Bill C-10 (Historical)

Safe Streets and Communities Act

An Act to enact the Justice for Victims of Terrorism Act and to amend the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the Youth Criminal Justice Act, the Immigration and Refugee Protection Act and other Acts

Part 1 of this enactment creates, in order to deter terrorism, a cause of action that allows victims of terrorism to sue perpetrators of terrorism and their supporters. It also amends the State Immunity Act to prevent a listed foreign state from claiming immunity from the jurisdiction of Canadian courts in respect of actions that relate to its support of terrorism.
Part 2 amends the Criminal Code to
(a) increase or impose mandatory minimum penalties, and increase maximum penalties, for certain sexual offences with respect to children;
(b) create offences of making sexually explicit material available to a child and of agreeing or arranging to commit a sexual offence against a child;
(c) expand the list of specified conditions that may be added to prohibition and recognizance orders to include prohibitions concerning contact with a person under the age of 16 and use of the Internet or any other digital network;
(d) expand the list of enumerated offences that may give rise to such orders and prohibitions; and
(e) eliminate the reference, in section 742.1, to serious personal injury offences and to restrict the availability of conditional sentences for all offences for which the maximum term of imprisonment is 14 years or life and for specified offences, prosecuted by way of indictment, for which the maximum term of imprisonment is 10 years.
It also amends the Controlled Drugs and Substances Act to provide for minimum penalties for serious drug offences, to increase the maximum penalty for cannabis (marijuana) production and to reschedule certain substances from Schedule III to that Act to Schedule I.
Part 3 amends the Corrections and Conditional Release Act to
(a) clarify that the protection of society is the paramount consideration for the Correctional Service of Canada in the corrections process and for the National Parole Board and the provincial parole boards in the determination of all cases;
(b) establish the right of a victim to make a statement at parole hearings and permit the disclosure to a victim of certain information about the offender;
(c) provide for the automatic suspension of the parole or statutory release of offenders who receive a new custodial sentence and require the National Parole Board to review their case within a prescribed period; and
(d) rename the National Parole Board as the Parole Board of Canada.
It also amends the Criminal Records Act to substitute the term “record suspension” for the term “pardon”. It extends the ineligibility periods for applications for a record suspension and makes certain offences ineligible for a record suspension. It also requires the National Parole Board to submit an annual report that includes the number of applications for record suspensions and the number of record suspensions ordered.
Lastly, it amends the International Transfer of Offenders Act to provide that one of the purposes of that Act is to enhance public safety and to modify the list of factors that the Minister of Public Safety and Emergency Preparedness may consider in deciding whether to consent to the transfer of a Canadian offender.
Part 4 amends the sentencing and general principles of the Youth Criminal Justice Act, as well as its provisions relating to judicial interim release, adult and youth sentences, publication bans, and placement in youth custody facilities. It defines the terms “violent offence” and “serious offence”, amends the definition “serious violent offence” and repeals the definition “presumptive offence”. It also requires police forces to keep records of extrajudicial measures used to deal with young persons.
Part 5 amends the Immigration and Refugee Protection Act to allow officers to refuse to authorize foreign nationals to work in Canada in cases where to give authorization would be contrary to public policy considerations that are specified in instructions given by the Minister of Citizenship and Immigration.
The enactment also makes related and consequential amendments to other Acts.

Motions in Amendment

[Kellie Leitch, Conservative, Parliamentary Secretary to the Minister of Human Resources and Skills Development and to the Minister of Labour]

Madam Speaker, this government focused on the serious issue of protecting victims and it campaigned on a promise to be tough on child sex offenders and to crack down on illegal drug trafficking, really unlike our colleagues across the aisle in the NDP. Could the parliamentary secretary please comment on what the bill does to protect children from these serious crimes?

[Robert Goguen, Conservative, Moncton—Riverview—Dieppe, NB]

Madam Speaker, obviously Bill C-10 focused, as I said previously, on the most vulnerable members of society, and those are the children. Everyone will agree that children must be protected from sexual exploitation and Internet crime. Obviously, anyone who does this and has this type of contact will be punished severely and be deterred from doing this by being placed in prison.

