Statement made on 24 November 2010 by Senator Charlie Watt
Hon. Charlie Watt:
Honourable senators, once again . . .
[Editor's Note: Senator Watt spoke in Inuktitut.]
Thank you. I stand before honourable senators today on the issue of Bill S-10, an act to amend the Controlled Drugs and Substances Act. With this legislation, formerly known as Bill C-15 in the last session, we are again asked to accept mandatory minimum sentences for drug offenders and are again asked to accept a bill that provides for drug courts only in some parts of this country.
Drug courts are not available in the North, East or the province of Quebec. Honourable senators, we are also looking at a bill that ignores a vital tradition established in the Criminal Code, known as the Gladue principle. Under this principle, judges are mandated under section 718.2(e) of the Criminal Code to look for alternatives to jail for Aboriginal offenders. Judges have been instructed to pay specific attention to the circumstances surrounding Aboriginal offenders during sentencing.
The minister stated that Bill S-10 will override the Gladue principles and that the mandatory minimum will apply to all people.
Honourable senators, the Standing Senate Committee on Legal and Constitutional Affairs received testimony last month from a witness, Michelle Mann, who spoke about interconnectedness of Fetal Alcohol Spectrum Disorder, substance abuse, Aboriginal offenders and the mandatory minimum sentences for drug crimes.
In the North, I have seen the ravages of alcohol on Inuit youth and the impact that Fetal Alcohol Syndrome Disorder has on the children. It is a fact that too many Aboriginal people struggle with this terrible condition without proper diagnosis or support. They too often find themselves in trouble with the law because they struggle with this condition, and not simply because they are criminals.
Michelle Mann cautioned the committee. She said:
Canada's legal framework protects the rights of all Canadians, including offenders, to live without being disadvantaged by discrimination because of their race or disability. Mandatory minimums for drug offenders in a context where Aboriginal people disproportionately experience substance abuse issues and disproportionately suffer from FASD raise the spectre of discrimination based on both disability and race against Aboriginal offenders within justice system.
She then asked:
Where the offence is committed as a result of substance abuse, compounded by the disability of FASD and by Gladue factors, what are the government's obligations from a legal and policy perspective? Does a mandatory minimum meet these responsibilities, particularly in areas where drug courts are not available?
Honourable senators, if this bill is passed without addressing these issues, it places a judge in the position of having to give a mandatory minimum sentence. It eliminates their ability to suspend that sentence when certain circumstances, like Fetal Alcohol Syndrome, are present. Aboriginal people are struggling against some pretty tough odds. This bill creates yet another road block to rehabilitation.
The Legal and Constitutional Affairs Committee heard from dozens of witnesses who all agree there are serious problems with this bill. Mandatory minimum sentences are not a cure-all remedy that will solve Canada's issues with drug crimes. Section 718.2(e) of the Criminal Code does not give preferential treatment to aboriginal offenders — it attempts to level the field, but clearly this is not enough, as we have such a disproportionate representation of Aboriginals in our jails.
Collectively, Inuit and other Aboriginal people are so disadvantaged before entering the courts that we should be asking ourselves questions like: How can we tip the balance towards more equitable living standards? How can we provide culturally relevant intervention before crimes are committed? How can we ensure that Aboriginal people are well nourished, safely housed and have access to regular medical care?
We should be asking what the best practices are for them in drug rehabilitation. How do we reduce depression and anxiety within our Aboriginal communities? As parliamentarians, we have the opportunity to pass laws that will encourage community leaders to invest in the health and well being of their members.
I believe the time has come to hold an inquiry into the status of Aboriginal incarceration in this country. It is time for us to create new alcohol-free and drug-free communities in remote regions of the country where our youth can go back to the land and reclaim their personal well being. We need to create addictions treatment facilities in the North and on reserves.
If Bill S-10 is truly the best that Parliament has to offer, then we have failed to uphold the honour of the Crown, and we are further perpetuating the injustices to aboriginal citizens.
Motion in Amendment
Hon. Charlie Watt:
Therefore, honourable senators, I move:
That the Eleventh Report of the Standing Senate Committee on Legal and Constitutional Affairs be not now adopted but that it be amended:
(a) in the opening paragraph, by replacing "following amendment" with "following amendments"; and
(b) by adding amendment No 2 as follows:
"2. Page 6, clause 6: Add after line 14 the following:
"(6) A court sentencing an aboriginal person who is convicted of an offence under this Part is not required to impose the minimum punishment for the offence if the court is satisfied that
(a) the minimum punishment would be unduly harsh, having regard to the circumstances of the aboriginal offender; and
(b) another sanction that is reasonable in the circumstances is available.
(7) If, under subsection (6), the court decides not to impose a minimum punishment, it shall give reasons for that decision." ".