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

[Lianne Rood, Conservative, Lambton—Kent—Middlesex, ON]

Madam Speaker, today I rise to talk about how the Liberal Party has turned its back on law-abiding firearms owners, while it has given gangs and criminals the green light to continue terrorizing our streets with little worry of any consequences.

Bill C-21 is nothing more than the government's overreach, an attempt by the Liberals to push forward their flawed ideology on firearms ownership. Nobody believes that going after hunters, farmers and sport shooters or legitimate hunting rifles would reduce violent crime in this country. Hunting and farming have been part of the fabric of this country since it was formed. Canadians, especially rural Canadians, enjoy their way of life peacefully and lawfully.

I am an RPAL holder. As a farmer, I understand too well the challenges that are faced by rural Canadians. I have been on the land at night, by myself, and I am vulnerable to any wildlife that may be prowling around in the dark. Being stalked by an animal is real. It is necessary to have a firearm for protection. It is one of the tools that farmers use.

Last November, the Liberals' eleventh-hour amendments to Bill C-21 showed how out of touch they are. Hunters, firearms owners and indigenous Canadians all said in unison that Bill C-21 is an overreach. That sent the Minister of Public Safety into hiding.

Here we are, six months later, with an updated bill. There is no update; it is the same bill with different packaging. Hunting rifles are safe today, but the new Liberal firearms advisory panel could decide that hunting rifles should be banned. Instead of allowing for debate, the Liberal-NDP coalition voted to limit time on this debate and to push this bill through. Sport shooters, hunters and indigenous Canadians are very concerned about the passing of this bill.

How do criminals feel about the bill? In early February, the Liberals voted against, and defeated, Bill C-283, a Conservative private member's bill, which would have imposed tougher sentences for criminals caught smuggling or found in possession of illegal guns.

On February 18, 2021, the government introduced Bill C-22, which would actually reduce the sentence for illegal gun smugglers and remove mandatory minimum sentences for a list of serious offences. These crimes are exactly what the government claims it wants to stop, yet it continues to vote down legislation that would do just that.

Does this sound like a government that is serious about tackling gun crime? Instead of getting tough on gun crime and gun smuggling, the Prime Minister let Canadians know that he is in fact targeting hunters, collectors and sport shooters and their firearms. In a recent CTV interview, he said, “Our focus now is on saying okay, there are some guns, yes, that we're going to have to take away from people who were using them to hunt”.

Hunters, indigenous Canadians, sport shooters and academics see through this Trojan horse bill. I could easily quote from dozens of stakeholders on how useless this bill would be in tackling gun crime, but I will quote one that encompasses my view and the sentiment of my party. Mark Ryckman from the Ontario Federation of Anglers and Hunters said the following:

Firearms are not the disease, particularly in a nation like Canada with robust gun laws. Gun violence is often symptomatic of much bigger societal issues. Taking firearms away from law-abiding Canadians will not reduce the upstream issues that fuel criminal activity and demand for illicit firearms. Therefore, model-based firearm prohibitions will continue to fail as they won’t be able to have a detectable impact on reducing gun violence or enhancing public safety.

Both Canadians and Conservatives see this bill as ineffective. It should not pass, but if it does, Conservatives will repeal this bill once we form government.

It is interesting to note how the NDP is willing to sacrifice rural communities for this flawed bill. The rural NDP MPs all know Grandpa Joe and once spoke on his behalf. The Liberals have succeeded in muzzling the NDP on ideological grounds. The law-abiding hunters, indigenous Canadians and sport shooters in NDP ridings should remember how their voices were silenced by their NDP representatives.

Conservatives would not confiscate their firearms. We know they are not the problem. We will be voting against Bill C-21. We see through the Liberal plan to distract and divide, and we are glad that they do too.

Let us talk about those illegally obtained guns and start with the obvious. Criminals do not buy their guns at a store, and they do not register them. The public safety minister's own statistics prove that 70% of guns used in crime in Canada over the last 10 years were illegally smuggled across the border.

That is why Conservatives believe that the government should invest in police anti-gang and gun units. The Canada Border Services Agency should provide law enforcement with the resources it needs to stop illegal smuggling operations. The minister says that there is more money going to border security, but we see little difference being made. Illegal guns are still coming in.

Frontline officers, investigators and those doing the gritty work of securing our borders and streets are fighting an uphill battle. Surely, funding would be used to employ more staff in that department.

In 2015, when the Liberals took power, we had just under 8,400 frontline workers. In eight years, under the current government, only 25 more have been added. What has grown? The number of middle managers has grown. In 2015, there were 2,000 managerial staff. Today, there are 4,000. One should not misinterpret my words as a critique of middle management; I really appreciate all the work our public servants do for our country and to keep us safe, but when dealing with border security, our frontline staff should be the main priority.

Bill C-21 includes two changes to the Criminal Code that directly impact airsoft. In my riding of Lambton—Kent—Middlesex, there are a lot of people who are involved in airsoft. The first change is to the definition of “replica” in subsection 84(1) of the Criminal Code, which encompasses more than 95% of airsoft blasters. The ambiguity of the bill could increase it to all airsoft. Many pellet guns, realistic paintball markers and even toy guns are being banned.

The economic impact of treating airsoft like firearms is a big one. The airsoft industry contributes $220 million to the Canadian economy. In large portion, these businesses are owned by immigrants and visible minorities. Many airsoft- and paintball-loving constituents in Lambton—Kent—Middlesex, along with 60,000 other Canadians, risk losing their beloved hobby. The lack of common sense that the Liberals are showing is insane. How can they make a connection between gun crime, airsoft and pellet guns? If this bill does not scream overreach, then I do not know what does.

When asked why the government is not getting tougher on criminals, the Liberals' default is to say that they implemented a prohibition on “military-style” assault rifles. We know that they mean hunting rifles. First, the term “military-style” assault rifle is of course invented, with no legal definition, but it does sound scary. The reality is that fully automatic weapons have been banned in Canada for years. Therefore, when people talk about AK-47s, they have been banned since the 1970s in Canada. As I have said from the start, these and other weapons like them were never registered. Nobody can own one. They are illegally obtained and will continue to be unless the current government strengthens the sieve that is our border.

There are 230,000 Canadians who have signed a petition saying they do not agree with the government's legislation, and I join them in their opposition. In the last federal election, Conservatives were clear that we would get tough on gangs by giving law enforcement the tools it needs to keep Canadians and our streets safe, cracking down on illegal gun smuggling, and repealing Bill C-71 once and for all.

A Conservative government would also restore mandatory prison times for criminals who use a firearm in the commission of a crime and significantly increase funding and coordination for border security to crack down on illegal firearms smuggling. We would review existing firearms legislation to ensure it focuses strictly on dealing with criminals rather than making life more difficult for law-abiding firearms owners, and we would restore mandatory minimum sentences to keep violent gang members off the street and focus on gangs and criminals by ending automatic bail, revoking parole for gang members, and having new and tougher sentences for the ordering of or involvement in a gang crime.

Bill C-21 does not address the major cause of gun crime in Canada. All MPs really owe it to the victims of violent crime in Canada, past, present and future, to get serious about gun smuggling, gangs and criminals.

A closure motion and one day of debate is all we were afforded to speak to Bill C-21. Canadians have been clear that this bill does not address gun crime, yet the Liberals continue to keep their heads in the sand. My constituents are common-sense people, like many others in this country. Bill C-21 is another proof that the Liberals have lost the plot and are more interested in pushing their own ideology than listening to law-abiding Canadians.

I cannot support this bill.

Judges Act

[Rob Moore, Conservative, Fundy Royal, NB]

Madam Speaker, as we approach the final sitting days of the House before it rises, this is likely my last opportunity to speak before we all return to our ridings for the summer months. In light of this, I would like to start off my remarks today by acknowledging the great people of my riding of Fundy Royal, whom I am honoured to represent here in this 44th Parliament.

On the topic at hand, we are here today to discuss Bill C-9, an act to amend the Judges Act. I will begin by going over a bit of a summary of the bill.

The legislation would amend the Judges Act to replace the process through which the conduct of federally appointed judges is reviewed by the Canadian Judicial Council. It would establish a new process for reviewing allegations of misconduct that are not serious enough to warrant a judge’s removal from office and would make changes to the process by which recommendations regarding removal from office can be made to the Minister of Justice. As with the provisions it replaces, this new process would also apply to persons, other than judges, who are appointed under an act of Parliament to hold office during good behaviour.

In short, the objective of the legislation is to update the Judges Act to strengthen the judicial complaints process. The existing process was established in 1971, so it is due for a refresh. We can all agree that strengthening and increasing confidence in the judicial system, and taking action to better respond to complaints that it may receive from Canadians, are good things. Canadians are really depending on this Parliament to strengthen our judicial system.

As it stands, the judicial system in Canada has been weakened by COVID delays and a lack of resources for victims in particular, like, as I have mentioned, the vacant victims ombudsman position. There really is no excuse today for that when we see so many stories ripped from the headlines that impact Canadian victims. We also see legislation like the bill the parliamentary secretary just mentioned, Bill C-5. The victims we have talked to, whom we have seen and heard from at committee, are concerned about that bill and its predecessor bill, Bill C-22. The victims ombudsman had a lot to say about it.

I would love the benefit of hearing from a victims ombudsman, except we do not have one. We were supposed to have that position filled back in October, so for many, many months it has been vacant. That is completely unacceptable, not only for victims and their families but also for all Canadians. I should note that when the position of the federal ombudsman for federal offenders in our federal prison system became vacant, it was filled the next day. We can see where the government's priorities are.

Bill C-9 was originally introduced in the Senate as Bill S-5 on May 25, 2021. The previous version of the bill did not complete second reading. We heard commentary across the way about delays, with some asking why we are talking about delays. Why was that bill not passed? Well, the Prime Minister called his snap pandemic election in August 2021. That is what happened with that version of the bill.

The bill was reintroduced in the Senate last year as Bill S-3, but the government had an apparent change of heart, dropping Bill S-3 from the Senate Order Paper in December of 2021 and introducing that bill in the House of Commons as Bill C-9. That is where it has languished for months until today, just days before we go into our summer recess.

The bill would modify the existing judicial review process by establishing a process for complaints serious enough to warrant removal from office, and another process for offences that would warrant sanctions other than removal, such as counselling, continuing education and reprimands. Currently, if misconduct is less serious, a single member of the Canadian Judicial Council who conducts the initial review may negotiate with a judge for an appropriate remedy.

