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

[Pierre Paul-Hus, Conservative, Charlesbourg—Haute-Saint-Charles, QC]

Mr. Speaker, before I begin, I should let you know that I will be sharing my time with the member for Stormont—Dundas—South Glengarry.

I am pleased to rise virtually in the House to talk about Bill C-22, an act to amend the Criminal Code and the Controlled Drugs and Substances Act.

The Liberals want to amend the Criminal Code to repeal certain mandatory minimum penalties, allow for a greater use of conditional sentences and establish other measures for simple drug possession offences.

Bill C-22 is the Prime Minister's attempt to honour his 2015 campaign promise. Unfortunately, every time we examine Liberal bills in committee or in the House, we find major flaws that suggest they never bother to consult people on the ground. That is the case with this bill too.

It is important to thoroughly analyze what the Liberals are trying to do with this bill, in which the Minister of Justice is proposing amendments that will have major consequences for Canadians' safety and well-being. I will point out various elements of the bill that I think are worth a closer look.

Bill C-22 eliminates some of the mandatory minimum sentences set out in the Criminal Code for offences involving weapons, including firearms. For example, the mandatory minimum sentence set out in subsection 85(3) for use of a firearm in the commission of an offence would be eliminated. The mandatory minimum sentence set out in subsection 92(3) for possession of an unauthorized weapon, whether it be a firearm or other weapon, would also be eliminated.

The bill eliminates all the mandatory minimum sentences set out in the Controlled Drugs and Substances Act. The bill creates new provisions that advise the police or prosecutor to consider an individual's drug use and to refer the person to a treatment program. However, it is important to understand that some provinces do not even have drug treatment courts.

Bill C-22 also proposes to eliminate certain provisions of the Criminal Code related to tobacco, particularly the sale and transfer of tobacco products without an official licence. That is another thing that we are trying to understand. Finally, the bill proposes to eliminate some of the restrictions set out in section 742.1 of the Criminal Code so that more offences are eligible for community-based sentences.

Everything I just said contradicts the Liberals' official position on public safety as it relates to firearms. The message of Polytechnique was well understood, with the Liberals always claiming to be doing a lot and much more. However, the reality is that bills such as this hamper the courts and law enforcement and greatly diminish the significance of crime when the opposite should be happening.

We always have difficulty understanding how, on the one hand, the Liberal discourse is about tougher measures when, on the other hand, their actions have the opposite effect. This is totally inconsistent in terms of public safety and the protection of Canadians.

Today we are debating Bill C-22, but we cannot forget Bill C-21, an act to amend certain acts and to make certain consequential amendments with respect to firearms. There is no consensus on this other bill among gun supporters, such as owners of guns for sport shooting or hunting, or among those who oppose guns and want them to be banned, such as the Polytechnique advocates. Bill C-21 does not do nearly enough, and the Prime Minister is not addressing the real issues.

Bill C-22 would reduce the sentences for violent gun crimes. We are trying to understand why the government wants to reduce sentences for people who commit gun crimes, when we should be doing the opposite.

I remind members that the Conservatives and my colleague introduced Bill C-238, an act to amend the Criminal Code with respect to possession of unlawfully imported firearms, which would have strengthened the Criminal Code by addressing smuggled guns and gun crimes. However, the Liberals showed their true colours and chose to vote against this bill. They would rather protect criminals than protect law-abiding citizens.

We cannot understand it. We do not understand how the Liberals can be so dishonest with Canadians when it comes to protection, public safety and firearms. The introduction of Bills C-21 and C-22 is not going to do anything to reduce gun crime. It will also not do anything to reduce the number of guns circulating in Canada, and it will simply not prevent criminals from getting their hands on illegal firearms.

That was made very clear two weeks ago on J.E., a 30-minute investigative reporting program on TVA. I encourage everyone to watch it. Those who do not speak French should find a way to get it translated, because it is really good.

The report clearly showed what is happening with firearms in Canada, how illegal firearms from the United States are streaming right across the border. We have land management problems, our customs officers do not have sufficient resources, and the law does not allow action to be taken in certain areas. Aerial images taken by drones showed traffickers bringing in weapons by snowmobile in the winter and by boat in the summer. If members want evidence, here it is.

Montreal is starting to have the same problem as Toronto. It is easy for street gang members to get their hands on illegal firearms with the serial numbers scratched off, and young gang members are taking pride in committing crimes with the guns that are coming across the border.

Not one of the measures proposed in Bill C-21 and Bill C-22 will solve that problem even though that is what we need to focus on. Instead of helping people with drug addiction, the Liberals are reducing mandatory prison time for those producing and trafficking harmful drugs. Instead of tackling criminal gangs, they are reducing mandatory prison time for those in possession of illegal firearms.

