Mr. Colin Fraser
Mr. Speaker, when we are talking about the category of offences, there are already many hybrid offences in the Criminal Code, including things that can be done in various circumstances, from the less serious up to the most serious. We are talking about offences such as sexual assault. That does not impact at all on the sentencing. They are still dealt with in the same way, with the same principles of sentencing, whether or not the Crown proceeds by indictment or summary conviction. The Crown attorneys use this every day. We trust them to make those decisions based on the circumstances of the offence and of the offender.
With respect to the terrorism-related offences and those advocating genocide, which initially were contemplated to possibly be hybridized, at committee, and after hearing from community groups and organizations that could be impacted by this, our committee advanced that those be taken out. They are distinct from the other types of offences that were being hybridized, because they constitute offences against a community. It was felt that it was extremely unlikely that they would ever proceed by way of summary indictment in any event, so they were removed.
Subtopic: Criminal Code