Section 279 of the Criminal Code, which includes kidnapping. That's the section the bill is aiming to amend.
Even Justice Major, a former Supreme Court judge, very clearly said when he came to testify before us that the jurisprudence would show that the sentences varied. In general, sentences of less than eight years are not imposed. Setting the minimum sentence at five years concerns me. That concern is different from the concern I had about imposing minimum sentences in the case of other offences, where the judges are in the best position to properly analyze the file. In fact, I would like it even better if a judge did this type of thing, rather than the Crown or the defence. It needs to be someone impartial who can look at the file from all sides, based on the sentencing principles that already exist in section 718 of the Criminal Code. You must know them quite well, Chief Freeman. The section stipulates that there are aggravating factors when it comes to children, and so on.
I'm concerned that we are sending a strange message to the community by imposing a minimum sentence of five years, which is less than what is normally imposed. If I were a defence lawyer, I would make the argument that the legislator does not talk needlessly. If it thought it good to impose a minimum sentence of five years, is it possible that people think a sentence of 8, 10, 12 or 15 years is too harsh? I don't see why we are establishing a minimum sentence that is less than what is normally imposed in similar circumstances.
In addition, Ms. Dunahee, I would like you to speak about your work. You told us that the committee might not be the right forum to do so. That's true, if we think of your work and your needs in terms of looking for children when they disappear, and so on. Perhaps this isn't the right committee for that, but we are certainly quite interested in what types of problems you face and that could be very useful. I think that was sort of what Mr. Wilks wanted to do. I'm tempted to say as well that perhaps we aren't carrying out the right exercise to resolve the problems you deal with every day, you and your organization.