OF MINIMUM SENTENCES AND THE BLOC
by Erin Stewart (Brantford, Ontario)
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While the Bloc Quebecois response to Bill C-268, Mandatory Minimums for Human Trafficking a Minor, did provide a broad critique of the Canadian Criminal Justice system, it was not successful in providing a comprehensive review of the Bill itself. The negative things outlined by Mrs. DeBellefeuille relating to minimum sentences can actually find their root causes in the justice system itself. As she stated, our “existing legal system needs considerable improvement”; however, this bill is neither a reflection of our current legal system nor will it multiply the negative aspects of our legal system. This bill will act in the best manner possible for a legal system of this nature.
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Although Mrs. DeBellefeuille stated that “many experts have established that minimum sentences have negative effects and dubious value when it comes to fighting crime”, from my experience, no punishments actually exist that act as effective preventative measures to criminal activity. Though some restorative justice techniques have been deemed appropriate by some experts for dealing with specific types of crimes, these measures are neither permitted nor appropriate for crimes of this magnitude.
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The “negative impacts” Mrs. DeBellefeuille provided pertaining to effects of minimum sentencing during pre-trial and trial are hardly problems that occur solely on charges that have minimum sentences. It is the current judicial flavor to Plea bargain more often than not. This occurs out of necessity to keep the wheels of justice turning since an Assistant Crown Attorney averages nearly double the workload then that of their counterpart Defence Lawyer carries and Defence Attorneys get paid by the hour. Although plea bargaining can leave a stale taste in one’s mouth, the justice system seems to believe it is a more practical avenue to explore before entering a long and drawn out trial; it is a commonly used tool to save time and money. And if judges don’t convict somebody that is guilty simply because they are afraid that person will have to serve a minimum sentence, it’s not their discretion I’m worried about – it’s their credibility as someone who stands for justice in this country.
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Providing a minimum sentence will not take away judicial discretion. The minimum sentence is five years and the maximum sentence is 14, there are nine years, for discretionary measures, made available to every judge with one of these cases on their docket. If individuality were so important in Canada, judges wouldn’t already be forced to use case law and previously set precedents to sentence individuals being convicted of similar crimes. As for the idea of proportionality, that is exactly what this bill is attempting to accomplish. C-268 wants to make the sentence of the crime proportionate to the gravity of the offence and the degree of responsibility of the offender. That is exactly what this bill seeks. Because the trafficking of minors is such a heinous offence, there must be a minimum sentence that reflects society’s abhorrence to such crimes.
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Our current justice system will never function at full potential until we start using it the way it is meant to be used. That means creating meaningful consequences for those committing horrible crimes. It means serving five years if you were sentenced to five years, not getting out after a third of your time for good behaviour – no wonder people commit crimes over and over again. Justice doesn’t mean providing a swift slap on the wrist every time somebody does something illegal.
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I have to agree with Mrs. DeBellefeuille’s view that a major issue today is crime prevention. Though on one level Bill C-268 is about justice and ensuring that the nature of these crimes are reflected in their sentences, another large part of this Bill is prevention on an international scale. Many other nations already have minimum sentences for trafficking a minor. Because this is a crime that exceeds domestic boundaries, Canada also has an international obligation to make a statement that this kind of behaviour will not be tolerated in Canada. If someone participating in this kind of illegal behaviour is going to make a decision about where they are going to set up shop, Canada is currently at the top of their destination list because even if they are caught, not a whole lot is going to happen to them. These criminals are completely aware of the laws surrounding the areas they take their business. Let’s make the costs outweigh the benefits!
