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

This bill was last introduced in 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 often publishes better independent summaries.

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.

Elsewhere

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

Criminal CodeGovernment Orders

April 13th, 2021 / 11:10 a.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

I do apologize. I did not notice that the member did not have her headset on. I will double-checked to ensure the interpreters did hear. There was no problem for the them.

I want to thank the member for Saskatoon—Grasswood for raising that point of order. I want to remind all members to ensure they have their headsets on before they speak.

Criminal CodeGovernment Orders

April 13th, 2021 / 11:15 a.m.
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NDP

Charlie Angus NDP Timmins—James Bay, ON

Madam Speaker, I rise on a point of order. Far be it for me to challenge the Chair, but the question is not whether the interpreters heard it. We have been told in our caucuses that there is a health and safety risk to the interpreters because of the lack of the use of headsets. That is the question. It is not whether the interpreters heard it and can pass on the question; it is that there has to be respect for the interpreters and their protection because they are doing this day in and day out.

I would ask the Chair to consider reminding members that it is not just that they should but they have to wear their headsets. If they are not, they should not be putting questions.

Criminal CodeGovernment Orders

April 13th, 2021 / 11:15 a.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

I appreciate the additional information the hon. member for Timmins—James Bay has brought forward. I certainly am very aware of the challenges this brings for the interpreters.

The reason I asked whether the interpretation had been heard was that I would have asked the hon. member to repeat her question, with the mike on, to ensure the question was heard.

Again, I do want to remind the member, and I will do my best to recognize whether members have their headsets on before questions are asked. I know I looked at it for the member giving her speech, because it was difficult to see if she had it on.

I will go to the hon. member for Lakeland for a response.

Criminal CodeGovernment Orders

April 13th, 2021 / 11:15 a.m.
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Conservative

Shannon Stubbs Conservative Lakeland, AB

Madam Speaker, I am not sure what legislation the members who are raising this issue are reading. Frankly, I do not know if they are actually examining the fact that Bill C-22 would reduce mandatory prison times, eliminate mandatory prison times for these firearms offences, robbery with a firearm, extortion with a firearm, weapons trafficking, importing or exporting knowing it is unauthorized, discharging a firearm with intent, using a firearm in commission of offences, possession of firearms knowing its possession is unauthorized, possession of a prohibited restricted firearms with ammunition, possession of a weapon obtained by commission of offence, possession for purpose of weapons trafficking, discharging a firearm with recklessness. Members who do not recognize that these are in the legislation and do not want to talk about them are not applying the scrutiny and due diligence to the bill as they ought to.

The reason the front half of my speech focused on that is because that is what Bill C-22 would do. I also focused on all the other violent crimes for which the consequences would be lightened and softened by Bill C-22. That is also what the bill would do. Elected representatives—

Criminal CodeGovernment Orders

April 13th, 2021 / 11:15 a.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

There are many others who want to ask questions.

Questions and comments, the hon. member for Thérèse-De Blainville.

Criminal CodeGovernment Orders

April 13th, 2021 / 11:15 a.m.
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Bloc

Louise Chabot Bloc Thérèse-De Blainville, QC

Madam Speaker, I am trying to understand the member's approach.

We all remember that under a Conservative government, the system was very judicialized in areas that warranted a different approach. That is what this bill seeks to do. Evidence suggests that some measures and the way certain offences are handled are ineffective. Criminalization leads precisely to outcomes we do not want. In Quebec, there has been a heavy focus on rehabilitation for certain issues.

Why do the Conservatives fail to recognize that this evidence on offences shows that this is more of a public health issue than a public safety issue?

