An Act to amend the Controlled Drugs and Substances Act and to make related and consequential amendments to other Acts

This bill is from the 40th Parliament, 2nd session, which ended in December 2009.

Sponsor

Rob Nicholson  Conservative

Status

At consideration in the House of Commons of amendments made by the Senate, as of Dec. 14, 2009
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment amends the Controlled Drugs and Substances Act to provide for minimum penalties for serious drug offences, to increase the maximum penalty for cannabis (marihuana) production and to reschedule certain substances from Schedule III to that Act to Schedule I.
As well, it requires that a review of that Act be undertaken and a report submitted to Parliament.
The enactment also makes related and consequential amendments to other Acts.

Similar bills

C-10 (41st Parliament, 1st session) Law Safe Streets and Communities Act
S-10 (40th Parliament, 3rd session) Penalties for Organized Drug Crime Act
C-26 (39th Parliament, 2nd session) An Act to amend the Controlled Drugs and Substances Act and to make consequential amendments to other Acts

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-15s:

C-15 (2022) Law Appropriation Act No. 5, 2021-22
C-15 (2020) Law United Nations Declaration on the Rights of Indigenous Peoples Act
C-15 (2020) Law Canada Emergency Student Benefit Act
C-15 (2016) Law Budget Implementation Act, 2016, No. 1.

Votes

June 8, 2009 Passed That the Bill be now read a third time and do pass.
June 8, 2009 Passed That this question be now put.
June 3, 2009 Passed That Bill C-15, An Act to amend the Controlled Drugs and Substances Act and to make related and consequential amendments to other Acts, as amended, be concurred in at report stage.
June 3, 2009 Failed That Bill C-15 be amended by deleting Clause 3.

Controlled Drugs and Substances ActGovernment Orders

June 4th, 2009 / 12:15 p.m.

NDP

Joe Comartin NDP Windsor—Tecumseh, ON

Madam Speaker, I am a bit perplexed, quite frankly, by the position taken by my colleague from Mississauga South in his speech today.

He is obviously aware of the importance of prevention, and I fully support every comment he made in that regard.

My colleague is also fully aware of the impact of the bill in terms of incarceration rates both at the provincial level and at the federal level. The effect is going to be a substantial increase.

I think he is also aware that, yesterday or the day before, the federal Correctional Investigator came out with a report saying that any sudden influx would be dangerous to the system at the federal level to the extent of it being at the breaking point.

I think the member would agree with all those statements. If that is the case, how could he and his party possibly support this legislation when the effect is going to be so draconian and dire on corrections generally in this country?

Controlled Drugs and Substances ActGovernment Orders

June 4th, 2009 / 12:15 p.m.

Liberal

Paul Szabo Liberal Mississauga South, ON

Madam Speaker, I am speaking to the bill as a member who has had some involvement in the subject matter going back some time and I have heard these arguments before. I am going to support the bill because I do not think the bill would do anything.

In these particular cases, we are talking about the most serious crimes, such as trafficking in dangerous drugs, involving organized crime and use of weapons. If someone is given a mandatory minimum sentence of one year when they are liable to life imprisonment, there is something wrong in the court system. I cannot imagine anybody getting just the mandatory minimum as a total sentence. It has to be more than that, and if not, then there is a problem.

I spoke with a couple of individuals in the legal community. They asked whether I thought they would process the paperwork for a mandatory minimum sentence of one year. They are so overworked that they are not going to do it. The courts are already filled.

I am going to support the bill because I think it would do absolutely nothing.

Controlled Drugs and Substances ActGovernment Orders

June 4th, 2009 / 12:20 p.m.

Conservative

Rick Norlock Conservative Northumberland—Quinte West, ON

Madam Speaker, I listened to my friend intently, and there was some suggestion that the government has not put into play rehabilitation services or drug prevention programs.

For the member's edification, I can tell him that just the other day I was pleased to work with the local health unit, which has targeted $184,000 specifically to youth in high school.