No family should ever feel unsafe in their community, in their neighbourhood or walking down their street. The previous Conservative government pledged to change those laws and keep our streets and communities safe. Before the 2019 election, we released our platform entitled “A Safer Canada”, a three-pronged action plan targeting street gangs and arms trafficking, among other things. We covered it all in our platform.

Then the Liberals regained power. It was fortunate for them that they won the election, but it was unfortunate for Canadians because the Liberals are not doing what needs to be done to protect people and fix the firearms problem once and for all.

To read Bill C-22 we can only assume that the Liberals are incapable of discharging their governmental responsibility to ensure our safety. In contrast, the Conservative government always brought in measures to ensure the safety of all Canadians. The Prime Minister claims he wants to help Canadians, but he is doing nothing to ensure that criminals are brought to justice and answer for their actions.

We as Conservatives support our Canadian justice system as defined by our charter and our Constitution, and we do not support a justice system that would favour criminals to the detriment of Canadians' safety and security.

During this difficult time, Canadians need to know that the government is ensuring their safety and security. The Liberal government needs to show leadership and stand up to criminals. Canadians cannot afford for Parliament to get this wrong. This bill is extremely worrying for our children and for the future of our justice system.

We will do the job that Canadians have entrusted us to do: asking the government questions to ensure that the safety of Canadians remains the top priority.

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

Mr. Speaker, I thank my colleague for his speech. I would like to talk abut something that is critically important to us.

We are talking about drug trafficking. We must obviously do everything we can to put an end to it, because it affects our youth in particular and many people in our society.

However, the NDP has put forward a proposal to decriminalize simple possession of narcotics. We are not talking about hardened criminals or traffickers, but about people who often also have problems. This overloads the judicial system. For the NDP, it is not a police issue, but a health and social services issue.

What does my colleague think of the NDP proposal, which would actually prevent our prisons from becoming overcrowded with people who are victims of drug trafficking, rather than perpetrators?

[Pierre Paul-Hus, Conservative, Charlesbourg—Haute-Saint-Charles, QC]

Mr. Speaker, I thank my colleague for his question. As I have already mentioned in this place during our study of other bills, the Conservatives are willing to look at this with some degree of openness.

In the case of simple possession, these individuals are often going through problems or have developed an addiction. They are not the source of this social problem. Rather, we need to focus on those who sell or produce drugs.

We are open to exploring this and making changes, as the NDP has suggested.

[John Brassard, Conservative, Barrie—Innisfil, ON]

Mr. Speaker, I thank my hon. colleague for his discussion this afternoon on Bill C-22.

One of the things the bill proposes is a reduction of mandatory minimums. A little known fact is that many of those mandatory minimums were put into effect by previous Liberal governments. I am wondering if the hon. member could speak to the consequences of lowering mandatory minimum sentences for the most severe crimes, which the bill proposes to diminish.

[Pierre Paul-Hus, Conservative, Charlesbourg—Haute-Saint-Charles, QC]

Mr. Speaker, I thank my colleague for his question.

This provision does indeed reflect the inconsistencies we see with this new Liberal government, which has been in place since 2015 and which we are struggling to understand. There was a time when Liberal governments had more logical positions that were more grounded in reality. However, the current Liberal government is very ideological and considers prison sentences to be problematic. These last few years, the release rate has even risen to 20%, which is a staggering jump. The government is doing everything it possibly can to empty prisons. This really reflects the ideology of the 2015 Liberal cohort. Previous governments had more common sense.

[Paul Manly, Green, Nanaimo—Ladysmith, BC]

Mr. Speaker, we know that the opioid crisis is leading to the deaths of thousands of Canadians. We have a crisis right across the country.

What does the hon. member think about decriminalizing simple possession of drugs, and eliminating section 4 of the Controlled Drugs and Substances Act so that we could provide a safe supply of drugs to people who have addiction issues?

[Pierre Paul-Hus, Conservative, Charlesbourg—Haute-Saint-Charles, QC]

Mr. Speaker, this is the same question asked by our colleague from Rosemont—La Petite-Patrie.

We are open to this idea. As I mentioned, we accept that users are for the most part victims of their drug use. We therefore must tackle the source of these drugs, many of which are imported. For example, we know that opioids, substances that are very difficult to detect because they are so small, come from Asia. Stopping them from entering Canada is not easy, but we must find every imaginable way possible to block the arrival of these products that are so harmful to Canadians.

[Derek Sloan, Independent, Hastings—Lennox and Addington, ON]

Mr. Speaker, I want to point out briefly that there has been a suggestion in this debate that judges should have complete discretion with criminal punishments. I do not believe that is a legal principle. It is up to us here to make the laws and we have, in many cases, already fettered the judges' discretion. It is not up to the judges to choose capital punishment or corporal punishment, even if they wish to.

I want to ask the member if he believes that the House has the authority to fetter the discretion of judges in sentencing matters if it so chooses.