The people of Canada have asked for this, we have responded to it, and there is no surprise that there are provisions in there to seriously punish people who are in this field of criminal activity.

[Kerry-Lynne Findlay, Conservative, Parliamentary Secretary to the Minister of Justice]

Madam Speaker, I am very pleased to speak today about Bill C-10, the safe streets and communities act, to highlight that this bill is a reflection of our commitment to tackling crime, increasing public safety, and restoring the confidence of Canadians in the justice system.

The people of Canada know they can count on us to deliver on our commitments. Bill C-10 includes nine bills from the previous Parliament. Many critics of the bill argued that the bill was too big and too difficult to understand. I would note that the bill has had a thorough review in the Standing Committee on Justice and Human Rights. There has been no difficulty at all in understanding what these reforms seek to do. While not all members share the government's approach, I think all members of the committee would agree that their voices have been heard and we have had a respectful exchange of views.

As has been noted many times, all of these reforms have been previously introduced in Parliament. Many were previously studied and some even passed by at least one chamber. These bills were at various stages in Parliament in the last session, have been debated and studied in this session, and the public and stakeholders as well as members of Parliament are by now very familiar with these proposals.

Despite this familiarity, it is worth noting the elements and the origins of Bill C-10, in other words, the nine bills that were introduced in the last session of Parliament. As the Minister of Justice indicated at second reading debate, some changes have been made to this bill due primarily to the need to co-ordinate the merger of several bills into one and make consequential amendments to effect these changes. In some cases, other modifications were made, all of which are consistent with the objectives of the bill as originally introduced.

The former bills now included in Bill C-10 are the following.

Bill C-4, which proposed to amend the Youth Criminal Justice Act to ensure that violent and repeat young offenders are held accountable through sentences that are proportionate to the severity of their crimes and that the protection of society is given due consideration in applying the act.

Bill C-5, Keeping Canadians Safe (International Transfer of Offenders) Act, which proposed to enhance public safety by modifying the circumstances that would permit an international transfer of an offender.

Bill C-16, which proposed Criminal Code amendments to prevent the use of conditional sentences, or house arrest for serious and violent offences.

Bill C-23B, Eliminating Pardons for Serious Crimes Act, which proposed to amend the Criminal Records Act to expand the period of ineligibility to apply for a record suspension, currently referred to as a pardon, and to make record suspensions unavailable for certain offences and for persons who have been convicted of more than three offences prosecuted by indictment.

Bill C-39, Ending Early Release for Criminals and Increasing Offender Accountability Act, which proposed amendments to the Corrections and Conditional Release Act, to support victims of crime and address inmate accountability and responsibility and the management of offenders.

Bill C-54, Protecting Children from Sexual Predators Act, which proposed Criminal Code amendments to better protect children against sexual abuse, including by increasing the penalties for these offences and creating two new offences aimed at certain conduct that could facilitate or enable the commission of a sexual offence against a child.

Bill C-56, Preventing the Trafficking, Abuse and Exploitation of Vulnerable Immigrants Act, which proposed to amend the Immigration and Refugee Protection Act to authorize immigration officers to refuse work permits where it would protect vulnerable foreign nationals against exploitation, including sexual exploitation.

Bill S-7, the Justice for Victims of Terrorism Act, which proposed reforms to allow victims of terrorism to sue terrorists and supporters of terrorism, including listed foreign states.

Bill S-10, Penalties for Organized Drug Crime Act, which proposed amendments to the Controlled Drugs and Substances Act to provide mandatory minimum penalties for serious drug offences, including when offences are carried out for organized crime purposes, or if they involve targeting youth.

The maximum penalty for the production of some drugs would also be increased. These amendments also proposed to allow a sentencing court to delay sentencing while the offender completed an approved treatment program.

Bill C-10 was studied by the justice committee over several weeks and over 90 motions to amend the bill were considered. While very few were passed and many were completely inconsistent with the principles underlying the bill, each motion was given due consideration.

I would also note that over 80 motions have been proposed at report stage. Many of these motions seek to completely undo or gut the proposed amendments.

As I noted at the outset of my remarks, Bill C-10 reflects our government's commitment to restoring public confidence in our justice system. Clearly, the motions proposed at report stage demonstrate that this commitment is not shared by other members of the House.