Criminal CodeGovernment Orders

April 13th, 2021 / 11:15 a.m.
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Conservative

Shannon Stubbs Conservative Lakeland, AB

Madam Speaker, I do not think I have a single constituent in Lakeland who actually thinks that prison breach, criminal harassment, sexual assault, kidnapping, trafficking persons for material benefit, abduction of a person under 14, motor vehicle theft, theft over $5,000, breaking and entering a place, being unlawfully in a dwelling house, arson for fraudulent purposes, causing bodily harm by criminal negligence, assault causing bodily harm or with a weapon and assaulting a peace officer causing bodily harm or with a weapon are in any way, shape or form minor offences, as the member just said.

I think Canadians expect the government to stand up for the rule of law, put victims first, stand up for their rights, target violent criminals, sexual offenders and criminal gains, ensure the Criminal Code protects Canadians and changes and evolves as public safety and crime trends shift. As well, as MPs, also relative to the question asked to me previously, we must be willing to reflect the values of the people we represent. That is what I am doing here.

My constituents, and I believe all Canadians, consider these crimes to be extremely serious. They want the system to combat them. By reducing mandatory sentences for serious crimes, Bill C-22 says that elected representatives do not need establish any bottom lines, do not have to set any automatic consequences. It would turn the government's back on those who need its support and need to know right now more than ever that someone has their backs.

Criminal CodeGovernment Orders

April 13th, 2021 / 11:20 a.m.
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Conservative

Damien Kurek Conservative Battle River—Crowfoot, AB

Madam Speaker, it is an honour to stand once again in this House and participate in an important debate. I plan to address two major themes in my speech. The first has to do with the fact that it seems the members opposite are simply not aware of what is contained in this bill. This bill actually reduces some of the penalties for serious firearms offences. I will get into the specifics of that here in a moment. The second is the larger topic of conversation surrounding being soft on crime and the very troubling trends that we see, not only with this bill, but with some of the larger context of how the government is failing victims.

First, on firearms, I find it absolutely tragic that we are debating firearms in this place in a way that completely ignores the facts. The members opposite will talk about how it is important to ban assault rifles and these military-style weapons, when very few members opposite understand the reality of what they are talking about. The reality is truly a trifecta of misinformation and political rhetoric torqued to the highest extent possible to appeal to a narrow band of political interests that is simply not based on reality.

I have a few examples. The Conservative member for Markham—Unionville brought forward Bill C-238, a bill that was meant to bring many people together to combat a real issue, and that is violent gun crime. However, the Liberals voted against it. How tragic is it that the Liberals, who claim to be targeting law-abiding firearms owners, would absolutely dismiss an attempt by parliamentarians to address some of those issues? It is absolutely shameful.

Second, we see the context of aspects of this debate with last year's order in council banning 1,500 firearms. It was absurd logic. In fact, when I participated in the member of Parliament's briefing for that OIC, the officials who were brought in did not even understand the very basis of the firearms they said they were banning. How absurd is it that we have such a disconnect between the consequences of what I would suggest is a massive overreach of the executive branch, targeting something, and then they torque it up with their rhetoric about how they are somehow taking action on crime? It is shameful, the record of the government.

The members opposite suggest that this somehow does not have relevance to the debate today, which is absurd and again more of their torqued political rhetoric, at a time when they seem to be bent on calling an election in the midst of a pandemic. I would note, as a bit of an aside, that there is a Supreme Court challenge in Newfoundland that has been launched today by an opposition party because of an election there that many would suggest, and certainly this lawsuit suggests, does not have the confidence of the people. It was a Liberal majority, yet the Prime Minister and the government seem bent on stealing power at any cost.

The third aspect of this bill is that it takes the serious criminal offences. Specifically, as I mentioned in the first part of my speech, I want to talk about the firearms side of things. The fact is that they are lessening penalties on serious firearms offences.

The Liberals introduced Bill C-21, literally banning toy guns. They said that was fake news, yet the reality, as we have learned, is that bad legislation creates bad outcomes and does not do what they say they are trying to accomplish. In the same week, they introduced Bill C-22, only a few days later. On Tuesday, they introduced a bill to punish law-abiding Canadians for simply living their lives, in many cases using something that is a tool in many parts of our country.

