The federal government introduced a bill in the House of Commons on Tuesday that would repeal mandatory minimum sentences for drug offenses and certain gun crimes.
This would allow a judge to exercise his or her discretion to impose penalties related to the nature of a case, including considerations about the person’s experience with systemic racism and whether it poses a risk to public safety.
The legislation would allow greater use of conditional sentences, including house arrest, therapy or treatment, for those who do not threaten public safety.
It would also force police and prosecutors to consider alternative measures for simple drug possession cases, such as redirecting individuals to treatment programs, instead of laying charges or prosecuting.
These reforms have long been called for by advocates, who have argued that current measures perpetuate systemic racism in the Canadian justice system, resulting in disproportionately higher rates of imprisonment for Indigenous peoples, black people and women. people with drug addiction.
The bill reinstates legislation previously tabled in February, which had not received parliamentary approval before Prime Minister Justin Trudeau called a federal election in August.
Justice Minister David Lametti told a press conference on Tuesday that the former Conservative government’s justice policy “just hasn’t worked.”
“The best evidence, unfortunately, is in our prison populations,” he said.
Indigenous adults make up 5% of the Canadian population, but 30% of federal inmates, double the rate 20 years ago, and the percentage is even higher in some provinces, the minister noted.
Black Canadians represent 3% of the population, but 7.2% of federal offenders, added Lametti, who called the situation “shameful.”
Mandatory minimum sentences create a rigid and consistent approach that prevents judges from considering mitigating factors and imposing a sentence tailored to the crime, he said.
The justice minister stressed that the legislation is not aimed at “hardened criminals” but at low risk first-time offenders.
“Think about your own children,” Lametti insisted. Maybe they got into trouble at some point with the law. I bet you would like to give them the benefit of the doubt or a second chance if they are wrong. Well, it’s a lot harder to get a second chance as it is now. […] And this is especially true if you are a native or black youth. “
Mandatory minimum sentences would remain in place for serious convictions such as murder, sexual offenses, including child sexual offenses, impaired driving and serious firearms offenses, including those related to crime. organized, said Lametti.
He said judges will still be able to impose long sentences if they are necessary and that the legislation would simply restore the ability to impose sentences that “reflect the crime”.