It may be helpful at this point to provide a bit of background on the Canadian Judicial Council, what it does and who its members are.

Established by Parliament in 1971, the Canadian Judicial Council is mandated to “promote the efficiency, uniformity, and to improve the quality of judicial services in all superior courts in Canada.” Through this mandate, the Canadian Judicial Council presides over the judicial complaints process.

The Canadian Judicial Council is made up of 41 members and is led by the current Chief Justice of the Supreme Court of Canada, the Right Hon. Richard Wagner, who is chairperson of the council. The membership is made up of chief justices and associate chief justices of the Canadian provincial and federal superior courts. The goal of the members is to improve consistency in the administration of justice before the courts and the quality of services in Canada's superior courts.

Returning back to the bill itself, the reasons a judge could be removed from office are laid out. These include infirmity, misconduct, failure in the due execution of judicial office and “the judge [being] in a position that a reasonable, fair-minded and informed observer would consider to be incompatible with the due execution of judicial office.” A screening officer can dismiss complaints should they seem frivolous or improper, rather than referring to them to the review panel. A complaint that alleges sexual harassment or discrimination may not be dismissed. The full screening criteria will be published by the Canadian Judicial Council.

The minister or Attorney General may themselves request the Canadian Judicial Council establish a full hearing panel to determine whether the removal from the office of a superior court judge is justified. The Canadian Judicial Council is to submit a report within three months after the end of each calendar year with respect to the number of complaints received and the actions taken. The intention of this bill, as stated by the government, is to streamline the process for more serious complaints for which removal from the bench could be an outcome.

As I mentioned earlier, these amendments would also address the current shortcomings of the process by imposing mandatory sanctions on a judge when a complaint of misconduct is found to be justified but not to be serious enough to warrant removal from office. Again, such sanctions could include counselling, continuing education and reprimands. In the name of transparency, this legislation would require that the Canadian Judicial Council include the number of complaints received and how they were resolved in its annual public report.

To clarify, the Canadian Judicial Council’s process applies only to federally appointed judges, which are the judges of the Supreme Court of Canada and the federal courts, the provincial and territorial superior trial courts and the provincial and territorial courts of appeal. The provinces and territories are responsible for reviewing the conduct of the judges at the provincial-territorial trial court level, who are also provincially appointed.

Since its inception in 1971, the Canadian Judicial Council has completed inquiries into eight complaints considered serious enough that they could warrant a judge's removal from the bench. Four of them, in fact, did result in recommendations for removal. A ninth inquiry is under way, but has faced delays due to public health restrictions imposed by the Province of Quebec, such as curfew and indoor capacity limits.

Under the proposed new process laid out in Bill C-9, the Canadian Judicial Council would continue to preside over the judicial complaints process, which would start with a three-person review panel deciding to either investigate a complaint of misconduct or, if the complaint is serious enough that it might warrant removal from the bench, refer it to a separate five-person hearing panel. If appropriate, a three-person review panel made up of a Canadian Judicial Council member, a judge and a layperson could impose such sanctions as public apologies or courses of continuing education. If warranted, a five-person hearing panel made up of two Canadian Judicial Council members, a judge, a lawyer and a layperson could, after holding a public hearing, recommend removal from the bench to the Minister of Justice.

Judges who face removal from the bench would have access to an appeal panel made up of three Canadian Judicial Council members and two judges and finally to the Supreme Court of Canada, should the court agree to hear the appeal.

I know that sounded very convoluted and lengthy, but believe it or not, this would actually streamline the current process for court review of council decisions, which currently involves judicial review by two additional levels of court, those being the Federal Court and the Federal Court of Appeal, before a judge can ask the Supreme Court to hear the case.

The amendments would provide for a funding mechanism for the new process. The financial impact of the review process has been raised by a number of stakeholders. I want to encourage the Liberal government to take its fiscal responsibility to taxpayers into consideration with all government policies, but this bill is as good a start as any.

I would like to take a moment to point out that we have the former leader of the Conservative Party to thank for paving the way to having this bill before the House of Commons today. The Hon. Rona Ambrose introduced her private member's bill, Bill C-337, in 2017. This legislation would require the Canadian judiciary to produce a report every year that detailed how many judges had completed training in sexual assault law and how many cases were heard by judges who had not been trained, as well as a description of the courses that were taken. It would also require any lawyer applying for a position in the judiciary to have first completed sexual assault case training and education. Last, it would result in a greater number of written decisions from judges presiding over sexual assault trials, thus providing improved transparency for Canadians seeking justice.

The original premise of Bill C-337 was in response to a complaint about the behaviour a federal judge who was presiding over a case of sexual assault in 2014. The Canadian Judicial Council of which we speak today launched an investigation into the behaviour of that judge. Ultimately, in March 2017, the Canadian Judicial Council sent a letter to the federal Minister of Justice recommending that this judge be removed from the bench, and the minister accepted the recommendation.

The bill before us today works to expedite and facilitate the complaints process so that extreme cases like the one I just referenced can be fully and properly reviewed without causing too much disruption in terms of time, costs and delays in processing smaller but still important complaints.

Earlier this year, the Standing Committee on Justice and Human Rights received correspondence from the Canadian Bar Association stating its support for the legislation as written in Bill C-9. In part, its letter reads as follows:

The CBA commented on the state of the judicial discipline process in its 2014 submission to the Canadian Judicial Council (CJC). On the subject of judicial discipline proceedings, our 16 recommendations were to ensure that the objectives of balancing the independence of the judiciary and the public’s confidence in the administration of justice were respected in the process. The CJC and Justice Canada responded with its own reports, which culminated in the present amendments to the Judges Act proposed by the Minister of Justice.

The letter from the Canadian Bar Association goes on to say:

In the view of the CBA Subcommittee, Bill C-9 strikes a fair balance between the right to procedural fairness and public confidence in the integrity of the justice system with the discipline of judges who form the core of that system. The proposed amendments enhance the accountability of judges, builds transparency, and creates cost-efficiencies in the process for handling complaints against members of the Bench.

I would like to pause here briefly just to say that at a moment like this, looking at a bill like this, it seems to me that it would be a very good time to have a federal ombudsman for victims of crime to hear the perspective on how the judicial complaints process is or is not currently working and how this bill would or would not be able to meet those challenges or rectify those concerns.

In testimony given to the justice committee on June 3, 2021, the federal ombudsman for victims of crime at that time raised what she described as a “most critical” issue, which was the legal recourse or remedy that victims have if their rights are violated.

She stated:

Currently, victims do not have a way to enforce the rights given to them in law; they only have a right to make a complaint to various agencies. This means that victims have to rely on the goodwill of criminal justice officials and corrections officials to give effect to or implement their statutory rights under the bill. This means victims count on police, Crown prosecutors, courts, review boards, corrections officials and parole boards to deliver, uphold and respect their rights.

But my office continues to receive complaints from victims that are common across all jurisdictions in Canada. Victims report to us that they are not consistently provided information about their rights or how to exercise them, they feel overlooked in all of the processes, and they have no recourse when officials don't respect their rights.

While the bill we are discussing today is, as I said earlier, a step in the right direction, there is certainly more work that needs to be done to make sure our justice system in Canada works for everyone who comes into contact with it, and I will add especially victims. One way this can be achieved is by immediately filling the position of federal ombudsman for victims of crime, which has now been vacant for nine months. There is absolutely no excuse for this position to have remained vacant for nine months when other positions are filled immediately, including, as I mentioned earlier, the position of ombudsman for those who are in our federal prisons.

By contrast, as I was mentioning, when the offenders ombudsman position became vacant, the Liberal government filled it the very next day, as it should have been. It should be filled right away, but so should the position of the ombudsman for victims of crime.

In 2021, the Canadian Judicial Council published “Ethical Principles for Judges”. I would like to reference excerpts from this publication to add some context into the role and duty of the judiciary.

They read as follows:

An independent and impartial judiciary is the right of all and constitutes a fundamental pillar of democratic governance, the rule of law and justice in Canada....

Today, judges’ work includes case management, settlement conferences, judicial mediation, and frequent interaction with self-represented litigants. These responsibilities invite further consideration with respect to ethical guidance. In the same manner, the digital age, the phenomenon of social media, the importance of professional development for judges and the transition to post-judicial roles all raise ethical issues that were not fully considered twenty years ago. Judges are expected to be alert to the history, experience and circumstances of Canada’s Indigenous peoples, and to the diversity of cultures and communities that make up this country. In this spirit, the judiciary is now more actively involved with the wider public, both to enhance public confidence and to expand its own knowledge of the diversity of human experiences in Canada today.

As was just referenced, social context and society overall change over time, and critical institutions like the justice system must grow to reflect these changes. Much of the time, this simply requires education on emerging issues or a more updated perspective on older issues.

In order to grow, there is a crucial partnership that must be respected between the judiciary and Parliament. While the Parliament and the courts are separate entities, there is a back-and-forth conversation between the two that is essential to our democracy and our judiciary. We have recently seen examples in which that conversation, unfortunately, was desperately lacking. On Friday, May 27, of this year, the Supreme Court of Canada struck down the punishment of life without parole in cases concerning mass murderers.

When confronted on the impact of the Supreme Court’s ruling, the Liberal government is determined to stick to their talking points by telling Parliament and concerned Canadians that we should not worry about mass killers actually receiving parole, because that possible outcome is extremely rare. What that actually means is that this government is comfortable putting these families through a revictimizing, retraumatizing parole process, even though, at the end of the day, it is essentially all for show because, according to the government, we just need to trust that a mass killer will not receive parole anyway.

In the Supreme Court of Canada’s ruling, the decision stated, “A life sentence without a realistic possibility of parole presupposes the offender is beyond redemption and cannot be rehabilitated. This is degrading in nature and incompatible with human dignity. It amounts to cruel and unusual punishment.”

What the court is saying here is that keeping mass killers behind bars for the number of years that a judge has already decided would adequately reflect the gravity of their crimes amounts to “cruel and unusual punishment”. Personally, I and many others feel and believe that having the victims' families endure a parole hearing every two years for the rest of their lives is the real cruel and unusual punishment, and the federal government has a duty and a responsibility to respond to the court’s decision, something that it has not done and has shown no inclination to do.

