Mr. Speaker, I am proud to speak to this important bill, Bill C-9, an act to amend the Criminal Code (conditional sentence of imprisonment).
Since being introduced in September 1996, conditional sentencing has allowed for sentences of imprisonment to be served in the community rather than through incarceration. It has served as an effective means of keeping less serious offenders out of jail and yet it is more than probation which focuses on rehabilitation and reintegration by adding a punitive measure.
It was in 1996 when conditional sentencing was introduced and the primary goal of conditional sentencing was to provide an alternative to incarceration, an alternative sentencing mechanism to the courts, and it also provided an opportunity to further incorporate restorative justice concepts into the sentencing process.
My Liberal colleagues and I set the safety and security of the Canadian public at a high priority and wish to pass appropriate legislation that reflects the realities and complexities of Canada's justice system and its citizens.
In support of this priority, in October 2005 the justice minister of the day, the hon. member for Mount Royal, introduced Bill C-70 which had received first reading but which died on the order paper. It focused largely on preventing those who were convicted of crimes that caused serious personal injury from receiving conditional sentences.
Bill C-70 added the following condition:
The court shall not order that an offender serve his or her sentence in the community if the offender has been convicted of any of the following offences, unless the court is satisfied that it is in the interests of justice to do so because of exceptional circumstances: (a) a serious personal injury offence as defined in section 752; (b) a terrorism offence; (c) a criminal organization offence; and (d) an offence in respect of which, on the basis of the nature and circumstances of the offence, the expression of society's denunciation should take precedence over any other sentencing objectives.
The bill also would have required the court to include in the record a statement of the exceptional circumstances that it considered if it chose to grant a conditional sentence.
Bill C-70 would therefore have been successful in addressing the practical weaknesses of conditional sentences without compromising the effectiveness of the corrections and justice systems as a whole.
On the other hand, the current government's proposed Bill C-9 wishes to amend the Criminal Code of Canada by mandating that a conditional sentence will no longer be an option for anyone convicted of an offence prosecuted by indictment that carries a maximum prison sentence of 10 years or more. Removing the application of conditional sentences in this regard could result in an uneven application of justice and it adds nearly 100 offences under the Criminal Code in which sentencing would no longer apply. It would result in various damaging implications throughout our country.
I also would like to mention that we must consider the disproportionate number of aboriginal people who are incarcerated. One of the most evident consequences of the bill would be a further influx of aboriginal Canadians into the prison system. This influx arrives at a time when the government ought to be taking appropriate measures to reduce the over-representation in the penal system of aboriginal peoples.
While aboriginal groups make up less than 5% of the population in Canada, as of March 31, 2004 they represent approximately 20% of all federally incarcerated prisoners in Canada. First nations over-representation in the criminal justice system has steadily increased over the past 10 years. While the federally incarcerated population in Canada steadily declined by 12.5% from 1996 to 2004, the number of first nations people in federal institutions has increased by 21.7% during this same period. To break these figures down further, the number of incarcerated aboriginal women has also steadily increased 74.2% over the last seven years.
There is no other group in the country that will be moved out of the community and into the prisons more quickly than aboriginal Canadians. Throwing people in jail is apparently easier to the government than addressing root causes or addressing the concept of restorative justice. The Conservative government should prepare itself for a serious reality check because its solution to such challenges will only perpetuate matters further.
There is a strong correlation between socio-economic disadvantages and involvement with the criminal justice system. This requires serious attention to ameliorate the vicious cycle. Restorative justice has played a role in harnessing the rate of overrepresentation of first nations peoples in the criminal justice system and has been an integral tool in healing strategies.
In contrast with the Conservatives' Bill C-9, restorative justice acts as a comprehensive system of justice with effective results. Ultimately, at the end of the day Canada's most vulnerable group will experience yet another blow by the government, which unfortunately, seems to be very common these days.
Everyone in the House I am sure will agree that we all want safer communities for our friends and families. This consensus can be met through effective and fair legislation.
I urge the government and, indeed, all members of the House to support a justice system in Canada that takes into consideration the true complexities of conditional sentencing and develop legislation that reflects this ideal rather than the short-sighted, irresponsible approach that the Conservative government is determined to impose.