government members will not take our word on this subject, then perhaps they will listen and reflect on what eloquent jurists have said about gun violence in our communities.
Firearm use and possession is not a momentary lapse in judgment. Heavy regulation of firearms and ammunition mean that those who possess them had to make a concerted effort to do so. A person does not stumble upon an illegal handgun. There is a process of purchasing from a trafficker and secreting the handgun to avoid detection and prosecution. There is a high degree of deliberation and contemplation. Loaded firearms, especially in public, add a dimension of heightened risk.
Hear the words of Justice D. E. Harris:
A person with a gun in their hands has a god-like power over life and death. Virtually all that is necessary is to point at another person and to apply a few pounds of pressure on the trigger in order to end a human life.... The ease of killing with a gun...is an exigent danger to us all.
He said, “Such immense power with so little reason must be opposed with everything at our disposal.”
Listen to these chilling words from Justice Molloy in the decision of Ferrigon:
A person who loads a handgun with bullets and then carries that handgun, concealed on his person, into a public place is by definition a dangerous person. Handguns are used to shoot people. A person who carries a loaded handgun in public has demonstrated his willingness to shoot another human being with it. Otherwise there would be no need to have loaded it. That person is dangerous. He is dangerous to those with whom he associates; he is dangerous to the police and other law enforcement personnel; he is dangerous to the members of his community; he is dangerous to innocent bystanders, including children, who may be killed or maimed by stray bullets.
According to Public Safety Canada, violent crime involving firearms is a growing threat to public safety in our communities. Gun violence is on the rise: an 81% increase in violent offences involving guns since 2009; one in three homicides in Canada are firearm related; and 47% of Canadians feel gun violence is a threat to their community. Gun violence impacts people and communities across Canada. It happens in urban, suburban and rural communities across every province and territory, in all age and socio-economic groups and, last, among those who own guns and those who do not.
This is a moment in time to strengthen our gun laws to emphasize the principles of denunciation and deterrence. This is not the time to advance a soft-on-crime bill that puts communities and victims at risk.
Mandatory minimum sentences are an important tool for ensuring, not inhibiting, justice in sentencing. Rather than eliminating a judge's ability to assess a proportionate sentence, mandatory minimums set a stable sentencing range for an offence, permitting citizens to understand in advance the severity of the consequences that attend the commission of that offence.
The justice minister stressed that Bill C-5 was not aimed at hardened criminals but at first-time low-risk offenders. He was quoted on December 8, stating:
Think about your own kids. Perhaps they got into trouble at some point with the law. I bet you would want to give them the benefit of the doubt or a second chance if they messed up. Well, it is a lot harder to get a second chance the way things are now...
That is such a disturbing message from the Minister of Justice and Attorney General of Canada. I cannot think of any other example of being tone deaf to the obvious. We are indeed focusing on serious violent offenders and not misguided, mischievous youthful first offenders.
The Liberal government claims the bill is to address racism in Canada's criminal justice system. As noted by the Alberta minister for justice, Kaycee Madu:
While Ottawa’s new justice bill...contains some reasonable measures, I am deeply concerned about the decision to gut tough sentencing provisions for gun crimes....Removing tough, mandatory penalties for actual gun crimes undermines the very minority communities that are so often victimized by brazen gun violence. I also find it disingenuous for Ottawa to exploit a genuine issue like systemic racism to push through their soft-on-crime bills.
As a former Crown attorney, I am very much aware and wholeheartedly accept that there is a disproportionally higher rate of incarcerated indigenous and Black Canadians. We as parliamentarians have the tools necessary to put into place measures to address this problem. We already have principles that mandate jurists to consider the background of indigenous offenders.
The Liberal government last year committed $6.6 million to produce better informed sentencing decisions based on an understanding of the adversities and systemic inequalities that Black Canadians and members of other racialized groups faced.
Furthermore, Parliament has an opportunity to put into place a safety valve known as a constitutional exemption that would allow judges to exempt outliers for whom the mandatory minimum would constitute cruel and unusual punishment.
This flawed and dangerous bill would also substantially alter the conditional sentence regime, which would now allow such a sentence to be imposed for sex assaults, criminal harassment, kidnapping, human trafficking, arson and abduction.
What I found most ironic is that yesterday we heard from the justice minister that this legislation would reduce a significant amount of charter challenges and speed up the disposition of criminal cases. What he failed to address was how the changes to the conditional sentence regime would result in a plethora of increased litigation as the proposed amendments were lawfully unavailable.
A condition precedent to the availability of the conditional sentence is that a justice must be satisfied that serving a sentence at home would not endanger the safety of the community. Offenders convicted of sexual assault, criminal harassment, kidnapping and abduction are indeed dangerous.
Furthermore, section 752 defines the above offences as a serious personal injury offence, which the provincial appellate courts have consistently excluded from conditional sentence consideration.
The number one priority for the federal government is to keep Canadians safe. The Liberal government has been derelict in its responsibility. This soft-on-crime, ideologically driven bill needs to be defeated.
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