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

[Larry Bagnell, Liberal, Yukon, YT]

Mr. Speaker, I did forget that and I thank the member.

I will now go to the three main elements of the bill and explain how they would fill the objectives of which I am supportive. I mentioned the unbalance of people in federal institutions. Certain mandatory minimums have also been found unconstitutional because they are excessive. They do not reasonably match the crime and the criminal with the punishment. People can get off unreasonably and I do not think others would want that if that happened.

Another item related to the mandatory minimums is it leads to longer trials and often more cases end in acquittals, that many would not have occurred if people were not facing an unreasonable option as an end result. Another reason, from my perspective, is for first-time offenders on minor offences. The evidence has shown that often it is less safe and has less positive results when first-time offenders are put in jail as opposed to some of the alternatives like diversion and other types of programs and treatments.

We are all social animals. If people do not think they are, they can try to go against their own political party members on a particular issue.

I call jail the university of crime. If we put people in jail for the first time, they will learn from the people they deal with every day, and they will learn from every day on how to become more hardened criminals, rather than from dealing with their problem.

Some people say that putting criminals in jail makes communities safer. It does not if they are making more hardened criminals. The point people neglect to mention when making that case is that virtually almost everyone gets out of jail, so we want them safer when they get out and we want them rehabilitated.

Another reason to remove some mandatory minimums is that we cannot really trump other provisions of the justice system, like the Gladue provisions and other such provisions on racialized reports, by having a mandatory minimum. There is a conflict there. A number of people from various parties have raised the fact that it limits a trained judge from the individual tailoring of a sentence to the severity of the crime and the background of the criminal.

The second major item in the bill is related to the greater use of conditional sentences. For people who want evidence-based policy and legislation, it has been proven time and time again that people are far less likely to reoffend if they have the appropriate rehabilitation. A conditional sentence can be very hard with the treatment that can be assigned with it. It is not easy for someone, but it is much more effective.

I remember when we were dealing with this and debating it about 10 years ago. A big supporter of this was Conservative Senator Vern White, who had been the police chief in Whitehorse and then in Ottawa. At that time, recidivism rates were around 40% to 60%, and the conditional sentencing rates were 10% to 30%. Much progress has been made in many cases.

I appreciate the Bloc's view on this from the experiences it has had in Quebec with diversion, conditional sentences and other forms of dealing with people, especially young offenders. I remember in February 2001, Michel Bellehumeur from Berthier—Montcalm was really passionate about this. In fact, I think he spent most of his term in the House of Commons passionately making that case about more appropriate treatment of people. In that case, it was young offenders, but also more progressive and successful treatment of first-time offenders.

Also, I want to clarify what some have talked about with respect to safety and conditional sentencing. Once again, that is only allowed if the person is not a “danger to society”, which is the term for use by the judge and only for a sentence that is less than two years. There have been a number of successful stories of women who were not put in jail, but were given conditional sentences to stay with their family and their social network, and go to treatment.

The third element of the bill relates to the possession of drugs. In the majority of crimes, people are either on substance or are trying to get money for a substance, including alcohol. Therefore, I personally would move more toward what Portugal is doing. It is a step in the right direction. If people have an addiction, the last thing they need is a criminal record. It is harder for them to get a job, which is what may have caused the addiction in the first place, to feed their family, etc.

Finally, the federal economic statement, which I hope we will be voting on this week, has support for some of the items that people have mentioned, such as support for the Gladue report, the race and cultural assessments and community justice centres, all of which can deal with the root causes and the situations people are in. From my perspective, this is a move in the right direction on a number of fronts to make it safer, to reduce the number of victims, to reduce the costs and to have a fairer justice system.

[Martin Champoux, Bloc, Drummond, QC]

Mr. Speaker, I thank my colleague and congratulate him for his speech.

I am hearing a lot of comments about sentencing. We know that harsher sentences do not result in fewer crimes being committed. Prisons are overcrowded, and people from racialized or indigenous communities are overrepresented in our prison system. We are hearing a lot about good will. We are also hearing a lot about protecting victims of serious crimes.

However, I have not heard anything about a solution for the root cause of the problem. It is not necessarily by reducing sentences, eliminating minimum sentences or encouraging convicted criminals to undergo therapy that we are going to find a solution for the root cause. Racialized communities and indigenous people continue to account for a large proportion of the prison population, and I would like my colleague to tell us how to solve this problem.

[Larry Bagnell, Liberal, Yukon, YT]

Mr. Speaker, the bill does deal with them, but unfortunately only once they are in the system. Then we try to ensure they do not go back into the system.

The member is exactly right. We have lobbied and made the case for years that we have to deal with the root causes as to why people come into the system in the first place. That is why we have the biggest housing fund in Canadian history. It all starts with housing first. If people do not have a home, how can they deal with other problems, such as addictions or anything else that might lead them into the justice system?