I want to say “children”, because in the bill, some of the mandatory minimums deal specifically with people who want to sell drugs to our children at school. The member for Mississauga South knows that is one of the most precious places we send our children and they need to be protected when they go there.

Controlled Drugs and Substances ActGovernment Orders

June 4th, 2009 / 12:20 p.m.

The Acting Speaker Denise Savoie

I will have to interrupt the member. I should have advised him that there was time for only a very short question.

The hon. member for Mississauga South has 10 seconds to respond.

Controlled Drugs and Substances ActGovernment Orders

June 4th, 2009 / 12:20 p.m.

Liberal

Paul Szabo Liberal Mississauga South, ON

Madam Speaker, if it is a very serious crime that is subject to life imprisonment, then what is the relevance of a one-year, or even two-year, mandatory minimum? There is a contradiction. It is a problem with the legal system, the court system, and the jails. The member should understand that.

I would like to see a comprehensive approach that would deal with all four pillars to address the drug situation.

Controlled Drugs and Substances ActGovernment Orders

June 4th, 2009 / 12:20 p.m.

Bloc

Marc Lemay Bloc Abitibi—Témiscamingue, QC

Madam Speaker, I shall continue on the theme of the hon. member for Mississauga South and respond to his argument at the outset that it is a pity that the party he represents in the House has not understood the same thing as he has. If his party had understood the same thing as the hon. member for Mississauga South, we would not be at this point today and there would be no chance of this bill being passed. However it will be passed, thanks to the complicity of the Liberal Party. This bill seems to us totally unnecessary and dangerous. My colleague from Mississauga South is perfectly correct. We will not be filling the prisons with the real criminals, but with people in the early stages of becoming criminals.

The Bloc was opposed to, is opposed to and will continue to vigorously oppose minimum prison sentences because of four important points. This is not just my opinion. First of all, these minimum sentences “do not advance the goal of deterrence. International social science research has made this clear”. The Conservatives and some Liberals are vocal advocates of the opposite view. They need only look to the United States, where minimum prison sentences have been imposed, to realize that this has not solved the crime problem, which indeed is now much more deep-rooted.

In New Zealand and Australia, and specifically Northern Australia, an institute has produced a report entitled Mandatory sentencing for adult property offenders. They studied the issue thoroughly and found that a law passed in 1992 that imposed minimum sentences was useless and had solved nothing. Not only had it not reduced crime, it had increased it. Individuals are not prevented from committing crime by fear of a prison sentence. That is not my opinion: it is in the report.

The Conservatives are so vocal and insistent on this that we asked them to provide us with just one study. The hon. member for Lévis—Bellechasse can report to the members of his party and ask them if it is true that they have not produced a single study. Their answer will be incomprehensible. We asked them for one and they have not produced it, whereas we have submitted 12 studies. The Liberals submitted a few, and the Conservatives not that many, since they do not have any, but the Bloc and the NDP have invited expert witnesses who have studies that demonstrate that minimum prison sentences are of no use.

I ask my colleagues, including the hon. member for Lévis—Bellechasse, to listen to what these studies have said.

The evidence shows that long periods served in prison increase the chance that the offender will offend again... . In the end, public safety is diminished, rather than increased, if we “throw away the key”.

This was said by the federal Minister of Justice in a 1990 study entitled Directions for Reform: Sentencing, Corrections and Conditional Release. This was when the Conservatives were in power under a certain Brian Mulroney, though it is true that at that time they were called Progressive Conservatives, whereas they are now Reform Conservatives. So we have it in black and white. They have seen the studies, but they continue to maintain their position.

We also need to draw hon. members' attention to the fact that mandatory minimum sentences have been harshly criticized in a number of other major studies, including the report of the Canadian Sentencing Commission.

This is not our idea. It does not come from the evil separatists. The ones who say so are the Conservatives, the Reformists, and they turn up with this bill. That was my first point, but I have three more.

