Going back to the brief we submitted, I will point out the five solutions we have proposed.
First, we recommend removing all mandatory minimum penalties. If that cannot be done, at least remove those that have already been found to be unconstitutional by courts across this country.
Second, we recommend removing the bar on conditional sentences for any offences with mandatory minimum penalties.
Third, we recommend fulfilling the Truth and Reconciliation Commission of Canada's call to action 32 to “allow trial judges, upon giving reasons, to depart from mandatory minimum sentences and restrictions on the use of conditional sentences.” We refer you to Senate Bill S-213 for suggested language on this amendment, which I believe you've already heard about.
Fourth, we recommend amending paragraph 718.2(e) of the Criminal Code so that sentencing judges have the information required to pass appropriate sentences, not only for indigenous defendants but also for Black defendants.
Fifth, we recommend, at the very least, fully decriminalizing simple drug possession as a step toward the recommendations made by the group behind “Decriminalization Done Right”. Provide for automatic expungement of criminal records for simple drug possession, which is certainly a step toward the spent record regime. We, along with 84 other organizations and people, are members of a coalition called the Fresh Start Coalition.
That is what we are recommending.
In conclusion, I think you have all seen how the breadth of evidence demonstrates that incarcerating people, especially women and gender-diverse people, in the name of deterrence is not only a demonstrably failed model, but actually produces harm, especially by adversely impacting Black, indigenous and low-resource women and gender-diverse people.