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 the Library of 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
C-22 (2010) Law An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service
C-22 (2009) Law Appropriation Act No. 1, 2009-2010

Criminal CodeGovernment Orders

April 13th, 2021 / 10:55 a.m.

Liberal

Nathaniel Erskine-Smith Liberal Beaches—East York, ON

Madam Speaker, I do not know that the measures need to be in this bill. It becomes about the implementation of the bill. I mentioned the need to implement it well, and we are lucky insofar as we have a situation right now where the Canadian Association of Chiefs of Police recognizes that the status quo is ineffective and we need to reform our drug laws. Prosecutors and judges recognize this as well.

We are in a good place to move this forward and implement it well, but it does come down to resources, and I would say resources are twofold. One relates to health care and ensuring that, if there are referrals to health care providers, there are resources in the health care system so those treatment options exist. The second relates to training resources for police officers.

To the member's point, I do not think they need to be in the bill per se, but as we implement the bill, they absolutely need to be there. It is great for the chiefs of police to believe in decriminalization, but we need police officers on the ground to have training as well, and that will require resources. If we want to implement this well, the government will need to step up with financial resources to make it happen.

Criminal CodeGovernment Orders

April 13th, 2021 / 11 a.m.

Liberal

Judy Sgro Liberal Humber River—Black Creek, ON

Madam Speaker, my colleague and I do not always agree on things, clearly not on his desire for decriminalization, even though I very much support harm reduction in a variety of ways.

Since we have gone ahead with the legalization of marijuana, and we have certainly helped a tremendous number of young people avoid incarceration, what has he seen during this period as to the implications, negative or positive, of the legalization of marijuana?

Criminal CodeGovernment Orders

April 13th, 2021 / 11 a.m.

Liberal

Nathaniel Erskine-Smith Liberal Beaches—East York, ON

Madam Speaker, I think of the legalization of cannabis in three ways. One is tackling organized crime and undercutting the profits of organized crime. It is not perfect yet, but as the system continues to develop, we will get there, just as we got there with alcohol. Two is that, as The Global Commission on Drug Policy makes clear, a legalized and strictly regulated framework can also reduce access for young people. We need greater education resources in this area, but this can do significant work as well. Three is treating responsible adults as responsible adults. That is what the framework does as well, and I would include myself in that category.

Not all of the policies as they relate to cannabis translate to other drugs. There are some that carry much more serious potential risks, but we need to learn the lessons and to be a world leader on this, not only in enacting real progressive policies domestically, but also in taking that message to the world stage to reform the narcotics control regime internationally.

Criminal CodeGovernment Orders

April 13th, 2021 / 11 a.m.

Conservative

Shannon Stubbs Conservative Lakeland, AB

Madam Speaker, I will split my time with the member for Battle River—Crowfoot.

Conservatives are the party of law and order that ardently stands with victims of crime and their loved ones, and that applies common sense and outcomes-based principles to protect innocent Canadians from violent criminals who would harm others. Conservatives also take a practical approach and acknowledge that, of course, many offenders will be released back into society. There is a real need to prepare those offenders for release so they do not fall back into a life of crime, as seen in the good work of the member for Tobique—Mactaquac in his Bill C-228, which aims to set a federal framework to reduce recidivism.

However, Canadians also do not want the justice system to be a constantly revolving door. Common sense must prevail for the common good. Canadians, victims of crime and their families deserve to live freely without fear in Canadian society. When violent criminals seek to take that away or revictimize them, the government has a role in ensuring the laws and systems in place are designed to prevent it. The only thing worse than a government that fails in this duty is a government that actually promotes conditions that will ultimately lead to, or frankly guarantee, that violent criminals will strike again.

Bill C-22 gives great consideration to the relief of criminals and offenders, but it is missing any substantive policy or action to care for, protect, or prevent victims of violent crime in Canada. In fact, Bill C-22 would reduce the penalties for many violent crimes, some of which disproportionately affect the most vulnerable in Canada.

The first thing Bill C-22 does is build on the Liberals' “guns for gangs only” bill, Bill C-21, which targets law-abiding licensed firearms owners, retailers and even hobbyists who play airsoft and paintball. What is missing from Bill C-21 is a strategy to deal with the root cause of shooting deaths in Canada cities, criminal gangs with illegally smuggled guns.

In fact, Bill C-21 does nothing to protect public safety or victims from violent gun crime and criminal gangs. It lays a heavy hand on law-abiding Canadians who already follow the rules, but takes a hands-off approach to the very criminals and gangs who should obviously be the targets of public safety policy.