There has been a great deal of discussion about the elements of the bill that provide for mandatory minimum penalties and that restrict conditional sentences. The reality is that these reforms are carefully tailored and targeted to offenders who commit the most serious offences.

Should offenders convicted of arson receive a conditional sentence allowing them to serve out their sentence at home under certain conditions? Should an offender convicted of an offence with a maximum sentence of 14 years ever be permitted to serve that sentence in the comfort of the offender's home?

Even under the strictest of conditions I think all Canadians would agree that no matter what the conditions of house arrest may be, it is simply not appropriate for serious offences. Bill C-10 reforms will make that crystal clear.

I would note that motions to amend the proposed reforms to the conditional sentencing provisions were made at committee and again at report stage. Without going into detail, those motions sought to permit conditional sentences to be imposed without regard to any criteria to limit their imposition as long as certain other exceptional circumstances existed about the offender. Such sentences are not appropriate for some offences regardless of the offender's particular circumstances.

Conditional sentences were never intended to be used for the most serious or violent offences. Our reforms will clarify this once and for all and will provide the clear parameters for use of conditional sentences or house arrest.

As I noted, part 2 of the safe streets and communities act includes former Bill S-10, Penalties for Organized Drug Crime Act. These reforms have been introduced in three previous Parliaments and have been passed by both chambers but never by both in the same session.

Despite our repeated debates and committee study of these reforms, there still remains much misunderstanding about the mandatory minimums for serious drug offences. As noted by other speakers, the minimum mandatory penalties are tailored to serious drug offences where aggravating factors are present.

Importantly, the amendments include an exception that allows courts not to impose the mandatory minimum sentence if an offender successfully completes a drug treatment program or DTC, as it is referred to. The program works with individuals who have been charged with drug-related offences who meet certain eligibility criteria to overcome their drug addictions and avoid future conflict with the law. It involves a blend of judicial supervision, incentives for reduced drug use, social services support and sanctions for non-compliance.

There are currently six drug treatment courts in Canada. They are located in Ottawa, Toronto, Winnipeg, Regina, Edmonton and Vancouver. The same exception applies for other programs, so that a court could delay sentencing to allow the offender to attend another approved treatment program.

This last point seems to have been overlooked by some members and we all share the concern about the need for mental health resources. However, the Criminal Code already permits a court to delay sentencing to permit an offender to attend an approved treatment program. This could be a program for mental health issues, anger management or other similar issues. This already exists in the code.

I will conclude by saying that the government is committed to public safety and improvements to the justice system, and will continue to deliver on the promises that we have made to Canadians.

[Rosane Doré Lefebvre, NDP, Alfred-Pellan, QC]

Mr. Speaker, the government is introducing a bill that will increase the prison population in federal institutions.

I have a few questions about that. Several federal penitentiaries are located in my riding. At present, the employees of institutions that house inmates already have many problems in relation to quality of life, health and workplace safety. These institutions are not even at full capacity, yet there are already problems.

Does my hon. colleague believe that the number of employees working in these federal penitentiaries will be increased? Is there anything in this bill to protect the employees already on the ground, given that the prison population will increase and more and more problems will arise in prisons?

[Kerry-Lynne Findlay, Conservative, Delta—Richmond East, BC]

Mr. Speaker, one of the problems I am finding in this debate back and forth is that everyone keeps looking within the four corners of this particular comprehensive legislative package for all the answers. There are ongoing programs and ongoing dialogue with our provincial and territorial partners.

As we know, with the division of powers in Canada, the federal government is responsible for legislating on criminal law and the provincial governments for administering it. The conditions in prisons, how prisons are run and how staffing is done is part of an ongoing dialogue. These are things that continue to be worked on and those concerns will be brought forward in those dialogues.

[Hélène LeBlanc, NDP, LaSalle—Émard, QC]

Mr. Speaker, I have a question for the Parliamentary Secretary to the Minister of Justice. As elected officials and government members, they have a duty to base their decisions on experts' studies in order to create informed policies.

She said the bill aims to restore the confidence of Canadians in our justice system. What study is the member basing that statement on?