Essentially, the Supreme Court also ruled on May 13 that one can drink one’s way out of a serious crime. We have called on the government to respond to that as well, and we look forward to debate on the response that needs to be coming. Just because the Supreme Court has made these rulings does not mean that this is the end of the road. What it means is that there is a discussion and a dialogue that has to take place, and now the ball is in our court. It is for us to deal with these decisions in Parliament. The Liberals can now create legislation that responds to the Supreme Court’s decisions, and this legislation can be used to make sure that victims, survivors and their families can live in a country where they are equally protected and respected by our justice system.

Bill C-9, an act to amend the Judges Act, is a step in the right direction. I will note that there is much, much more to be done to make sure that the justice system is fair and balanced for all.

Criminal Code

[Gerald Soroka, Conservative, Yellowhead, AB]

Madam Speaker, I will be splitting my time today with the member for Dufferin—Caledon.

I am pleased to rise in the House today to speak to Bill C-5, an act that would amend the Criminal Code and the Controlled Drugs and Substances Act. It is a bill being spun by the NDP-Liberal government as beneficial to Canadians, but it is far from it. This bill focuses on eliminating mandatory minimum sentencing for heinous offences. Thus, in a true NDP-Liberal fashion, it is prioritizing petty politics and the interests of offenders over the safety and security of the vulnerable and innocent in our communities.

Even after repackaging what was once Bill C-22 from the last Parliament, the government claims that Bill C-5 focuses on the fair treatment of offenders and some demographics' overrepresentation in our correctional facilities.

Upon closer inspection, the bill proves not only that the government will do anything to remain in power but also that it will also completely disregard the safety and security of Canadians in the meantime. The approach proposed by Bill C-5 is critically faulty and appalling. Quite frankly, it is a slap in the face for Canadians who have placed their trust and faith in the government to do what is right and advocate for common sense solutions to protect vulnerable Canadians’ sovereignty and security.

This bill suggests some highly concerning amendments to both the Controlled Drugs and Substances Act and the Criminal Code of Canada by removing mandatory minimum sentencing not only for offences relating to the consumption and distribution of illicit drugs and substances but also for offences involving firearms.

It does not stop there. Apart from pushing to loosen gun restrictions in Canada, the government is also advocating for the availability of conditional sentences such as house arrest on heinous crimes, which would substantially put lives at risk. These crimes include but are not limited to attempted murder, torture as inflicted on another person, advocating for genocide, sexual assault, kidnapping and abduction of a person under the age of 14, human trafficking for material benefit, and firearms smuggling.

What I just listed are just some of several offences that could qualify for conditional sentencing, such as house arrest, if mandatory minimum sentencing is lifted under Bill C-5. The government seems to heavily rely on the theme of protecting the offenders and punishing Canadians, thus providing more opportunities for criminals to be emboldened to terrorize. They are now abetted by the government.

The NDP-Liberal government is turning a blind eye to illegally procured firearms by not cracking down on gang operations and activity. It is also sparing these criminals from incarceration at correctional facilities by removing mandatory minimum sentencing for serious offences, such as those involving firearms.

Furthermore, Bill C-5 would add to the Controlled Drugs and Substances Act by highlighting a series of principles peace officers and prosecutors should use when determining whether or not to lay charges for drug possession. Again, the government is failing to address its alleged aim to lessen overrepresentation of under-represented communities in our penitentiaries, because peace officers, law enforcement and prosecutors already have the authority and flexibility to decide whether or not to lay charges for simple possession of drugs or illicit substances.

A directive from the Public Prosecution Service of Canada was also previously issued to direct prosecutors to limit their involvement in the prosecution of simple drug possession unless there were proven and immediate public safety concerns. Conservatives argue that offenders involved in serious, violent crimes committed with firearms, including substantially horrific offences, deserve prison time and most definitely not to be tucked away in their individual homes with a slap on the wrist.

Furthermore, drug offenders should be presented with mandatory participation in Canadian drug treatment courts to end the cycle of crime and drugs, and to provide them with rehabilitative, therapeutic opportunities in lieu of premature reintegration into communities or being subjected to correctional facilities and the criminal justice system.

To date, this rehabilitation program is critically limited through strict eligibility criteria and non-mandatory participation. The government’s proposal to lift mandatory minimums is a performative stunt that does nothing to address the root of the drug and crime crisis in our country. I also find it questionable how the government insists on conditional sentencing for alleged low-risk offenders, as if our police officers have the time and resources to continually monitor these people serving their conditional sentences in their respective communities and ensure their compliance.

Contrary to what the NDP-Liberal government claims that this bill suggests, the elimination of offenders’ mandatory time in correctional facilities will not alleviate the overrepresentation of Black and indigenous communities in our penitentiaries, but will only offer more opportunities for criminals to infiltrate and prey on the vulnerable and innocent.

In addition, the government claims to state that it will be removing mandatory minimum penalties for simple possession, but how can the Liberals do that when mandatory minimums for simple possession do not exist? Instead of pushing Bill C-5, we Conservatives believe in establishing mandatory participation in support and rehabilitation centres for those struggling with addictions, reinforcing our borders to prevent firearms smuggling and abolishing conditional sentencing opportunities for crimes that threaten the safety and security of Canadians.

Why is the government weakening our gun laws, standing up for criminals, blatantly disregarding the grief and trauma experienced by victims and being lenient with the deterrence and punishment of offenders, instead of defending our communities? These actions only show that the NDP-Liberal government prioritizes the interests of offenders and is not serious about protecting the safety and security of Canadians.

With regard to drugs and illicit substances circulating in neighbourhoods, Conservatives believe that all mandatory minimum sentences should be sustained, not only as punitive damages for committing crimes outlined under the Criminal Code, but also to serve protection and justice for the vulnerable, the innocent and the victims of these abhorrent transgressions. How can the Liberals claim that they are doing what is best for Canadians when they are proposing to keep offenders under house arrest as opposed to having them placed in rehabilitation centres if their crimes were fuelled by substance abuse, or behind bars for serious transgressions?

The government claims that it would rescind mandatory minimum sentencing for simple possession, but it must be highlighted that our officers already have that discretion in place, offering offenders treatment programs or other support services as opposed to prison time.

Regardless, mandatory minimums for simple possession do not exist. It is simply time the government gave up the act of performative activism and actually invested in the rehabilitation of offenders and put the security of victims and the vulnerable first.

Considering the questionable tactics that the government has advocated for in the past, this is simply a missed opportunity to prove that the Liberals are here for Canadians, for survivors and the appropriate rehabilitation of offenders while protecting the security of our communities. It is time for the government to go back to the drawing board with Bill C-5 and sustain mandatory minimum penalties for the offences aforementioned and all others outlined under the bill.

In conclusion, I recommend that the government closely reconsider its advocacy for Bill C-5 and prioritize the safety and security of all Canadians through the close reconsideration of lifting mandatory minimum sentencing, the consumption and distribution of drugs and illegal substances, and mandatory minimum penalties for serious offences.

I now welcome questions from my colleagues.

[Cheryl Gallant, Conservative, Renfrew—Nipissing—Pembroke, ON]

Madam Speaker, Bill C-5 is legislation that seeks to reduce sentences for violent criminals. It is the same bill, unfortunately, that was introduced as Bill C-22 in the last Parliament before the Prime Minister called his completely unnecessary $630-million pandemic election.

For the second consecutive election, the Liberal Party received fewer votes than the Conservative Party. The voters did not give the Prime Minister a mandate to experiment with the criminal justice system or any other ideological experiment on how Canadians govern themselves. The evidence on how opportunistic the election was is the length of time it took for the government to recall Parliament to avoid democratic scrutiny of its failed policies. Parliamentary committees were only formed just before we were shut down for the Christmas season. So much for the sense of urgency in calling an election.

During the election, the Prime Minister and his party used vulnerable and marginalized Canadians, the same Canadians who they say suffer from systemic racism from a justice system they have been running for the last six and a half years, as a cover for the real objective of the bill, which is to pursue a Liberal ideological agenda of going soft on criminals. Canadians heard endless political rhetoric from the Liberals about how firearms pose a significant threat to public safety and the security of our communities.

As has been the Liberal practice in all eight elections I successfully ran in, the Prime Minister, on cue, attacked the one group that is statistically proven to be the most law-abiding, that being Canadians who own and responsibly use firearms. Within three and a half weeks of the House reconvening following the election, what did the Liberal Party do? It introduced legislation not to get tough on firearms offences, but to help criminals who illegally use firearms and put the lives of people at risk.

Bill C-5 will allow criminals to stay out of jail and in the community. It is only common sense, when the court system puts dangerous offenders back out on the street rather than putting them behind bars where they belong, that there is going to be a greater risk they are going to commit other offences. It is known that there is a high proportion of repeat offenders in Canada's criminal justice system and Bill C-5 will contribute to the perpetuating of the backlog in the courts.

There has been silence from the justice minister that Bill C-5 will lead to our justice system being overwhelmed by repeat offenders, basically exacerbating the situation in our trial system, which is already heavily backlogged with cases. This backlog led to the infamous Jordan decision. Canadians would be interested in hearing how Bill C-5 will increase the safety and security of individuals as applied to the Jordan decision.

The Prime Minister and his Liberal-socialist alliance want Canadians to believe that Bill C-5 is only about reducing minimum sentences for simple drug possession, but that is not so. Most Canadians would be alarmed to learn that this legislation is aimed at eliminating mandatory prison time for criminals who prey on our communities and victimize the vulnerable.

Bill C-5 puts the rights of criminals first and the rights of victims last. It endangers public safety, while doing nothing to help marginalized vulnerable Canadians. Bill C-5 proposes to eliminate mandatory prison time not for petty crimes, but for crimes like drug trafficking and acts of violence. It would even allow violent criminals to serve their sentences on house arrest and not in prison, putting communities at continued risk.

Let us now look at the elimination of mandatory prison time for firearm offences. In contrast to the Liberal election spin that demonizes lawful firearms owners to placate the anti-firearms lobby on it being so-called tough on gun violence, there is the complete hypocrisy of Bill C-5. It will eliminate mandatory minimum sentences related to gun crimes, including serious gun crimes, such as robbery with a firearm, extortion with a firearm, using a firearm in the commission of an offence, discharging a firearm with intent, which is Criminal Code language for shooting at someone, illegal possession of a prohibited or restricted firearm, importing an unauthorized firearm, discharging a firearm recklessly, and other firearms offences, such as weapons trafficking, importing or exporting knowing the firearm is unauthorized, possession of a prohibited or restricted firearm with ammunition, possession of a weapon obtained by the commission of an offence in Canada and possession for the purpose of weapons trafficking.

