Justice Committee on April 22nd, 2010

[Some hon. members]

Ah, ah!

[The Chair, Conservative, Ed Fast]

Thank you.

Ms. Leslie.

[Megan Leslie, NDP, Halifax, NS]

Thank you, Mr. Chair.

I have one question for you. Hopefully you can answer it.

Do you see this amendment capturing any situation that isn't already covered by the organized crime provisions, or is it just the provision in and of itself that it's illegal to produce? Do you see this as actually having an impact?

[Paul Saint-Denis]

In terms of the production, I don't think so; nothing comes to mind. In terms of the impact on organized crime, I don't think it has an impact either.

[Megan Leslie, NDP, Halifax, NS]

Do you mean no impact positive or negative?

[Paul Saint-Denis]

Hopefully it will have a positive effect in the sense that it will act as a deterrent, but in terms of the relationship between this offence and other offences, I don't think there is any.

[Megan Leslie, NDP, Halifax, NS]

Those are all my questions. Thanks.

[The Chair, Conservative, Ed Fast]

Thank you.

Mr. Woodworth.

[Stephen Woodworth, Conservative, Kitchener Centre, ON]

Can you propose any reason why the sentence for the offence proposed in this bill should be 10 years less a day rather than the more standard and customary 10 years? It seems to me that if the goal we're working toward is a 10-year type of sentence, I can't think of a reason why we would want to distinguish this offence from any other 10-year offence by adding this “less a day”.

Is there anything you can tell me that would suggest a reason for it?

[Paul Saint-Denis]

Mr. Ménard pointed out a possibility, which is that if a conditional sentence applies to offences that are 10 years, then perhaps that would have an impact on that, but otherwise not. As I indicated earlier, generally our sentences are a maximum of round numbers, and it's usually 5, 7, 10, 14.

[Stephen Woodworth, Conservative, Kitchener Centre, ON]

Even if what Monsieur Ménard said was correct, I guess my question is, since we're aiming for a 10-year sentence here, why should this 10-year offence be any different from any other 10-year offence when it comes to conditional sentencing or any other sentencing provision? Is there anything unique to this particular proposed offence that would suggest it should be treated differently?

[Paul Saint-Denis]

I have nothing, but really what you're asking me is a question that lies within the policy domain that this committee has complete control over. It's not something that I can really—

[Stephen Woodworth, Conservative, Kitchener Centre, ON]

As long as you had no technical reason why this offence should be treated differently....

[Paul Saint-Denis]

No.

[Stephen Woodworth, Conservative, Kitchener Centre, ON]

Thank you.

[The Chair, Conservative, Ed Fast]

Thank you.

Is there anyone else on the government side?

Are there any other questions before we move to clause-by-clause?

Mr. Bagnell, you had another one?

[Larry Bagnell, Liberal, Yukon, YT]

Yes, I just wanted to clarify a bit what other people have asked.

First of all, is there any reference to anything in the Criminal Code that applies to all offences right now that have 10 years or more? Is there anything in the Criminal Code related to sentencing conditions, or anything in the Criminal Code that makes a reference to any crime where the maximum penalty is 10 years or more?

[Paul Saint-Denis]

I believe not. I have to admit that I'm not exactly clear on the status of some of the bills that have been tabled or will be tabled, and what some of these bills propose for 10-year penalties. So there may be something coming that would have an impact, but at the moment I don't believe there is.

[Larry Bagnell, Liberal, Yukon, YT]

So there's nothing in the existing law, and because you're not familiar with proposed things, you don't know if, for instance, Mr. Ménard's example would be—

[Paul Saint-Denis]

That's correct.

[Larry Bagnell, Liberal, Yukon, YT]

—cognizant with bills coming down the pipe in your department.

[Paul Saint-Denis]

That's correct.

[Larry Bagnell, Liberal, Yukon, YT]

Thank you.

[The Chair, Conservative, Ed Fast]

Thank you.

Monsieur Lemay.

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

No, that is fine.