On the topic of mandatory minimum sentencing, various witnesses have appeared on a number of bills and told us that it isn't the most effective approach. They also mentioned the fact that it could lead to court challenges in certain cases.
The committee members no doubt recall what former Supreme Court Justice John Major told us. He said that mandatory minimum sentencing did not necessarily violate the charter. Provided it isn't unreasonable, the sentence can be analyzed and viewed on the basis of its objective. So it will always be subject to that sort of analysis. The Criminal Code already contains various provisions that include minimum sentences.
As a rule, the NDP is generally opposed to the idea of determining the sentences that the courts should impose. We still believe, and always will, that the courts are the best authorities to make those decisions. Sometimes minimum sentences constitute the shortest periods that can be imposed. That being said, however, that is our position on Bill C-394. It is sometimes necessary to choose the lesser of two evils. Everyone is familiar with what the committee has heard. The Boys and Girls Clubs of Canada and all the witnesses we heard agree that, while Bill C-394 is an essential element, a well-balanced policy is also necessary. It can be useful under the circumstances.
I think it's important that we look closely and not reject mandatory minimum sentencing simply on principle. We examine each and every bill individually, with a view to determining whether what it seeks to achieve is necessary under the circumstances. I hope that, if judges read what the politicians and lawmakers have said while studying a bill, they will understand the key message that the members of this committee are trying to send. Criminal organization recruitment is not something we will tolerate.
In that sense, a six-month sentence seems very light to me, but I am not encouraging the Conservatives to lengthen it. We will leave that to the courts. Between six months and five years, there is ample leeway for the courts to decide on a reasonable sentence under the circumstances.
Another important consideration is this. There is no question that the same system will not apply to young offenders under 18 years of age—I believe our Library of Parliament analyst made that point clear. In any case, given everything our witnesses today have told us, I'm not sure I want to see young people being sent off to prison for six months. They turn into hardened criminals schooled in the ways of criminal life. So that's really the borderline.
However, like the Liberal member, we are somewhat allergic to the notion of telling the courts what to do. But, at the same time, I think there is sufficient leeway for the courts to exercise discretion on a case-by-case basis.