Bill C-22 (Historical)

An Act to amend the Criminal Code and the Controlled Drugs and Substances Act

This enactment amends the Criminal Code and the Controlled Drugs and Substances Act to, among other things, repeal certain mandatory minimum penalties, allow for a greater use of conditional sentences and establish diversion measures for simple drug possession offences.

Criminal Code

[Blaine Calkins, Conservative, Red Deer—Lacombe, AB]

Mr. Speaker, all I will say in reply is that it is the member and his colleagues who have cast judgment on all law-abiding firearms owners in this country by confiscating their lawfully obtained property. They have used misinformation campaigns to demonize and vilify those who simply own firearms for the purposes of hunting, sport shooting and recreation, or who use them on their farms as a tool.

If we are not going to cast judgment on people, then perhaps we could start with not casting judgment on law-abiding citizens in this country. If we are going to cast any judgment at all or take any responsibility as parliamentarians, perhaps we should focus on those doing the most damage in society, such as irremediable offenders and repeat offenders, whether they are doing property crimes or crimes against persons, and making sure that those people suffer consequences instead of law-abiding citizens.

[Alexandre Boulerice, NDP, Rosemont—La Petite-Patrie, QC]

Mr. Speaker, I thank my Conservative colleague for his speech. This is yet another example of taking a very harsh approach to safety and security issues. The Conservative Party tends to go overboard with turning these issues into legal and police matters.

I would like to hear my colleague's thoughts on the NDP's proposal to address the drug problem by decriminalizing simple possession of narcotics. Decriminalization would take a big load off our legal system and our courts. It would recognize that drugs are not a police or a legal issue, but a health and social services issue. It would also recognize that a prison sentence is not the way to treat drug addiction.

[Blaine Calkins, Conservative, Red Deer—Lacombe, AB]

Mr. Speaker, I would encourage my colleague to look at the changes being offered in Bill C-22. The mandatory minimum penalties are being reduced for trafficking or possession for the purpose of trafficking controlled drugs or substances, importing and exporting or possession for the purpose of exporting controlled drugs and substances, and production of a substance in schedule I or schedule II. These are not simple possessions. These are people who are using controlled drugs and substances in organized crime by smuggling it into our country and dispersing it among our population. We now have more people dying, I believe, in western Canada from fentanyl overdoses than we have from COVID.

If we are going to talk about the substance of the bill, let us actually talk about what the government is proposing, which is possession for the purpose of trafficking and smuggling or the manufacturing for the purpose of trafficking. That is what the government is doing. It is a misnomer and it misleading the House to suggest that this bill is talking about simple possession. It is simply not true.

[David Sweet, Conservative, Flamborough—Glanbrook, ON]

Mr. Speaker, a number of times the Liberals have mentioned the inability of the 338 members of Parliament to make laws that are appropriate, as we do not have the expertise. I would like to ask my colleague from Red Deer—Lacombe this: Does he believe, as we are normally called members of Parliament, and sometimes called legislators or lawmakers, that those terms interchangeable?

[Blaine Calkins, Conservative, Red Deer—Lacombe, AB]

Mr. Speaker, we have vast experience as legislators in the House of Commons, and we know full well what our roles and responsibilities are. As the member of Parliament for Red Deer—Lacombe, I would be remiss in my duties if I did not take the government to task for its misleading ideas and information in its attempt to basically decriminalize all criminal activity in this country.

The House resumed consideration of the motion that Bill C-22, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act, be read the second time and referred to a committee.

[Gary Vidal, Conservative, Desnethé—Missinippi—Churchill River, SK]

Mr. Speaker, it is indeed an honour to speak in the House today regarding Bill C-22.

This last weekend the Prime Minister, while speaking to the Liberal Party policy convention, said that the Conservative Party of Canada was disconnected with Canadians. If the Prime Minister was looking for an example of a party disconnected from Canadians, he need look no further than his own party with the introduction of this bill, Bill C-22, and how it would affect those in rural Canada.