I come from a rural constituency, where a firearm is a tool like many others. It can be used as a weapon, but so can a baseball bat, a kitchen knife or a van, yet that torqued-up rhetoric based on a blind ideology has labelled so many thousands or millions of Canadians to be somehow criminals.

The same week, only a couple of days later, on a Thursday, the Liberals introduced Bill C-22, eliminating penalties for serious firearms offences. It is absurd that this is what they think they can get away with. Certainly, my constituents see through that absurdity. I hear from Canadians across the country, including the constituents of quite a few members opposite, who are saying they are starting to see through the facade, the political spin that the government is trying to bring on this and how absolutely shameful it is in that regard.

That brings me to the second part of my speech, which addresses some of the other aspects of this bill and the very troubling trend that I would suggest it is setting.

Bill C-22 eliminates a number of those firearms offences and the mandatory prison times, such as robbery with a firearm, discharging a firearm with intent to harm, and weapons trafficking. Those are the problems, not the law-abiding firearms owners.

The Liberals are also proposing in this bill that criminals could serve house arrest rather than jail time for a number of offences, including sexual assault, in the midst of the conversation around sexual assault in the military. I listened to the testimony on the Bastarache report regarding sexual assault in the RCMP and the revelation of how terribly pervasive that is within our society, yet the Liberals, who talk tough, with their woke feminist Prime Minister, are truly being soft and punishing victims at a time when victims deserve an advocate.

There is also trafficking in persons for material benefit and kidnapping. At a time when we are trying to bring awareness to human trafficking, the fact that the Liberals are punishing victims is absolutely absurd and shameful.

There is a series of other offences where the sentences are being reduced. The trends that are being set are very troubling, such as the soft-on-crime approach and ignoring victims. Meanwhile, we have seen, especially in my large constituency in rural east-central Alberta, a massive growth in rural crime and serious offences that have really affected the way of life of my constituents, the ability of Canadians to feel safe in their homes, and so many aspects of the way in which we live.

The Liberals are going to suggest that somehow we, the evil Conservatives, want to punish people for not breaking the law, which is just Liberal spin. It is unfortunate that it has devolved to the point it has, because it is taking away from the seriousness of this debate. It is quite simple. Conservatives are focused on ensuring that Canada's drug laws target individuals who prey on Canadians struggling with addictions through the trafficking and sale of drugs to the victims of what is an opioid pandemic, which is what those drug dealers and gangs deserve. The member for Lakeland, who spoke prior to me, articulated very well the challenges we face regarding drug use in this country. This is not about punishing a victim; it is about ensuring that those who are responsible for those abuses, the gangs, the drug dealers and whatnot, are punished.

The Conservatives have talked about mental health. We believe there needs to be a clear plan on ensuring there is restorative justice and a plan that addresses and helps victims. That is the clear difference here. We have the hug-a-thug mentality from the Liberals on the other side, and we have the Conservatives, who want to stand up for victims. Bill C-22 is incredibly troubling in the context of the bigger picture and the blatant hypocrisy that exists on the firearms debate.

I would conclude by saying that I cannot in good conscience support this. My constituents have overwhelmingly told me that this is a bad bill. I certainly will not be supporting it going forward.

Criminal CodeGovernment Orders

April 13th, 2021 / 11:30 a.m.
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Liberal

Kody Blois Liberal Kings—Hants, NS

Madam Speaker, before I had the privilege of representing the people in Kings—Hants, I served as a lawyer, and I can certainly say that not all the factors of each case are the same. Every case is built differently.

Does the member believe that it is his job here in Parliament, and that he is in a better position than the men and women we appoint as judges, to decide the sentences of individuals who commit crimes? Does he think he is better placed here in Parliament than someone who would hear the actual facts of the case?

