QUESTION PERIOD — Justice
Mandatory Minimum Penalties
November 20, 2024
Leader, on this National Child Day, my question concerns an incredibly disturbing ruling issued by the Supreme Court of Canada a year ago which found that mandatory minimum penalties for child luring were unconstitutional. The court ruled that mandatory jail time of six months on a summary conviction and one year for an indictment amounted to cruel and unusual punishment. Canadians were understandably appalled by this decision.
After the ruling was handed down, a spokesperson said the Minister of Justice was reviewing the decision closely.
Leader, why have Canadians heard nothing since then from your government about this ruling?
The Government of Canada has enormous respect for our Constitution and the independent institutions, like our courts, that interpret it.
The review of any legislation that a court rules unconstitutional is a serious process that this government engages in. If and when there are proposed changes to laws, they will be announced. I have nothing to announce at this juncture.
The NDP-Liberals have failed to say or do anything about this over the past year. Vulnerable children who are victims of child luring deserve to have a government and a justice system they can trust to protect them. Common-sense Conservatives believe this, leader. If your government does as well, then what are you doing in response to this ruling?
Senator, as you know, when the Supreme Court, the highest court in our land, rules that a law is unconstitutional, there are not many options available to a government. Of course, it could — although no federal government ever has — use a “notwithstanding” clause to oust the application of the Charter. It is not the position of this government that that is an appropriate step.
Other than that, I have nothing to add to my previous answer.