[Pierre Paul-Hus, Conservative, Charlesbourg—Haute-Saint-Charles, QC]

Mr. Speaker, I understand my colleague's question.

I agree with him in part. The government and Parliament have a responsibility to enact laws and make decisions about how justice should be administered. It bothers me a bit when the justice system makes decisions that contradict the will of the House of Commons. If there is a problem with a law or if a court decides for some reason that there is a problem, Parliament must review the legislation, debate it once again and put it to a new vote. Once Parliament makes its decision, however, the courts must abide by it.

[Eric Duncan, Conservative, Stormont—Dundas—South Glengarry, ON]

Mr. Speaker, it is a pleasure to be back in the House today to speak to Bill C-22, an act to amend the Criminal Code and the Controlled Drugs and Substances Act.

This has been an issue. We come to Parliament with different goals and priorities both from our ridings perspective and also from our personal passion. One of my passions has not only been the subject of mental health but has been addictions and treatment as well, which be should be the core of this bill.

COVID-19 in the last 14 months has obviously shown that the virus is a serious public health threat for our country and for the global community, but also the growing angst and mental health challenges that many Canadians are facing is certainly something we are not talking enough about or acknowledging enough. When we look at the statistics, suicides have been increasing and issues with addictions have certainly been on the rise as well, which is unfortunate.

For those who know me, I am a political junky not only in Canada but I follow U.S. and U.K. politics quite closely. There are few examples where my view has been changed or a light has gone off, an aha moment has happened for me, more than watching the U.S. presidential election, going back to 2016. I try not to bring too much American politics into our House of Commons, but I certainly think this example and this perspective is one to which we need to listen.

At that time, the former New Jersey governor Chris Christie was running for president and was in the state of New Hampshire. For those who know the state of New Hampshire and follow politics as closely as I do, a serious opioid crisis has beleaguered that state for many years. The number of people who have become addicted and unfortunately the number of people who have lost their lives is a real crisis in that state. Chris Christie was doing a town hall, and there is a video of that. I would encourage Canadians following this debate to look at that video. It is about a six-to-eight minute clip. In that video, he tells the story of his late mother and his law school friend back in the day, and it certainly hit home for me.

As a society, we have to look at addictions and substance abuse in this country differently from the way we have in the past. In politics, we talk about being more compassionate, the lens in which we see people and empathy. This is one where we need to do that.

Chris Christie talked about his mother who was diagnosed with cancer numerous times. The first time she was diagnosed she went to the hospital, was treated and went into remission. Unfortunately the cancer came back. She went back to the health care system, had treatment again and beat cancer a second time. It came back a third time. At no point did anybody in the health care system say, “Sorry, you have had cancer three times, it's is a lost cause, we're not going to treat you any more.” That would be an absurd proposition for a doctor, or a government or a state to say. He said that we had to think that way when it came to addictions. People who have substance abuse problems do not belong in a prison cell; they belong in rehabilitation. They need help to get their lives back on track. This is so important. Substance abuse and addictions know no barrier when it comes to gender, race or income level. It can impact and wreck anyone's life.

I want to speak today to Bill C-22 because as a Parliament, as we begin to have these conversations, more Canadians have a degree of separation, where unfortunately a friend, or a neighbour or a colleague has battled substance abuse or abuse issues. People are becoming more compassionate and know that we do not have enough services in the country when it comes to rehabilitation.

The government had the opportunity to bring a bill forward that could address this. I think we would find strong support in the House and across the country if we were to say that we would look people with simple minor possessions. As opposed to putting them through the criminal justice system or throwing them in prison with a long sentence, we would look at them with a focus on rehabilitation. That would be great.

Some parts of the bill address that. However, it goes way beyond what is reasonable in terms of prevention. Our legislation and laws need to look after individuals who need help, who need rehabilitation. However, our legislation and law enforcement should focus on people who prey on those with addictions, those who are trafficking, those who are preying on them and those who are turning to violence when it comes to drug trafficking. If we had that in the bill, I believe there would be strong support for it. I was very disheartened when I saw the opportunity for a bill to come forward on criminal justice reform but then saw the government add several pieces that would go way beyond that.

Bill C-22 would eliminate a number of mandatory minimum sentences when it comes to gun crimes, for example, robbery with a firearm, extortion with a firearm, weapons trafficking, importing or exporting knowing it is unauthorized, discharging a firearm with intent, possession for purpose of weapons trafficking and the list goes on.

Furthermore, there is an expansion of conditional sentencing. The bill would allow for a greater conditional sentence, such as house arrest, for a number of offences where the offender faces terms of less than two years of imprisonment. The following offences are now eligible: prison breach; criminal harassment; sexual assault; kidnapping; abduction of a person under the age of 14; trafficking or exporting schedule 3 drugs, like LSD; breaking and entering a place other than a house or dwelling; and arson for fraudulent purposes.

