Mr. Speaker, tonight I rise to speak to Bill C‑220, an act to amend the Criminal Code regarding immigration status in sentencing. I think it is a shame that we have to talk about immigration this evening because of a bill. What we should be talking about are the business owners and claimants who are paying the price for the unacceptable delays caused by the mismanagement of the Minister of Immigration, Refugees and Citizenship. In Laurentides—Labelle, people are concerned and upset and their trust in democratic institutions is suffering. That is the real problem we should be dealing with.
The Bloc Québécois is cautious about Bill C-220 because this Conservative bill is rife with disinformation, demagoguery and populism. We are getting used to that. This bill is biased because it conflates facts and perceptions. It conflates the law with the conception of an idea and a value rather than what should take precedence in law: the facts. It is actually harmful to democracy, because not relying on facts is harmful to democracy. That is why the Bloc Québécois wants the bill to go to parliamentary committee so that the Standing Committee on Justice and Human Rights can examine the facts, the reality, the case law, and do diligent work.
The judicial system is under attack across the western world. This is a tactic used by the extreme right and alternative movements. Let us not bring this discussion into our province. Quebec is a place that has been spared this rhetoric, and it is our duty as parliamentarians, but also as Quebeckers, to fight against the current trend of having politics interfere with justice. Since becoming a member of Parliament, I have said this many times, and it worries me: weaponizing the justice system and judges is a road to nowhere. All it does is inflate dubious theories. It is the job of parliamentarians to look into the matter. If there is a problem, then it is up to us to fix it, but please, let us not use partisanship to undermine our institutions.
I have a question for the Conservatives. They claim to be in favour of law and order, so why did the Harper government amend the Immigration and Refugee Protection Act, or the IRPA, to reduce the criterion for serious criminality from two years less a day to six months? I think that is a valid question. Why did the Conservatives amend the IRPA to prohibit a person from appealing a removal order if they are inadmissible on grounds of serious criminality? Generally, those who support law and order also support fairness in the justice system. They support transparency in the justice system. They support a justice system that judges everyone equally. However, that is not the premise of this bill.
The Bloc Québécois agrees with the principle that the effect that a sentence has on the offender's immigration status cannot be the determining factor in sentencing. However, that should not be done with a negative view. The Conservatives mentioned the Pham case, but do they understand it? The 2013 ruling does not state anywhere that the immigration consequences of a sentence must take precedence. The court simply noted that the immigration consequences of a sentence are one consideration among many. In addition, Bill C‑220 also states that a judge would not be able to consider the effect that a sentence might have on a family member. I want to point out that I am deeply uncomfortable with this provision. It could have the effect of undermining the best interests of a child. That is very concerning.
I am also concerned about the Conservatives' attempts to restrict judges' discretion. In order for judges to do their job, they must have the freedom to impose sentences that are individualized and proportionate to the gravity of the offence. They must be able to weigh all the factors. I want to be clear: The Supreme Court does not order judges to impose sentences based solely on a person's immigration status, but rather to consider it as one factor among others so that the sentence and its consequences are proportionate to the gravity of the offence. The Conservatives want a system of revenge. What I want, and what my colleagues in the Bloc Québécois want, is an impartial, transparent justice system that is free of partisanship.
Do we want an American-style system riddled with abuse, or do we want a real justice system? A justice system is what defines a government. I am a sovereignist, as everyone knows. I want Quebec to be a republic, as everyone also knows. In the meantime, I live in Canada and I do not want to live in a society where the justice system is at the mercy of the government in power. That is dangerous.