Second, the Bloc Québécois has always and will always be opposed to mandatory minimum jail terms, and will fight them vigorously because they:

...do not target the most egregious or dangerous offenders, who are already subject to stiff sentences. [—precisely because of the nature of the crimes they have committed]

I will repeat for the hon. member for Lévis—Bellechasse and certain members of his party, who will perhaps understand.

More often, it is less culpable offenders who are caught by mandatory sentences and are subjected to extremely lengthy terms of imprisonment.

Those are not our words. They are written in black and white in reports and all my quotes are from those reports. The position of the Bloc Québécois is based and focused on that. It would be interesting for my colleague from Mississauga South to speak to his Liberal party colleagues, who do not get it at all. The member for Mississauga South and the members of the Standing Committee on Justice and Human Rights got it somewhat, but they claim they have no choice.

No choice but to do what? Fill up our prisons?

One thing is for sure: the prisoners will get out one day. Our Conservative-Reform friends have to realize that the prisoners will get out one day. Mandatory sentences are given to the least guilty offenders, and they are the ones who get sent to crime school. When it comes to minimum prison sentences, the problem with the Conservatives and some of the Liberals is that they do not understand that a person given a minimum one-year prison sentence, for example, is eligible for parole and will get out after serving one-third of the sentence. That does not solve the problem. The Conservative-Reformers do not get it. They do not understand that the prisoners will get out.

Usually, people who work for organized crime—the real target of this bill—are given heavy sentences anyway. As recently as yesterday we saw that in the Hells Angels file in Quebec.

I still have two points I want to discuss. My third point is this:

Mandatory minimum penalties have a disproportionate impact on minority groups who already suffer from poverty and deprivation. In Canada, this will affect aboriginal communities, a population already grossly over-represented in penitentiaries, most harshly.

I am not the one who said that. A federal Reform-Conservative organization said that. Juristat, the Canadian Centre for Justice Statistics, reported on the issue in Juristat: Returning to Correctional Services after Release: A Profile of Aboriginal and non-Aboriginal Adults Involved in Saskatchewan Corrections from 1999/00 to 2003/04. That appeared in vol. 25, no. 2, published by Statistics Canada in Ottawa in 2005.

I do not think that the Conservatives get it. They will be targeting a poor and disadvantaged segment of the population. We all know that. I will not elaborate on that now. My NDP colleague from Vancouver has already discussed the huge problem with aboriginals and minorities several times.

They are the ones who are going to pay for an unfair, unacceptable law that makes no sense. We will keep on opposing it. Mandatory minimum sentences are not the answer.

Last but not least, I want to make the point that mandatory minimum sentences subvert important aspects of Canada's sentencing regime, including the principles of proportionality and individualization—the member for Lévis—Bellechasse should not move, because I am going to explain what these two big words mean—and reliance on judges to impose a just sentence after hearing all facts in the individual case. What this means is that the government is trying to direct the judicial system by introducing laws that will require judges to impose mandatory minimum sentences.

What the Reform Conservatives and part of the Liberal caucus do not yet understand is that the problem is not when offenders go into prison, but when they come out.

These guys—90% of inmates in federal prisons are men—go to prison after the judge has explained to them why he imposed a three-year sentence, for example. The judge explains his reasons and talks about rehabilitation. In some cases, he may tell the offender that it is not appropriate to talk about rehabilitation, because there is not much chance that rehabilitation will be available for him. The judge will also tell him that it is important that society be protected and that, as the offender does not seem to have understood that, he is being sent to prison for three years.

Imagine the judge's surprise when, eight months after handing down a three-year sentence, he sees the guy in the street. The judge calls the police and explains that he sentenced the offender to three years in prison. The judge is told that the offender was a model inmate. The judge replies that he had trafficked in drugs and had been given a three-year sentence. Yes, but he went before the parole board, and because this was his first offence and he was not a bad guy, he was released.

