Bill C-10 (Historical)

An Act to amend the Criminal Code (minimum penalties for offences involving firearms) and to make a consequential amendment to another Act

This enactment amends the Criminal Code to provide for escalating minimum penalties according to the number, if any, of previous convictions for serious offences involving the use of a firearm if the firearm is either a restricted or prohibited firearm or if the offence was committed in connection with a criminal organization, to provide for escalating minimum penalties according to the number, if any, of previous convictions for other firearm-related offences and to create two new offences: breaking and entering to steal a firearm and robbery to steal a firearm.

Criminal Code

[Sue Barnes, Liberal, London West, ON]

Mr. Speaker, as I know the member does his work thoroughly and very well, has he come across any American study which he felt was suitable to support the position of the bill as it is currently written? Does he or anyone he is aware of know of any Canadian research that would support the legislation?

[Serge Ménard, Bloc, Marc-Aurèle-Fortin, QC]

Mr. Speaker, I often review the statistics and have found a few. Statistics can be used to justify anything. However, there have been barely any American or Canadian studies. There are just a few. Some people are examining them closely.

Recently, I read the works of Anthony Doob—an expert from York University— that demolish their work methods and show that it has no influence at all. Once again, I would like to mention a major Canadian example: a minimum sentence of seven years for importing marijuana. Is that enough of a deterrent? Some say that this sentence is never handed out. That is not true. I have seen people behind bars for seven years. I have seen quite a few. At some point, it did not make any sense and this sentence was no longer applied.

That is where the perversion of the system begins. Certain speakers spoke of it this morning. Plea bargaining is beginning to be used. I am not a cynic. I practised a profession in which there is a great deal of cynicism. Sometimes, the political profession also makes us cynical. I have never been a cynic. When I leave politics, I can probably have another very lucrative career as a lawyer, as I have noted that bad ways line the pockets of good lawyers. This is a mistake that will make many attorneys rich.

[Daryl Kramp, Conservative, Prince Edward—Hastings, ON]

Mr. Speaker, it is a pleasure to speak in the House today in favour of Bill C-10, mandatory minimum penalties for firearm offences.

I and most members of the House believe there is no greater responsibility elected politicians have, whether at the municipal, provincial or federal level, than to ensure the safety and protection of those they were elected to represent, which is why I am standing in full support of the bill.

By providing for escalating minimum penalties for serious use and non-use offences involving firearms, the government is keeping its commitment to making our communities safer. The bill sends a message of deterrence and, perhaps just as important, if it is passed it will help restore the public's confidence in the judicial system in Canada.

The bill targets the growing problem of gang violence and proliferation of restricted weapons that have terrorized law-abiding citizens. It deals with the most egregious Criminal Code offences committed with a firearm, including rape, robbery, murder, manslaughter, extortion and kidnapping. In other words, it leaves alone the farmers and the duck hunters and their lawful use of long guns and goes after the miscreants who are responsible for the rising tide of violence on our once peaceful urban streets.

The use of a restricted or prohibited firearm, such as a handgun, by these criminals would result in a mandatory five year sentence for the first offence, a seven year sentence if the accused has a prior conviction, and 10 years if the accused has more than one prior use conviction.

For possession of a loaded restricted or prohibited firearm, trafficking in firearms, possession of a firearm for the purpose of trafficking, making an automatic firearm, firearm smuggling and firearm theft, the mandatory minimum sentence would be three years for the first offence and five years for the second offence.

For possession of a firearm obtained by crime, possession contrary to a court order, break and enter to steal a firearm and use of an imitation firearm, the minimum mandatory sentence would be one year for the first offence, three years for a prior conviction and five years for more than one prior conviction.

In the last Parliament I introduced a private member's bill, Bill C-215, which called for tough new mandatory minimum sentencing. The bill received support from attorneys general in Ontario, Manitoba, and Nova Scotia and various police associations from across Canada, including the Canadian Professional Police Association and the Canadian Association of Chiefs of Police, which collectively cover almost every police officer in Canada in excess of 70,000 members. They unanimously endorsed this approach to dealing with criminality.