What Bill C-5 does, which is baked into every piece of legislation brought forward by the Liberal Party, is blame the victim. Conservatives believe that criminals should be held responsible for their actions. Victims should have just as many rights in our criminal justice system as criminals do.

Canadians know from the famous Kokanee grope incident comment about women perceiving things differently that the fake-feminist Prime Minister likes to blame the victim.

Violence against women continues to be fact of life in Canada. On average, one woman is killed by her intimate partner every five days. On September 22, 2015, Carol Culleton, Nathalie Warmerdam and Anastasia Kuzyk were murdered by someone known to each of them. The man finally convicted of their murders had a long criminal history, including charges involving two of the three women. Happening in my eastern Ontario riding during the middle of the 2015 federal election campaign, their violent death scarcely caused a ripple in the too cynical national media, leaving the families and the rural Ontario communities these women were members of to grieve in silence.

I can assure the Prime Minister that I have not forgotten what happened to these women. The system failed these women. Talk is cheap when I hear members of the government saying to scrap the progress our Conservative governments made in reforming the criminal justice system, but I invite the Minister of Justice to spend some time listening to the families of these murdered women. Changing our laws to blame the victims by giving the criminal a pat on the head is just plain wrong. Let us not allow Carol, Nathalie, Anastasia and all the other women who have been murdered by their intimate partners to have died in vain.

During this debate, Canadians have heard the Liberal Party confirm in their statements, while omitting the fact that they have been the government for the last six and a half years, that they have presided over a justice system plagued by systemic racism. The Criminal Code is supposed to apply equally to everyone in Canada, and if the government were actually serious about ending systemic racism, it would be tabling a plan to build the communities instead of resorting to blame-the-victim legislation.

An Ottawa publication has stated that Sam Goldstein, a criminal lawyer and former Crown attorney, has said that mandatory minimum sentences act as general deterrents to crime and has argued that if there are problems with marginalized communities, like social dislocation and poverty, fixing those makes more sense than adjusting criminal law. He said, "I don't like it when politicians try to interfere in criminal justice for their own social justice ends, because ultimately it doesn't serve people well." He expanded further, noting that moves toward support for therapeutic drug courts makes more sense than decriminalization.

Mandatory minimum sentences simply protect society at every level. They deter crime. They make society safer. They do not violate the Constitution. Remember, the Criminal Code is supposed to apply equally to everyone in Canada. Mandatory minimum sentences do not discriminate against those who are marginalized, and if they do intrude on judicial independence, it is to restrain activist judges who forget that their role is to uphold the law, not to rewrite it in every case.

Do not tinker with amendments to the law that will make people feel less safe in their own homes. The public has a right to feel safe, and that is no longer possible for Carol, Nathalie and Anastasia, whom our criminal justice system failed.

In closing, Bill C-5 puts the rights of criminals first and the rights of victims last. It endangers public safety while doing nothing to help marginalized and vulnerable Canadians. This bill needs to be defeated.

[Andy Fillmore, Liberal, Parliamentary Secretary to the Minister of Innovation]

Madam Speaker, I am very glad to rise today to speak on Bill C-5, an act to amend the Criminal Code and the Controlled Drugs and Substances Act.

Throughout the years, Canadians have witnessed the disproportionate representation of indigenous peoples, Black Canadians and members of marginalized communities in prisons across the country, including in my home province of Nova Scotia. Following the last federal election, our government promised to reintroduce the former bill, Bill C-22, during the first 100 days of our mandate, and that is exactly what the Minister of Justice and Attorney General of Canada did in December 2021. Bill C-5, as it is now known, supports our government's efforts to eliminate the systemic racism in Canada's criminal justice system that has been reported on for years by commissions of inquiry.

The main objective of Bill C-5 is to ensure public safety while at the same time ensuring that the responses to criminal conduct are fairer and more effective. Importantly, the bill would help reduce the overrepresentation of indigenous peoples, Black Canadians and marginalized communities in prisons from coast to coast to coast, which we heard the member for Vancouver Kingsway describe.

Bill C-5 would also ensure that courts across the country can continue to impose severe sentences for serious and violent crimes. Canadians all around the country desire a fair and competent criminal justice system. They want their provinces and their cities and their neighbourhoods to be and to feel safe at all times. They want to have faith in their justice system. They want to believe that offenders will be held responsible for their crimes in a transparent, fair and consistent way that upholds our country's ideals. As members of Parliament, we must listen to these concerns and then work hard to act on them, and act on them we have.

Bill C-5 includes three categories of reforms. The first would repeal mandatory minimum penalties for all drug offences, some firearm offences and one tobacco-related offence. Second, it would allow for a greater use of conditional sentence orders, or CSOs, and I will come back to those shortly. The third reform would require police and prosecutors to consider other measures for simple possession of drugs, such as diversion to addiction treatment programs.

Bill C-5 would repeal mandatory minimum penalties for certain offences that are associated with the overrepresentation of the groups I have mentioned.

The numbers do not lie. In 1999-2000, indigenous people represented 2% of the Canadian adult population but accounted for approximately 17% of admissions to federal custody. Since then, those numbers have moved in the wrong direction, and significantly so: Recent data suggests that indigenous Canadians now account for 5% of the Canadian adult population but 30% of federally incarcerated individuals. It is just not right.

Black Canadians represent 3% of the Canadian adult population but 7% of federally incarcerated individuals. They too are overrepresented in terms of federally incarcerated individuals.

Data from the Correctional Service of Canada for 2007 to 2017 revealed that 39% of Black people and 20% of indigenous people incarcerated in a federal institution during those years were there for offences carrying a mandatory minimum penalty. Again, 39% of Black people and 20% of indigenous people were there because of mandatory minimums.

Further, during the same years, the proportion of indigenous offenders admitted to federal custody for an offence punishable by mandatory minimum penalties almost doubled, rising from 14% to 26%. Bill C-5 would reverse that trend and, in so doing, seek to make the criminal justice system fairer and more equitable for all.

When the Minister of Justice visited my riding of Halifax, he met with members of the African Nova Scotian community, including members of the African Nova Scotian Justice Institute, who, among many things, are committed to fighting racism in the criminal justice system. This group has been advocating impact of race and cultural assessments, something that originated in Nova Scotia, and I want to thank people like Robert Wright for their hard work and Brandon Rolle, who appeared at the justice committee on this legislation, for helping move this idea forward.

Our government is funding impact of race and cultural assessments across Canada by investing $6.64 million over five years, followed by $1.6 million of annual ongoing funding.

Alongside the changes contained in the bill, these are the kinds of important investments needed to make our justice system fairer for all.

If mandatory minimum sentences are repealed, as provided for in Bill C-5, individuals may still be sentenced to harsh penalties. However, the courts will be able to consider the unique circumstances of each offence and determine the most appropriate sentence, rather than having their hands tied by mandatory minimum sentences, which, as we just heard, are filling up the jails with people who do not need to be there. This will help ensure that a person found guilty of an offence receives a sentence that is proportionate to their degree of responsibility and to the seriousness of the offence, while taking into account individualized factors.

Canada is not alone in recognizing that the increased and indiscriminate use of mandatory minimum penalties has proven to be a costly, ineffective and unfair approach to reducing crime, as others have also moved to reform. For instance, while the United States has historically made great use of MMPs, or mandatory minimum penalties, in the last decade many states, including Republican states, have moved toward reducing or eliminating mandatory sentences, with a particular focus on non-violent and drug-related charges.

The lead that the opposition followed in the Harper years from the Republicans in the United States has been proven not to work, and those Republicans are now changing their approach. Also, evidence shows that approaches other than imprisonment, such as community-based sanctions, reduce reoffending because they enable more effective reintegration into the community and reduce the stigma associated with criminal justice system involvement.

I do want to emphasize that those who commit serious crimes should face serious consequences. This is why, alongside Bill C-5, our government has brought forward Bill C-21, which will increase maximum penalties for firearms crimes. This would create the flexibility needed for our judges to impose appropriate sentences based on individual situations, and it is baffling to me that the Conservatives do not support it.

Bill C-5 would also increase the availability of conditional sentence orders, known as CSOs, without compromising public safety, so that sentencing courts could impose community-based sentences of less than two years when the offender does not pose a risk to public safety. A CSO is a sentence of incarceration of less than two years that is served in the community under strict conditions, such as curfew, house arrest, treatment and/or restrictions on possessing, owning or carrying a weapon.

The evidence is clear: Allowing offenders who do not pose a risk to public safety to serve their sentences under strict conditions in their community can be more effective at reducing future criminality. Offenders can keep a job, maintain ties with their families and maintain ties with their community. These are the measures that bring back flexibility of sentencing by allowing judges to help people, not just jail them.

For example, a judge can impose a CSO for an offender to serve their sentence at home and receive appropriate mental health and rehabilitation supports that we have heard again and again are so important to rehabilitation. This will increase access to alternatives to incarceration for low-risk offenders while also furthering the sentencing goals of denunciation and deterrence.

We have heard some claims from the other side that dangerous offenders will be able to get CSOs. That is simply not the case. CSOs will not be available for some offences prosecuted by way of indictment, including advocating genocide, torture, attempted murder, terrorism and criminal organization offences, for which the maximum term of imprisonment is 10 years or more. CSOs will only be available for sentences of under two years for offenders who do not pose a risk to public safety.

This is an important step in reorienting our criminal justice system so that it is both fairer and more effective, while ensuring public safety at the same time. All in all, Bill C-5 represents an important step in our government's efforts to eliminate systemic racism in Canadian society. This bill would also ensure that all Canadians have a safer and more equitable future.

The measures outlined in this bill go hand in hand with a slew of additional investments announced in the 2020 fall economic statement and the 2021 budget, which provide funding to promote co-operation on an indigenous justice strategy and engagement with indigenous communities and groups on creating legislation and activities that address systemic barriers in the criminal justice system.

Further, the government provides funding to community groups and programs that aid at-risk adolescents, give alternatives to criminal charges when possible, and help fight injustices in the judicial system that affect Black Canadians, indigenous peoples and other racialized communities.

I urge all of my colleagues in this chamber to support Bill C-5 to ensure a more equitable and fairer future for all Canadians. Regardless of their race, ethnicity or socio-economic backgrounds, Canadians from coast to coast deserve to feel safe and accepted in our society.

