Thank you very much, Mr. Chair, and members of the committee.
I was thinking this morning as I got on a plane that the CCCDL, the Canadian Council of Criminal Defence Lawyers, will celebrate its 20th anniversary next year, and throughout the years, we have appreciated the opportunity to come here many times to assist where we could on proposed legislation.
As a defence counsel, I know there are a couple of aspects of the bill that you have heard some concerns about. I don't intend to spend time on those. There are aspects of the bill that I think are important and positive. For instance, we welcome the five-year review. We welcome the direct indication in this bill that terrorism will not be accepted. I echo the comments of my friend Mr. Cooper.
One of the other provisions of the bill that we laud and are very grateful for is the clause--I believe it's clause 43--that calls for a drug treatment program, which may indeed allow a judge to consider something other than a mandatory minimum sentence. As you know, of course, we are concerned about the latter, as it erodes judicial discretion.
But the most important message I would like to leave with you today is the following. In almost 40 years of practice, I don't think I have ever experienced a groundswell like the one being experienced in this country right now on the issue of mental health. From the police to the judges to the crowns to the defence counsel, to witnesses to government leaders and members of the public--and in this regard there's the example Bell Canada's wonderful “Let's Talk” program--we have reached a point in this country such that we are leading in the discussion on mental health. There is no difficulty in giving great credit to the government of this country, which has been proactive in establishing the Mental Health Commission.
In May, I had the privilege of attending a conference sponsored by Justice Canada and Justice Alberta called “Building Bridges”, at which representatives of the whole industry, from victims to police officers, from defence counsel to doctors, got together and talked about mental health as it affects the criminal justice system. Minister Toews was there to discuss it.
The main thing I would like to leave with you today is this: The bill does not specifically address mental health. I would respectfully submit on behalf of the council that this is an incredibly important time to do it. This bill reflects laudable principles--having safe streets and communities--but it is silent on mental health. Whatever party you are from, whatever area you come from, whatever discipline you are in, there's one thing we all have in common: we are concerned about mental health.
So we are very grateful for clause 43, which I will call the exemption provision for a drug treatment program. It maintains the theory and purpose of this act, to have safe streets. I can tell you that one of the most impressive leadership-type movements on this issue of mental health and drug treatment comes from the police community. We have suggested a provision for your consideration, which may be of assistance, and I have given it to the clerk. In drawing up this provision, we have borrowed from the existing clauses and wording in the bill.
The proposed clause says this:
a) Upon conviction of an offence for which a minimum punishment is prescribed, the Court may when satisfied that a person requires mental health care, delay sentencing to enable the person to receive treatment or participate in a mental health program approved by the Attorney General;
--which brings in the provinces, and--
b) If the court is satisfied that the person has successfully completed a program referred to in subsection (a) or that mental health treatment is ongoing it is not required to impose the minimum punishment for the offence for which the person was convicted.
This mirrors the clause 43 that you have put in. It doesn't change the purpose of the bill, but recognizes mental health as something that we must deal with—and again, this is something that this government has been leading on. I ask you to consider this provision when you're looking at this bill.
Thank you very much.