Perhaps I could speak to that.
One of the problems in the entire criminal justice system right now is that in adding this kind of a minimum sentence to certain provisions, it becomes more complex and more serious. And the mega-trials are not a feature that we were used to 15 or 20 years ago. They're a new feature, and the criminal justice system really has to figure out how to run it like a business.
I think the Steering Committee on Justice Efficiencies and Access to the Justice System has looked at the mega-cases and has looked at the front-end system, and more thought and organization has to be put into the management of these cases before they get into the system, as opposed to having them in the system before all of a sudden the brakes go on. So all the stakeholders have to go back to point one and look at the ramifications of big cases.
Sometimes defence lawyers are criticized for taking too long, but that's another topic. Look at what happened yesterday in Montreal. How many people were arrested--about 70 or something? That is an amazing tax upon the system. And quite frankly, I'm sure there were gun charges. The system gets jolted when that kind of investigation takes place and charges result.
The criminal justice system is under remarkable strain right now and is one of the reasons why we urge you to really look at whether or not you need to change this law, because it will add a strain to the system. What you see in the bill is discretion in crown counsel to go by summary conviction to avoid the minimum sentence. Have crown counsel in the room, not the attorney general. Ask his lawyers whether they want this discretion.
My respectful submission is that it's wrong, and they don't want it. So the police and the crowns are going to determine, really, what happens at the end of the day. That's not what our system is all about. The crown never loses and the crown never wins; they are ministers of justice. So before we sort of jerk the system by introducing new legislation that looks like it's a reflection of what the public needs or what the public wants, we have to really look at how it fits into the overall picture.
With respect, I really sympathize with victims who are caught up in this. But we have to be honest with victims. We have to really tell them that these are not quick fixes. And if you have 50 victims who say “I want stiffer sentences, I want retribution”, you can find 25 other victims who will say “I want restorative justice”. That's what Canada has been moving toward.
It's complex and it's layered and the issues are not simple. That's why I come back to what I said. It wasn't to praise you. You have a tough job now, because what you do with the onslaught of legislation is going to affect my kids and your kids for a long time.