Bill C-22 takes the hands-off approach even further. It reduces jail time for violent firearms offences and will not stop the flow of illegal firearms into criminal gangs in Canada. In Bill C-22, the Liberals are telling Canadians these offences are no big deal by reducing penalties for: weapons trafficking, possession for the purpose of weapons trafficking, importing or exporting a firearm knowing it is unauthorized, possession of a firearm knowing its possession is unauthorized, possession of a prohibited or restricted firearm with ammunition, possession of a weapon obtained by commission of an offence using firearms in the commission of offences, robbery with a firearm and extortion with a firearm. We should all think about how each of these offences ties into actual violent crime and deaths in Canada.

That is not all. Bill C-22 would also reduce penalties for discharging firearms where it is unsafe to do so, say, for example, in the streets of Toronto, and for discharging firearms with intent, such as in a drive-by shooting, like the one in Montreal two months ago that tragically and horribly killed 15-year-old Meriem Boundaoui.

In fact, Montreal police inspector David Bertrand says his city had a 10% rise in gun crimes between 2019 and 2020, despite the Liberal firearm ban at the time. He says that this is due to the “trivialization” of gun use by criminals and that criminals are “using more guns when committing infractions”.

Bill C-22 plays right into the wrong hands. If the Liberals listened to experts, they would know not to trivialize crimes for which consequences need to be strengthened in order to keep Canadians safe from criminals with guns.

It seems Conservatives are the only ones listening to experts on gun crimes, but we cannot take all the credit for tough sentences for these crimes. Most of the above examples are long-standing and were introduced under previous Liberal governments, so sentences for using firearms in the commission—

Criminal CodeGovernment Orders

April 13th, 2021 / 11:05 a.m.

The Assistant Deputy Speaker Carol Hughes

I am sorry, but I have a point of order.

The hon. member for Kingston and the Islands.

Criminal CodeGovernment Orders

April 13th, 2021 / 11:05 a.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, I rise on a point of order. This particular piece of legislation, Bill C-22, is with respect to the Criminal Code as it relates to controlled substances. The member has spent her entire speech talking about gun control.

I am not trying to be obstructionist. I really think she might be speaking to the wrong bill. The content is certainly not relevant—

Criminal CodeGovernment Orders

April 13th, 2021 / 11:05 a.m.

The Assistant Deputy Speaker Carol Hughes

I appreciate the hon. member raising a point of order. However, as I am sure he is well aware, there is some flexibility within debate on specific bills. I do want to remind the member that she needs to keep her speech relevant to the subject matter at hand, which is Bill C-22.

I would ask the hon. member for Kingston and the Islands to ensure that he stops his debate in the House while I have the floor or when anybody else has the floor.

The hon. member for Lakeland.

Criminal CodeGovernment Orders

April 13th, 2021 / 11:05 a.m.

Conservative

Shannon Stubbs Conservative Lakeland, AB

Madam Speaker, Bill C-22 would reduce penalties for all those crimes with firearms, except the member gave me a perfect segue. With Bill C-22, the Liberals would also soften consequences for other violent crimes, like prison breaches, criminal harassment, motor vehicle theft, theft over $5,000, breaking and entering a place other than a dwelling house, being unlawfully in a dwelling house, arson for a fraudulent purpose, causing bodily harm by criminal negligence, assault causing bodily harm or with a weapon, assaulting a peace officer causing bodily harm or with a weapon.

To summarize, under Bill C-22, someone could break out of prison, steal a car to escape, break into several businesses, steal massive amounts of goods and cash, break into a home, assault the occupants with a weapon and then attack a police officer with a weapon. Apparently, according to the Liberal government, that is all worthy of a slap on the wrist and definitely no baseline consequence set by elected representatives.

In Canada, during the first six months of last year, there were 17,602 opioid deaths. That is 24 people per day, and a 54% increase over the same period of the previous year. Opioid deaths jumped nearly 60% last year in Ontario. In Alberta, 2020 was the deadliest year on record for overdoses.

Dr. Jennifer Jackson, an associate professor at the U of C's nursing program, says, “From the data we have available, more people are dying in Alberta from opioids than they are from COVID.”

As the opioid and overdose crisis grows, Canadians will be concerned to know that Bill C-22 would reduce consequences for drug trafficking; possession for the purpose of trafficking; importing, exporting or producing hard drugs such as heroin, cocaine and crystal meth, with increasingly deadly fentanyl.

The Liberals talk about how this would help those suffering with addiction, but the reality is that the police already have the tools and discretion to take alternative approaches with addicts other than only criminal charges and there are no mandatory minimum sentences for simple possession.

The truth is that the Liberals are not helping the vulnerable or acting with compassion in this measure in Bill C-22. Instead, they are enabling and enlightening the consequences for the very criminals who prey on people struggling with addictions during an unprecedented national overdose crisis.