During debate I had the opportunity to hear from many different experts in our criminal justice system and I can assure the House that there are many good examples of the efficacy of tough mandatory sentencing.

One example is the state of Florida's 10-20-life program that has helped reduce violent gun crime in that state by 30% and has produced the lowest violent crime rate in that region in a quarter of a century.

Another example before committee was project exile in the commonwealth of Virginia. Mandatory minimum sentencing there targeted at gun crimes has reduced gun violence in Richmond, Virginia by 40%.

Gang related homicides and the increasing use of restricted and prohibited firearms in the commission of major criminal offences has risen dramatically in recent years in Canada, as was well illustrated by the past summer of violence in many of our urban corridors, while such crimes in the U.S. have been in decline.

I would suggest to the House that the preoccupation with statistics does not do justice to this serious debate. As Mark Twain is known to have remarked, “There are three kinds of lies: lies, damn lies, and statistics”.

We should not lose focus. These numbers are not just statistics. These numbers represent someone's son, daughter, father, mother or neighbour. Their deaths or injuries irrevocably change the lives of the loved ones they leave behind. The pain and suffering is not just for the victims. It extends beyond, into the families and into the communities. It has a disastrous effect on the psychology and the makeup of Canadian society.

As many of my colleagues know, I was a police officer many years ago. As a former police officer I saw firsthand the devastating impact violent crime can have on families. Whether someone's definition is that violent crime is on the decline or on the rise, I personally believe and sincerely hope that the majority of my colleagues in the House believe that no level of gun violence is acceptable.

I would maintain that the government has a responsibility and a duty to do more to ensure the safety and the security of its citizens. I have and I will continue to believe that there is no more important role that we can serve as members of Parliament than in the preservation of the health and safety of our citizens. We must go to whatever limit of the law or create the laws that are necessary for the ultimate protection of our people.

My own private member's bill on mandatory sentencing did receive support across party lines. It won the approval of the justice committee. I commend all my colleagues on that committee from all sides of the House for dealing with this issue in a non-partisan manner and putting justice before the parliamentary mechanisms and shenanigans that sometimes occur in the House. Unfortunately, the committee was dissolved with the calling of the election.

However I am pleased that our government has recognized the spirit and the intent of that attempt to modify our justice system. It clearly lives on in the government's agenda in Bill C-10.

Bill C-10 proposes to introduce new and enhanced mandatory minimum penalties for firearms offences, along with legislation to eliminate conditional sentencing for violent offenders. It follows through on our election promise to introduce tougher minimum sentences for serious and repeat firearm offences.

The bill would make our streets safer by sending out a clear message. The message is that serious firearm crimes will be met with serious penitentiary time.

I encourage all my colleagues in the House to stand with me and with the government, put the interests of the Canadian public, the interests of the citizens in their ridings and the interests of every man, woman and child in this country, and support the legislation.

[Keith Martin, Liberal, Esquimalt—Juan de Fuca, BC]

Mr. Speaker, I have been supportive of mandatory minimums as a way to penalize those individuals who have been proven to be a threat to society and who have continued to behave in a way that puts the lives of civilians at risk. When it comes to such situations where a small group of individuals are responsible for the bulk of serious crimes in our country, it is our job and the job of the justice department to ensure the penalties are there. We hope that the courts implement those penalties against those people.

In looking at the facts and the data, I found that when we were in government we introduced 42 mandatory minimum penalties. I will list a few of them. Ten listed offences, mandatory minimums: if a firearm is used in the commission of an offence, of criminal negligence causing death, manslaughter, attempted murder, assault causing bodily harm with intent to harm, sexual assault with a weapon, sexual assault, kidnapping, robbery and so on. We already have mandatory minimum sentences that we implemented over the last few years.

If we already have an array of mandatory minimums that apply to these offences, why is the government introducing the bill and putting more mandatory minimums when they are not necessary?

[Daryl Kramp, Conservative, Prince Edward—Hastings, ON]

Mr. Speaker, the hon. member has raised a solid, responsible, good question. The answer is very simple.