Justice

[Ziad Aboultaif, Conservative, Edmonton Manning, AB]

Madam Speaker, Bill C-5 is Bill C-22 from a previous Parliament. It died on the Order Paper when the government went to an election. If the Liberals were so serious about passing such a bill, they could have done it.

We believe in mandatory minimum sentences, strict monitoring for high-risk individuals, increased enforcement and prosecution of smuggling, safe storage provisions, firearms safety training, a certification system for all those wishing to acquire a firearm legally and putting more law-enforcement officers on our streets. Which one of these are the government and the hon. member against?

Criminal Code

[Gary Vidal, Conservative, Desnethé—Missinippi—Churchill River, SK]

Madam Speaker, when I spoke to the first iteration of this bill back in April 2021, I remarked at the time on how out of touch the Liberal government had become. If anyone from the new NDP-Liberal coalition actually took time to come and speak to mayors, chiefs and councillors, or the RCMP members in northern Saskatchewan, they would know that bills like this do far more to hurt communities than to help them.

When I speak to elected leaders, I constantly hear that there are violent offenders they do not want in their communities. In fact, they are searching for ways to keep them out. They wonder why these repeat offenders cannot remain in custody and why they are allowed to keep returning to victimize their communities. They are frustrated. They realize that when certain people are removed, they seem to have a time of peace and quiet. This bill would add to the frustration.

Bill C-5 would eliminate mandatory minimums for offences such as robbery with a firearm, extortion with a firearm, weapons trafficking, importing or exporting knowing a firearm is unauthorized, and discharging a firearm with intent. The list goes on. The Minister of Justice, just this afternoon, told us that he believes these are just minor offences. I do not believe these are minor offences.

Police officers, judges, prosecutors and many others in the communities already do everything they can for non-violent offenders to ensure they have every opportunity to stay out of prison. Sometimes the peace of mind that comes with mandatory minimums is essential to ensure our communities feel safe and are safe.

In northern Saskatchewan, there is a concerning trend of witness intimidation, as well as increasing recruitment of young people into gangs and the drug trade. Mandatory minimums assist the police and prosecutors to ensure the safety of witnesses. By keeping violent offenders off the street, greater opportunity is provided to engage in early intervention and prevent criminal gang recruitment.

March 17, just last week, Meadow Lake's RCMP Staff Sergeant Ryan How wrote an article in Saskatchewan Today. It reads:

From October 1, 2020, to March 15, 2021, Meadow Lake RCMP responded to 66 firearms complaints. In the same time frame in 2021 to 2022 RCMP have received 30 firearms complaints. Any level of gun violence is unacceptable and the Meadow Lake RCMP Detachment is unfortunately still busy dealing with violent occurrences, while at the same time noting that this reduction in gun calls is welcome progress.

A focused formal enforcement project led by North Battleford Provincial GIS was put in place in early 2021 to dismantle one of the gangs involved in the violence and has resulted in the following convictions....

He goes on to list the names, the offences they are charged with and the sentences of several violent gang members. It is shocking that the charges include one that is being proposed to no longer have minimum sentences under this bill. The Government of Canada ought to be supporting more initiatives like the one Staff Sergeant How talks about and supporting enforcement officers like him who are investing time and energy in building relationships in the communities they serve, rather than basing Criminal Code policy on political ideology.

I am neither an RCMP officer nor a crown prosecutor, like some of my colleagues, but when I hear from experts on the ground that getting rid of mandatory minimums like those proposed in Bill C-5 would put our communities in greater danger, I tend to believe them. We need to be equipping law enforcement to carry out their duties and keep our communities safe, not neutering their abilities to keep violent offenders off the streets.

One of the questions that keeps coming up around this bill is regarding judicial discretion. While I agree that judges should have some discretion when it comes to sentencing, this is also the role of Parliament. Parliament, in the past, has assigned not only maximum sentences, which impact judges' 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.

We are the ones who decide, through the Criminal Code, what is a criminal act, and we set out the parameters for sentencing. That is part of our job, and it is not partisan.

Many of the minimums being eliminated by this Liberal government were in fact introduced by previous Liberal governments. This is about ensuring there is an appropriate sentence for someone who commits a very serious crime. Again, as I said previously, Bill C-5 is not about minor and insignificant offences. It deals with what I would conclude are very serious offences, such as robbery with a firearm and extortion with a firearm. I have not even begun to discuss the sections in the bill dedicated to drug-related offences.

Bill C-5 would also eliminate mandatory prison time for trafficking or possession for the purposes of trafficking, importing and exporting or possession for the purpose of exporting and production of a substance under schedule I or II. Examples of those are heroin, cocaine, fentanyl and crystal meth. When I read the legislation, it seems clear to me that no one from the Liberal-NDP coalition has ever sat across the table from a chief and elders pleading to get and keep these drug dealers out of their communities.

When I first spoke to Bill C-22 in the last Parliament, I shared a story from a local paper. The story was about a judge's decision, arguments by the Crown prosecutor and the victim impact statements of some RCMP officers. Today I am going to take a few minutes of my time to share that story again, one of the victim impact statements of one of the officers. I truly hope today that all members in this House, even if they ignore everything else I say today, will listen to this story.

The statement said:

When I encountered the gold truck you were in north of Loon Lake the only emotion I felt was sadness.

I knew right away how this was going to end. It’s always the same, just a varying degree of tragedy. When I saw your co-accused run from the Equinox and point what may have been a gun at me, I just felt tired and defeated....

I knew what you would do when you came up to the road block. And you did the same thing every other desperate criminal does—you accelerated and swerved towards the police.

As you did that, I took off my seatbelt and accelerated my truck directly at you. I wanted to be able to at least have the chance to manoeuver in the cab if you and your fellow gang members started shooting at me. As I lined up my truck to yours head-on I fully expected to be shot but I tried to make sure my truck would stay on a straight path and hit you even if I couldn’t steer because you needed to be stopped.... Even after all of this, after hours of chasing after you, hours of being frustrated, angry, and tired, [I] was required to be of calm mind and use sound tactics as I drew my gun on you and the people with you.... At that moment I was furious that it had come to this. I was furious that your stupidity was causing me to miss an important family event going on right at that moment I had you in my gun sights. I was furious that I might have to shoot and kill you.... I didn’t shoot you...My coworkers didn’t shoot you, even though we were taunted and dared to do it by the people in the truck with you. Even though your actions caused one of my coworkers to almost be run over and killed. We made sure you were safe. It was a joke and a game to you. It was life and death for me, for my partners, and the public. I’m telling you that on January 17, 2019, you were lucky to be arrested by some of the most capable and experienced police officers in the country. They showed incredible restraint and professionalism to make sure you lived to be here today.

I had the opportunity to speak to Sergeant How after this and he shared with me how these events had become almost routine in his world. I am asking members to imagine this becoming part of the daily routine. I remember having to fight back the emotion.

Finally, this bill would allow for greater use of conditional sentence orders for a number of offences. Allowing criminals who commit violent acts to serve their sentences on house arrest puts communities in my riding at risk.

In closing—

Bill C‑5—Time Allocation Motion

[David Lametti, Liberal, LaSalle—Émard—Verdun, QC]

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

I also thank his colleague from Rivière-du-Nord, who supported Bill C‑22, which was introduced in the House during the previous Parliament. The bill we are debating today is identical, and since the hon. member for Rivière-du-Nord fully supported it last time, I hope he will support it this time for the same reasons.

I think it is very important to work with my colleagues, and I am prepared to work with them on this bill, which has already been thoroughly debated, studied and discussed. We can now move on to the next stage.

[David Lametti, Liberal, LaSalle—Émard—Verdun, QC]

Mr. Speaker, indeed, in the previous Parliament with this bill's predecessor, Bill C-22, and now in this Parliament, we have had ample opportunities to discuss this bill. We are still waiting for the opposition to show the evidence.

Today, the Parliamentary Budget Officer came out with a report looking at one of the minimum mandatory penalties that was thrown out by the Supreme Court of Canada. The clear conclusion of the Parliamentary Budget Officer was that not only did it contribute to the overrepresentation of Black and indigenous peoples in the criminal justice system, and not only did it cost more money, but it was completely ineffective at reducing the overall sentencing rates.

Criminal Code

[Lianne Rood, Conservative, Lambton—Kent—Middlesex, ON]

Mr. Speaker, as this is my first time rising to give a speech as a member of the 44th Parliament, I want to take a moment to thank the people of Lambton—Kent—Middlesex for re-electing me to this place on their behalf. It is a responsibility, honour and privilege that I do not take lightly. I am really grateful to them for sending me back here.

My re-election was made possible by everyone who supported my campaign, believed in me, had my back and helped me through this journey. With the dedication and professionalism of my team, the passion and commitment of our volunteers, the generosity and sacrifice of our donors and, of course, the love and support of family and friends, we were able to share our positive Conservative vision. I am grateful beyond words.

I would not be here without my amazing campaign team. I thank my campaign manager David Sverginsky, my official agent Doug Plummer, and the rest of my core team and staff without whom I would not be here. They are Russ Kykendall, Tony Reznowski, Yvonne Hundey, Anna Marie Young, Todd Gurd, Cheri Davies and Kim Heathcote; and the group of volunteers who canvassed with me almost every day: Archie Nugteren, Mark Etienne, Gerry Rupke, Steve Stellingwerff, Marius, Juliette, Hannah Kurjanowicz, Brandon MacDougall, and my predecessor, Bev Shipley.

I would also like to thank Julie, Angela, Holly, Candice and Jennifer for always being there and for their steadfast support throughout my political journey.

The sign crew put up over 3,000 signs. I thank them for their hard work and dedication.

A special thanks to my parents, Diane and Theo Rood, for their love and support. My dad took on the enormous task of installing the signs, removing them and just being there for me throughout this.

I thank my brothers Jeremy Rood and Steele Leacock, and my grandma, Helen Jamrozinski, for their love and support throughout this journey.

Going on to the bill that is before us, it should come as no surprise when I say the Conservatives are the party of law and order. We are the party that stands with victims of crime and their loved ones. We are the party that applies common sense and outcome-based principles to protect innocent Canadians from violent criminals who would harm others. We are the party that understands that it is criminals who are committing these crimes, not law-abiding firearms owners, anglers, hunters and sports shooters.