As someone who has lived my whole life in northern Saskatchewan, I not only find this bill dangerously naive, but the government's communications around it are actually offensive to me. Of course, far be it for me to suggest anyone might deliberately mislead Canadians. Perhaps it is simply a poor understanding of the Criminal Code or the tendency to rely on divisive political ideology that led to the inaccuracies in communicating what is actually in this bill.

Contrary to what members of the Liberal Party may have been given as talking points by the PMO to use in the debate, those of us who actually read the legislation understand this is not about reducing mandatory minimum penalties for simple possession of drugs. Mandatory minimums for simple possession do not exist today. This is not about minor crimes, and it is not about minor offences.

Here are just a few examples of what Liberals consider minor offences for which Bill C-22 would eliminate mandatory minimums as they relate to gun crimes: robbery with a firearm, extortion with a firearm, weapons trafficking, importing or exporting knowing a firearm is unauthorized, discharging a firearm with intent, using a firearm in the commission of an offence, possession of a prohibited or restricted firearm with ammunition, possession of a weapon obtained by the commission of an offence, possession for the purposes of weapons trafficking and discharging a firearm with recklessness.

Additionally, Bill C-22 would eliminate mandatory minimums under the Controlled Drugs and Substances Act that actually target drug dealers. Examples of these are trafficking or possession for the purpose of trafficking, importing and exporting or possession for the purpose of exporting, and the production of substances included in schedule I or II. Examples of these are heroin, cocaine, fentanyl and crystal meth. This is not, as suggested, help for those who struggle with addictions. It is actually help for those criminals who prey on those people who suffer from addictions.

Finally, this bill would allow for greater use of conditional sentence orders for a number of offences. The list is long, so I will include only a few examples such as sexual assault, kidnapping and assault causing bodily harm or with a weapon, which includes the assaulting of a peace officer causing bodily harm or with a weapon. This clearly puts communities in my riding at risk.

As a lifelong resident of northern Saskatchewan, a hockey coach, a former mayor and now member of Parliament, I have seen first-hand how gun and gang violence, and drugs, ruin people's lives and devastate families and communities. I find myself wondering if members of the Liberal government have been contacted, like I have been, by mayors, chiefs, police officers and community members pleading for something to be done and if that would make them realize Bill C-22 is not a solution. Neither is Bill C-21.

One month ago, there was a story reported in the Battlefords News-Optimist that literally brought me to tears when I read it. I would encourage all members of this House to read the story, as it provides an incredible insight into what life can be like in the northern and often remote communities in my riding.

The story reviews a judge's decision, arguments by the Crown prosecutor and the victim impact statements of RCMP officer Robert McCready and of my good friend Staff Sergeant Ryan How. The incident, as reported, happened in my riding and shows an almost unbelievably violent disregard for human life. It includes multiple guns, pursuits, many other things, and finally, police ramming a vehicle.

In his victim impact statement, my friend Staff Sergeant Ryan How said the following:

When I encountered the gold truck you were in north of Loon Lake the only emotion I felt was sadness.

I knew right away how this was going to end. It’s always the same, just a varying degree of tragedy. When I saw your co-accused run from the Equinox and point what may have been a gun at me, I just felt tired and defeated....

I knew what you would do when you came up to the road block. And you did the same thing every other desperate criminal does - you accelerated and swerved towards the police.

