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

This bill is from the 43rd Parliament, 2nd session, which ended in August 2021.

Sponsor

David Lametti  Liberal

Status

Second reading (House), as of April 13, 2021
(This bill did not become law.)

Summary

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

This enactment amends the 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.

Similar bills

C-5 (current session) Law An Act to amend the Criminal Code and the Controlled Drugs and Substances Act
C-236 (43rd Parliament, 1st session) An Act to amend the Controlled Drugs and Substances Act (evidence-based diversion measures)

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-22s:

C-22 (2022) Law Canada Disability Benefit Act
C-22 (2016) Law An Act to establish the National Security and Intelligence Committee of Parliamentarians and to make consequential amendments to certain Acts
C-22 (2014) Law Energy Safety and Security Act
C-22 (2011) Law Eeyou Marine Region Land Claims Agreement Act

Debate Summary

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This is a computer-generated summary of the speeches below. Usually it’s accurate, but every now and then it’ll contain inaccuracies or total fabrications.

Bill C-22 amends the Criminal Code and the Controlled Drugs and Substances Act by repealing mandatory minimum penalties for some offences, expanding conditional sentence orders, and requiring consideration of alternatives to criminal charges for simple drug possession.

Liberal

  • Addresses systemic discrimination: The bill aims to address systemic discrimination and unfairness in the criminal justice system, particularly the overrepresentation of indigenous peoples and Black Canadians in prisons.
  • Repeals mandatory minimums: Bill C-22 eliminates mandatory minimum penalties for most drug and some firearms offences to restore judicial discretion, keeping them for serious crimes.
  • Expands conditional sentences: The bill reverses restrictions on conditional sentence orders, giving judges more flexibility to allow non-violent, low-risk offenders to serve sentences in the community.
  • Diverts drug possession cases: Police and prosecutors are required to consider diverting simple drug possession cases to health and treatment programs instead of pursuing criminal charges.

Conservative

  • Weakens penalties for serious crimes: The bill eliminates mandatory minimum sentences for serious offences, including robbery with a firearm, weapons trafficking, and possession of unauthorized firearms.
  • Allows house arrest for serious crimes: The bill expands eligibility for conditional sentences (house arrest) to include serious crimes like manslaughter, sexual assault with a firearm, kidnapping, and breaking and entering a dwelling.
  • Prioritizes criminals over victims: The bill puts the rights of criminals ahead of victims, public safety, and safe streets and communities, failing to support victims of crime.

NDP

  • Prioritizes settler property rights: The NDP argues that the bill prioritizes the property rights of settlers over the unceded territorial claims and historical injustices faced by Indigenous peoples, which must be addressed first.
  • Linked to climate change denial: The bill appears linked to climate change denial and fails to address compensation for residents affected by flooding, which the speaker suggests is an underlying purpose.
  • Contrasts with Indigenous land claims: The focus on protecting settler property rights impacted by climate change stands in stark contrast to the ongoing, unresolved historical land claims of Indigenous nations.
  • Address Indigenous land claims first: The party calls for addressing unresolved Indigenous land claims and potentially recognizing calls for land back before further entrenching private property rights for Canadian citizens.

Bloc

  • Opposes bill C-222: The Bloc Québécois will vote against Bill C-222 because it prevents urgent expropriation for climate-related disasters and environmental protection, which they argue denies climate reality.
  • Hinders climate disaster response: Members argue the bill denies that climate change can cause disasters requiring urgent action, prioritizing private property rights over the common good and public safety in emergencies.
  • Misinterprets property rights: Bloc members dispute the bill's premise that it protects against disguised expropriation via environmental regulations, stating this is handled by civil/common law, not the Expropriation Act.
  • Supports bill C-22 for study: The Bloc Québécois will vote in favour of Bill C-22 to allow it to be studied and improved in committee, despite believing it is far from perfect.
  • Supports judicial discretion: The party supports the bill's principle of eliminating mandatory minimum sentences to restore judicial discretion and its focus on diversion measures, especially for simple drug possession.
  • Concerns about police powers: Members express serious concerns about provisions giving police officers discretion for warnings and referrals without a clear legal framework, preferring oversight by Crown prosecutors.
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Criminal CodeGovernment Orders

March 24th, 2021 / 5:35 p.m.

Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Madam Speaker, reading between the lines, I am happy with the member's criticisms of mandatory minimums. That is quite a great deal of progress from someone who was an integral part of the justice hierarchy in the previous Conservative government.

I want to correct the record. We are not touching mandatory minimums where there is gang-related offences involved, where there is arms trafficking involved or where there are prohibited weapons involved.

The mandatory minimum with respect to robbery, for example, only applies to long guns. It is one particular subset of that offence. It is, again, something that is disproportionately touching Black and indigenous communities across Canada.

Criminal CodeGovernment Orders

March 24th, 2021 / 5:35 p.m.

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, the minister has presented lowering sentences and increasing judicial discretion as a solution to systemic racism in the justice system. We acknowledge there are problems of systemic racism in many institutions, including in the justice system.

It is not obvious to me, though, how lowering sentences across the board addresses those problems. It does not seem to me that increasing discretion or lowering sentences across the board actually tackle the specific problem of systemic racism, unconscious bias and judges making decisions that reflect certain presumptions that may have been influenced by racist ideas, intentionally or not.

What does the minister have in mind that actually addresses directly the problem of systemic racism?

Criminal CodeGovernment Orders

March 24th, 2021 / 5:35 p.m.

Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Madam Speaker, the presumptions upon which the hon. member bases his question are completely false based on the evidence. If people are Black or indigenous, they are more likely to be stopped by the police. They are more likely to be charged with a crime that carries a minimum mandatory penalty.

The point of bringing back discretion for first-time offenders, offenders who do not pose a risk to society, is precisely to keep them out of the criminal justice system. Serious offences will be punished seriously. We are giving back discretion at the lower end of the spectrum so judges, for example, can take into account a Gladue report, which tells judges they should be accounting for very particular circumstances, such as residential school or history of intergenerational trauma.

This is precisely what we are doing. It is true to the common law, but it is also true to better justice policy and it has been a call from every major commission in Canada over the last number of years.

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March 24th, 2021 / 5:40 p.m.

Conservative

Rob Moore Conservative Fundy Royal, NB

Madam Speaker, what we have heard from the minister on a very important bill, Bill C-22, has certainly been educational so far. I think the minister and everyday Canadians probably have a very different idea of what a serious offence is and the types of offences for which criminals should be held accountable.

I would like to ask for unanimous consent of the House to split my time with the member for St. Albert—Edmonton.

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March 24th, 2021 / 5:40 p.m.

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes

Does the hon. member have unanimous consent?

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March 24th, 2021 / 5:40 p.m.

Some hon. members

Agreed.

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March 24th, 2021 / 5:40 p.m.

Conservative

Rob Moore Conservative Fundy Royal, NB

Madam Speaker, it is a pleasure to speak to Bill C-22.

When this bill was first introduced, I read the news release on it, heard the minister's comments and, like many Canadians, took the government at its word about what this bill would do. Unfortunately, when we actually saw the text of the bill, we saw that this was not about simple possession of drugs; that this was not about minor crimes, as the minister just remarked in his statement; and that it was not about minor offences.

I want to highlight the text of the bill and what it actually would do. I think most Canadians would be alarmed by the approach the government is taking.

First, I will talk about mandatory minimums and the elimination of mandatory prison time for what the government is saying are minor offences. What are these minor offences? They include 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; and possession for the purpose of weapons trafficking. What do all those mandatory prison sentences have in common? They predate the previous Conservative government. Most of them are one-year minimums that were brought in by Liberal governments. We did not hear the Liberal minister mention that in his press release, and it would have been good of him to do so.

I think Canadians would be surprised that the bill in fact would do away with minimum sentences on all those offences, and that was certainly not made clear by the government. In fact, the government's messaging was primarily framed as turning a page on Conservative justice policy. There are two things that are worth raising on that.

I am proud to support strong sentences and prison time for individuals who conduct drive-by shootings, robbery with a firearm or crimes like weapons trafficking. This is impacting Canadians from coast to coast. Whether people live in an urban centre or a rural area, they deserve to be safe from crime. In fact, I think most Canadians would agree with that, which is why the Liberals will not talk about what offences they are actually repealing mandatory prison time for. We just heard the Minister of Justice speak. He did not list the firearms offences, like I just did, that would have their punishments lowered under the bill.