Criminal CodeGovernment Orders

April 13th, 2021 / 11:30 a.m.
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Conservative

Damien Kurek Conservative Battle River—Crowfoot, AB

Madam Speaker, there we have it. It is the spin of somehow suggesting that Conservatives are simply wanting to target or prescript offences and whatnot. The reality could not be farther from the truth. Conservatives do believe that serious crime deserves serious time, and the vast majority of Canadians suggest the same. I find it very ironic that the Liberals want to paint this as all being the evil Harper era that brought in all of these things, when it was actually Pierre Elliott Trudeau. They are repealing some laws that date back to the Prime Minister's own father.

To acknowledge the member, a proper balance has to be found. In practice, right now, in the public prosecution service and the discretion of law enforcement there is a great deal of flexibility, but when it comes to serious crimes, there have to be serious penalties for that in this country. Victims deserve it.

Criminal CodeGovernment Orders

April 13th, 2021 / 11:30 a.m.
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NDP

Charlie Angus NDP Timmins—James Bay, ON

Madam Speaker, we have been working with the Mushkegowuk Council on the fire keeper patrol to deal with the opioid crisis in downtown Timmins, which has caused devastation, to have a mobile team working with the homeless, getting them off the streets and getting them the help they need. That is only part of what we are facing with the devastating impacts of fentanyl and crystal meth in all of our communities. We need to have treatment centres. We have been reaching out to the Liberals saying we need action and we need a commitment. We are losing people every day across the country, and in our communities we have had massive deaths because of fentanyl and the opioid crisis.

I would like to ask my hon. colleague why he thinks it is that we are talking about many things in the House, but we never hear from the Liberal government on the crisis that we are seeing right on the ground in all our communities.

Criminal CodeGovernment Orders

April 13th, 2021 / 11:30 a.m.
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Conservative

Damien Kurek Conservative Battle River—Crowfoot, AB

Madam Speaker, I agree. Certainly the pandemic has taken a lot of airtime regarding health issues, but at the same time there has been an epidemic of opioid deaths. In fact, in British Columbia, and I will be forgiven for not having the most recent stats, there were more opioid deaths than there were COVID deaths, at least a number of months ago. I think it is absolutely tragic that we are not taking this seriously.

Part of the reason I am opposed to this bill in particular is that the government seems intent on lessening penalties for those who would be responsible, not the victims who are experiencing mental health challenges and a series of other factors that would lead to addiction, but the people who are bringing these drugs, getting them onto our streets and smuggling them into our country, and the gang activity associated with that. It is troubling that this issue is not taken more seriously.

Then, on the other side, I was proud of the Conservative private member's bill to deal with recidivism, and further significant Conservative pressure to deal with mental health challenges to ensure that we are addressing the full context here. Certainly victims, including victims of opioid addictions, need to be stood up for, and this bill fails miserably at that.

Criminal CodeGovernment Orders

April 13th, 2021 / 11:30 a.m.
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Bloc

Louise Chabot Bloc Thérèse-De Blainville, QC

Madam Speaker, the Harper Conservatives did bring in a significant number of tough-on-crime measures. I am trying to understand what this bill is all about.

I have a question for you that is strictly about opioids. You talked about victims, but there are also people who use opioids who need to be protected.

Would you support the decriminalization of the possession of substances like opioids?

Criminal CodeGovernment Orders

April 13th, 2021 / 11:35 a.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

I would remind the member to address her questions through the Chair and not to the member directly.

The hon. member for Battle River—Crowfoot.

Criminal CodeGovernment Orders

April 13th, 2021 / 11:35 a.m.
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Conservative

Damien Kurek Conservative Battle River—Crowfoot, AB

Madam Speaker, the simple answer is no. I do not agree with the decriminalization of drugs. However, it is a misconception that this bill would somehow fix the problem of individuals who would be charged with simple possession. That is not what this bill addresses. It addresses the serious offences of those who are trafficking, smuggling and involved in the gang activity that leads to these victims on our streets. We have to have a plan to address opioid addiction in this country.