QUESTION PERIOD — Justice
Mandatory Minimum Penalties
May 17, 2022
Honourable senators, my question is for the Government Representative in the Senate.
Yesterday, we launched a report representing a collaboration between our office, 12 Indigenous women with lived experiences of injustices and miscarriages of justice in the criminal legal system, Indigenous senators and leaders and numerous other experts and advisers. The report highlights the role of systemic colonialism, racism and misogyny in marginalizing, victimizing, criminalizing and institutionalizing women, including by failing to protect women experiencing violence and then subjecting them to a mandatory life sentence when they use force to try to protect themselves or others. The report calls for a group review of the convictions and sentences of these 12 Indigenous women by the Law Commission of Canada or the anticipated miscarriages of justice commission.
In light of the role that mandatory life sentences play in the miscarriages of justice for Indigenous women, will the government commit to amending Bill C-5 prior to referring it to the Senate in order to ensure that judges can do their job of assessing all circumstances when sentencing so that they are not unfairly handcuffed by mandatory minimum sentences, as they were in the cases of many of these 12 women?
Thank you for your question.
The government introduced Bill C-5 to address Indigenous overrepresentation, systemic racism and discrimination in the justice system. The bill aims to restore access to community-based sentences and repeal unnecessary mandatory minimum penalties that have unfairly affected Indigenous people, as well as Black and marginalized Canadians. The government is also making important investments in this regard, including $9 million announced recently to support and expand the Indigenous Justice Centres in British Columbia.
Indeed, Bill C-5 is part of an overall justice strategy, particularly with respect to addressing systemic racism, which I note is an undertaking included in the minister’s mandate letter. Further, my understanding is that the minister had positive discussions with Indigenous senators last week and that such engagement will continue. I’m further advised that the minister is open to broader discussions on justice strategy.
Thank you, Senator Gold.
In fact, the government’s own research shows that the bill will not decrease Indigenous overrepresentation, based on what it has introduced, so I’m also interested in what the timeline is and what steps remain before these commissions are operational. If the government is not planning immediate review of these women’s cases by these commissions, how will they plan to remedy these miscarriages of justice?
As I have said, the government is committed to addressing Indigenous overrepresentation, systemic racism, discrimination and the injustice that flows from that in our justice system.
With regard to your question, senator, I’m advised that the government is carefully reviewing the report to which you referred and its recommendations. As a result, I cannot provide information on timelines at this time. I am advised further, however, that the government is working to establish an independent criminal case review commission relying on the report received from former justices LaForme and Westmoreland-Traoré.
The government wishes to thank everyone who participated in the proceedings and consultations, including those who have been wrongly convicted, for sharing their insights, first-hand experiences and expertise.