I commend the previous government for bringing in that effort to establish mandatory minimum penalties for firearms offences. The sad reality is it was an attempt, but it did not achieve the desired results.

We have to recognize there are different times. I sat on committee with many members of our enforcement branch. I sat with Tony Warr who is the head of the statistics for metropolitan Toronto. I met with Chief Blair and literally every Canadian police chief across Canada. They have said there is a new reality. In the past we did not have the major proliferation of gangs, guns and drugs. We had them in separation; they were there but they were not a major factor.

In this period in our history, sadly they have become a very serious threat to our communities and members of our society in general. There is an extraordinary coming together, a perfect storm, if I might say that. Our police forces have recognized that this is a dynamic they have never faced before. They need the tools to deal with it. They have implored us to give them the assistance to put in a penalty that will act as a severe deterrent to those people. Many of those people quite frankly have a great deal of difficulty in having a moral or social conscience. Society has to be protected from a number of these people.

There are occasions when those people need to be in protective custody for the benefit and safety of our citizens. In our downtown urban cores the proliferation of guns, gangs and drugs is so strong and many citizens are afraid to testify. There are many occasions where violent criminals are running loose for the simple reason that people will not become involved in the process to try to apprehend them or bring them to justice. The criminals have taken over our streets.

We are in a time when more serious action is needed and desired. I am quite comfortable that the intent of the bill will deliver to our police forces and to our judicial system the tools they need to deal with this new reality.

[Sue Barnes, Liberal, London West, ON]

Mr. Speaker, I want it to be very clear for my hon. friend across the way that people in my party are concerned about doing the right thing and working with the police and with the communities. There is no ownership of being concerned about our communities. The reality is that everyone here wants to do the right thing.

I am telling the member quite frankly that if this bill were rational in its layout, if it had not been hurried, if it had been strategic and had done things that we could have supported, I would have given the bill my personal support. I would have encouraged others to do so as well.

There is one thing that I think is very flawed. I understand what the government is trying to do. There are some centres around the country that have increased gang and gun violence, but when a government puts forward a piece of legislation, that legislation has to fit Nunavut, Saskatchewan, eastern Canada and rural British Columbia just as easily. Ramifications are just as important. Through the aiding and abetting sections in the Criminal Code, the reality in this legislation is that there are different sanctions, different mandatory minimums for the restricted firearm and for the long gun.

For instance, for anyone who does not understand this and is not delving into the Criminal Code, which is most Canadians quite understandably, a first time offender could commit a robbery with a handgun and get more of a mandatory minimum than a repeat gun offender who committed the same type of robbery with a rifle or a shotgun, a long gun. The first time offender would get one year more. That is what this bill does.

Could the member explain the justification behind that? People commit the same crime with different weapons and there are different results. The triggers are much more complex and important.

[Daryl Kramp, Conservative, Prince Edward—Hastings, ON]

Mr. Speaker, I would like to explain my perspective on this issue in addressing the hon. member's concern.

Everyone wants to use statistics for whatever purpose they serve best, but the overriding information we received at committee, literally every expert witness stated that the proportion of use of firearms in the restricted weapon category was well in excess of 90%. I do not have the exact figure in my memory bank, but the police were having an overwhelming amount of difficulties with respect to the criminal use of firearms which were all restricted weapons, the weapons for which we have had laws for 70 years, but criminals have no respect for that law.

Is this bill or any bill that comes before the House a perfect piece of legislation? I would love to think it would be, but times and things change, and as I mentioned, there are different circumstances. Right now the phenomenon of gang, guns and drugs has to be dealt with. The majority of those episodes involve restricted weapons, the ones that can be concealed and carried at whim. This has extended beyond the variety store robbery to carrying a weapon as a status symbol and going to a dance club where innocent people are out for a good time and are exposed to this type of activity.

We cannot allow society to head in that direction. Whether it happens in Nunavik, Halifax, Montreal or one of our urban cores, if a person bleeds, the person bleeds. If they are a victim, they are a victim. If they are a criminal, they are a criminal. We have to deal with the overriding problem which is the criminal use of restricted weapons. The intent of the bill is to deliberately target an area that is of deep concern. Should we go further? Should we do a little less? That is for the House to debate. Members on all sides of the House are free to bring forward suggestions and comments. In a perfect world we would not have criminals and we would not even need laws to address this, but unfortunately, it is an overriding concern right now and we have to deal with it.