We do not need to make it easier for those criminals and people who prey in drug trafficking and drug control. We need to clamp down more than ever on them. We need to provide supports for those with addiction issues who need it. We talk about reducing this, but to go out now with a message to say that we will lessen sentences, give house arrest, and not take these types of serious offences as seriously as we have in the past is the wrong message to send as a Parliament, if we pass this legislation.

We have an opportunity here in the coming weeks and months to improve this. I hope the government makes serious amendments to the bill that focus on exactly what I have spent the last seven or eight minutes talking about. There is not a dollar more for a rehabilitation treatment centre anywhere in the country or a commitment to do more. We need to focus on that.

We need to let people know that government is here for them when they need support. We need to send a very strong message to those who are trafficking, those who are in the drug trade, that the police and law enforcement will get the tools they need from this Parliament to go after them and stop these acts from happening.

I look forward to the debates as they go forward, but the bill goes much further than what I believe a majority of Canadians want. They want more compassion for individuals who have an addiction or substance abuse issue, and tougher enforcement.

The law enforcement, front-line police officers are not asking us for less restrictions and penalties for those who are trafficking drugs. They are asking us to close loopholes. This revolving door that happens frustrates our law enforcement.

We had a private member's bill come forward from my colleague, the member for Markham—Unionville, a common-sense tough bill that would address the core issue and the core problem, and it is being ignored.

I look forward to the debate and to hear what my colleagues have to say. However, for a Canadian who is struggling, this bill does more to empower drug trafficking and those creating the root cause of this problem than finding solutions.

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

Mr. Speaker, I very much feel the empathy my hon. colleague has for people living with substance abuse disorders.

My question is more on the mandatory minimums part of his speech. I find the problem with mandatory minimums is that they take away from judicial discretion in a case. I hope the member will agree with me that every offence that goes before a judge is very unique and they all have very different circumstances. We cannot have a one-size-fits-all for every offence that is committed.

What does the member think about the existing Criminal Code section 718.2, which allows judges in cases to increase sentences based on the severity of the crimes? Does he not have faith that our judges already have tools in the Criminal Code to dole out the appropriate punishment to fit the crime?

[Eric Duncan, Conservative, Stormont—Dundas—South Glengarry, ON]

Mr. Speaker, the message we need to send to those trafficking drugs and preying on the vulnerable in our country is that when we make laws, in certain cases there is a benchmark and for certain crimes that benchmark needs to exist. Judges should have discretion, which we have talked about in different cases, but I look at the message this sends. We are doing the opposite of what law enforcement is asking us to do. It is asking to us to close gaps, to tighten them up and to stop the revolving door that they are seeing in our justice system today.

I agree that we need to have a balance. Too many of the balances are being removed and the message that is sending to those in the illicit black market and trade is that we are getting easier. We need to clamp down more than ever, not take these away.

[Arif Virani, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada]

Mr. Speaker, just by way of correction, law enforcement had asked us to take the step we are taking with respect to drug diversion in this legislation. The Canadian Association of Chiefs of Police has asked for and endorsed the position we are taking.

Given that the member opposite is a member of the Conservative Party of Canada, does he recognize that the Correctional Service of Canada indicates that between 2007 and 2017, Black and other racialized offenders were more likely to be admitted to federal custody based on an offence punishable by an MMP, and the same goes for indigenous accused, such that Black individuals were more than twice overrepresented in the prison population and for indigenous people it was sixfold. Would he agree that shows proof positive through the evidence that the policies of the Harper government have failed with respect to indigenous and Black Canadians?

[Eric Duncan, Conservative, Stormont—Dundas—South Glengarry, ON]

Mr. Speaker, I have a correction for my colleague. Many of these mandatory minimums were introduced under a Liberal government, going back as far as 1976, the Pierre Trudeau government. When he talks about a Harper failure, that is an attempt at a cheap shot that fails.

As I mentioned in my speech, when we are talking about simple possession, we are talking about people who individually have a small possession, who are not out trafficking, who are not committing robbery with a firearm, or extortion with a firearm, or weapons trafficking, or discharging firearms with intent, or prison breach, or sexual assault or kidnapping. Law enforcement in my riding is not asking me to reduce sentences for those cases.

We can deal with the issue of addictions or substance abuse of individuals. I agree with him that our prisons are overpopulated for certain demographics, absolutely. However, the answer for those individuals is getting better treatment, not sending the message that on these numerous serious offences, we are going to lower sentences or give more discretion on them. I do not believe that is what Canadian law enforcement wants.

[Denis Trudel, Bloc, Longueuil—Saint-Hubert, QC]

Mr. Speaker, the correlation between poverty and crime is well established.

Quebec is in the midst of a serious housing crisis. Does my colleague agree that better targeted policies to address homelessness would be a good approach to combatting the type of crime this bill addresses?