[Kerry-Lynne Findlay, Conservative, Delta—Richmond East, BC]

Mr. Speaker, I do not know that one needs studies to know. I certainly heard it when I was knocking on doors during the last election campaign. As a lawyer of 30 years, I have been hearing for the last 30 years from members of the public that they do not understand why the punishment for certain crimes is not commensurate with the severity of the crime. They do not understand why someone convicted, not just accused but convicted, of serious and violent offences can serve some of that time or any of that time in a conditional sentence or in their own homes.

This is an ongoing problem in the public's mind and one that we are adamantly seeking to address with this legislation.

[Irwin Cotler, Liberal, Mount Royal, QC]

Mr. Speaker, the other parliamentary secretary made reference to the fact that we should be going across the country and listening to Canadians, not engaging in fear-mongering. I have gone across the country and I have listened to Canadians, both in my former capacity as minister of justice and now as an MP, on this bill.

I would like to put two questions. Is it fear-mongering to raise evidence-based critiques of mandatory minimums, some of which are based on evidence contained in Department of Justice publications, as I know them to be?

Second, is it fear-mongering to raise concerns about whether Bill C-10 comports with the Canadian Charter of Rights and Freedoms when the minister of justice, whoever he or she may be, has a constitutional duty to ensure that legislation comports with the Charter of Rights and Freedoms?

[Kerry-Lynne Findlay, Conservative, Delta—Richmond East, BC]

Mr. Speaker, of course there is a duty on behalf of the Minister of Justice to put forward legislation that complies, in our view, with the Charter of Rights and Freedoms. However, as the hon. member said himself in the justice committee, there is also a constitutional duty for the minister in his portfolio to protect the public. That is exactly what this is aimed at doing.

A lot of rhetoric has been coming from the other side, most of it hysterical, and I do mean that in both senses of the word. There were 40 mandatory minimum penalties in the Criminal Code before this government took office that were either introduced by the Liberal Party, which he represents, or were not repealed by that party.

[Lysane Blanchette-Lamothe, NDP, Pierrefonds—Dollard, QC]

Mr. Speaker, you surely will not be surprised or amazed to hear that the NDP supports criminals, especially those that are dangerous to our children. Yes, the NDP supports criminals. You will not be surprised to hear that because it is an argument that the Conservatives have made repeatedly for some time now. It is an arrogant and inflammatory argument. I would say instead that it is precisely because we do care about the issue of crime that we are opposed to Bill C-10 as it stands.

If any member of the House truly believes today that I want to help criminals and encourage sex crimes against children, then he or she should rise, look into my eyes, and tell me that. Even the title of this bill is ridiculous: the safe streets and communities act. There is nothing that leads us to believe that mandatory minimum sentences or having no access to rehabilitation are really going to make our streets safer.

I want to speak about a report by the Standing Senate Committee on Human Rights entitled “The Sexual Exploitation of Children in Canada: the Need for National Action”. This report illustrates the grave danger children face when it comes to sexual crimes. It is asserted, among other things, that most children who are sexually abused are victims of people that they know well, that they trust, and that are close to their family.

The report proposes a number of potential solutions to combat sexual crimes against children. It is suggested that helping children blow the whistle on their aggressors might put an end to their nightmare. By arresting criminals more quickly, it may be possible to prevent further sex crimes against children. It might be surprising to learn that the report does not speak of mandatory minimum sentences, but rather of education. Education can promote children's self-esteem and give them tools to communicate.

There is also the question of access to adults who can be trusted, perhaps soccer coaches or teachers. There are plenty of people in the circle of a sexually abused child who can help open the door at the right time and listen to a child's confidences. It is also a matter of giving children the confidence that they need to report somebody by giving them the services they need before and after they blow the whistle. When children are trying to report someone, they must get support. The family members must also get support so that they can help the child rebuild self-confidence.

Those are but a couple of tools that could justifiably be associated with the title “safe streets and communities”.

There is no reference to mandatory minimum sentences in this report. The report is but one of many examples I can use to argue for my point of view: that supporting children can be a far more effective alternative to mandatory minimum sentences.

I can also speak about a strategy cited in a political statement by the Canadian Council on Social Development, which refers to crime prevention through social development. What does that mean? It is a tool, according to the CCSD, which would be a far more effective and less costly way of preventing crime. Early intervention prevents crime by helping those who otherwise may become criminals or victims.

