Liberals table bill that would repeal mandatory minimums for some drug, gun crimes
The federal government introduced a bill in the House of Commons on Tuesday that would repeal mandatory minimum penalties for drug offences and some gun-related crimes.
It would allow a judge to exercise discretion in 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 for greater use of conditional sentences, including house arrest, counselling or treatment, for those who do not threaten public safety.
It also would require police and prosecutors to consider alternative measures for cases of simple drug possession, such as diverting individuals to treatment programs, instead of laying charges or prosecuting.
These reforms have been long called for by advocates, who have argued that current measures perpetuate systemic racism in Canada's justice system, leading to disproportionately higher rates of imprisonment for Indigenous peoples, Black Canadians, and those struggling with substance use and addiction.
The bill revives legislation previously tabled in February that did not receive parliamentary approval before Prime Minister Justin Trudeau called a federal election in August.
Justice Minister David Lametti told a news conference Tuesday that the justice policy of the former Conservative government, which greatly expanded the use of mandatory minimum sentences, "simply did not work."
"The best evidence, sadly, is in our prison populations," Lametti said.
Indigenous adults represent five per cent of the Canadian population but 30 per cent of federal prisoners, double what it was 20 years ago, and the figure is even higher in some provinces, he said.
Black Canadians account for three per cent of the population but 7.2 per cent of federal offenders, added Lametti.
"This record is shameful."
Mandatory minimum sentences create a rigid, one-size-fits-all approach that make it impossible for judges to take into account mitigating factors and to impose a sentence that fits the crime, he said.
The justice minister stressed that the legislation is not aimed at "hardened criminals" but first-time, low-risk offenders.
"Think about your own kids. Perhaps they got into trouble at some point with the law. I bet you would want to give them the benefit of the doubt or a second chance if they messed up. Well, it is a lot harder to get a second chance the way things are now," Lametti said.
"And that's particularly true if you are a young person who happens to be Indigenous or Black."
Mandatory minimums would remain in place for serious convictions such as murder, some sexual offences including child sexual offences, impaired driving and severe firearm offences including those linked to organized crime, Lametti said.
He said judges will still be able to impose long sentences if they are necessary and the legislation would simply give back the possibility of imposing sentences that "reflect the crime."
The broader discretion provided to judges in sentencing is a departure from the mandatory minimum sentences that were either added or increased during the years of Stephen Harper's Conservative government.
Jody Wilson-Raybould, who was justice minister until early 2019, had begun work to review mandatory minimum sentences but 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 that demanded mandatory minimums be eliminated. 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 has concerns about the proposal for courts to have the discretion to sentence offenders to serve their sentence in the community instead of prison for certain offences, such as sexual assault, human trafficking and kidnapping.
He added that the Conservatives believe violent offences committed with firearms deserve mandatory prison time, as opposed to weakening firearm laws.
In a joint statement, NDP justice critic Randall Garrison and mental health and addictions critic Gord Johns said that while the bill is a good step, it does not come close to what is needed to remedy the over-incarceration of Indigenous and Black people in the justice system.
Garrison and Johns added that the Liberal government needs to take steps toward decriminalizing possession of illegal substances for personal use, and creating a comprehensive strategy to address the crisis of overdose-related deaths.
Sandra Ka Hon Chu, co-executive director of the HIV Legal Network, said the bill is a promising way forward, but noted it has some problematic features that seem at odds with the stated spirit of these reforms.
She said the bill is flawed because it fails to simply repeal section four of the Controlled Drugs and Substances Act, which makes it a crime to possess drugs for personal use.
Another issue is the ability for police and prosecutors to exercise discretion about whether or not to prosecute, she said.
"If we truly believe that problematic substance use is a health issue, why are we still giving police and prosecutors a tool to lay charges against people?"
This report by The Canadian Press was first published Tuesday, Dec. 6, 2021.
---
This story was produced with the financial assistance of the Facebook and Canadian Press News Fellowship.
Correction
This is a corrected story. An earlier version erroneously reported the NDP is calling for decriminalization of cannabis possession.
IN DEPTH
Budget 2024 prioritizes housing while taxing highest earners, deficit projected at $39.8B
In an effort to level the playing field for young people, in the 2024 federal budget, the government is targeting Canada's highest earners with new taxes in order to help offset billions in new spending to enhance the country's housing supply and social supports.
'One of the greatest': Former prime minister Brian Mulroney commemorated at state funeral
Prominent Canadians, political leaders, and family members remembered former prime minister and Progressive Conservative titan Brian Mulroney as an ambitious and compassionate nation-builder at his state funeral on Saturday.
'Democracy requires constant vigilance' Trudeau testifies at inquiry into foreign election interference in Canada
Prime Minister Justin Trudeau testified Wednesday before the national public inquiry into foreign interference in Canada's electoral processes, following a day of testimony from top cabinet ministers about allegations of meddling in the 2019 and 2021 federal elections. Recap all the prime minister had to say.
As Poilievre sides with Smith on trans restrictions, former Conservative candidate says he's 'playing with fire'
Siding with Alberta Premier Danielle Smith on her proposed restrictions on transgender youth, Conservative Leader Pierre Poilievre confirmed Wednesday that he is against trans and non-binary minors using puberty blockers.
Supports for passengers, farmers, artists: 7 bills from MPs and Senators to watch in 2024
When parliamentarians return to Ottawa in a few weeks to kick off the 2024 sitting, there are a few bills from MPs and senators that will be worth keeping an eye on, from a 'gutted' proposal to offer a carbon tax break to farmers, to an initiative aimed at improving Canada's DNA data bank.
