Madam Speaker, I am pleased to speak today to Bill C-219, and I would like to thank the member for Perth—Wellington for bringing forward the bill. While I have great respect for the member, I cannot bring myself to support his bill. I say this knowing full well of his noble intentions to protect some of the most vulnerable in our society.
Bill C-219 is yet another Conservative amendment to the Criminal Code that seeks to bring in mandatory minimum sentences. In this case, the amendments are to the sections dealing with offences for sexual exploitation, against both young persons and persons with disabilities. The bill would add the fact that the victim is a person with a disability as an aggravating circumstance for the purpose of sentencing when someone is found guilty of purchasing sexual services from a person under 18 years of age.
In the 41st Parliament, the NDP opposed the whole section of the Criminal Code that was criminalizing sex work because, of course, we know full well that this is forcing it even deeper into the shadows. Unfortunately, the bill we have before us today is attempting to grandstand on the backs of victims. I use that word because the bill would do nothing to prevent these crimes, nor would it reduce their severity.
Too often in this place, we let overheated rhetoric and the stoking of people's fears replace good policy. This is especially the case when dealing with criminal law. As legislators, we cannot let the desire for revenge substitute against what all of the evidence shows us. I am speaking as a parent of three young children, so I understand the emotional gut punch of these crimes. They are vile and they are of a nature that makes us recoil in horror, but I have to detach myself from those emotional feelings. I am not a judge. I am not the person looking at the circumstances of the case, and that is where I have to draw the line, the separation between the legislative branch of government and the judicial branch of government.
New Democrats are opposed to mandatory minimums because they are an ineffective tool against crime. They do not deter perpetrators from committing crimes. We believe that discretion on sentencing should be left in the hands of judges. Alternative sentences or diversion programs almost always have better results in terms of rehabilitating perpetrators and, thus, preventing future crimes.
Mandatory minimums prevent judges from using these alternative sentences and diversion programs. Mandatory minimums remove the decision-making power from judges, and mandatory minimums deprive the court of the nuance it needs to bring in its decision-making. Unfortunately, the Conservative approach is to have the exact same minimum punishment for every conviction, regardless of the circumstances of the case.
They can also have the effect of clogging up our court system, because there may be accused innocent persons who are most likely to take a plea deal in order to avoid mandatory minimum sentencing if they feel that there is not strong enough evidence to acquit them even though they are quite sure of their innocence, while those who are guilty may not have any incentive to plead guilty, because they know there is going to be a mandatory minimum in place. We already have a judicial system that is bursting at the seams with so many court cases that have been backlogged, and this has been exacerbated by COVID-19. I certainly do not want to add to our already over-burdened court system.
[T]he evidence is clear: [mandatory minimums] are an ineffective and [in fact] dangerous justice tool. They do not deter crime. They do not increase public safety. They disproportionately affect Indigenous and other racialized Canadians. And they are incredibly expensive.
But we have known that for decades.
In 1984, the Canadian Sentencing Commission concluded that [mandatory minimums] create injustice without accomplishing any of the other functions ascribed to them.
In 2005, a Department of Justice...report found evidence that “minimum sentences are not an effective sentencing tool: that is, they constrain judicial discretion without offering any increased crime prevention benefits.”
For the next part of my speech, I will move on to a very important and already existing section of the Criminal Code. It is very important for us to realize, in the context of today's debate, and in any reform of the Criminal Code, that there are already detailed sentencing principles that a judge must apply in their consideration of the appropriate punishment.
For example, under section 718.01, any time there is an offence against children, the court, when imposing a sentence, has to give primary consideration to the objectives of denunciation and deterrence of such conduct. Under the existing section 718.04, when it comes to an offence against a vulnerable person, the court has to give primary consideration to the objectives of denunciation and deterrence. Also, a fundamental principle that is outlined under section 718.1 is that a sentence must be proportionate to the gravity of the offence and the responsibility of the offender.
Of course, the section that has often been quoted in these types of debates pertains to the other sentencing principles as outlined under the existing section 718.2, which, for the purposes of debating Bill C-219, I should mention specifically reference whether the offender, in committing an offence, abused a person under the age of 18 years; whether the offender, in committing the offence, abused a position of trust or authority in relation to the victim; and, also, evidence that the offence had a significant impact on the victim, considering their age and other personal circumstances, including their health.
All of these specific references, which are already in the Criminal Code, give judges incredible leeway to apply the appropriate punishment for the appropriate crime.
I know that these crimes illicit a very strong, emotional response. However, it is important for us to remember that the Criminal Code, at the end of the day, is not a proactive piece of legislation. It is is very often a reactive piece of legislation. It comes into effect after the fact, after the crime has been committed. Our ultimate goal is to try and engage in preventative measures and, of course, to make sure that we do have those supports in place for the victims.
I do thank the member for Perth—Wellington for bringing forward the bill for debate and, again, I know that it is coming from a good place and has very noble intentions. However, in conclusion, my NDP colleagues and I support doing what is most effective to prevent crime and that also offers the best outcomes for the victims of crime.