The Liberals claim to be serious about getting tough on crime, but their hypocritical actions speak louder than words. Last February, in the previous Parliament, the government introduced Bill C-22. The goal of this harmful legislation was to reduce the sentences for illegal gun smugglers and remove mandatory minimum sentences for many serious offences. That bill died when the election was called, but here we are again with the same bill, but with a different number.

Just months before the Prime Minister called an unnecessary election in the middle of a pandemic, my Conservative colleague introduced a private member's bill, which would have imposed tougher sentences for criminals who were caught smuggling or in possession of illegal guns, which is the larger problem.

Brian Sauvé, who is the president of the National Police Federation, has said that policies like what the Liberals are advocating for may be politically popular, but they fail to address the root cause of gun violence. He says:

The narrative is that we need to restrict gun ownership because that will curtail crime, when really the evidence is that illegal gun trafficking leads to criminals owning guns, which leads to crimes with firearms.

Therefore, we need to look at the source of the problem.

Crimes with firearms are exactly what the government claims it wants to stop, yet it voted against a bill and continues to fail to support legislation that will do just that. Does that sound like a government that is serious on tackling gun crime for the people of Lambton—Kent—Middlesex? It sounds kind of hypocritical to me.

Bill C-22 is back as Bill C-5, but with the same purpose. This legislation is a revolving door for criminals. It would do nothing to stop crime. It would do the exact opposite. It would repeal the penalties for crimes like weapons trafficking, reckless discharge of a firearm, discharge with intent to wound or endanger and armed robbery. It would also remove conditional sentencing for heinous crimes like sexual assault, kidnapping, child abduction, human trafficking, vehicle theft and arson.

That tells me the Liberal elites in Ottawa do not care about our safety or the safety of our loved ones. Conservatives like myself will always fight against harmful legislation like Bill C-5. Canadians do not want the justice system to be a constantly revolving door. Common sense must prevail for all common good.

I studied criminology in university, and I have friends who are corrections officers, probation and parole officers. I hear the same thing from them all the time. It is the same people revolving through the doors committing the same crimes over and over again. If it is a provincial offence, which is two years less a day, they will not get the kind of help they would need. If they were sent to a federal facility, they would have help for mental health and addictions problems.

The government has a role to play in ensuring that Canadians, victims of crime and their families can exist freely and without fear in our society, but in Bill C-5, the Liberals are telling Canadians that these offences are no big deal. Is it no big deal that someone could leave prison, steal a car, rob several businesses, assaulting the occupants with a weapon, and then attack a police officer on their way out? Apparently, the Liberal government thinks that scenario only deserves a slap on the wrist, not a guaranteed minimum punishment for harmful criminal behaviour. In fact, what is proposed in this bill would allow someone who did all the above the opportunity to not even spend a single day in jail.

Again, as a Conservative, I have to stand here and attempt to bring common sense to a government that is clearly showing no indication that it has any sense left, common or not. In fact, some days it feels like the Liberals have removed the words “common sense” from the dictionary entirely.

At the end of the day, Bill C-5 gets soft on gun crime and gives great relief to criminals and offenders. It is missing any good reasons why this policy cares for, protects or prevents repeat offences against victims of violent crime in Canada. It misses the mark on what should be targeted to stop crime and illegal guns. As Winnipeg police constable Rob Carver said, “When we seize handguns, the handguns are always, almost 100 per cent, in the possession of people who have no legal right to possess them. They're almost always stolen or illegally obtained.” Again, it is not the law-abiding hunters, farmers and sport shooters who are committing serious crimes.

Let us now look at the final part of this so-called landmark progressive legislation. During an unprecedented national overdose crisis, we have a government that is actively trying to enable the criminal proliferation of drug trafficking, importing, exporting and production. Where is the sense in that?

I heard from Louis, a constituent in my riding of Lambton—Kent—Middlesex, who asked me, “Can we address the fact that known drug dealers are getting away with murder? We lost a grandchild.” What Canadians want and need is a compassionate approach to mental health and addictions recovery, and this is not found in Bill C-5. In fact, no part of this bill even attempts to touch on the subject, and it is too busy enabling the pushers.

The Centre for Addiction and Mental Health estimates the economic burden of mental illness in Canada at $51 billion per year, which includes health care costs, lost productivity and reductions in health-related quality of life. Addictions and mental health issues have costly and far-reaching impacts in our society and must be given proper attention in legislation to combat the crisis.

When will the government put forward legislation to address this impact instead of using a real crisis to score cheap political talking points at the cost of protecting Canadians? The Prime Minister and the Liberal members across the floor are all talk. They talk big and they make sweet-sounding promises to address serious concerns about gender-based violence, opioid addiction, systemic racism and other forms of discrimination. They make boldfaced claims to be helping Canadians, but then offer nothing of use.

What I see, and what the constituents I represent see when the Liberals grandstand, is hypocrisy. I see before the House a bill that is soft on gun crime and soft on the criminal drug enterprise. Canadians know bills like Bill C-5 are contrary to evidence, countless news stories and the testimony of victims. It should be impossible to ignore the madness of the government’s relentless attempts to gaslight Canadians otherwise.

Canadians expect the government to stand up for the rule of law, to protect victims first and to stand up for their rights. The government should be targeting violent criminals, sexual offenders and criminal gangs, and ensuring that the Criminal Code protects Canadians. Any changes should be made in a well-informed manner that protects public safety.

As legislators, we must represent and reflect the values of the average Canadian, and Canadians consider the crimes that Bill C-5 relaxes measures against to be extremely serious. By reducing mandatory sentences for serious crimes, Bill C-5 says elected representatives do not need to be accountable to the victims of these crimes. The utter hypocrisy of this bill and those who vote for it is staggering.

To vote in favour of this bill signals a victory for violent criminals who commit some of the most heinous crimes against the most vulnerable victims in Canada. It comes at a cost to victims and their families, present and future, and to the dignity of our great nation. That is a fact I find unacceptable, and it is why I will be voting against the bill.

[Blaine Calkins, Conservative, Red Deer—Lacombe, AB]

Mr. Speaker, I want to thank my good friend, neighbour and colleague for Red Deer—Mountain View for his excellent speech.

As this is my first opportunity to deliver a speech on behalf of the constituents of Red Deer—Lacombe in the new Parliament, I want to thank all of my volunteers and my family. Of course, I thank the voters of Red Deer—Lacombe for sending me here for a sixth term. My commitment to them is to do my best in representing the issues and values that we hold dear in central Alberta. One of those is addressed in this proposed legislation.

Many of the hard-working people in central Alberta are law-abiding firearms owners. They get up every day, go to work, follow all the rules, follow the law, work hard and pay their taxes. In return, they simply want to be treated with dignity and respect by their government. They want their tax dollars used effectively and efficiently, and none of them feel very good right now about the direction that our country is heading, particularly when it comes to the legislative agenda of this current government. They are very concerned and very worried about government's approach, which is soft on violent and dangerous crime.

Bill C-5 is another iteration of Bill C-22, which appeared just before the election was called in the last Parliament, and the bill is absolutely abhorrent, I believe, in the minds of most of my voters back in Red Deer—Lacombe.

I am a law-abiding firearms owner, and I am a former law enforcement officer in the conservation law enforcement field. My job was to go into situations and deal with law-abiding hunters and firearms owners on a daily basis. I would go into situations as a conservation officer or as a national park warden where virtually every person I dealt with had an axe because they were camping; a knife because they were fishing; or a firearm, bow or crossbow because they were hunting.

I did this with complete confidence that the people I was going to deal with and work with were going to be honest and forthright people for the most part, and I had nothing to fear and nothing to worry about from law-abiding hunters and firearms owners in this country. I am proud to say that I safely did my job with a respectful group of hunters, anglers, campers and outdoor enthusiasts for a number of years before I ended up in this place.

These are good people, and they do not deserve to be demonized by this current government. They certainly do not deserve to be taken to task or held accountable for dangerous, violent criminals who are operating under the auspices of organized crime in our large urban centres, such as Montreal, Toronto, Vancouver, Edmonton and Calgary. Even in one of the largest cities that my colleague for Red Deer—Mountain View and I share, Red Deer, Alberta, which is a beautiful city full of good, honest, hard-working people, there is the odd one that causes problems. We need to be focusing on the ones that cause problems, which is the problem with the legislation before us today.

Ladies and gentlemen of Canada, and ladies and gentlemen of Toronto, who are watching need to know the crimes the people they voted for are actually reducing and eliminating mandatory minimum penalties for. One is robbery with a firearm. We would think that in a city such as Toronto, where there are virtually daily shootings being reported, that somebody would say, “Robbery with a firearm is a fairly serious thing and people should probably go to jail for that”, but not according to a Liberal member of Parliament members from that city.

Another is extortion with a firearm, which must be a pleasant experience for the victim. Why do we not do what Liberals do and get rid of any mandatory minimum prison sentences for somebody who is being extorted with a gun to their head? The third is weapons trafficking, excluding firearms and ammunition. Weapons trafficking is the illegal movement, sale and acquisition of firearms. This is the problem.

We know from people like professor emeritus Gary Mauser from Simon Fraser University that a person is very unlikely to be a victim of crime from a law-abiding firearms owner. In fact, when we take a look at the statistics from Statistics Canada going back to 2012, we know that 0.6 in 100,000 murders in this country were committed by law-abiding firearms owners. That is less than the average of 1.8 murders per 100,000 in the country.

The safest person we can be around in this country when it comes homicide is a law-abiding firearms owner, but we are going to make sure that smugglers and people who traffic firearms and bring these guns into the country would potentially face zero jail time for their actions. There is also importing or exporting knowing that a firearm or weapon is unauthorized, which is called “smuggling”, and it is smuggling firearms across the border.

This is the problem. This is what Liberals in la-la land think deserves no jail time whatsoever. If voters are in Toronto, Montreal or Vancouver, these are the people that they voted for and sent here and this is what they are doing to the community. The Liberals are saying to the people who voted for them that they are going to remove mandatory minimum sentences for people who smuggle guns across the U.S. border and instead blame and conflate issues on law-abiding firearms owners. It is absolutely disgusting.

Discharging a firearm with intent, when does that happen on the streets of Toronto? Daily, but if someone is the one with the gun, apparently in Liberal la-la land, they do not need to go to jail.

With regard to using a firearm in the commission of an offence, holding somebody up, committing a robbery, committing a carjacking, using a firearm, in theft or any of these other types of activities, if people take a firearm along with them, they should not worry if they voted Liberal. The Liberals are looking out for their interests and making sure they spend no time in jail as a result.

