QUESTION PERIOD — Ministry of Justice
Judicial Discretion
October 5, 2022
At the Legal Committee last week, you discussed with Senator Cotter the fact that every major sentencing law reform Indigenous inquiry has called for the repeal of all or at the very least this clause for structural discretion of the type that former Chief Justice McLachlin recommended in Lloyd, yet you have decided not to implement that. What is your government planning to do to remedy this situation? And have you considered a reference to the Supreme Court of Canada on this issue?
Thank you, senator. I said at the committee, and I will repeat now for the whole of the Senate, that I think this is what is possible now. There are a number of mandatory minimum penalties which I think the vast majority of the Canadian public would not agree to repeal — sexual assault offences and sexual offences against children, for example, are things that I think the Canadian public would not accept — or there are other questions that would need to be addressed first. For example, in the North, we need to address housing quite badly before we can think about certain mandatory minimum penalties because there aren’t options for places to go that are safe. We have invested in shelters and that sort of thing in the North, but more work needs to be done. I sincerely believe this is where we are now.
Honourable senators, the time for Question Period has expired.
I know all senators will want to join me in thanking Minister Lametti for being with us today. Thank you, minister. We look forward to seeing you again.
