Evidence of meeting #16 for Justice and Human Rights in the 39th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was sentences.
A recording is available from Parliament.
4:30 p.m.
Bloc
Réal Ménard Bloc Hochelaga, QC
I am not saying that you have the wrong impression, but it remains an impression.
You agree with me that...
4:30 p.m.
Bloc
Réal Ménard Bloc Hochelaga, QC
But let me move to my second question, because we have no statistics here. So, you can't come before parliamentarians and tell them to do away with this tool used by judges because of a public safety issue, when you have no figures on conditional sentences. That has already been mentioned.
We have no statistics on recidivism. More specifically, there is a missing piece to the puzzle, which is not your fault or mine. It means that we will not be adopting this bill quickly, and that we will be asking for studies to be carried out, for instance on rehabilitation.
So I move to my second question. How do you feel the judiciary has used this tool of conditional sentences? For instance, one of the recommendations made by the Canadian Police Association is to include within Bill C-9 all offences which are not covered. You would like us to add child luring, the removal of a child from Canada, and other offences to Bill C-9?
4:30 p.m.
Bloc
Réal Ménard Bloc Hochelaga, QC
Do you have information indicating that judges, in the case of the sentences you are proposing, imposed suspended sentences?
September 26th, 2006 / 4:30 p.m.
President, Canadian Police Association
In our brief, we also call upon the government to include in its bill certain offences or crimes which would otherwise be beyond our reach if Bill C-9 were adopted. We also talk about the people who will not be affected by the 10-year threshold, those who receive a sentence of less than 10 years.
Let me give you an example...
4:30 p.m.
Bloc
Réal Ménard Bloc Hochelaga, QC
No, wait. I would like to ask you a question before hearing your example. You are talkative, but I would like us to examine specific facts.
4:35 p.m.
Bloc
Réal Ménard Bloc Hochelaga, QC
No, I would like to ask you my question first.
You would like us to include these offences because, as you say, they would not otherwise lead to a sentence of 10 or more years.
4:35 p.m.
Bloc
Réal Ménard Bloc Hochelaga, QC
That is not what I am asking you. I am not claiming that the only criteria for handing down a suspended sentence is based on the degree of violence.
Your brief has many weaknesses. I do not deny the fact that you are active in the field in question, but you are only giving us impressions. Unfortunately, we lawmakers do not pass legislation on the basis of impressions. Consequently, I would like you to tell me in how many cases, with regard to the offences you are proposing we include, judges have imposed prison sentences.
4:35 p.m.
Bloc
Réal Ménard Bloc Hochelaga, QC
Judges have not acted in the way you have described. Statistics do not reflect what you say.
But we do agree on one thing, that is that there are offences in the Criminal Code which are subject to two-year prison sentences, but these offences are just as serious as others which are subject to a 10-year prison sentence. It is not the only criteria.
I would have liked to hear the witnesses explain how judges have misused this tool, which is a marginal measure within the legal system.
4:35 p.m.
Bloc
Réal Ménard Bloc Hochelaga, QC
Are you questioning the fact that conditional sentences of imprisonment constitute a marginal measure? We are talking about 6% of sentences.
4:35 p.m.
Conservative
4:35 p.m.
Bloc
Réal Ménard Bloc Hochelaga, QC
Mr. Chairman, time goes by so quickly with a man of Tony's quality that one does not even notice.
Why do we not go out for supper together? It would not be a date, please don't misunderstand me!
