Evidence of meeting #36 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 minimums.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Alan Borovoy  General Counsel, Canadian Civil Liberties Association
Graham Stewart  Executive Director, John Howard Society of Canada
Laurent Champagne  President, Church Council on Justice and Corrections
Alexi Wood  Director, Program Safety Project, Canadian Civil Liberties Association

4:55 p.m.

Executive Director, John Howard Society of Canada

Graham Stewart

We have. We've had it since 1964. We've had 30% in murder and we've had 60% in violent crime overall in the last 15 years in Canada, according to the justice department that presented this data to you.

The point is that we're in declining situations, and everyone takes credit. It's much more complicated. You've got experts coming; I'm not an expert on this, but I can tell you that just as you can find some scientists who say that global warming doesn't exist, you've got all sorts of issues for which someone can come up with a study, and even perfectly good and very expert studies will sometimes show the phenomena going the other way.

4:55 p.m.

Conservative

Daryl Kramp Conservative Prince Edward—Hastings, ON

What would you suggest for our victims, then?

4:55 p.m.

Liberal

The Vice-Chair Liberal Derek Lee

Mr. Kramp, excuse me; there is some sense around the table that we should allow the witness and the witnesses to proceed with their answers. Thank you.

Mr. Stewart, if you haven't finished, you may; Mr. Borovoy would like to intervene as well.

4:55 p.m.

Executive Director, John Howard Society of Canada

Graham Stewart

In relation to that, this is not a debate between pro-crime people and anti-crime people. What we're talking about here is finding the most effective way to reduce crime. I think that in terms of criminal justice there's far more we can do to prevent future crimes than we can do to end past crimes. We're past that.

What we're talking about here is a bill that you've presented. It's not a victims bill; it's a punishment bill, no doubt with the intention that it would reduce future victimization. Our point is that when you look at the cost associated with it, and the minimal effect, there are far more important ways in which we could be addressing circumstances in the community to reduce future victimization. In that sense, I think that's all we're talking about--victimization--but this is a punishment bill, and the assumption that punishment is directly related to criminal activity is what I'm challenging.

4:55 p.m.

Liberal

The Vice-Chair Liberal Derek Lee

Mr. Borovoy, do you have anything to add?

4:55 p.m.

General Counsel, Canadian Civil Liberties Association

Alan Borovoy

Thank you.

In a way, Mr. Kramp, you're using a “big brother” argument. You're saying, “My big brother, the cops, say this.” We're pointing to the social scientists. Of course, unless we can come in here with the studies and you do likewise and we can sit and go point by point, all we're going to do is throw buckets at each other and not accomplish as much as we should.

Yes, we have cited the most comprehensive reviews of the literature to say that those police officers are mistaken in reaching the conclusion they have reached, because their examination of the evidence is rather superficial and isn't sufficiently comprehensive. But let me, in the interest.... It's the old labour conciliator in me, and I want to try something with you.

Suppose for the sake of argument we were to say “If you want to have some such punishment, instead of making it conclusively mandatory, how about a presumptive minimum sentence?” It says, in effect, that it isn't the case that it will always be subject to that penalty. What it's saying is that this is a signal to the judges that the legislators in this country think this crime ought to attract that penalty, but if you can find sufficiently compelling circumstances not to impose it, you're entitled to not impose it.

I suggest this to you. We can go back to argue about the statistics; with respect, I think you're wrong about them. But is there any reason on this earth to reject a presumptive minimum rather than a compulsory or conclusive minimum?

I want to lace it in one way. I don't know if you recall my original testimony here. It seems as if it was in another century.

5 p.m.

Conservative

Daryl Kramp Conservative Prince Edward—Hastings, ON

I recall.

5 p.m.

General Counsel, Canadian Civil Liberties Association

Alan Borovoy

Thank you. I can barely recall it myself.

But what I remember from it is that I cited to you the case of this police officer chasing a burglar, whose arm he grazed with his gun. The Court of Appeal in Ontario reduced his sentence from twelve months to six months. I know your format doesn't allow us to ask you questions....

5 p.m.

Conservative

Daryl Kramp Conservative Prince Edward—Hastings, ON

I wish it would.

November 29th, 2006 / 5 p.m.

General Counsel, Canadian Civil Liberties Association

Alan Borovoy

All right, I will ask you the question. Would you be pleased to have that police officer locked up for five years? That's what Bill C-10 would require.

While I'm at it, do you have no objection at all to the fact that Robert Latimer continues to languish in jail for a crime committed out of love and compassion for his little girl?

5 p.m.

Conservative

Daryl Kramp Conservative Prince Edward—Hastings, ON

I'd be pleased to respond.

5 p.m.

Liberal

The Vice-Chair Liberal Derek Lee

Now, I'm not in a position to alter our questioning format, unless there's a consensus around the table to—

5 p.m.

Liberal

Sue Barnes Liberal London West, ON

No, I'd like my time.

5 p.m.

Bloc

Réal Ménard Bloc Hochelaga, QC

I think that we should give the gentleman two minutes, should we not?

5 p.m.

Liberal

The Vice-Chair Liberal Derek Lee

I'm in the hands of the committee.

5 p.m.

Liberal

Sue Barnes Liberal London West, ON

I think this is a precedent, Mr. Chair.

5 p.m.

Liberal

The Vice-Chair Liberal Derek Lee

No, I don't think it is, Ms. Barnes. If there is consensus, we can do it. Shall we...?

5 p.m.

Conservative

Rob Moore Conservative Fundy Royal, NB

How long has it been so far?

5 p.m.

Liberal

The Vice-Chair Liberal Derek Lee

We're on minute 12.

5 p.m.

Conservative

Rob Moore Conservative Fundy Royal, NB

We're at 12 minutes? We have other people who are waiting as well.

5 p.m.

Liberal

The Vice-Chair Liberal Derek Lee

Well, consider the question put, and we'll move on.

Actually, it's Mr. Moore, for five minutes.

5 p.m.

Liberal

Sue Barnes Liberal London West, ON

That's for the past five minutes.

5 p.m.

Conservative

Rob Moore Conservative Fundy Royal, NB

Yes, I agree.

Thank you to all the witnesses.

I have several questions, but one quick question. If you can, give a quick answer.

Based on your testimony, I'm led to believe this might be the case, but I'll let you answer for yourself. As you know, we currently have mandatory minimum penalties for some firearms offences—some one-year penalties, some four-year penalties. Would it be each of your submissions that those penalties should be eliminated, or do you find any of the existing mandatory minimums reasonable?

5 p.m.

Executive Director, John Howard Society of Canada

Graham Stewart

I'm opposed to the notion of mandatory minimums. I'm not opposed to principles being articulated, and I'm not opposed to Parliament setting some guidelines, but our society is opposed to the notion of a rigid mandatory minimum sentencing regardless. Our view is that the existing mandatory minimums have never been tested, and they've never been studied. There's no reason to believe that they've made any difference and that then topping them up would improve the circumstances now.

5:05 p.m.

Conservative

Rob Moore Conservative Fundy Royal, NB

Okay. Anybody else care to...?