(OTTAWA) Federal Attorney General David Lametti on Tuesday defended new legislation allowing house arrest for sex offenders. A crown prosecutor on Monday criticized the Trudeau government for reopening the door to such punishments, which the Conservatives abolished in 2007.
Posted 11:19am Updated 1:45pm
“Our hearts go out to the victims of sexual assault. It’s something we have to fight as a society,” Minister Lametti said in a press crowd.
“Conditional sentences are only available if the sentence is less than two years and there is no risk to public safety. It is up to a judge to determine this at the time of sentencing,” he added, casually recalling that the prosecutor and defense counsel have the opportunity to present their arguments before the judge.
He declined to comment on the specific case of Jonathan Gravel, who avoided jail time Monday at the Montreal courthouse because he is open to appeal. The 42-year-old committed a violent sexual assault in 2014 by penetrating a woman’s anus without warning, despite her screams of denial and attempts to free herself from his grip. He was sentenced in 2018.
After a legal marathon, Judge David Simon sentenced him to 20 months in prison to serve in the community (suspended) for his rehabilitation and low risk of reoffending. The crown asked for 15 months in prison.
PHOTO MARCO CAMPANOZZI, THE PRESS
Jonathan Gravel, during his sentencing on Monday
Indeed, Jonathan Gravel has stretched the legal process for more than eight years, multiplying inquiries and changing attorneys. Had he received his sentence a few months earlier, he would not have been entitled to house arrest.
A flashback
“Right now, Justin Trudeau and [le ministre de la Justice] David Lametti is likely to be responsible for sexual assault victims,” Crown Prosecutor Me Alexis Dinelle said after Monday’s hearing. He said he’s concerned about this “backslide” in sentencing sex offenders. Note that the Harper administration ended the grace period on sexual assault in 2007.
For Conservative Pierre Paul-Hus, this is proof that this law should not have been adopted. “The bad thing is that the victims of serious crime will be the losers again and will say: ‘There is no justice,'” he denounced in an interview.
Until the passage of Bill C-5 last November, a judge could not hand down a house arrest sentence for sexual assault. Prison sentences were the norm for such a crime, and penalties for similar assaults ranged from 12 to 20 months. This law provides for joint detention for sexual assault.
Its goal is to combat “the over-representation of Indigenous, Black or marginalized Canadians in the criminal justice system” by abolishing many of the Penal Code’s minimum sentences, including firearms.
“We agreed with the principle and aim of the law,” recalled New Democrat MP Alexandre Boulerice. Is it always well applied in certain cases and will the judges use it well? I can’t guarantee that. »
The bill passed thanks to the support of the New Democratic Party and the Bloc Québécois as Liberals are in the minority.
“The allegation is serious and the sanction must be proportionate to the action taken,” Bloc member Rhéal Fortin replied in writing. We will await the outcome and I am confident that the DPCP Attorney will appeal if there is cause to do so. »
A law with “perverse effects”
“It’s not good news for the victims. Although legally supported, this decision remains surprising given the seriousness of the measures taken in a sexual assault case,” responded Marie-Christine Villeneuve, spokeswoman for the Network of Assistance Centers for Victims of Crime (CAVAC).
In his eyes, Bill C-5 shows his “perverse effect” in this judgment.
It is unfortunate that these recent legislative changes, made for legitimate reasons, are opening the door to this,” Ms. Villeneuve continues.
Spokesperson for the Network of Assistance Centers for Victims of Crime (CAVAC), Marie-Christine Villeneuve
However, the situation is not so bleak. On site, CAVAC employees observe a “numerous decisions that are positive for the victims,” emphasizes Ms. Villeneuve.
“The fact that we end up with a decision like this, targeting a white man who committed sexual assault, is further evidence why the criminal justice system is not the best vehicle for dealing with violence,” argues Mélanie Lemay, co-founder of Quebec Against Sexual Violence, which instead focuses on restorative justice and the principles of transformative justice.