Thank you, Mr. Chair.
I have two and a half minutes, Minister.
First off, I fully support the principle of giving judges some latitude. I have confidence in our justice system. I'm very glad that we've already passed provisions to improve the training judges receive on various aspects. It's like apple pie. Who can be against that?
The fact remains, however, that Parliament is sending messages to the courts. In applying provisions of the law, judges rely on what lawmakers have said and written on the subject. You know as well as I do that judges have to interpret legislative instruments all the time.
As I said earlier, we are in an era when the government is relaxing certain rules. The passage of Bill C‑5 brought with it the elimination of minimum sentences for serious crimes such as discharging a firearm with intent. Minimum sentences for sexual assault offences were also eliminated. The message that sends the courts is a bit counterproductive, in my eyes.
Don't you think it would be a good idea to reinstate minimum sentences for those offences? That could eliminate conditional sentencing and sentences served at home for accused in sexual assault cases, while giving judges the discretion to depart from mandatory minimum sentences in exceptional circumstances. Courts would have to explain what those exceptional circumstances were and why the sentence departed from minimum sentencing principles. That would avoid conditional sentencing, reassure the public and send the courts a clear message: lawmakers take these offences very seriously.
Wouldn't that also improve things in relation to parole, helping judges gain a better understanding of the scope of the offences committed?