Second, the former Conservative government certainly did bring in some mandatory prison sentences for violent offences like the ones I just listed. It is worth noting, though, that if we trace the mandatory prison sentences back, we can trace many of them to 1995 and beyond, under former Liberal governments. In fact, we can even trace the mandatory prison sentence for using a firearm in the commission of an offence back to former Primer Minister Trudeau in the 1970s. Many of the mandatory minimums being maintained by the Liberal government, being kept in the Criminal Code were implemented and strengthened by a former Conservative government.

This is all to highlight the fact that this is largely the Liberals leaning heavily on warped communications to make reforms to the Criminal Code to weaken penalties for crimes that most Canadians would say deserve mandatory prison time.

Now I will touch on the mandatory prison time being eliminated under the Controlled Drugs and Substances Act. The Liberals would have us believe this is just about simple possession of drugs. In fact, Bill C-22 tells us it is just the opposite.

Bill C-22 would eliminate mandatory prison time for trafficking or possession for the purpose of trafficking; importing and exporting or possession for the purpose of exporting; and production of a substance schedule I or II, for example heroin, cocaine, fentanyl and crystal meth. People would be forgiven if they were confused, because the federal government's news release does not mention that it will be eliminating mandatory prison time for drug traffickers. It does not mention that they will be eliminating mandatory prison time for those importing or exporting drugs. Nor does it mention that Bill C-22 would eliminate mandatory prison time for the production of drugs like heroin, cocaine, fentanyl and crystal meth.

I hypothesize that the government's news release does not mention any of this because it recognizes that Canadians would not support eliminating mandatory prison time for drug traffickers. To be clear, these are not people in simple possession of drugs. These are people who are preying each and every day on addicts, on people who need help. These are the individuals taking advantage of them in our communities. These are the people involved in criminal activities and are actively preying on those who struggle every day with addiction.

There is a component in the bill that codifies principles that police officers and prosecutors should follow when determining whether to lay charges, but the fact is that police officers already have the ability to use their discretion when determining to lay charges. Further, the director of public prosecutions previously issued a directive to prosecutors telling them to avoid prosecuting simple possession charges unless there are major public safety concerns. This change, in practice, will therefore have little impact.

The Conservatives believe that those struggling with addiction or mental health issues should get the help they need. Many Canadians struggling with addiction should have access to treatment rather than prison if their crime was non-violent. However, the bill before us would do absolutely nothing to address that.

I will now move on the to the conditional sentencing component of the bill.

Bill C-22 would make a number of offences eligible for conditional sentencing, which means a person would serve their sentence from the comfort of their own home. Again, the government's news release does not outline what those offences are. The minister referred to them as minor offences. Well, here are some examples of offences for which a conditional sentence would be available under Bill C-22: manslaughter, discharge of a firearm with intent, sexual assault with a firearm, robbery, breaking and entering a dwelling-house, breaking and entering a place other than a dwelling-house, assaulting a police officer causing bodily harm, sexual assault, abduction of a person under 14 and kidnapping. The government did not mention any of these specific offences in its news release. It completely brushed over this point and referred to them as minor offences. I think almost all parliamentarians and Canadians would agree that those are in fact serious offences and that people should not be serving a sentence from the comfort of their own home if they have just finished burning down one of ours.

The government has said that removing the section of the Criminal Code that prevents conditional sentences from being issued for the offences I just listed would allow for more effective rehabilitation and reintegration by enabling individuals to maintain employment or to continue caring for children or family members. Quite frankly, I do not think someone convicted of kidnapping, sexual assault, manslaughter or the many other offences I listed should be eligible for house arrest, and I think most Canadians agree on that point.

The Conservatives support reducing recidivism, but Bill C-22 is not the way to tackle it. In fact, my colleague, the member for Tobique—Mactaquac, has introduced Bill C-228, an act to establish a federal framework to reduce recidivism. This bill would set up a framework of measures to help reduce recidivism, reducing the number of people coming into continual contact with the criminal justice system. I hope members on all sides of the House will support it.

We have seen a trend from the government in its failure to respond or stand up for victims of crime. In November of last year, the federal ombudsman for victims of crime called on the government to proceed with the in-depth parliamentary review of the Canadian victims bill of rights, as required under the legislation, so that further means to protect victims of crime could be identified. This has yet to happen.

This is an opportunity to strengthen the act and ensure that supports are made available for victims. The federal ombudsman for victims of crime said that based on the data available to her, it appeared the objectives of the act established in 2015 have not been met. Her office released a series of recommendations in a progress report that should be reviewed more fully in the parliamentary review that the government should proceed with quickly to ensure that victims and their families receive the support they deserve.