On possession of a firearm knowing its possession is unauthorized, these are people that are not getting firearms licences like every law-abiding firearms owner in this country actually does. Canadians might be surprised to know that every single day all 2.1 million of my fellow law-abiding firearms owners are checked by CPIC to make sure that we are eligible to continue to possess firearms.

As a matter of fact, the law is written in this country that people cannot possess a firearm at all. Every firearm is illegal, unless they have a licence to have one. That is what the law currently says. Law-abiding Canadians by the millions in this country follow those rules on a daily basis and we are checked on a daily basis to make sure that we can continue to lawfully possess our property.

Instead of harassing people like me, the government is going to make life easier for people who are unlicensed. If people are found in possession of a basketful of handguns in downtown Toronto, they should not worry; they do not have an RPAL, the guns were smuggled and they might even be the smuggler. Guess what? They have the option of going home and sitting in their house and thinking hard about how bad they are because that is the Liberal solution to organized crime in our country. This is absolutely ridiculous.

On possession of a prohibited or restricted firearm with ammunition, these are guns we are not even allowed to have, so now we are talking about illegal owners. They should not worry; the Liberal Party of Canada has their back. If they have one of these, they do not have to go to jail, here is a “get out of jail” card just like in the Monopoly game; they do not have to face the consequences.

Possession of a weapon obtained by commission of offence is theft. That is someone who comes into my home and steals my gun. That is someone who comes into a rural property in the County of Red Deer, the County of Lacombe, the County of Ponoka, or any one of our communities, steals from us and may be purposefully there trying to steal our firearms. The Liberal response is because our disarmament policy for law-abiding Canadians is not working, they are going to let thieves out of jail for free for stealing a law-abiding citizen's property.

This legislation is absolutely ridiculous. It flies in the sensibilities of everybody. On these mandatory minimums just on the firearms, and not getting into the drugs and all of the other things that the government is reducing or limiting minimum penalties for, in this legislation, virtually all of them except for one, guess who introduced these pieces of legislation in the Criminal Code? Was it Stephen Harper or Brian Mulroney? One of them happened under the government of Stephen Harper. The other dozen of these provisions in the Criminal Code were put in place by none other than Pierre Elliott Trudeau and Jean Chrétien. Today's Liberals are certainly not yesterday's Liberals, ladies and gentlemen. Our country is not any safer with these guys at the helm.

[Alex Ruff, Conservative, Bruce—Grey—Owen Sound, ON]

Madam Speaker, I have not given a lot of speeches as I have been here only two years, but as some of my colleagues will know, I try to be as non-partisan as possible. I find it to be getting more and more difficult, the longer I am here.

One of the things I like to do with every piece of legislation that is put forward is to try to find what I can support or what I think is good in that bill or piece of legislation, and what I think needs to be improved upon. Unfortunately, when I look at Bill C-5, I cannot find a single thing in it that I think is worth supporting.

I came to this Parliament, that is, I ran for elected office and I got elected, to solve problems, not to create new ones. I find it somewhat hypocritical of the government. It said we needed this urgent election, to come here, dissolve Parliament and have an election, because we needed to deal with things concerning COVID and deal with this pandemic. However, one of the first bills the Liberals have introduced is one that would basically make it easier for criminals to stay out of jail and on the streets. This is not for first-time offenders. This is not for simple crimes. This is for serious crimes, and I will get into that later.

This should be about public safety and victims, and dealing with the root causes of the problems we have with gun violence and the increase in violence across this country. We should be addressing poverty, drugs, gangs and criminals, not focusing on making it easier for criminals. This bill eliminates mandatory prison time for drug traffickers and those who commit acts of violence, and makes it possible to put criminals under house arrest versus doing time in prison. Ultimately, it is going to put victims at risk.

I want to read into the record, and I know it has been done before, exactly what Bill C-5 is going to eliminate from the mandatory minimum perspective related to gun crimes: robbery with a firearm, extortion with a firearm, weapons trafficking excluding firearms and ammunition, importing or exporting knowing that it is unauthorized, discharging a firearm with intent, using a firearm in the commission of an offence, 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, possession for the purpose of weapons trafficking, and discharging a firearm recklessly.

The issue is we have seen the government in the previous Parliament bring in an order in council that targeted the most law-abiding citizens in the country, our legal firearms owners, and made it more difficult for our hunters, farmers and sport shooters. However, at the same time, the government introduced, in the last Parliament, Bill C-22. This bill is identical to that previous bill, which makes it easier for criminals to get off those charges.

The previous speaker indicated that these are policies that were failing that were brought in by previous Conservative governments. No, these 14 mandatory minimums that would be repealed via this bill, of the 67 that exist, are ones that were brought in by prime ministers Pierre Elliott Trudeau and Jean Chrétien. These are not bills that were brought in under former prime minister Stephen Harper. These bills were brought in by previous Liberal prime ministers.

My question, in a rhetorical sense to the previous speaker, is why they did not get rid of all mandatory minimums, the other 53 mandatory minimums, if that is the case. They are keeping the ones the previous Conservative government strengthened under Stephen Harper and eliminating the ones that have been around for decades.

I just want to make that clear. They are eliminating those mandatory prison times for criminals who commit robbery with a firearm, weapons trafficking and drive-by shootings, and they are basically doing this because they view the laws as unfair. They are more interested in standing up for the criminals versus the victims and keeping our communities safe.

The next aspect of the bill is eliminating that mandatory prison time for drug dealers. There are six mandatory minimums that they are eliminating that target drug dealers: trafficking or possession for the purpose of trafficking, importing and exporting or possession for the purposes of exporting, and the production of a substance schedule I or schedule II drug; i.e. heroin, cocaine, fentanyl or crystal meth.

Again, we have talked about this, and I fully acknowledge that it happens in my community. We have heard from communities right across this great nation about the opioid crisis and the need to help Canadians who are struggling with addiction. I have family members who have struggled with addiction issues, and I full appreciate that. However, they are not producing drugs, they are not running these meth labs, they are not trafficking drugs and they are not enabling the crisis in this country. There are other people we should be locking up, and we should make sure they serve the appropriate time without letting them off easy.

The next part of the bill talks about conditional sentencing. I am going to read the offences out, because it is beyond me why we would not want these criminals punished. These are not first-time offenders who have committed a theft because they are struggling to get by or do not have food. These are people who are doing serious things. We are talking about prison breach, criminal harassment, sexual assault, kidnapping, trafficking in persons, abduction of a person under 14, motor theft, theft over $5,000, arson for fraudulent purposes, etc.

I have an eight-year-old daughter. The last thing I want to see is for some hardened criminal who kidnaps my daughter, or the daughter or son of any Canadian for that matter, to be let off and not get the appropriate punishment because of this potential change in legislation.

I want to address the issue of simple possession. This is not what we are dealing with. Police officers already have a load of tools at their disposal to make a determination as to when charges should be laid. My colleague from Brantford—Brant spoke earlier and he is a former Crown attorney. There are some people here with a lot of knowledge who understand the justice system better than me, and I will trust them on how to address this stuff. However, my point, from a simple Canadian perspective, is that this bill would not do anything to make our communities safer and address support for victims.

I want to expand on the conditional sentencing orders, which allow judges to use their judgment when sentencing. I personally do not think there should be a reduction in penalties and a soft-on-crime approach when it comes to gun crime or repeat offenders. It is important that we do not forget the component of public safety when we consider our aim of reducing the overrepresentation of visible minorities in our prisons. We should be considering how to provide the right help and treatment for those suffering with addiction and mental health issues.

As long as I am a member of Parliament, I will continue to advocate for common-sense policies that keep criminals off our streets and respect law-abiding Canadians. I am committed to fighting for policies that keep our communities safe while ensuring that those who are suffering are getting the best help possible. I will not sacrifice public safety, and I will continue to fight for justice and proper resourcing to help those who most need it.

In conclusion, like many of my colleagues and I think the majority of Canadians, I believe serious violent offences committed with firearms deserve mandatory prison times. It is shameful that a bill is being brought here that would weaken the firearms laws in this country. I have serious concerns with this legislation, and I really think we can do better. I hope the government will do better.

[Kristina Michaud, Bloc, Avignon—La Mitis—Matane—Matapédia, QC]

Mr. Speaker, I am very pleased to rise to debate Bill C-5. I have to say that this is not a straightforward subject; it is extremely complex.

As I am not a lawyer, I, too, have to make sense of it all. I want to thank the office staff of the leader of the Bloc Québécois, who have really helped clarify this issue. Bill C-5 addresses two extremely important issues. I believe it would be worthwhile to have two separate debates, and I will move a motion about that a little later.

Debating both issues at the same time is complicated because we might be against abolishing mandatory minimum sentences and in favour of decriminalization. This complicates the debate a little. In the case of mandatory minimums for offences committed with a firearm, we are looking at 20 specific mandatory minimums. In the case of simple drug possession, we are looking at decriminalization. I think we need to look at these two issues separately.

As I said, I am not a lawyer. However, I have heard lawyers on the same team debate this subject and it is hard to have a simple opinion. It is hard to choose black or white, because there are several grey areas in all of this. We will try to untangle it all together and weigh the various arguments.

There are several arguments in favour of eliminating mandatory minimum sentences, and there are several against it. In my opinion, it is important that we consider all the arguments.

The Liberal government promised to quickly reintroduce Bill C‑22 from the last Parliament. It also promised to reintroduce what we referred to as Bill C‑236. By merging these two items into one bill, the government is giving the impression that it wants to act hastily. However, when we try to move too fast, we often make mistakes or do things wrong. I think the impression we give people is important.

In the current context, Bill C-5 sends out a peculiar message. Let me explain: Canada is in the midst of a gun violence crisis. My colleagues have likely heard me talk about firearms and the situation in Montreal and other major urban centres during the various question periods. Almost every day, we hear about a new firearm death.

The circumstances and timing are therefore not really appropriate. We have been calling on the minister for three weeks to take the first real step to combat the trafficking of illegal firearms, and to tighten gun control and border measures. Ultimately, the first step the government took was to introduce this bill, which proposes eliminating mandatory minimum sentences for certain firearms offences.

The message that sends is a bit odd. It does not really reassure anyone. Montreal families are worried, especially mothers who have lost a son and are waiting for gun control measures to be tightened. People are afraid to go out in the evening and take a walk in their own neighbourhood, which used to be safe. I doubt that these people feel reassured when they are told that the only thing the Liberal government has done so far to combat gun trafficking is to abolish the mandatory minimum sentences related to such offences.