There is the problem and that is what the Conservatives do not understand. It is simply that prisoners do not serve their sentences. One day the Conservatives and part of the Liberal Party caucus will have to realize that the problem is not when offenders go into jail but when they get out.

There absolutely must be respect for judges. This bill does not respect judges; it imposes minimum sentences. All the necessary tools were already in place.

I know we must refer to specific sections and clauses. Let the Conservatives go and look it up. They did not read section 718 of the Criminal Code carefully. They should reread it. It sets out the sentencing principles to be followed by a judge when imposing a sentence. It talks about rehabilitation, the protection of society and the risk of recidivism. All the criteria are found in that section and judges are familiar with it.

When a guy appears in court for drug trafficking for the fourth time, will the judge give him a conditional sentence? Of course not. Only a few Conservatives believe that.

I was a lawyer for 30 years and I can say that when I went before a judge with a client charged with his fourth trafficking offence, there was no question of obtaining a conditional sentence. The judge would speak to the individual, explain to him that it was clear he had not yet understood, and explain why he was giving him such and such a sentence.

Respect for the judiciary is extremely important as is the principle of sentencing. We are not the ones saying it. The Supreme Court of Canada has acknowledged that incarceration should usually—I say usually—represent the criminal sanction of last resort and that it may be less appropriate or useful in the case of aboriginal offenders.

I cite the Supreme Court ruling in the Gladue case in support of this argument. The Conservatives do not get it and do not seem to want to understand that there must be respect for judicial discretion.

Imposing minimum sentences solves nothing and does not reduce the crime rate. There is no study showing that, and goodness knows I did try to get hold of one. I started by asking the minister, then his staff, and then all the deputy ministers and representatives in the Justice Department, but no one could provide a study that proved that minimum sentences solve anything.

The problem with Bill C-15 is that it has the effect of depriving judges, when passing sentence, of the discretionary power to properly determine the penalty that best balances the fundamental objectives of sentencing.

I will try to put it in simpler terms for some of my Conservative colleagues so they can understand. The more you imprison people, the less you solve the problem. If they do not get that, it is a pity. They can come up with tons of bills, but there is no room in the prisons. They just need to go and check that out. It is not hard to do so, so let them go and check it out.

There is a provincial jail in the Quebec City area, another near Amos and one near Hull. So they do not need to travel far, there is one just across the river and it is filled to overflowing. It is chock full. They do not even know where to put inmates awaiting trial or sentencing. The problem is that they are filling up the prisons but offering nothing to inmates.

When we look at Bill C-15, we see one aspect, that the individual can receive a lesser sentence—the judge will not be obliged to impose a minimum sentence—if he successfully completes a treatment program appropriate to his condition. The problem is that there are no treatment centres. It is all very well to put it into a bill but there are no treatment centres.

The problem with the member for Lévis—Bellechasse is threefold: one, he does not hear two, he does not listen; three: he will repeat it back all wrong. There is no appropriate treatment centre. There is no money for it. They will send people to prison but they are not able to provide appropriate treatment. We are hearing this from the penitentiaries.

Does he know how it works? The member for Lévis—Bellechasse still does not understand. With a three-year sentence, an individual is eligible for parole after one third of his sentence. Eight times three is 24, so after eight months, he is eligible.

That individual has no prior offences, it is his first sentence and his first time in prison. What happens in such cases? It takes four months to even look at his case. What happens then? He is sent to the Sainte-Anne-des-Plaines federal reception centre, put in a corner and observed. Officials will wait a little and analyze his case in order to choose the appropriate treatment. Then, after three or four months, a decision is finally made: he is sent to a minimum security prison or a maximum security prison.

The problem is that there are no services for him in the meantime. If he is eligible for parole after serving a third of his sentence, what happens? He had a two-year sentence—eight times three is 24—so he has four months left to serve. What will he do? He will go play cards and he will not be offered any services. None. That is the problem that the Conservatives just do not understand. Mandatory minimum sentencing solves nothing.