That is why we have increased the homelessness programs. I think we have more than doubled those. We have increased money for mental health, because a number of people in the mental health system end up in hospitals or jails when there should be mental health supports. That is why we have increased the special contributions to every province and territory for mental health. It is why we have supported indigenous and other cultures to ensure they are included in our policies and laws so they do not feel disjointed, which could add to them getting into the criminal justice system.

All these items relating to poverty and addiction need to be dealt with to reduce the root causes. Then we would not need to have a major debate like this.

[Heather McPherson, NDP, Edmonton Strathcona, AB]

Mr. Speaker, as a member of Parliament representing a riding in Alberta, I have been horrified by our provincial government's response to the opioid crisis that is devastating our province and other regions of the country.

The lack of understanding, the lack of empathy and the lack of common sense shown by the UCP in regard to this issue has meant that Albertans, more than ever, are depending on the federal government to step up and protect our loved ones, and to treat addiction and substance abuse as a medical issue, not a criminal issue.

Sadly, this bill simply removes the mandatory minimums, but individuals who struggle with substance issues will still end up in the criminal justice system.

The member spoke about how he possibly did not agree with this, but I wonder how he can support legislation that does not go far enough, that does not take people struggling with addiction out of the criminal justice system.

[Larry Bagnell, Liberal, Yukon, YT]

Mr. Speaker, I do not think we should let the perfect be the enemy of moving forward, of having some success. We have to take steps. This is a move in exactly that direction. It will reduce some. I would like to move as far as Portugal has.

As the member very appropriately said, it is a health issue. A majority of crimes in Canada are caused by someone with an addiction or someone raising money to support an addiction. That is where the support needs to be to deal with that. It is not a criminal issue. Criminalizing people with addictions just accentuates the problems that would put them in jail. I agree.

It is a move in that direction, maybe not as far as some people want, but we have to take as many steps and opportunities as we can to move in that direction.

[Tony Van Bynen, Liberal, Newmarket—Aurora, ON]

Madam Speaker, today I join you from the traditional territories of the Wendat, Haudenosaunee and Anishinabe people and the treaty land of the Williams Treaties First Nations to speak to Bill C-22, particularly on the issue of MMPs, or mandatory minimum penalties, in the Criminal Code and the Controlled Drugs and Substances Act.

The importance of equitable sentencing laws in the criminal justice system cannot be overstated. Indeed, imprisonment represents one of the most grave intrusions by the state into the lives of individuals and, as such, sentencing laws must be carefully reviewed to ensure that they reflect the values that Canadians hold dear. Unfortunately, there are inconsistencies with the current sentencing regime provided by the Criminal Code and the Controlled Drugs and Substances Act that disproportionately impact indigenous peoples, Black Canadians and members of marginalized communities.

Bill C-22 proposes to repeal the particular MMPs that have shown to have the most significant impact on these communities, while ensuring that the courts can continue to impose sentences for violent and serious crimes that respond to their seriousness and the harm caused.

When considering the appropriate sanction for an offender in a criminal case, a judge must effectively balance the principles of proportionality, parity and restraint. The principle of proportionality requires a sentence to reflect the gravity of the offence and the degree of responsibility of the offender. The principle of parity requires it to be similar to those imposed on similar offenders in similar circumstances. Perhaps most importantly, the principle of restraint dictates that an offender should not be deprived of liberty if less restrictive sanctions can be appropriate under the circumstances.

Balancing these principles is a highly individualized process that demands an assessment of all relevant factors, including personal characteristics, life experiences and the individual standing before the court. However, when an offence carries an MMP, the minimum punishment is prescribed by law, which removes a certain amount of discretion from judges and means that they cannot impose sentences below the legislated minimum, even in cases where they find that a shorter period of imprisonment or no imprisonment at all would be an appropriate sentence given the circumstances of the offence.

While proponents of MMPs would argue that this ensures consistency and fairness in sentences for the same crime, the reality is that for some crimes this cannot and does not yield a fair result, which has negative impacts on the justice system at large, as well as on the victims. MMPs can be inconsistent with the direction of the Criminal Code requiring judges to use imprisonment with restraint and to consider all available sanctions other than imprisonment that are reasonable in the circumstances for all offenders, with particular attention to the circumstances of indigenous offenders.

Between 2007 and 2017, data shows that indigenous and Black individuals were more likely to be admitted to federal custody for an offence punishable by an MMP than were other Canadians. In fact, the proportion of indigenous adults admitted with an offence punishable by an MMP almost doubled between those years, from 14% to 26%. Similarly, in 2018-19, Black persons represented 7.2% of the federal inmate population, but only 3% of the Canadian population.

Indigenous people and Black Canadians are particularly overrepresented for firearm and drug offences carrying MMPs. Specifically, Black Canadians comprised 43% of individuals convicted of importing and exporting drugs in 2016-17, while indigenous people comprised 40% of those admitted for a firearm-related offence in the same year.

Bill C-22 responds to this data by proposing to repeal MMPs for all drug offences in the CDSA, as well as for one tobacco-related offence and 13 firearm offences in the Criminal Code.