It refers to risk factors, or what can lead a person to act in a certain way, to become a criminal or a victim. Once again, there is a surprise: it has nothing to do with mandatory minimum sentences. Criminals do not ask themselves if they are going to have to spend a certain number of years in jail. This does not necessarily influence their decision-making. This report talks about a number of risk factors such as poverty, inadequate parenting skills, addiction and alcoholism, dropping out of school, mistreatment, low self-esteem and negative peer involvement. These are problems that must be tackled in order to prevent crime and make streets and communities safe.

Bill C-10 is an omnibus bill that covers very different and diverse subjects and issues.

The bill would allow victims of terrorist acts to sue perpetrators of terrorist attacks or to sue states. The bill talks about mandatory minimum sentences, drugs and sexual crimes. It covers electronic surveillance of offenders and the codification of victims' rights. It talks about applying for a pardon, or rather a record suspension, which would be much more difficult to obtain. It talks about a criminal justice system for youth. It talks about work permits for foreign nationals who run the risk of being mistreated.

All these issues are very important and certainly deserve our attention, but they are all grouped together in one bill that must be discussed all at once. Thus, there are not many opportunities to debate these matters in the House. This is also the case for experts, for those who have dedicated their lives to justice and fighting crime, and who are not even given the time to provide their opinion and their expert advice to the government, which will make decisions without really listening to them.

Speaking of experts who testified before the Standing Committee on Justice and Human Rights, the following are a few who appeared on October 18.

Mr. Gottardi, vice-chair of the national criminal justice section of the Canadian Bar Association said:

The bill takes a flawed approach to dealing with offenders at all stages of their interaction with the criminal justice system, from arrest, through to trial, to their placement in and treatment by correctional institutions, and to their inevitable reintegration back into society.

Another expert, Mr. Jackson, who is a member of the committee on imprisonment and release of the national criminal justice section of the Canadian Bar Association stated:

This road map ignores 150 years of correctional history. It pays no attention to previous recommendations or royal commissions. In its 200 pages there is not a single reference to the Charter of Rights and Freedoms, or to decisions of the Supreme Court. It is legally illiterate, and yet it is the brainchild of the amendments that you have before you and upon which you are asked to hear.

Clearly, the witnesses who appeared before the Standing Committee on Justice and Human Rights are not all in favour of what has been presented.

Furthermore, Mr. Gottardi expressed his disappointment at being given only five minutes to speak before the committee. Imagine that. He has devoted his whole life to justice and the fight against crime and was given only five minutes before the committee to address such an important piece of legislation. I am sorry to say to Mr. Gottardi that, regardless of whether you were given five minutes or five hours, it would not have made a very big difference because the Conservatives likely would not have listened to what you had to say.

Today, 88 amendments are being presented, which is a significant number. What work was done in committee? Did the committee truly listen to the members and witnesses? I highly doubt it.

In closing, this government boasts that it listens to families, which is commendable. It is important to listen to Canadians and to react to what they have to say. They do not understand our justice system, so why not explain it to them better? They are frustrated and they are calling for justice because they think that criminals are not serving long enough sentences. It is a matter of vengeance and the families' pain and suffering. Perhaps, we could help them in some way other than to simply agree with them and introduce mandatory minimum penalties.

We could also listen to the experts who have a lot to say on this subject. For example, the West Island CALACS, which is known for its work to combat violence against women and domestic violence, has told us that it disagrees with the general thrust of this bill because it opens the door to additional repression. Repression does not give victims any real power.

So, let us listen to these experts and the people who deal with violence and the lack of safety on the streets every day. Let us listen to their suggestions and have a real discussion in order to create a bill that is far more respectful of the real needs of all Canadians.

[Dany Morin, NDP, Chicoutimi—Le Fjord, QC]

Mr. Speaker, last Sunday, under the Access to Information Act, The Canadian Press obtained an internal report by the federal Department of Justice. The report raises doubts about the effectiveness of harsher sentences, the linchpin of the Conservative government's tough-on-crime policies. To quote the author of the study, André Solecki, “There was no evidence to suggest that the imposition of a fine or imprisonment had any effect on the likelihood of whether an offender would re-offend or not.”

