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Justice committee  Of course.

May 29th, 2012Committee meeting

Michael Spratt

Justice committee  There is some different research around maximum penalties. I think that would be a fascinating topic. I think the time is very ripe for a re-evaluation of the Criminal Code and to incorporate evidence-based policies. We've seen the ability to have consecutive life sentences...or

May 29th, 2012Committee meeting

Michael Spratt

Justice committee  That's sort of the point. It may be about public order and public perception, but quite unfortunately the evidence shows that mandatory minimum sentences don't deter; they don't prevent these crimes. If one ignores that evidence and one ignores the potential detrimental consequen

May 29th, 2012Committee meeting

Michael Spratt

Justice committee  The principle I'm speaking of is judicial discretion. For a judge who hears the facts of the case, to impose a just and reasonable sentence, given the offender's personal circumstances, given the offence type and the circumstances of the offence...a minimum sentence removes that

May 29th, 2012Committee meeting

Michael Spratt

Justice committee  I did. It may not be the most useful use of our time to go over it. I think the starting point is this. When the government wants to change legislation and introduce new legislation, shouldn't it be the government that justifies and demonstrates that utility is there? But if we

May 29th, 2012Committee meeting

Michael Spratt

Justice committee  I can forward them to the clerk of the committee, of course.

May 29th, 2012Committee meeting

Michael Spratt

Justice committee  That's my position. We only need to look south of the border to see experiences with mandatory minimum sentences in other jurisdictions, but I fully agree with Justice Major on that point.

May 29th, 2012Committee meeting

Michael Spratt

Justice committee  No, not that I've seen.

May 29th, 2012Committee meeting

Michael Spratt

Justice committee  Currently, no. I understand the intent is to apply only to stranger abductions, which would be an interesting point to look at, the deterrent effect of a minimum sentence as it relates to a family member and to a stranger. It might provide actually less deterrent effect when you'

May 29th, 2012Committee meeting

Michael Spratt

Justice committee  A specific number has some advantages because it's less amorphous than a term like “vulnerable” or relying on some other qualitative factors. But it appears to be completely arbitrary in terms of an age. There is nothing of great import about the age of 16, except I suppose that

May 29th, 2012Committee meeting

Michael Spratt

Justice committee  The mandatory minimum sentence for first-degree murder?

May 29th, 2012Committee meeting

Michael Spratt

Justice committee  No, it's not. There are many minimum sentences that aren't unconstitutional. That's a separate question about whether it's good policy or effective policy.

May 29th, 2012Committee meeting

Michael Spratt

Justice committee  Probably in a very heinous case, where the case law already demonstrates that sentences are greater than five years...in that case it may very well survive a constitutional challenge. Where the legislation on minimum sentences runs into problems is for cases that may have mitig

May 29th, 2012Committee meeting

Michael Spratt

Justice committee  Maybe this was a wrong assumption on my part. I was under the impression that there might be an amendment contemplated already to this bill to exclude parents and perhaps other relations of the child, in order to avoid a conflict with some of the other sections. We could have an

May 29th, 2012Committee meeting

Michael Spratt

Justice committee  Not that I've seen.

May 29th, 2012Committee meeting

Michael Spratt