Let's first be very clear. The sentence of five years for kidnapping a child will in the vast majority of cases be appropriate. If the committee reflects on prior judicial decisions, a sentence of more than five years is very common. Our point is simply that looking at this piece of legislation in isolation, the mandatory minimum sentence has the problems I've outlined. I recognize there are other mandatory minimum sentences in the code, and mandatory minimum sentences in some cases have been found to be constitutional. However, that doesn't remove the problem of the mandatory minimum sentence in this case.
It's our position that if the government wishes to change the law to deviate from one of the historic cornerstones and pillars of our justice system, it should be done based on the evidence. It's the government that wishes to change this law and it's the government that should demonstrate that mandatory minimum sentences will be effective in implementing the desired policy outcome in this piece of legislation.
Yes, kidnapping a child is bad, and, yes, kidnapping with a firearm is bad, but just because that door has been opened, I submit, it doesn't allow mandatory minimum sentences holus-bolus through the door without a careful evaluation to make sure those changes are necessary and indeed will be effective.