Thus, I have a question for my hon. NDP colleague about the following observation. Either the Conservative government does not read its own internal reports, or it ignores any reports that it does not agree with, stubbornly sticking to its ideology and forsaking all expert opinions that call for more emphasis on prevention and rehabilitation than on harsher sentences.

[Lysane Blanchette-Lamothe, NDP, Pierrefonds—Dollard, QC]

Mr. Speaker, I thank my hon. colleague from Chicoutimi—Le Fjord for the example he gave. Indeed, the studies conducted by experts have called on the government to focus more on prevention. I have several examples here today. I already mentioned the CALACS and quoted a few reports. In particular, some studies involving a meta-analysis show that incarceration does not reduce recidivism. I could also talk about the University of Ottawa's Institute for the Prevention of Crime, which found that a number of prevention policies and practices have been proven to reduce crime and victimization and to improve general well-being.

So, yes, there are tons and tons of examples of people who are saying that Bill C-10 is the wrong way to go.

[Matthew Dubé, NDP, Chambly—Borduas, QC]

Mr. Speaker, there is a term that I quite liked in the hon. member's speech and that is “risk factors”. It is very interesting. The idea is that all of us here are in favour of virtue and reducing crime, especially violent crime, as the hon. member put it so well. In the meantime, we all have different approaches.

The Minister of Justice often cites a poll from Quebec that says that every Quebecker is in favour of harsher sentences, but there is more to it than that. This does not necessarily mean they support the measures in Bill C-10, because that bill has a number of problems.

I would like the hon. member to say a few words about the fact that when we talk about risk factors, we are talking about issues in our society such as health and education. Now, not only are those issues not being addressed in order to reduce crime, but the provinces are being asked to dig into their budgets for these programs, to pay for this bill.

I would like the hon. member to elaborate on this problem.

[Lysane Blanchette-Lamothe, NDP, Pierrefonds—Dollard, QC]

Mr. Speaker, allow me to share some of my experience to comment on this. I used to be a primary school teacher. Let me tell you, if every time a student did something the teacher did not like and the teacher turned around and gave that student lines to copy out, or some other form of punishment, that would not solve the problem in the long term, neither in the classroom nor in the school. Instead, young children need to be taught social skills. They need to be shown how to study, how to ask questions and how to express frustration. Indeed, repression is not the only method and it has also been proven not to be the most effective method. That is my comment.

[Dave MacKenzie, Conservative, Oxford, ON]

Mr. Speaker, I am pleased to join in today's debate on Bill C-10.

As members are aware, the bill has been criticized on a number of grounds. One of the most frequent criticisms aimed at the bill was the fact that there were several amendments proposing mandatory minimum penalties, MMPs, for serious drug offences under the Controlled Drugs and Substances Act. No doubt, in part as a result of these criticisms, this part of the bill was subject to the greatest number of motions to amend. As we can see, in the end, that part of the bill was amended only once in committee.

As parliamentarians we have engaged in an impassioned debate on the issue of mandatory minimum penalties. In fact, for many parts of the bill the justice committee has spent 67 days hearing from 363 witnesses over the course of the last four years. That does not include the marathon sessions we spent at clause-by-clause consideration. I believe all members of the committee should be congratulated for their hard work. They put in a lot of hours and they worked very hard on this particular bill.

As I have just indicated, the minimum penalties for serious drug offences were often criticized. Some of the criticism appeared in the media and some was stated by witnesses appearing before the committee. I would like to take a few moments to deal with some of these criticisms.

One of the recurring criticisms of the mandatory minimum penalty provisions is that a person in possession of marijuana would receive a minimum penalty. I have to say that I found this particular criticism the most surprising. This is the fourth time that the Controlled Drugs and Substances Act, in relation to provisions of the bill, has been before Parliament.

These provisions have been exhaustively examined by the Senate Standing Committee on Legal and Constitutional Affairs and by the House of Commons Standing Committee on Justice and Human Rights and they are clear. The Minister of Justice has appeared before these committees and he has repeatedly stated that these proposals do not apply to simple possession. He has frequently stated that the proposed mandatory minimum penalties would only apply to the most serious drug offences.