In my riding 10 years ago there were hardly any firearms seized. The police chief in Belleville over 10 years seized two firearms and in the past year alone 54 restricted weapons were seized. This is not just a large urban core phenomenon.

[Keith Martin, Liberal, Esquimalt—Juan de Fuca, BC]

Mr. Speaker, I listened intently to my hon. colleague's comments. I want to bring up something on Bill C-10 as there may be some confusion in terms of the intent of the bill. I gather that the intent of the bill is to address criminal activity by hard core criminals, particularly individuals who are involved in organized crime.

If we look at the statistics on criminal activity and crimes in Canada, we will find that 75% of crimes in Canada have actually been in decline. Looking at the most serious, homicide, which is an exception, that which probably all Canadians are most concerned about, in 2000 the homicide rate was 1.8 per 100,000 citizens and today it is about two. If we look at all other criminal activity, 75% of it, the rate for many violent crimes has actually declined over the last six years, and indeed, if we looked back in time, we would find there was a decline before that.

What is increasing, as the hon. member was correction in mentioning, is organized crime. This is a very serious problem in our country, as most police officers have told us, and requires a great deal of effort.

Going in that direction, we passed the RICO amendments, racketeering influence corruption organization charges. Some people think that organized crime gangs, by and large, are people who have long hair, patches on the backs of their jackets and drive big Harley-Davidson motorcycles. That is the conventional thinking and certainly some are like that, but the bulk of organized criminals are individuals in $3,000 Armani suits who look like us and they use very sophisticated technology to commit crimes. They do this in many different ways.

One of the serious power generators of organized crime is drugs because they are prohibited. Whenever there is prohibition, a warped and twisted market is established where that which is prohibited has a value far beyond its actual worth. I would not for a moment advocate that anybody use drugs. I am opposed to it. I am a physician. In my professional career I have been involved in helping people get off drugs because of the damage that drugs inflict.

If we look at soft drugs, for example, marijuana, we have to ask ourselves whether the current prohibitions are beneficial to society. The answer that comes from groups as diverse as the Canadian Medical Association and churches is that the current prohibitions against simple possession of marijuana are actually more deleterious and damaging to the individual than if we were to decriminalize simple possession, which is what I personally hoped the government would pursue.

The Liberal government put forward a bill to decriminalize the simple possession of marijuana. In fact, if we decriminalized it and allowed individuals to possess three plants, which in effect are weeds, albeit weeds which, no question, if smoked cause damaging effects and it is habit forming, the ties between the individual small time user and organized criminal activity would be severed.

It is because of its prohibition that organized crime gangs derive moneys from marijuana in our country. Marijuana, and to a lesser extent cocaine and to a large extent crystal meth and other drugs drive the financial underpinnings of organized crime gangs. They buy and sell any kind of contraband, including guns. Thankfully, handguns are severely restricted in our country. They prey upon people and use contraband, from liquor to people to drugs, to make money. It affects our country and society in very negative ways.

How do we manage go after individuals who may possess guns illegally? How do we affect those people in a negative way? The Liberals put forth a number of mandatory minimums and RICO. The government may want to consider strengthening the RICO amendments. It may want to consider strengthening the racketeer influenced and corruption organizations charges that enable police and courts to go after the financial underpinnings of organized crime gangs.

One of the worst things a government could do to organized crime would be to legalize the simple possession of marijuana and allow individuals to possess two to three plants per individual, and no more. That would separate the commercial grow operations, which should and must continue to be illegal, many of which are connected to organized crime, and the small time recreational user who has a couple of plants. Leave that as a problem to be dealt with medically. Leave it to individuals to discuss this with their physicians in an effort to try to decrease that. Put money into the schools to encourage children not to use drugs at all. That would be beneficial. Severing the small time user from the organized crime gangs involved in organized grow operations is fundamentally important.

