Thank you, Mr. Chair.
Minister, thank you for being here to discuss Bill C-35. I have a few questions for you.
This bill essentially has support. However, things have changed in our legal landscape since the bill was passed at second reading, before being referred to the committee. I am talking about the Supreme Court of Canada's decision in Nur. You partially reacted to that decision by anticipating issues that would be raised regarding mandatory minimum sentences.
Concerning the Nur ruling, I don't really agree with your comment in the National Post. I did not see the ruling as quite the endorsement of your mandatory minimum sentences as you did, but I agree that it also does not indicate that mandatory minimum sentences are illegal. I may be less of a fan of the decision than you.
I will now talk about Bill C-35 itself.
Have you met with Department of Justice officials since the Nur decision to look at the impact it could have, especially its obiter dictum on mandatory minimum sentences and the two criteria to be met? Have you asked the Justice Canada officials to consider that? If so, what did they say? How can the criterion set out in the Supreme Court decision be met with regard to a mandatory minimum sentence? It is also hybrid and should not be left to the discretion of the crown. How do you think the criterion can be met at both levels? If the punishment is not cruel and unusual, the second criterion is used. Here is a quote from the chief justice: ...the second question is whether the provision’s reasonably foreseeable applications would impose cruel and unusual punishment on other offenders
Have the officials answered those two questions?