I'll be addressing the committee in French.
On behalf of the Barreau du Québec, I would like to thank you for welcoming us. Joining me are Mr. Battista, president of our committee on criminal law, and Dominique Trahan, president of the committee on youth law. For your information, it is important to know that these two committees of the Barreau, which were involved in drafting our brief, are made up of both prosecutors and defence lawyers. The committee members represent the state, the victims and the accused alike.
I would like to remind the public that the primary mission of the Barreau du Québec is to protect the public under the law. So the Barreau does not take the side of any particular party in the criminal justice system. As part of its mission of protecting the public, the Barreau is sharing its unbiased view on the bills currently being studied in Parliament.
The Québec Bar regrets the government's choice to have an omnibus bill and, moreover, to insist on making those amendments within 100 days. Unfortunately, this decision will muddle the issues and undermine our ability to determine the real needs of Canadians. Our natural tendency to contrast diverse opinions on complex topics, such as the fair and equitable treatment of victims and offenders, only leads to oversimplifying those opinions.
In passing legislation, we should not be constantly weighing the rights of victims against the rights of the accused. Canadians expect legislators and all players in the justice system, including victims groups, to work together on passing the best possible legislation that meets the real needs of our society. In light of that, the number and length of the consultations preceding the passing of a bill should not be considered or denounced as inconveniences.
The increased use and number of mandatory minimum penalties are the figurehead of Bill C-10. The bill specifically proposes the increase in certain mandatory minimum penalties that had been passed in 2005, although the true effect of those penalties is not actually known yet. At the Québec Bar we definitely believe that mandatory minimum penalties make our criminal justice system more complex and less effective, while raising the possibility of miscarriages of justice.
One of the fundamental principles of our criminal justice system is that a sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender. Only judicial discretion can adequately balance the various principles of sentencing and the circumstances of an offence, and can, as a result, impose a just sentence.
On the issue of minimum penalties and their effect, the Supreme Court of Canada has unanimously acknowledged the following:
Even if it can be argued that harsh, unfit sentences may prove to be a powerful deterrent, and therefore still serve a valid purpose, it seems to me that sentences that are unjustly severe are more likely to inspire contempt and resentment than to foster compliance with the law.
Of all the pernicious effects of mandatory minimum penalties, the most negative and harmful aspect for our society is definitely the message that is being sent to the public about their justice system and the judges.
If Parliament considers that it is necessary to restrict courts from imposing a just sentence to such an extent, the inevitable conclusion is that we cannot trust judges to get the job done. Is it really necessary to show the devastating effect of this powerful message in a free and democratic society like ours, founded on the rule of law?
In short, it is unfortunate to see how isolated anecdotes continue to be used to justify mandatory minimum penalties. This was clearly seen in the comments made at the committee's last meeting, on October 18. The case that was discussed had to do with a judge who handed down a sentence of only 23 months to someone who had sexually assaulted a child, saying that he had spared the child's virginity. The problem is that the decision was overturned by the Court of Appeal, which passed a sentence of nearly four years. But no one mentioned that. That is exactly what appeal courts are supposed to do in our justice system.
As for the amendments proposed to the youth criminal justice system, the Barreau reiterates its concerns about Bill C-4, which makes up much of Bill C-10. In the letter of September 30, 2011, that Jean-Marc Fournier, Quebec's Minister of Justice and Attorney General, sent to Minister Nicholson regarding this bill, he criticizes the fact that the fundamental principles of youth rehabilitation and social reintegration are pushed aside. Those are preferred principles in the Quebec model because they ensure the lasting protection of society. The Barreau shares Minister Fournier's opinion; he concluded the letter by asking that the bill not be passed without considering the needs of Quebec society.
The Barreau once again stresses the importance of maintaining the specific nature of youth criminal justice, by focusing on rehabilitation as a solution to protect the public in the long term.