Mr. Speaker, I did forget that and I thank the member.
I will now go to the three main elements of the bill and explain how they would fill the objectives of which I am supportive. I mentioned the unbalance of people in federal institutions. Certain mandatory minimums have also been found unconstitutional because they are excessive. They do not reasonably match the crime and the criminal with the punishment. People can get off unreasonably and I do not think others would want that if that happened.
Another item related to the mandatory minimums is it leads to longer trials and often more cases end in acquittals, that many would not have occurred if people were not facing an unreasonable option as an end result. Another reason, from my perspective, is for first-time offenders on minor offences. The evidence has shown that often it is less safe and has less positive results when first-time offenders are put in jail as opposed to some of the alternatives like diversion and other types of programs and treatments.
We are all social animals. If people do not think they are, they can try to go against their own political party members on a particular issue.
I call jail the university of crime. If we put people in jail for the first time, they will learn from the people they deal with every day, and they will learn from every day on how to become more hardened criminals, rather than from dealing with their problem.
Some people say that putting criminals in jail makes communities safer. It does not if they are making more hardened criminals. The point people neglect to mention when making that case is that virtually almost everyone gets out of jail, so we want them safer when they get out and we want them rehabilitated.
Another reason to remove some mandatory minimums is that we cannot really trump other provisions of the justice system, like the Gladue provisions and other such provisions on racialized reports, by having a mandatory minimum. There is a conflict there. A number of people from various parties have raised the fact that it limits a trained judge from the individual tailoring of a sentence to the severity of the crime and the background of the criminal.
The second major item in the bill is related to the greater use of conditional sentences. For people who want evidence-based policy and legislation, it has been proven time and time again that people are far less likely to reoffend if they have the appropriate rehabilitation. A conditional sentence can be very hard with the treatment that can be assigned with it. It is not easy for someone, but it is much more effective.
I remember when we were dealing with this and debating it about 10 years ago. A big supporter of this was Conservative Senator Vern White, who had been the police chief in Whitehorse and then in Ottawa. At that time, recidivism rates were around 40% to 60%, and the conditional sentencing rates were 10% to 30%. Much progress has been made in many cases.
I appreciate the Bloc's view on this from the experiences it has had in Quebec with diversion, conditional sentences and other forms of dealing with people, especially young offenders. I remember in February 2001, Michel Bellehumeur from Berthier—Montcalm was really passionate about this. In fact, I think he spent most of his term in the House of Commons passionately making that case about more appropriate treatment of people. In that case, it was young offenders, but also more progressive and successful treatment of first-time offenders.
Also, I want to clarify what some have talked about with respect to safety and conditional sentencing. Once again, that is only allowed if the person is not a “danger to society ”, which is the term for use by the judge and only for a sentence that is less than two years. There have been a number of successful stories of women who were not put in jail, but were given conditional sentences to stay with their family and their social network, and go to treatment.
The third element of the bill relates to the possession of drugs. In the majority of crimes, people are either on substance or are trying to get money for a substance, including alcohol. Therefore, I personally would move more toward what Portugal is doing. It is a step in the right direction. If people have an addiction, the last thing they need is a criminal record. It is harder for them to get a job, which is what may have caused the addiction in the first place, to feed their family, etc.
Finally, the federal economic statement, which I hope we will be voting on this week, has support for some of the items that people have mentioned, such as support for the Gladue report, the race and cultural assessments and community justice centres, all of which can deal with the root causes and the situations people are in. From my perspective, this is a move in the right direction on a number of fronts to make it safer, to reduce the number of victims, to reduce the costs and to have a fairer justice system.