One of the most galling aspects of Bill C-22 would be creating situations for offenders to revictimize by allowing those who commit violent crimes against women to return home instead of facing jail time. The sentences for these heinous criminal acts could be completed in the very places they occurred, next to the very people they victimized.

Incredibly, in Bill C-22, the Liberals aim to allow house arrests for kidnapping, abduction of a person under 14, sexual assault and human trafficking. The Liberal Bill C-22 says that criminals who kidnap, rape and enslave or trade human beings for sex should be at home in their own beds in our neighbourhoods instead of behind bars. It has not even been two full months since this House designated February 22 as National Human Trafficking Day.

StatsCan says that about 4.7 million Canadian women, 30% of all women in Canada, 15 years of age and older, have been victims of sexual assault at least once and 55% of women who identify as being in an indigenous group have experienced violence since the age of 15. The justice department says that in 86% of sexual assaults, the victim knows the accused; 41% were assaulted by an acquaintance; 28% by a family member; 10% by a friend; and 20% were victimized by a stranger. It is unjust and unconscionable that the government would enable convicted abusers to be sent to the places where they are most likely to have easy access to 86% of their victims, and even living under the same roof.

Human trafficking in Canada must end. There is not a single MP who disagrees. It is also true that human trafficking victims should not be at risk of being exposed to further heinous acts by the action of the government. Human trafficking victims and witnesses are often reluctant to come forward due to feelings of shame and mistrust of authorities. Certainly, Bill C-22 would do nothing to instill confidence in the system for victims or their loved ones.

StatsCan says that 1,400 human trafficking victims were reported by Canadian police over a 10-year period. Half involved other offences related to sexual services, physical assaults, sexual assaults or other sexual offences where Bill C-22 would reduce penalties. It is a fact that 97% of human trafficking victims are women and girls, half between the ages of 18 and 24, a third of them minors below the age of 18.

Several hundred kids in Canada are victims of this unimaginable evil and 92% of the victims know their abusers. Therefore, where do children go to escape when their abusers are put right back in the same place they found them? Violent crime victims already do not necessarily get notified when their abusers re-enter neighbourhoods. Bill C-22 would make it incumbent on the victims to uproot their lives to protect their personal safety. It says to victims that through some fault of their own, the burden now rests with them. One of the hallmarks of abusers is a shifting of responsibility and blame to victims, something that Bill C-22 does repeatedly.

Twice this year on February 18 and March 19, in written statements, the public safety minister said:

We are working together to build a safer and more resilient Canada, where all people are protected from human trafficking and its harms.

His department says that there were over 107,000 victims of police reported intimate partner violence in Canada in 2019; 80% were women.

How can the minister say that he is protecting Canadians from human trafficking and days later bring in a bill that would reduce the penalties for it and many of the other crimes abusers inflict on their victims? It is heartbreaking and it is infuriating.

On International Women's Day, the Prime Minister talked about reaffirming gender equality so all women and girls could contribute to their full potential and be in a better, safe and more inclusive world. However, Kelly Franklin, the founder of Ontario-based Courage for Freedom says that predators are hiding in plain sight and that victims are younger and younger. She says that every 30 seconds another person becomes a victim of human trafficking.

The lives of women and girls are being stolen away more and more, but the Liberal plan is to go softer and easier on criminals that specifically target them.

Let us all vote against Bill C-22, because it is the right thing to do.

Criminal CodeGovernment Orders

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

Outremont Québec

Liberal

Rachel Bendayan LiberalParliamentary Secretary to the Minister of Small Business

Madam Speaker, my colleague's speech touched mostly on gun control. I would argue that taking assault rifles off our streets will absolutely help to reduce gun violence.

However, on the subject of Bill C-22, it is important to note that the Conservatives put forward legislation for mandatory minimums and we did not see a reduction in the amount of violence in Canada.

By eliminating mandatory minimums, this bill proposes to put the power in the hands of our judicial system and our judges to determine the best sentence possible in the circumstances. We know that mandatory minimums disproportionately affect indigenous and Black offenders, and they do not work.

What is the member's position on mandatory minimums?

Criminal CodeGovernment Orders

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

Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Madam Speaker, I rise on a point of order. Once again, we see the member without a headset. We all know that translation in the House of Commons is very tough. Clearly, the member does not have a headset today. How do you allow a question without a headset?

Criminal CodeGovernment Orders

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

The Assistant Deputy Speaker 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 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.

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

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.

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

The Assistant Deputy Speaker 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.

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.

The Assistant Deputy Speaker Carol Hughes

There are many others who want to ask questions.

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