Mr. Speaker, I appreciate the opportunity to rise to say a few words on Bill C-393.
The bill has three points. It would invoke a mandatory minimum for the commission of a criminal offence with a concealed weapon. It would also amend the Corrections and Conditional Release Act to provide victims and their families more information on release applications. It also seeks to codify the remission for time served. I do not think it is in the Criminal Code now, but a lot of the judges use the two for one formula and this would go one for one.
At the outset, although I respect the member for Leeds—Grenville and I appreciate the work he has put into this and I appreciate his motivations, I cannot support the bill, mainly because of the implementation of the mandatory minimum sentence for this offence. It appeals to certain individuals, but the bottom line is it takes away or it fetters any use of judicial discretion.
In any case, coming before a judge, the judge is required to apply the fundamental accepted principles of sentencing, the established ones being retribution, deterrence, possible rehabilitation of the offender, protection of the public, circumstances surrounding the offence, circumstances surrounding the offender and others.
No two cases are alike. A judge could practise for 40 years and he or she would never see two cases that are the same. I had the privilege of practising law for 25 years. I acted both as a part time prosecutor on these cases and as defence counsel. I have looked into the eyes of these individuals. There are no two cases alike.
It has been done in certain cases, but the imposition of a mandatory minimum in offences such as this would, in my opinion, be a step backwards.
We are dealing with a first offender, and this again goes back to the fact that no two cases alike. It is perhaps the person's first real run-in with the law. I have seen situations of younger people getting in with the crowd or they are under the influence of drugs and alcohol. The judge has to take into account deterrence, retribution, circumstances of the offender and protection of the public. However, in that case, as in a lot of the cases, rehabilitation of the offender has to be a primary consideration.
The circumstances change fundamentally if we are dealing with a person with a record of three or four criminal offences. Then those other principles give way to protection of the public.
I do not suggest that sentences be lenient or that there be no sentences. What I am saying is no two cases are the same and we cannot throw out of the back of the truck the fundamental principle of judicial discretion. I am like everyone else in Canada. I see situations. Sometimes I up the paper and read that somebody convicted of an offence, which sounds terrible, and probably is, gets what I consider to be a light sentence. Now that could be one of two situations. The first is that in actual fact the sentence was quite a bit lighter than it should have been, maybe there was an appeal or maybe the judge screwed up. The second, and more likely, is that the media got the facts screwed up totally. It does not describe the offence or the offender, and we are left with an erroneous impression that this has come about.
The bill does not take into consideration regional differences. We have the northern communities. We have east and west. Everyone has different crime rates, different causes of crime. This would be an amendment to the Criminal Code and would be binding on all regions in Canada.
The bill does not take into account differences in cultures. We have a situation where people who come from the western province, where you come from, Mr. Speaker, where the first nations population has a certain percentage, but the percentage in prisons is five or six times that. Why is that? Why do we have five or six times the percentage of first nations in our prisons? Is there a reason? Will imposing the mandatory minimum sentence improve that? Everyone knows it will not. What is the cause of this? It is early in the game, but I believe some things such as healing circles and restorative justice are working. Once we pass this legislation, a lot of that may be go out the back door.
I have concern about the whole administration of justice. A lot of these cases are bargained. Literally the system cannot handle the cases before it, but if there is a mandatory minimum, no defence counsel will agree to anything and we will go to trial.
Those are some of the considerations. In principle, it sounds great, but there is fundamentally one problem: it does not work.
The previous speaker talked about the situation in the United States. This was a movement, which started in the United States about 20 years ago, where once it invoked the mandatory minimums, the crime rate would go down and everything would be great. It did not happen. The previous speaker said that some states had repealed their mandatory minimums. I actually know the number of states. Since 2003, 25 states have repealed the legislation dealing with mandatory minimum sentences. That probably represents half of the people living in the United States. The research indicates that it generally does not work. Our southern neighbours are realizing this now and that is why they are repealing it.
I make these comments with the greatest respect to the member for Leeds—Grenville and the motivations behind this draft bill, but I cannot support it.
On the principle of the so-called two for one formula, as far as I am aware, that is not in the Criminal Code now. It is a practice that has developed over the years. It is generally widely accepted. I am not saying I agree or disagree with it because every case should be dealt with on its merits. We had the high profile case of Brenda Martin back from Mexico and there was speculation a judge would be hearing the case in Canada and would give her the so-called two for one credit. Again, it comes back to the judicial discretion in a particular case.
The two for one is not codified now. It is just a rule of thumb. If we had the one for one codified, that would go forward with the actual sentence the judge gave. Every circumstance is different. If people were in jail for protection of the public, that is one situation. However, if they were in jail for two years because they could raise the $20,000 bail, that is an entirely different situation. I would argue in that case probably they should get more credit than one day for one day. Do not forget in that two year period they were in jail because they could not raise the bail, they would not be eligible for parole. If it worked the way it often does, people might be eligible for parole after serving half the sentence, but the two years they were in jail would not apply.
The point is that we will never have two cases that are the same. Each case has to be dealt with on its merits and on the circumstances surrounding the case. In a situation like this where we are trying to invoke mandatory minimums, I suggest it is a step backward.