A few days after the report from the federal ombudsman was released, a decision by the Quebec Court of Appeal struck down a section of the Criminal Code allowing for consecutive life sentences. This was the case of a man who murdered six people in a Quebec City mosque in 2017—

Criminal CodeGovernment Orders

March 24th, 2021 / 5:50 p.m.

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes

My apologies, but we have to go to questions and comments.

The hon. member for Kings—Hants.

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March 24th, 2021 / 5:50 p.m.

Liberal

Kody Blois Liberal Kings—Hants, NS

Madam Speaker, I had the chance to do a background review on my hon. colleague, and I see that he was a lawyer before his time in Parliament. I was too, and I know there are going to be different ideologies on this legislation through and through. When I look at it, I do not see how I, as a parliamentarian, should have the discretion to decide sentences.

The member talked about discretion a lot in his speech. As he is someone with a legal background, does he not believe that we should be giving judges and the people who can hear the facts and particular circumstances of a case the discretion to put sentencing in place, as opposed to allowing parliamentarians, without any context, to set mandatory minimum sentences?

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March 24th, 2021 / 5:50 p.m.

Conservative

Rob Moore Conservative Fundy Royal, NB

Madam Speaker, I agree that judges should have discretion when it comes to sentencing, but this is also the role of Parliament. We are the ones who decide, through the Criminal Code, what is a criminal act, and we set out the parameters for a minimum sentence or a maximum sentence. That is part of our job and it is not a partisan thing. Many of the minimums being eliminated by the Liberal government were introduced by previously Liberal governments. This is about ensuring that there is an appropriate sentence for someone who commits a very serious crime.

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March 24th, 2021 / 5:50 p.m.

Bloc

Yves Perron Bloc Berthier—Maskinongé, QC

Madam Speaker, I thank the member for Fundy Royal for his speech. This is not about reducing sentences but tailoring them. This also does not mean that some offences are not necessarily serious.

When the member said that police officers can use their own discretion when determining whether to lay charges, sometimes the reality is that charges must be laid because the actions were serious, even though the external circumstances would justify a different penalty.

In the end, as the previous speaker stated, that is why this bill seeks to put power back into the hands of judges. Does the hon. member not believe that judges have adequate training?

If we simply needed people to look at a chart of minimum sentences and tick one off, could we simply do without judges and their many years of training?

Is the member questioning judges' training?

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March 24th, 2021 / 5:50 p.m.

Conservative

Rob Moore Conservative Fundy Royal, NB

Madam Speaker, the bill does not deal with minor and insignificant offences. It deals with what I would say are very serious offences, such as robbery with a firearm and extortion with a firearm. Parliament, in its wisdom in the past, has assigned to offences not only maximum sentences, which impact a judge's discretion, but also minimum sentences. This has been done with Parliament's wisdom. It is up to us and within our power to change that, but it has always been the case that Parliament sets out the parameters whereby judges sentence people.

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March 24th, 2021 / 5:50 p.m.

NDP

Heather McPherson NDP Edmonton Strathcona, AB

Madam Speaker, my colleague's intervention was very interesting. I was very happy to hear him talk about support for those struggling with addictions and struggling with the possession of small amounts of drugs.

I am wondering whether he supports emergency exemptions for the Controlled Drugs and Substances Act concerning personal possession and supports the full decriminalization of possession of small amounts of drugs for personal use, potentially even going so far as to support safe supply. We have listened to health care providers, frontline service workers, police and public health officials, and we know this is the way to save the lives of people struggling with addictions. Is he supportive of those initiatives?

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March 24th, 2021 / 5:55 p.m.

Conservative

Rob Moore Conservative Fundy Royal, NB

Madam Speaker, I think a lot of us were quite surprised about this when we read the bill. This has nothing to do with the simple possession of drugs. In fact, it has everything to do with the people who are preying on addicts in our communities. For trafficking, possession for the purpose of trafficking, importing and exporting, and even the production of schedule I and schedule II drugs, minimum sentences are being removed. We are lessening the sentences of those who are preying on victims. That is moving in the exact wrong direction. I agree—

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March 24th, 2021 / 5:55 p.m.

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes

Resuming debate, the hon. member for St. Albert—Edmonton.