Elizabeth May : Mr. Speaker, I want to return to the concern that I have expressed this evening, that despite good intentions perhaps in the way this legislation is drafted to deal with a concern the public has, which I feel is driven by the headlines as opposed to empirical evidence, we may inadvertently make the situation worse.
The courts have been very clear that the not criminally insane provisions and much of the law that surrounds them must be seen in the context of mental health and treatment and not in a more punitive approach.
In evidence of this, I would just cite briefly from Mr. Justice Binnie in the Owen case, who said:
It is of central importance to the constitutional validity of this statutory arrangement that the individual…be confined only for reasons of public protection, not punishment.
I put it for my friend from Langley, that this bill, in many areas, seems to trespass from the preventative mental health focus to one that is treating mentally ill persons as criminals and subject to more severe punishment.
Mark Warawa: Mr. Speaker, I thank the member for being here during these late hours.
As parties, we have the opportunity to take a breather, but she is here, faithfully representing her community. I want to thank her for that. It takes a lot of effort for her to do it by herself.
To the member’s question about whether this is punitive, it is absolutely not. This is reaching a balance where the courts still have discretion to put a classification on somebody who presents, or could present, a very high risk of reoffending. The paramount consideration is whether this designation needs to be put on an individual to protect the public.
The courts have the discretion. If the designation is put on, it would only be the courts that could remove it.
Good Sunday Morning – January 24
January 24th, 2021
Good Sunday Morning – January 10
January 10th, 2021
Good Sunday Morning – Jan 3
January 3rd, 2021
Good Sunday Morning – December 13
December 13th, 2020
Good Sunday Morning – December 6
December 6th, 2020
Good Sunday Morning – November 29
November 29th, 2020
Green Party calls on government to declare housing and homelessness national crises, clamp down on commodification of housing market
February 10th, 2021
Greens raising alarm on rapid erosion of public transportation across Canada
January 25th, 2021
Green Party urges focus and collaboration as MPs return to Parliament
January 24th, 2021
Greens join in multi-party press conference to mark the Treaty on the Prohibition of Nuclear Weapons coming into force
January 21st, 2021
Green MPs Elizabeth May and Jenica Atwin recognized in Maclean’s 12th annual Parliamentarians of the Year awards
January 13th, 2021
Green Party condemns steady erosion of civil liberties in Hong Kong
January 6th, 2021
‘Twas just weeks before Christmas…
December 9th, 2020
Elizabeth asks Environment Minister to close Basel Convention loophole
December 9th, 2020
Elizabeth’s statement on the 50th anniversary of the Royal Commission on the Status of Women
December 7th, 2020
Green Caucus letter to Mins. Bains and O’Regan re: Small Modular Reactors
November 9th, 2020
Green Caucus stands in solidarity with pro-democracy protests in Bulgaria
September 14th, 2020
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