Question
The Minister of Justice, the Hon. David Lametti, in February 2021 tabled in the House of Commons, Bill C-22 ( https://parl.ca/DocumentViewer/en/43-2/bill/C-22/first-reading ) to amend the
The Minister of Justice, the Hon. David Lametti, in February 2021 tabled in the House of Commons, Bill C-22 (https://parl.ca/DocumentViewer/en/43-2/bill/C-22/first-reading) to amend theCriminal Code of Canadato remove a number of minimum mandatory sentences for the possession and/or use of firearms or imitation firearms during the commission of a crime. These mandatory minimum sentences were mainly added to theCriminal Codeby the previous Government of the Rt. Hon. Stephen Harper.
The Liberal government stated that these selected MMP provisions no longer serve the course of justice and contribute to overincarceration of indigenous people and people of colour. In order to reduce overincarceration, the Bill proposed to give judges more discretion in such cases by removing such mandatory minimum penalties in order to facilitate rehabilitation and reintegration and thereby reduce recidivism. The Bill was given first reading in the spring of 2021 and was referred to the House Committee on Justice to review its merits, to consult with stakeholders and to make appropriate recommendations, including any necessary amendments. Bill C-22 died on the order paper when the House was dissolved for the general election of September 20th, 2021. The Government reintroduced the content of Bill 22 as Bill C-5 into the House of Commons on 7th December, 2021. Seehttps://www.cbc.ca/news/politics/liberals-remove-mmps-from-criminal-code-1.6276568
You, as a legal counsel for the House Justice Committee, are to summarize hypothetical submissions to the Committee from the following major stakeholders:
- The Department of Justice
- The Canadian Association of Chiefs of Police
- The Black Criminal Lawyers Association
- The Assembly of First Nations.
Upon receipt of your summary, the Chair of the Committee has asked you to help him/her to draft a final report for consideration and approval by the Committee.
The Committee Chair wants you to criticize the above submissions and to assess the costs and practicality of the proposed amendments, as well as the degree of probable acceptance of such changes. The Conservative Party has already announced they oppose such changes, while the NDP is enthusiastic and the Bloc Quebecois is indifferent.
You are to support your final report with policy, ethical and legal arguments and provide relevant data, case law and statutory and constitutional authorities, including reference to any international law instruments, such as theUN Declaration on the Rights of Indigenous Peoples
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