MMPs would remain for offences such as murder, sexual assault, all child sexual offences and for certain offences involving restricted or prohibited firearms or where the offence involves a firearm and is linked to organized crime.

While MMPs have been in place since the Criminal Code was first enacted, they were largely the exception until relatively recently. Over the last two decades, there has been an increased reliance on MMPs to further denounce crimes, deter offenders and separate them from society. The proliferation of MMPs has resulted in an increase in successful charter challenges at all levels of court, including the Supreme Court, culminating in two significant decisions. The first decision was Nur, in 2015, involving three- and five-year MMPs for illegal possession of a loaded prohibited or restricted firearm, and the second was the Lloyd decision, in 2016, involving a one-year drug MMP. Both cases make it clear that the use of MMPs for offences that cover a broad range of conduct is susceptible to charter challenges. More charter challenges mean more trials, increased costs and delayed justice, outcomes that are good for no one.

It is my understanding that as of February 8, 2021, out of 560 ongoing charter challenges in Canada tracked by the federal Department of Justice, 47% are challenges to MMPs. The proposed reforms will therefore improve the efficiency of the justice system by lowering the volume of charter challenges in the courts, which put additional pressures on their already limited time and resources.

The MMPs being repealed in this bill have failed to achieve their purported objectives: deterrence and the protection of public safety. Research has shown that increases in the severity of sanctions actually increase the likelihood of recidivism, thus failing to deter crime or protect the safety of the public. We know that a justice system that provides a one-size-fits-all response to crime can be ineffective and lead to unjust results for victims, for offenders and for Canadians in general.

Courts must have the flexibility to order sentences that reflect the circumstances of each case. In some cases, jail will be appropriate, and this bill would not change the ability of judges to sentence offenders to incarceration when it is warranted. However, in other cases, sentences that more effectively address the root causes of the offence and that better address the harm caused may be more appropriate. I might add that they would be more effective in ensuring public safety as well, because they reduce the likelihood of reoffending.

The amendments proposed in Bill C-22 would ensure that the courts are still able to impose tough sentences for violent and serious crimes, while restoring their ability to consider the systemic factors that disproportionately impact indigenous peoples, Black Canadians and marginalized people, and impose non-custodial sentences or sentences of imprisonment below the MMP when satisfied that the sentence would be appropriate to the degree of responsibility of the offender and the gravity of the offence.

The reforms would also respond to recommendations from many stakeholders in the area of anti-racism and the criminal justice system, including key stakeholders in my riding of Newmarket-Aurora, whom I had the pleasure of bringing together for a conversation with the Minister of Justice back in October.

The Truth and Reconciliation Commission has also called for the elimination of indigenous overrepresentation in correctional institutions over the next decade, including through amendments to the Criminal Code in the area of MMPs. Similarly, in its final report, the National Inquiry into Missing and Murdered Indigenous Women and Girls called for all levels of government to evaluate the impact of MMPs on the over-incarceration of indigenous women, girls and 2SLGBTQQIA people, and to take appropriate action to address their over-incarceration. More recently, the parliamentary Black caucus, composed of senators and members from all parties, called for the elimination of MMPs in the statement issued on June 20, 2020, which I am proud to support.

Bill C-22 shows that we are listening to the calls of our fellow Canadians to bring about evidence-based reforms to the sentencing regime. The proposed amendments are an important step toward creating a justice system that represents and protects all Canadians in an equitable and non-discriminatory way.

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

Mr. Speaker, I have a comment to make myself. Several people today have noted that the science with respect to mandatory minimum penalties has been conclusive and their usefulness has been completely debunked. In my opinion, this is false. I reached out to the Library of Parliament a few weeks ago and asked them this very question. Their conclusion to me, in a lengthy document that I would be happy to share, is that while deterrence, as such, may or may not be increased in certain punishments, it “is not the only factor in the debate over MMPs”, as mandatory minimum penalties are called, “and some other factors are more commonly addressed from a qualitative rather than quantitative standpoint.” Their final conclusion to me is, “Due to the variety of different metrics employed, the Library is unable to definitively comment on the degree to which scholarly opinion is settled with respect to MMPs.”

I wonder if the member could comment on the status of the science in question and the research report from the library.

[Louise Chabot, Bloc, Thérèse-De Blainville, QC]

Mr. Speaker, I rise on a point of order.

There was no interpretation for a minute. However, the problem now seems to have been resolved.

[The Deputy Speaker, Bruce Stanton]

I thank the member for her patience with the interpretation issues.

We will now ask the hon. member for Newmarket—Aurora for his response.

[Tony Van Bynen, Liberal, Newmarket—Aurora, ON]

Mr. Speaker, I am sure we will have varying degrees of interpretation as to what is most effective. What I see in what is being proposed here is that we are making progress. I am not sure we will reach end-state resolution, but we are moving forward, and this bill would go a long way toward dealing with the overrepresentation that is caused by the MMPs. It is long overdue for us to give consideration to correct that shortcoming.

[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.