As you did that, I took off my seatbelt and accelerated my truck directly at you. I wanted to be able to at least have the chance to manoeuver in the cab if you and your fellow gang members started shooting at me. As I lined up my truck to yours head-on I fully expected to be shot but I tried to make sure my truck would stay on a straight path and hit you even if I couldn’t steer because you needed to be stopped.... Even after all of this, after hours of chasing after you, hours of being frustrated, angry, and tired, [I] was required to be of calm mind and use sound tactics as I drew my gun on you and the people with you.... At that moment I was furious that it had come to this. I was furious that your stupidity was causing me to miss an important family event going on right at that moment I had you in my gun sights. I was furious that I might have to shoot and kill you.... I didn’t shoot you...My coworkers didn’t shoot you, even though we were taunted and dared to do it by the people in the truck with you. Even though your actions caused one of my coworkers to almost be run over and killed. We made sure you were safe. It was a joke and a game to you. It was life and death for me, for my partners, and the public. I’m telling you that on January 17, 2019, you were lucky to be arrested by some of the most capable and experienced police officers in the country. They showed incredible restraint and professionalism to make sure you lived to be here today.

Another one of those capable and experienced police officers was Officer Robert McCready, who was called in six hours before his shift was scheduled to begin. A short part of his victim impact statement includes the following. He said:

I had been in Loon Lake for a while at that time, and had a feeling that it was probably related to gang activity, firearms or both. I got geared up and found that gang members/affiliates have possible firearms and are driving in two vehicles and are evading police. My thoughts are “great, here we go again.” This was a constant way of life around that area, something would pop off, at least once to twice a week or more.... This went on all afternoon, which took a bad turn when the vehicle started going through a populated area, just as school was letting off, and for fear of worsening conditions, police had to back off again.

In speaking with Staff Sergeant How later, he shared with me how these events had become almost routine. Can members imagine this being a routine part of their day? This is the part that brought tears to my eyes as I fought back the emotion.

Let me be clear, this day was the culmination of a long history, but it had to start somewhere. The idea that government is seeking to eliminate mandatory prison time for drug traffickers and for those who commit violent crimes is really hard to fathom for me. Allowing criminals who commit violent acts to serve their sentences on house arrest puts communities at risk.

For the last couple of minutes, I would like to talk about the issues many community leaders talked to me about. In addition to doing everything they can to combat gun and gang crime, they spend many hours fighting those who traffic drugs in their communities and who prey on the vulnerable who are struggling with mental health issues and addictions. Bill C-22 would make life far more difficult for local law enforcement and prosecutors by reducing and, in some cases, removing penalties for trafficking, importing or producing schedule I or II substances.

Conservatives believe that those struggling with addiction or mental health issues should get the help they need. They need treatment rather than prison time if their crime is not violent. Conservatives support restorative justice policies to lower incarceration rates for overrepresented groups in our criminal justice system, provided that public safety considerations are paramount.

What is clear in Bill C-22 is that the government, driven by ideology and having no basis in the reality on the ground in rural Canada, is making our communities less safe by removing many important tools. I encourage all members to take a long, hard look at the proposed legislation before they vote.

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

Mr. Speaker, the member started off talking about how the Prime Minister had made a comment that Conservatives were disconnected from Canadians. However, 54% of Conservatives do not believe in climate change and do not think that it is something that needs to be at the forefront of their agenda. The overwhelming vast majority of Canadians believe that we need to act on climate change. So, I think it is quite clear why the Prime Minister may have made that comment given some of the discussion that came out of this member's convention a few weeks ago.

However, to the member's point about reading out the victim statements, I am really glad that he did that. They were very meaningful words, and I thank him for that. I guess the difference is that I believe that those victim statements are best intended or best used for a judge to make a decision on how to cast judgment on somebody who breaks the law. Does the member not agree that the best purpose of having those victim statements is to help the judge in determining what the sentence should be?

[Gary Vidal, Conservative, Desnethé—Missinippi—Churchill River, SK]

Mr. Speaker, I would start my answer by simply suggesting we are talking today about Bill C-22, not about climate change, so let us stick to the topic. In the context of discretion of judges, judges are professional. They have great training and they have great abilities. As a new member of Parliament I clearly understand it to be part of my responsibility to make legislative decisions, to set laws and to set guidelines for judges and for the criminal justice system. I believe this is not a partisan issue. Many of the minimums that would be eliminated by the government were in fact introduced by previous Liberal governments. It is our job, in my understanding, as legislators and members of Parliament to, in fact, have input into these matters.

