Thank you, Mr. Chair, for allowing me the opportunity to respond.
I haven't had a chance to review the full decision. I believe I've read the same obiter dictum that Mr. Chair just read with respect to the Alberta Court of Appeal. I haven't read the original decision, and I would refrain from making a complete comment without actually reviewing the decision, as I'm sure all the members of this committee would do.
But I would say this. The court concluded, from what I could tell, that the sentence imposed by the sentencing judge was unfit. It was outside of the range of appropriate sentences, and it was on that basis that the sentence was overturned. That is a process that takes place in our appellate courts every single week when these decisions are heard. It's not whether or not the sentencing judges agree but whether or not an error is committed, and that's whether something falls outside of the range.
Making that finding, which is open to the appeal court, I think is the appropriate way to go about it. These sentences have a particular range. As with the sexual exploitation provisions, I would encourage members to actually point me to a trend where individuals are getting probation for sexual exploitation. I think it paints a picture that is frankly not the case. We're furthering this view that our judges are somehow part of this revolving-door system of justice, coddling criminals, and it sends the wrong message. It sends the wrong message about what our justice system is about, and I would discourage that. I think it's completely unfounded.
If there are inappropriate decisions that are overturned on appellate review, that's the appropriate course of action. The Alberta Court of Appeal felt that sentence was demonstrably unfit. I don't quibble with that finding that it was outside of the range of the sentence. The sentence should have been harsher. That's simply that. I think that we fall on different sides of the spectrum as to whether or not sentences should be more cookie-cutter or consistent, or whether sentences should be more individualized.
But that our judges are somehow systematically not respecting appropriate sentencing principles I think is unfounded.