We have to increase the penalties against those individuals and give the police the technology required go after them. I would encourage the government to listen to the police who have effective solutions to this problem. I encourage it to listen to the courts and lawyers. They can advise the government how to go after individuals involved in organized crime so they cannot use and twist our criminal justice system in a way that allows them to not have the force of the law apply to their nefarious activities.

This would be sensible and effective. My hon. colleague, who spoke before me, addressed mandatory minimums with respect to Bill C-10. This would address that issue.

The Liberal government put in quite a few mandatory minimums, which may not be well-known to the public. They addressed those individuals who were involved or had been involved in serious criminal activity. It is a relatively small group who are repeatedly involved in activities that are profoundly frustrating to the police.

I will refer to the comments of my colleague from London West who gave a very good summary of that. She said that the Criminal Code contained 42 mandatory minimum penalties, that sentencing judges could use their discretion when sentencing to up for higher than the mandatory minimums and that a mandatory minimum was a floor and not a ceiling.

Generally speaking, these 42 infractions fall within the following criteria: impaired driving and blood alcohol over .08; betting and bookmaking; high treason; second degree murder; use of a firearm in an indictable offence; use of a firearm in 10 listed offences; possession and trafficking of various prohibited firearms; sexual interference; invitation to sexual touching; sexual exploitation; making, transmitting, possessing, accessing child pornography, and we have some of the toughest laws in the world that we enacted against child pornography; procuring and committing sexual activities on minors; prostitution of minors; and living off the avails of child prostitution. We also introduced a number of measures to toughen the laws against those individuals who sexually preyed on minors.

The 10 listed offences included mandatory minimums for: a firearm was used in commission with the offences; criminal negligence caused death; manslaughter; attempted murder; causing bodily harm with intent to harm; sexual assault with a weapon, a firearm; aggravated sexual assault; kidnapping; robbery; extortion and hostage taking.

Members can see the Liberal government introduced an array of mandatory minimums.

Why are these further mandatory minimums required if we already have applied an array of mandatory minimums to address serious indictable offences? I think most of us feel we should have sentencing guidelines for the courts so individuals cannot get off on serious offences?

I also want to address the issue of terrorism, which is connected. We had a serious event take place over the last few days in Toronto. Part of our ability to execute our duties and responsibilities to protect Canadians, which is one of our most serious duties of all, is our ability to deal with these issues.

Terrorism is a complex issue. I would implore the government to work with Muslim communities and ask them to be much more vigilant within their communities when they find individuals espousing fundamental violent sentiments against our society. This affects Muslims and non-Muslims alike. It offends the vast majority of Muslims, who are the backbone of Canadian society, when they hear that individuals of their faith have allegedly been engaged in these activities.

Around the world there are religious schools. Some of them teach a very anti-western sentiment, sometimes with significant, overt and explicit violent overtones. The Muslim communities in Canada must work with the authorities when they find that individuals are trying to get particularly young individuals involved in violent activities. That community, be it Muslim or non-Muslim, must address this and inform the authorities if it is taking place.

Those communities should be a monitoring mechanism. If they are vigilant within their communities and are willing to take the steps to monitor what is occurring, then we will have a level of intelligence and knowledge on the ground that is invaluable to the police. Muslims and non-Muslims alike will be killed in terrorist activities. We saw that with 9/11. We saw that in Bali. We saw that in Kenya, in Tanzania and in Spain. These are areas where al-Qaeda has engaged in terrorist activities.

I am sure all of us would implore Muslim communities to be more vigilant, to look within their communities and discourage individuals who espouse anti-western hatred or violent activities against our society. This is clearly not something any civic-minded individual would want to support. I know the Muslim communities do not support it.

There are bad eggs in any group. It is up to all of us to identify those bad eggs who are willing to engage in illegal and violent activities against our society. I cannot emphasize enough how important that is. This level of intelligence and knowledge on the ground would be invaluable to our police officers and CSIS in their ability to protect us.