Opinion
opinion Don Martin: Gusher of Liberal spending won't put out the fire in this dumpster
A Hail Mary rehash of the greatest hits from the Trudeau government’s three-week travelling pony-show, the 2024 federal budget takes aim at reversing the party’s popularity plunge in the under-40 set, writes political columnist Don Martin. But will it work before the next election?
opinion Don Martin: The doctor Trudeau dumped has a prescription for better health care
Political columnist Don Martin sat down with former federal health minister Jane Philpott, who's on a crusade to help fix Canada's broken health care system, and who declined to take any shots at the prime minister who dumped her from caucus.
opinion Don Martin: Trudeau's seeking shelter from the housing storm he helped create
While Justin Trudeau's recent housing announcements are generally drawing praise from experts, political columnist Don Martin argues there shouldn’t be any standing ovations for a prime minister who helped caused the problem in the first place.
opinion Don Martin: Poilievre has the field to himself as he races across the country to big crowds
It came to pass on Thursday evening that the confidentially predictable failure of the Official Opposition non-confidence motion went down with 204 Liberal, BQ and NDP nays to 116 Conservative yeas. But forcing Canada into a federal election campaign was never the point.
opinion Don Martin: How a beer break may have doomed the carbon tax hike
When the Liberal government chopped a planned beer excise tax hike to two per cent from 4.5 per cent and froze future increases until after the next election, says political columnist Don Martin, it almost guaranteed a similar carbon tax move in the offing.
CTVNews.ca Top Stories
Senate expenses climbed to $7.2 million in 2023, up nearly 30%
Senators in Canada claimed $7.2 million in expenses in 2023, a nearly 30 per cent increase over the previous year.
Pedestrian, baby injured after stroller struck and dragged by vehicle in Squamish, B.C.
Police say a baby and a pedestrian suffered non-life-threatening injuries after a vehicle struck a baby stroller and dragged it for two blocks before stopping in Squamish, B.C.
Tom Mulcair: Park littered with trash after 'pilot project' is perfect symbol of Trudeau governance
Former NDP leader Tom Mulcair says that what's happening now in a trash-littered federal park in Quebec is a perfect metaphor for how the Trudeau government runs things.
'It’s discriminatory': Individuals refused entry to Ontario legislature for wearing keffiyeh
Individuals being barred from entering Ontario’s legislature while wearing a keffiyeh say the garment is part of their cultural identity— and the only ones making it political are the politicians banning it.
RCMP uncovers alleged plot by 2 Montreal men to illegally sell drones, equipment to Libya
The RCMP says it has uncovered a plot by two men in Montreal to sell Chinese drones and military equipment to Libya illegally.
Government agrees to US$138.7M settlement over FBI's botching of Larry Nassar assault allegations
The U.S. Justice Department announced a US$138.7 million settlement Tuesday with more than 100 people who accused the FBI of grossly mishandling allegations of sexual assault against Larry Nassar in 2015 and 2016, a critical time gap that allowed the sports doctor to continue to prey on victims before his arrest.
BREAKING Canucks goalie Thatcher Demko won't play in Game 2
The Vancouver Canucks will be without all-star goalie Thatcher Demko when they face the Nashville Predators in Game 2 of their first-round playoff series.
Man wanted in connection with deadly shooting in Toronto tops list of most wanted fugitives in Canada
A 35-year-old man wanted in connection with the murder of Toronto resident 29-year-old Sharmar Powell-Flowers nine months ago has topped the list of the BOLO program’s 25 most wanted fugitives across Canada, police announced Tuesday.
Doctors ask Liberal government to reconsider capital gains tax change
The Canadian Medical Association is asking the federal government to reconsider its proposed changes to capital gains taxation, arguing it will affect doctors' retirement savings.
Local Spotlight
Mystery surrounds giant custom Canucks jerseys worn by Lions Gate Bridge statues
The giant stone statues guarding the Lions Gate Bridge have been dressed in custom Vancouver Canucks jerseys as the NHL playoffs get underway.
'I'm committed': Oilers fan won't cut hair until Stanley Cup comes to Edmonton
A local Oilers fan is hoping to see his team cut through the postseason, so he can cut his hair.
'It's not my father's body!' Wrong man sent home after death on family vacation in Cuba
A family from Laval, Que. is looking for answers... and their father's body. He died on vacation in Cuba and authorities sent someone else's body back to Canada.
'Once is too many times': Education assistants facing rising violence in classrooms
A former educational assistant is calling attention to the rising violence in Alberta's classrooms.
What is capital gains tax? How is it going to affect the economy and the younger generations?
The federal government says its plan to increase taxes on capital gains is aimed at wealthy Canadians to achieve “tax fairness.”
UBC football star turning heads in lead up to NFL draft
At 6'8" and 350 pounds, there is nothing typical about UBC offensive lineman Giovanni Manu, who was born in Tonga and went to high school in Pitt Meadows.
Cat found at Pearson airport 3 days after going missing
Kevin the cat has been reunited with his family after enduring a harrowing three-day ordeal while lost at Toronto Pearson International Airport earlier this week.
Molly on a mission: N.S. student collecting books about women in sport for school library
Molly Knight, a Grade 4 student in Nova Scotia, noticed her school library did not have many books on female athletes, so she started her own book drive in hopes of changing that.
Where did the gold go? Crime expert weighs in on unfolding Pearson airport heist investigation
Almost 7,000 bars of pure gold were stolen from Pearson International Airport exactly one year ago during an elaborate heist, but so far only a tiny fraction of that stolen loot has been found.