Liberals propose repeal of some mandatory minimum sentences for weapons and drugs

The federal government introduced a bill in the House of Commons on Tuesday that would repeal mandatory minimum penalties for drug offenses and some weapons-related offenses.

It would allow a judge to exercise discretion when imposing sentences that relate to the facts of the case, including considerations of the individual’s experience with systemic racism and whether they pose a risk to public safety.

The legislation would allow greater use of conditional sentences, including house arrest, counseling or treatment, for those who do not threaten public safety.

It would also require police and prosecutors to consider alternative measures for simple drug possession cases, such as diverting people to treatment programs, rather than pressing charges or prosecuting.

These reforms have been requested for a long time advocates, who have argued that the current measures perpetuate systemic racism in the justice system of Canada, leading to rates disproportionately high incarceration for indigenous peoples, blacks Canadians and those who fighting substance use and addiction.

The bill revives legislation previously introduced in February that did not receive parliamentary approval before Prime Minister Justin Trudeau called federal elections in August.

Justice Minister David Lametti told a news conference Tuesday that the former Conservative government’s justice policy, which greatly expanded the use of mandatory minimum sentences, “just didn’t work.”

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“The best evidence, sadly, is in our prison populations,” Lametti said.

Indigenous adults make up 5 percent of the Canadian population, but 30 percent of federal prisoners, double what it was 20 years ago, and the number is even higher in some provinces, he said.

Black Canadians make up three percent of the population, but 7.2 percent of federal criminals, Lametti added.

“This record is disgraceful.”

Mandatory minimum sentences create a rigid and universal approach that makes it impossible for judges to take mitigating factors into account and impose a sentence that fits the crime, he said.

The justice minister emphasized that the legislation is not aimed at “hardened criminals”, but at first-time and low-risk criminals.

“Think of your own children. Maybe got into trouble at some point with the law. I bet you want to give them the benefit of the doubt or a second chance if they are wrong. Well, it’s much harder to get a second chance as they are things now, “Lametti said.

“And that is particularly true if you are a young person who happens to be indigenous or black.”

The mandatory minimums would remain in effect for serious convictions such as murder, some sex crimes, including sexual crimes against children, drunk driving and serious firearm offenses, including those linked to organized crime, Lametti said.

He said judges will still be able to impose long sentences if necessary and the legislation would simply restore the possibility of imposing sentences that “reflect the crime.”

The broader discretion afforded to judges when passing sentences is a departure from the mandatory minimum sentences that were added or increased during the years of the Conservative government of Stephen Harper.

Jody Wilson-Raybould, who was Justice Minister until early 2019, had begun work to review mandatory minimum sentences, but the change did not materialize and the government has since faced increased pressure to take action.

In June 2020, the multi-party parliamentary black caucus announced a call to action demanding that the mandatory minimums be removed. Lametti was one of the signatories.

Conservative justice critic Rob Moore said in a statement that the bill was soft on crime and puts communities and victims at risk.

Moore said his party is concerned about the proposal that courts have discretion to convict offenders to serve their sentences in the community rather than incarcerate them for certain crimes, such as sexual assault, human trafficking and kidnapping.

He added that conservatives believe violent crimes committed with firearms deserve mandatory prison time, rather than weakening firearm laws.

In a joint statement, NDP justice critic Randall Garrison and mental health and addiction critic Gord Johns said that while the bill is a good step, it does not come close to what is needed to remedy the excessive incarceration of indigenous and black in the United States. justice system.

Garrison and Johns added that the liberal government must take steps to decriminalize the possession of illegal substances for personal use and create a comprehensive strategy to address the crisis of overdose-related deaths.

Sandra Ka Hon Chu, co-executive director of HIV Legal Network, said the bill is a promising way forward, but noted that it has some problematic features that appear to contradict the stated spirit of these reforms.

She said the bill is flawed because it simply does not repeal section four of the Controlled Drugs and Substances Act, which criminalizes the possession of drugs for personal use.

Another problem is the ability of police and prosecutors to exercise discretion over whether to prosecute or not, he said.

“If we really believe that problematic substance use is a health problem, why do we continue to give the police and prosecutors a tool to press charges against people?”

This Canadian Press report was first published on Tuesday, December 6, 2021.

This story was produced with financial assistance from Facebook and the Canadian Press News Fellowship.