The past weekend showed us that Canada is not immune from terrorist activities. We are a mark, that is very clear. We cannot be lulled into a sense of self-delusion by thinking we are not. It behooves us to be prepared, not paranoid, to engage in those necessary protective measures to ensure that life and limb are protected.

I want to deal with the issue of prevention. I have brought it up many times in the House. The government has an extraordinary opportunity, with the money it has right now, to work with the provinces to truly implement a preventive mechanism that works.

Current science has allowed us to look at the development of a child's brain in the first six years of life. If we use something called a positron emission tomography scanner, called a PET scanner. During that time, the brain is very sponge like. It is very malleable, like plastic, to use the technical term.

What happens at that early stage of life is the neurons making those connections take place during that period of time. Positive and negative things can affect those neuro connections. For children who are subjected to sexual abuse, improper nutrition, violence and neglect, we can prove that those neuro connections do not take place as effectively as they would in children who are in a loving, caring environments where they have engagement with good parents and have good nutrition. Doing that enables children to have the psychological and neurological bedrock that will enable them to be productive, integrated members of society.

The most egregious example of this is when a fetus is subjected to alcohol, which is devastating. We see the damage when the child is born. The reason I mention this is we know that up to 40% to 50% of individuals who are in jail have FAS or FAE. This is a staggering statistic, given that FAS and FAE are preventable causes of neurological damage at birth. We can do something about this.

Looking at statistics, some anti-poverty advocates say that poverty leads to criminal activity. If that were the case, then children of members of religious communities, or padres, or pastors or others who do not make much money would be running afoul of the law. However, the fact is they do very well.

Similarly in immigrant communities, where people come here with nothing, but provide their children with very solid parenting, those children do far better than their parents. They have a disciplined, structured environment with the care and the love they require.

If the government could work with the provinces for an awareness program on literacy and if children were read to or if they had playtime for 30 minutes a day, the impact upon those children would be extraordinary, and that has been proven to work.

These are simple things that work very well. We can extend that to physical activity. Silken Laumann, our Olympic heroine, is advocating playtime with children, not sitting in front of a television. These days there is far too much structure in children's lives. They do not have a chance to play, which is critically important in the development of that child's brain. It provides a level of malleability that stands them in good stead later on.

Simple things can go a long way. The impact upon this, through a wide range of socio-economic parameters, is quite significant, including kids who stay in school longer, less dependence on welfare and higher rates of post-secondary education. Also, there is a 50% to 60% reduction in youth crime. Imagine having a program that is very simple, inexpensive and is child-parent centred, which that results in a 50% to 60% reduction in youth crime. It is a staggering statistic and it works.

A 25 year retrospective analysis has been done in places as far afield as Yipsilanty, Michigan and Moncton, New Brunswick, where our former colleague, Claudette Bradshaw, and her husband started a wonderful head start program. Hawaii's has healthy start program. Also wonderful work is being done at the University of Montreal.

The statistics, the facts and the simple measures are there. While it does not fall under the realm of the federal government, it behooves the federal government to work with its provincial counterparts to accomplish this.

The government, with the money it has, has great opportunities. When we were in government, we introduced 42 mandatory minimum sentences for an array of very serious offences. It is our view that this bill is not necessary. If it were necessary, we would be ardent supporters of it. However, we have already implemented an array of mandatory minimums and sentencing guideline positions for the courts.

It would be better for the government to focus on implementing solutions that would help the police to go after organized criminal activity, which is a serious problem in our society. Those solutions have been given to the government by the police. I would implore and challenge the government to implement those solutions, carpe diem.

[David Tilson, Conservative, Dufferin—Caledon, ON]

Mr. Speaker, my colleague from Esquimalt--Juan de Fuca, like many Liberals, stood in his place and talked about the many things the Liberals did when they were in office with respect to mandatory minimums.

I find that rather strange. I remember that when we were over on that side of the House, we stood in our places and asked the Liberal justice minister to implement mandatory penalties. He said they would not work, that they would not work anywhere, and that he was not going to do it.