It is difficult to make it clear which offences do not fall under the ambit of these provisions, and yet this particular criticism continues to reappear. At this point I am forced to conclude that anyone who makes this criticism is of bad faith and that the criticism is only being made to suit other purposes.

Another criticism that is directed at the mandatory minimum provisions is the suggestion that someone who simply gives a joint of marijuana to a friend would be at risk of receiving the minimum penalty provided by the new provisions in the bill. The definition of trafficking in the CDSA includes giving a drug. Therefore, as a result, giving a joint would be necessarily caught by these new mandatory minimum provisions.

While it is true that giving a drug is included in the definition of trafficking, the provisions of the bill are clear. In order for the mandatory minimum provisions to apply to the offence of trafficking, there must exist one of the aggravating factors listed in the new provision dealing with trafficking. Here again the Minister of Justice has been clear: The application of mandatory minimum penalties would occur only if one or more of the listed aggravating factors were present during the commission of the offence.

A variation of this criticism has been that if a young adult were to give a marijuana joint to a friend while at school, the person giving the joint would be liable to a minimum penalty of two years' imprisonment. The argument here is that one of the aggravating factors is present, that trafficking has occurred in a school, and therefore the minimum penalty must apply.

Here again, the criticism is misplaced. Clause 39 of the bill at the very outset states that paragraph 5(3)(a) is subject to paragraph (a.1). Paragraph (a.1) provides a penalty of anyone trafficking in cannabis in an amount that is equal to or less than three kilograms. That penalty is a maximum term of imprisonment of up to five years.

The net effect of paragraphs 5(3)(a) and (a.1) taken together is to remove the offence of trafficking in amounts of three kilograms or less from the ambit of the minimum penalties for the offence of trafficking found in paragraph 5(3)(a). Therefore, a young person who gives a joint to a person while at school, were he or she to be prosecuted, would be liable to the ordinary penalty found in paragraph 5(3)(a.1) and not the minimum penalty of two years.

I would also like to say a few words about one of the motions directed at clause 43. This clause proposes a new subsection 10(4) to the CDSA which will allow a court to delay the imposition of the sentence so as to enable the offender to participate in a drug treatment program approved by the Attorney General, or to attend a treatment program under subsection 720(2) of the Criminal Code.

A significant number of individuals applying for admission into drug treatment courts are individuals who have committed prior serious drug offences, most notably trafficking and possession for the purposes of trafficking. These offenders would receive minimum penalties if the proposed mandatory minimum penalty regime is implemented.

Clause 43 creates an exemption from the application of mandatory minimum penalties for offenders who participate in treatment programs. These provisions will enable a judge to delay the application of the penalty while the offender participates in a treatment program, and will allow a judge to impose a penalty other than the minimum penalty if the offender successfully completes the treatment program.

The motion that I wish to comment on proposes adding a paragraph to clause 43. The new paragraph would add that the judge could delay sentencing for the offender convicted of a drug offence so he or she could attend and receive treatment for mental health issues, or attend a mental health treatment program approved by the Attorney General.

While I believe that this motion was well intentioned, I would like to point out that the provision being proposed in clause 43 is not necessarily for the treatment of drug-specific problems at the exclusion of all other problems that a drug offender may have. Indeed in my view, the reference to a treatment program under subsection 720(2) would allow a judge to permit the offender to attend any approved treatment program, including a program for mental health issues, provided of course there are treatment programs available and approved.

Our government recognizes that serious drug crimes, including marijuana grow operations and clandestine methamphetamine labs, continue to pose a threat to the safety of our streets and communities. Bill C-10 contains significant elements forming part of our strategy to address this problem.

The bill proposes amendments to strengthen the Controlled Drugs and Substances Act provisions regarding penalties for serious drug offences by ensuring these types of offences are punished by an imposition of mandatory minimum terms of imprisonment.

With these amendments, we are demonstrating this government's commitment to improving the safety and security of communities across Canada. Canadians want a justice system that has clear and strong laws that denounce and deter serious crimes, including serious drug crimes. They want laws that impose penalties that adequately reflect the serious nature of these crimes.