I know I am nearly out of time, but if I could pass along a message to our friends in the Liberal party, I would say they should reconsider their position and have another look at this bill, which solves nothing and will not reduce crime rates. I will not waste my time on the Conservatives, who will understand nothing of this. The only way to make the Conservatives understand that minimum prison sentences are useless is to beat them in the next election, and that is what we are all hoping for.

Controlled Drugs and Substances ActGovernment Orders

June 4th, 2009 / 12:40 p.m.

Fort McMurray—Athabasca Alberta

Conservative

Brian Jean ConservativeParliamentary Secretary to the Minister of Transport

Madam Speaker, I appreciate the opportunity to address this issue.

I was curious about issues presented by the hon. member. He seemed to have two different issues in his comments, one in regard to minimum sentences and the other in regard to having enough facilities and enough concentration on rehabilitation.

I also had the opportunity of being a criminal lawyer in northern Alberta where 25% of the population is aboriginal, and I have seen the large proportion of aboriginals in that particular area who go to jail. It is not acceptable.

Many of those aboriginals are my family members. I remember one in particular who spent two and a half years in jail for a simple assault. In fact, he was rehabilitated. He spent time in Drumheller, in the correctional centre there, and he came out rehabilitated. He now has a wonderful family with five children, and he is doing very well. He is sober. Things are looking much better for him.

Indeed, I have had the opportunity to see it both from a family perspective and also as a criminal lawyer. I had a very active practice there.

I saw inconsistencies across the country. I saw individuals being convicted of a trafficking charge in Vancouver receiving a fine, and individuals with a trafficking conviction in Alberta receiving a year in jail for the same type of offence.

I think we need to stand up for victims in this country and we need to have consistency across the country. I want to ask the member, particularly because I do have the experience, why is he not in this particular case standing up for victims? He is talking about criminals and about not enough being put aside for rehabilitation.

By the way, this government has allocated a tremendous amount of money for new prisons and rehabilitation, and we are looking at different ways to help prisoners once they are in there.

We want to stand up for victims before it happens, before there is a re-offence. I am wondering why in this particular case the member is not thinking about the victims instead of the criminals.

Controlled Drugs and Substances ActGovernment Orders

June 4th, 2009 / 12:40 p.m.

Bloc

Marc Lemay Bloc Abitibi—Témiscamingue, QC

Madam Speaker, the member might be a lawyer, but he did not learn from the right people. It is not complicated. We are not here to talk about victims. We have other ways of addressing victims' rights, such as help centres for victims of crime, some legislation and even an ombudsman. That is not the problem.

Whether my colleague likes it or not, the Criminal Code, which he would do well to reread, does not apply to victims. That is not my fault; that is the way it is. If he thinks that he can protect victims with a bill that imposes minimum prison sentences, I wish him luck. He will not fix anything.

The problem is that minimum prison sentences to not solve anything. Rehabilitation centres will offer some solutions. When we make rehabilitation our priority, we will start thinking about it more seriously. Yes, we need time-outs and prison sentences in extreme cases, but not for first offences.

Yes, I agree that trafficking drugs is not a good thing, especially not near schools. We all agree on that. However, we have to ask ourselves why it happens near schools. I know that my colleague from Lévis—Bellechasse does not get it, but if it is happening near his school, then maybe there is a problem in the community.

Unfortunately, victims often get stuck in a system, but this bill is not about protecting victims. It would be wrong to say that we are protecting them.

Controlled Drugs and Substances ActGovernment Orders

June 4th, 2009 / 12:45 p.m.

NDP

Claude Gravelle NDP Nickel Belt, ON

Madam Speaker, the member for Abitibi—Témiscamingue quoted the Conservatives from 1990. I have not been here for very long, and I would like to ask him what caused the Conservatives to change their minds. In 1990, they would have been against this bill, but today, they are in favour of a bill that provides for minimum sentences.

Can he explain the difference between the 1990 Conservatives and today's Conservatives?

Controlled Drugs and Substances ActGovernment Orders

June 4th, 2009 / 12:45 p.m.

