Mr. Speaker, I want to thank the member for Newton—North Delta for her very kind comments. She has also done yeoman's work in the House, particularly with regard to issues recently around child care. I want to acknowledge the good work she has done. As well, the member clearly indicated that the New Democrats would be supporting Bill C-35. It was interesting to hear questions from the other side.
We talk about this place being a democratic institution. Part of being a democratic institution is ensuring that my constituents are represented in the House. That means as members of Parliament we should have an opportunity to rise in the House to speak to particular legislation. The members ask why do we not just get it to committee. I do not happen to sit on the justice committee, so I would be unable to participate in the questioning of witnesses and in any debate at the committee with regard to the legislation. Therefore, it is important that I am able to rise in the House to express what I think are concerns for my riding and to have that voice on the record.
Again, we support the bill and as the member for Newton—North Delta rightly pointed out, we do have concerns. However, let me talk about what the substance of the bill is.
According to the legislative summary, Bill C-35, an act to amend the Criminal Code (law enforcement animals, military animals and service animals), is as follows. It is also called Quanto's law in honour of the police dog which was stabbed to death while helping to apprehend a fleeing suspect in Edmonton, Alberta in October 2013. Quanto had four years of decorated service and had participated in more than 100 arrests. The legislative summary says:
Currently, an offence is committed under sections 444 and 445 of the Criminal Code (Code) when someone wilfully kills, maims, wounds, poisons or injures cattle or when someone kills, maims, wounds, poisons or injures a pet wilfully and without lawful excuse.
There are also a number of provisions that address cruelty to animals, including section 445.1 of the Code, which establishes that it is an offence to cause unnecessary suffering to an animal.
The legislative summary goes on to talk on to talk about what the new offences are and it indicates:
Clause 3 creates new subsection 445.01 (1) of the Code,3 which establishes that it is an offence to wilfully and without lawful excuse kill , maim, wound, poison or injure a law enforcement animal while it is aiding a law enforcement officer in carrying out that officer's duties; a military animal while it is aiding a member of the Canadian Forces in carrying out that member's duties; or a service animal while it is assisting a person with a disability.
It goes on to say that, “A minimum punishment of imprisonment for a term of six months takes effect only if a law enforcement animal is killed”.
Subsequently it refers to the consecutive sentences clause 2:
Clause 2 of Bill C-35 creates new section 270.03 of the Code, which establishes that, if the abovementioned offences are committed against a law enforcement officer...the sentence imposed shall be served consecutively to any other punishment imposed on the person for an offence arising out of the same event or series of events.
We certainly support an initiative that protects service animals. We know they play a very important role in aiding police officers, border security in airports where the service animals are being used for drug detection. We support legislation that enhances the protection for these animals, but as other members have rightly pointed out, there are some serious concerns with regard to the continuing use of mandatory minimum sentences and the consecutive sentencing clause within the legislation.
I want to turn for a moment to the mandatory minimum sentences. There have been a number of scholarly articles written over the last several years with regard to the effectiveness of mandatory minimum sentences in the United States. I want to quote an article that was published February 10, 2014, by the Heritage Foundation. The articles says, “Reconsidering Mandatory Minimum Sentences”. In the abstract, it indicates:
Mandatory minimum sentences are the product of good intentions, but good intentions do not always make good policy; good results are also necessary.
With respect to each crime, is justice best served by having legislatures assign fixed penalties to that crime? Or should legislatures leave judges more or less free to tailor sentences to the aggravating and mitigating facts of each criminal case within a defined range?
There were numerous arguments with this article, both for and against. As members can probably tell, I am not in favour of mandatory minimum sentences, so I will quote from the parts that support my argument.
I do not have time, unfortunately, to go through some of the cases, but in the conclusion, it says:
Congress was right to be concerned about reducing sentencing disparity and ensuring that sentences are neither unduly lenient nor unduly harsh. Nonetheless, just as law should be tempered with equity, so should rigid sentencing rules leave room for adjustment in certain cases where a legislatively fixed sentence would be manifestly unjust. No statute can account for every variable in every case, and the attempt to do so with mandatory minimums has given rise to punishments in some small-scale drug possession cases that are completely out of whack with the purpose of the federal sentencing laws.
Again, I want to stay with cases in the United States. Over a number of years it has had its “three strikes and you're out” laws and some other mandatory minimum sentencing laws that have now proven to be not that effective.
There was an article on February 22, entitled “Texas an unlikely model for prison reform”. It is a California senator who quoted this, but the article states:
For over 30 years, spending on our prison system has steadily climbed from 3 percent of the state's operating budget to 11 percent. Even during the depth of the Great Recession, spending on prisons and jails increased while spending on education and health care was slashed. It continues to increase today. It doesn't have to be that way. There are alternatives, and unlikely as it might seem, Texas seems to be leading the way...
Among the members of his board of directors are national conservative leaders Grover Norquist and Newt Gingrich.
That is to highlight the fact that it not just the New Democrats or Democrats or Liberals who are indicating that there should be a review of the mandatory minimum sentencing; it is also conservatives in the United States.
The article continues:
How is this happening? Texas is investing in alternatives to incarceration that are proving to be cheaper and more effective at keeping people out of prison. It is also doing a better job of rehabilitating people to keep them from reoffending and...back in prison.
Texas uses risk-assessment and better probation procedures to divert large numbers of nonviolent offenders away from the prison system, keeping them away from hard-core criminals. It requires strict implementation of victim-restitution measures, while offering alternatives to prison such as civil sanctions, drug courts and drug-abuse and mental health treatment. It also offers rehabilitation programs like job training for those in prison to prepare them to re-enter society. And Texas has invested heavily in reducing the caseloads of parole and probation officers so the state can keep better track of the people it supervises and help them move in a new direction.
Texas, which I think most people would agree has had a fairly strong approach to the criminal justice system, is implementing measures that do not rely on mandatory minimums and other such measures. It is actually looking at rehabilitation.
When we talk about prison reform, I want to reference Howard Sapers, the ombudsperson for prisons. For years, he has been raising the issues around how people are treated once they are in the prison system and how many of the things that happen do not contribute to keeping people out of jail once they are released. Many other voices out there are speaking up.
However, the last point I want to touch on is the failure of the current Conservative government to adequately address prevention measures, because the best measure in the justice system is to stop people from going to jail in the first place.
The Institute for the Prevention of Crime at the University of Ottawa has a number of resources, but it also has an article titled, “Building a safer Canada: effective planning for crime prevention”. In the introduction to this, it states:
Safety is a vital component of our quality of life. Our police and criminal justice systems play an essential role in helping to achieve these goals, and we should continue to do everything we can to help make them more responsive, efficient and effective.
However, there are no easy solutions to the problems of crime and victimization, and little evidence that simply relying on more enforcement and more punishment will significantly increase our individual and collective safety...
There is also a convincing body of evidence that prevention is an effective way to move forward. The concern is that Canada is not doing enough to make the best use of this knowledge and expertise—we need a sustained commitment to doing more to translate proven approaches into common practice.
Because my time is almost up, I do not have time to go through the whole article, but it has a framework for prevention planning. It says that there are five interconnected questions. One is understanding the problem and developing a vision, an action plan, and responsibility centres. Second is concentrating resources. Third is relying on evidence-based approaches. Fourth is assuming adequate and sustained support, and fifth is informing and engaging the public.
In conclusion, New Democrats support Bill C-35, but we look forward to a full review at committee.