Since that time, of course, we know that members of Parliament on all sides have stood up and talked about tragedies that have happened all across the country. The one that sticks out in my mind is the young lady who was shopping with her parents on Boxing Day in downtown Toronto and was killed by a stray bullet fired by a street gang. She got killed. So my response for the member for Esquimalt--Juan de Fuca is that whatever he and his party over there have done has not worked. Street gangs are proliferating in all of the cities across this country, whether it be Montreal, Toronto or Vancouver. It is a tragedy.

They talk about crime prevention and the poor darlings who have had an unfortunate background, and that is true. We do need to spend some time with respect to these young people, generally young men, who have had bad backgrounds, but what about the victims? What about members of the public?

Does my colleague think that in the past we have spent too much time and placed too much emphasis on crime prevention when we should be thinking about members of the public, the people who are suffering from these street gangs and violent crimes?

[Keith Martin, Liberal, Esquimalt—Juan de Fuca, BC]

Mr. Speaker, it is not an either/or proposition. Both can be done. We have done both. It is not about prevention or getting tough on those individuals who have abused their position in society. We do both.

Let me address the member's question, because he is confusing a number of things. This issue is about mandatory minimum sentences with respect to gun violence. The gentleman brought up the tragic situation where the young girl was murdered in Toronto. Mandatory minimum sentences were in existence at that time. We already have mandatory minimums for indictable offences, including murder, attempted murder, manslaughter and assault causing bodily harm.

If these sentences already existed, why did they not prevent the murder of that young girl? Because they would not have. It is more complex than that. The mandatory minimums that the member refers to with respect to the charges that would be laid against these individuals already exist. They are already there.

The question is, what do we do about gang violence? There are a lot of things that can be done, including, as I mentioned, addressing the underpinnings of the violence, addressing the drug issue around gangs, taking the financial legs out from underneath organized crime gangs, having better monitoring, and giving the police better tools to go after these individuals.

Also, what we did was to put tougher penalties in place for the illegal importation of guns. What we know about most of the people who use guns as part of organized criminal activity is that these are not individuals who take a course, get an FAC, wait six months, get a background check, buy a gun and then take part in organized criminal activity. These are not the individuals who do that. We already have laws that apply to these individuals.

The member needs to focus on the issue at hand. We are submitting that laws for mandatory minimums already exist, but we have suggested other things that the government should be doing to address the issue of organized criminal activity and gang violence.

[The Acting Speaker, Royal Galipeau]

The hon. member for Ahuntsic.

[Maria Mourani, Bloc, Ahuntsic, QC]

Mr. Speaker, is the debate resumed? I lost track.

[The Acting Speaker, Royal Galipeau]

We are currently hearing questions and comments.

The hon. member for Mississauga South.

[Paul Szabo, Liberal, Mississauga South, ON]

Mr. Speaker, I appreciate the comments provided by the speaker. In addition to the 42 mandatory minimums that already exist in the Criminal Code, there is the principle of aiding and abetting, which means that those who have knowledge will also be subject to the same kinds of penalties because of their involvement before, during or after. This net goes quite a bit further.

I want to quote from yesterday's speech by the Liberal Party justice critic in which she stated:

A 2005 survey of judges compiled by the Department of Justice found that slightly over half felt that mandatory minimum sentences hindered their ability to impose a just sentence.

It appears that the question here is a matter of whether or not the judicial principle of proportionality of penalty is being impinged by the existence or by the spread of mandatory minimums. Is the member is aware of this concern within the judicial system? It is not unanimous by any means but is certainly a point of concern.

[Keith Martin, Liberal, Esquimalt—Juan de Fuca, BC]

Mr. Speaker, I have heard that concern and have read about it, but I think that at the end of the day what we should be doing is certainly listening to the police officers, as my colleague has done in doing a tremendous amount of work with police forces throughout the country.

We should listen to what the police officers and the police associations are saying. We should utilize their technical skills and their solutions, which come from the ground, and employ those solutions. This is what we tried to do when we were in government. That is why the previous government put out 42 mandatory minimums for an array of serious offences in the country.

We have implemented those solutions for the benefit of Canadians, but I would also suggest that the government take a look at the other solutions we have been offering in terms of organized criminal gangs.