Bloc

Marc Lemay Bloc Abitibi—Témiscamingue, QC

Madam Speaker, the answer is very simple.

I thank my colleague from Nickel Belt, my riding neighbour or almost.

The answer is simple: they tailor their policies to win votes. They think that if they touch the right nerves, the public will be more on their side. They would have the public believe that they are solving problems, even though that is not true. They will not solve any problems; they will just create new ones. They will no longer be here, but I would love to see some of these members again in 10 years to see how they solved the problem. I am not at all sure that they will be successful.

Controlled Drugs and Substances ActGovernment Orders

June 4th, 2009 / 12:45 p.m.

Liberal

Keith Martin Liberal Esquimalt—Juan de Fuca, BC

Madam Speaker, this discourse has been absolutely fascinating, and I want to say a couple of things.

As a result of my 16 years working in drug and alcohol programs as a physician and also working in jails, the fact is more than 70% of the people in federal and provincial institutions have a substance abuse problem and often a psychiatric problem in addition. It is called “dual diagnosis”. The majority of those who traffic, usually low-level drug dealers, traffic to earn money to pay for their addiction problem. The underlying problem for most of the low-lying drug dealers is this addiction problem. The bill will matters a lot worse.

Does my colleague not think we have to introduce solutions that will treat individuals, prevent drug abuse and also ensure, particularly in provincial institutions, that individuals have the substance abuse treatment, the skills training and the psychiatric treatment they require?

Controlled Drugs and Substances ActGovernment Orders

June 4th, 2009 / 12:45 p.m.

Bloc

Marc Lemay Bloc Abitibi—Témiscamingue, QC

Madam Speaker, my colleague from Esquimalt—Juan de Fuca is quite right, but it is too bad he has not said that to the rest of his gang. He is quite right. Is the government thinking about rehabilitation and social reintegration? No.

My colleague should talk to the other Liberals, because he is quite right. Rehabilitation systems must be implemented, and that means reintegration and treatment in detention. People wind up in prison because they have serious problems. Of course, I agree that there are true criminals, but 80% or many of these criminals should not be in prison. They are there because of a great many factors.

Controlled Drugs and Substances ActGovernment Orders

June 4th, 2009 / 12:45 p.m.

Bloc

Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC

Madam Speaker, I thank my friend from Abitibi—Témiscamingue for his eloquent statement. I would like him to help me understand the Liberals’ position.

In committee, since they have had a new leader, they seem to be thinking in two directions, and the right hand does not know what the left hand is doing.

I would like my colleague to remind us what the Liberals’ position is.

Controlled Drugs and Substances ActGovernment Orders

June 4th, 2009 / 12:45 p.m.

Bloc

Marc Lemay Bloc Abitibi—Témiscamingue, QC

Madam Speaker, the Liberals’ position is somewhat surprising, which is the least I can say in the circumstances and still preserve the dignity of Parliamentary debate.

They are opposed to the bill, although sometimes they are in favour of minimum sentences because they can be useful, but then again some could be opposed because sometimes rehabilitation centres present problems since there is not enough money.

I had a hard time understanding. I sat on the committee and I listened very carefully to the questions they asked. The questions from the Liberal Party were clear, but I have the impression— just a little feeling—that they felt an election coming on. I think the tough on crime ideology is somewhat attractive to them. They have a right-wing Liberal base that is a little risky and they are afraid of losing it. So they say they will support this bill, that they will try to amend it and that, after that, they will fight for rehabilitation centres.

Well that is not how it works. Unfortunately, the damage will be done and it will be irreparable. The Liberals who support this bill will pay the price, I guarantee it.

Controlled Drugs and Substances ActGovernment Orders

June 4th, 2009 / 12:50 p.m.

The Acting Speaker Denise Savoie

If the member for Lévis—Bellechasse still wants to ask a question, I will give him the floor. Because he was named in the speech, I will give him a chance to speak.