[Marie-Hélène Gaudreau, Bloc, Laurentides—Labelle, QC]

Mr. Speaker, let us talk about our job as legislators.

I encourage all of my colleagues on both sides to talk to outreach workers and organizations. Pierre Laporte is an outreach worker for L'Écluse des Laurentides who is helping us understand the consequences of the crimes that may be committed by people who are suffering.

What is so wrong about trying to understand what these people went through before they committed these crimes? This is about taking a different approach to better understand the causes. I would like to hear my colleague's thoughts on this and to hear him explain how he can be against this bill.

[Gary Vidal, Conservative, Desnethé—Missinippi—Churchill River, SK]

Mr. Speaker, fundamentally I do not disagree with my colleague. As I deal with many of the people in northern Saskatchewan, I understand there are many underlying issues and there are many issues that are foundational to the challenges faced in these communities. For example, one of my chiefs begged me one day to help him teach the people of his community to be good parents. The children of his community are begging for parents. There are many underlying issues that start well before we get to the commission of crimes, but in the commission of crimes, these are not minor offences; these are not minimum kinds of matters that we are talking about with this legislation. At the end of the day I absolutely and 100% believe that our actions result in consequences, and those consequences have to act as a deterrent at the end of the day.

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Mr. Speaker, the problem with the Conservative approach to the justice system is that they assume every offence is exactly the same, when there are always complicating individual factors. In the Criminal Code, there exists already section 718.2, which allows a judge to increase a sentence depending on the severity of the case.

Why do the Conservatives not have faith in our judges to dole out the appropriate punishment when the Criminal Code already has a section that allows them to do just that?

[Gary Vidal, Conservative, Desnethé—Missinippi—Churchill River, SK]

Mr. Speaker, I would provide a very simple answer like I started originally. It is the responsibility of us, as members of Parliament and legislators, to give guidelines. I believe that is one of the fundamental roles that we have. In my time as mayor of a small city, there were two things that I took very seriously. One was the management of the finances of my little city and one was the safety of my citizens. Those two were paramount. As a member of Parliament, I believe the safety of my citizens, of my riding and this country is paramount, and I believe it is our job as members of Parliament to set the guidelines, to establish the rules and laws to which those guidelines must submit.

[Larry Bagnell, Liberal, Parliamentary Secretary to the Minister of Economic Development and Official Languages (Canadian Northern Economic Development Agency)]

Mr. Speaker, you are doing a wonderful job, as always, in the Speaker's chair.

I would just like to say I am coming from the traditional territory of the Kwanlin Dün First Nation and the Ta’an Kwäch’än Council.

When I heard there was a bill coming up with some of the content here, I was really supportive of it. I asked if I could speak to it to show my support. There are five items from my riding, my area or my perspective over the years, which I am very supportive of.

First, the reduction of overrepresentation of indigenous people in our jails. Parliament has wrestled with this for a long time, trying to come up with solutions to this. Two parties have already mentioned in this debate that roughly 5% of people in Canada are indigenous, yet they make up about 30% in federal jails.

Second, I would like to see movement towards the success Portugal has had in its dealings related to drugs as a health issue.

Third, the bill would make society safer, and I will go into the reasons why.

Fourth, it will lower costs for government. Almost every member of Parliament has ideas where that saved money could be spent, or it could pay down the debt.

Finally, it will reduce the number of victims.

I will explain how the three elements of the bill would do this, from my perspective. I have not written these down in a speech. I have just scratched out some points to make.

First, on the mandatory minimums and the effect on indigenous people and racialized people in our justice system. A large number of those particular people are in jails because of offences that have mandatory minimums.

Second, related to mandatory minimums—

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

Mr. Speaker, I rise on a point of order. Sorry to interrupt, but I believe the parliamentary secretary forgot to indicate that he is going to split his time with the member for Newmarket—Aurora.