Discussion · Government Orders

Glen Motz Conservative

“Our justice system already gives police and prosecutors enough flexibility. This bill lets judges ignore mandatory minimum prison sentences for almost every crime. It allows courts to override decisions made by Parliament. Why is the government doing this?”
Official Hansard

Madam Speaker, the Liberals tell us that the judicial safety valve is necessary to ensure flexibility. However, the criminal justice system already has safety valves in it. Police officers exercise discretion and lay charges, and the prosecutor has discretion on how they are going to handle a case and what that will look like for them. To me, the judicial safety valve would create an additional layer of discretion that would allow courts to effectively override Parliament’s decision. However, Parliament is supposed to be the one that makes these decisions. We know that clause 63 in the bill would go much further by allowing judges to completely disregard mandatory minimums, except for treason and murder. Why is that?

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