The context is different and we, as parliamentarians, have to consider that. Everything is changing. The context is changing. When Bill C‑22 was introduced, the context was different, even though this was a problem across the country. I think that we have no choice but to take that into consideration.

I am talking specifically about firearms because I am very familiar with this file. It should be noted that some mandatory minimum sentences that are set to be eliminated have to do with drug possession while the opioid crisis is raging both in Quebec and in the rest of Canada. It is rather odd to be introducing this bill at this stage.

That being said, the Bloc Québécois is usually in favour of the principle of rehabilitation and crime reduction in a different context.

There is a tendency to have a fairly high degree of trust in judges, and I think they should be given the benefit of the doubt and the flexibility needed to decide what sentence to impose for an offence.

It is important to keep in mind that if certain mandatory minimum sentences were to be abolished overnight, that does not mean that someone who has committed offences will not be charged. It means that we are leaving it up to the judge to decide the best way to ensure public safety.

If a mandatory minimum sentence exists, the judge can impose a harsher sentence if they feel that that is the right thing to do. However, the judge cannot go below the mandatory minimum. That is my concern. If individuals can be punished for their offences, but rehabilitated in ways other than being sent to prison, I think that can be beneficial. People often become more criminalized as a result of entering this cycle. Other options need to be considered. That is a pretty strong argument, I think, for abolishing mandatory minimum sentences.

Another argument is that it has long been accepted that mandatory minimum sentences do not deter certain kinds of targeted crimes. For example, it is a well-known fact that mandatory minimum sentences have virtually no effect on drug trafficking. Research in the United States and Malaysia has proven this. Both countries have strict minimum sentences for drug trafficking. However, this has not led to any change in drug use within the population. Rather, this only puts more small dealers in prison. Unfortunately, the focus is on the bottom of the ladder, when these individuals are often not irrevocably on that path. We could remedy all that and not necessarily send them directly to prison.

As for the effects of mandatory minimum sentences on firearms, no credible study has established that sentences have a deterrent effect on firearms offences. I think that someone who is planning to commit a crime or who commits a crime that is not premeditated does not say to themselves that they will not do it because there is a mandatory minimum sentence for that offence. Those who commit gun crime are either not aware of the consequences or they do not care about them and will commit the crime anyway.

I believe that even though the context is problematic, we agree that abolishing mandatory minimum sentences can be a good thing. However, it is not just about the context. Some details warrant further study.

In this case, Bill C-5 abolishes several mandatory minimum sentences for second and third offences. As I was saying, mandatory minimum sentences for a first offence may impact social reintegration, but keeping certain mandatory minimum sentences for second or even third offences could be justified to uphold the credibility of our legal system.

For example, the use of a firearm or imitation firearm to commit an offence is currently punishable by a mandatory minimum sentence of three years, which also applies to a second or subsequent offence. Under Bill C‑5, this would be scrapped.

However, an individual who uses a firearm or imitation firearm for a second or third offence deserves to be held accountable for that, in my view. It is worth considering.

My time is running out, so I will not have time to go into the second item that this bill addresses, diversion. What I would suggest to the government is that it simply split the bill. The government should withdraw Bill C‑5 and introduce two new separate bills. I think that would be a good solution.

The first bill would deal with diversion, which is represented by the part entitled “Evidence-based Diversion Measures” in the current Bill C‑5. The House could vote on the principle of the bill at second reading.

The second bill would deal with mandatory minimum sentences and would be sent to committee before second reading. That would give members a chance to examine the principle of the bill prior to second reading and propose amendments that would change its scope. Immediate referral to committee before second reading would allow for a full study on the subject.

That is the Bloc Québécois' proposal to the government. I hope it will be well received.

[Larry Brock, Conservative, Brantford—Brant, ON]

Madam Speaker, I welcome this opportunity to speak today on Bill C-5, a seriously flawed and dangerous piece of proposed legislation. My commentary and opinion on this are shaped by my experience as a lawyer for almost 30 years, the last 18 years as a Crown attorney for the Province of Ontario.

A week ago today, members in the House stood in solidarity to honour and remember the victims of the Montreal massacre. Fourteen women were murdered, and 10 women and four men were injured. That day was an opportunity for the House, and especially the Prime Minister and his government, to stand strong against all forms of gun violence and to inform Canadians in very clear terms that they would take immediate steps to curb the ever-increasing tide of this criminal behaviour. What is most disturbing is that, less than 24 hours removed from this commemoration, the justice minister introduced Bill C-5, which was a tone-deaf and ill-timed response from this government.

The Prime Minister in the last election promised peace, order and good government. He said that Canada needs leadership that would not back down in the face of rising extremism and that he would take action to put an end to gun violence in our communities. Bill C-5 is the complete opposite of this pledge and proves to be another example of virtue signalling to all Canadians.

Bill C-5 is identical to Bill C-22, which was first introduced in the last Parliament. That bill never made it past the second reading before the unnecessary federal election was called. The bill would eliminate mandatory minimum penalties for 14 of the 67 offences in the code, 13 for firearm offences and one for a tobacco offence. Notwithstanding what we have heard over the last week by the justice minister and his government, this dangerous bill is not targeted at less serious gun crime.

As an example, let us take a look at section 244(1) of the code, which reads:

Every person commits an offence who discharges a firearm at a person with intent to wound, maim or disfigure, to endanger the life of or to prevent the arrest or detention of any person

I would ask any member of the House to somehow convince me that that would constitute a less serious gun offence.

The bill would also eliminate all six mandatory minimums for offences under the Controlled Drugs and Substances Act. These include the very serious offences of trafficking, importing and exporting, and the production of controlled substances. I invite members to think about that for a moment. This soft-on-crime, ideologically driven Liberal government believes that those who traffic and produce fentanyl, the most deadly and lethal form of street drug, which is being sold to millions of addicts, is causing an opioid crisis, and results in daily overdoses and deaths, should not expect to receive a minimum period of incarceration. It is utterly shameful and dangerous.

As a rookie member and political aficionado in Ottawa, I have repeatedly heard a false narrative from the Prime Minister and his government that Prime Minister Harper is to blame for everything that has gone wrong in this country. Perhaps it is about time for this government to engage in some self-reflection.

Contrary to the justice minister's talking points about the government “turning the page on a failed Conservative criminal justice policy”, the fact remains that it is keeping the other 53 mandatory minimums in the code intact and keeping most of the ones introduced by the Conservative Party. The justice minister needs to be reminded that it was former prime minister Pierre Elliott Trudeau in 1977 and prime minister Jean Chrétien in 1995 who introduced several mandatory minimums for firearm offences.

These penalties have been rooted in our criminal justice system since the early 1890s. Legislators, over the decades that followed, have relied upon mandatory sentencing tools to mitigate inconsistencies in the exercise of judicial discretion. A key feature of our system of government is that Parliament constantly reviews all legislation and passes new legislation to ensure its laws, including sentencing laws, properly align with the demands of justice. Those demands of justice speak very clearly that there is a tremendous increase in gun violence across this country.

Conservatives believe that serious violent offences committed with firearms deserve mandatory prison time. If government members will not take our word on this subject, then perhaps they will listen and reflect on what eloquent jurists have said about gun violence in our communities.

Firearm use and possession is not a momentary lapse in judgment. Heavy regulation of firearms and ammunition means that those who possess them had to make a concerted effort to do so. A person does not stumble upon an illegal handgun. There is a process of purchasing from a trafficker and secreting the handgun to avoid detection and prosecution. There is a high degree of deliberation and contemplation. Loaded firearms, especially in public, add a dimension of heightened risk.

Hear the words of Justice D. E. Harris:

A person with a gun in their hands has a god-like power over life and death. Virtually all that is necessary is to point at another person and to apply a few pounds of pressure on the trigger in order to end a human life.... The ease of killing with a gun...is an exigent danger to us all.

He said, “Such immense power with so little reason must be opposed with everything at our disposal.”

Listen to these chilling words from Justice Molloy in the decision of Ferrigon:

A person who loads a handgun with bullets and then carries that handgun, concealed on his person, into a public place is by definition a dangerous person. Handguns are used to shoot people. A person who carries a loaded handgun in public has demonstrated his willingness to shoot another human being with it. Otherwise there would be no need to have loaded it. That person is dangerous. He is dangerous to those with whom he associates; he is dangerous to the police and other law enforcement personnel; he is dangerous to the members of his community; he is dangerous to innocent bystanders, including children, who may be killed or maimed by stray bullets.

According to Public Safety Canada, violent crime involving firearms is a growing threat to public safety in our communities. Gun violence is on the rise: an 81% increase in violent offences involving guns since 2009; one in three homicides in Canada are firearm related; and 47% of Canadians feel gun violence is a threat to their community. Gun violence impacts people and communities across Canada. It happens in urban, suburban and rural communities across every province and territory, in all age and socio-economic groups and, last, among those who own guns and those who do not.

This is a moment in time to strengthen our gun laws to emphasize the principles of denunciation and deterrence. This is not the time to advance a soft-on-crime bill that puts communities and victims at risk.

Mandatory minimum sentences are an important tool for ensuring, not inhibiting, justice in sentencing. Rather than eliminating a judge's ability to assess a proportionate sentence, mandatory minimums set a stable sentencing range for an offence, permitting citizens to understand in advance the severity of the consequences that attend the commission of that offence.

The justice minister stressed that Bill C-5 was not aimed at hardened criminals but at first-time low-risk offenders. He was quoted on December 8, stating:

Think about your own kids. Perhaps they got into trouble at some point with the law. I bet you would want to give them the benefit of the doubt or a second chance if they messed up. Well, it is a lot harder to get a second chance the way things are now...

That is such a disturbing message from the Minister of Justice and Attorney General of Canada. I cannot think of any other example of being tone deaf to the obvious. We are indeed focusing on serious violent offenders and not misguided, mischievous youthful first offenders.

The Liberal government claims the bill is to address racism in Canada's criminal justice system. As noted by the Alberta minister for justice, Kaycee Madu:

While Ottawa’s new justice bill...contains some reasonable measures, I am deeply concerned about the decision to gut tough sentencing provisions for gun crimes....Removing tough, mandatory penalties for actual gun crimes undermines the very minority communities that are so often victimized by brazen gun violence. I also find it disingenuous for Ottawa to exploit a genuine issue like systemic racism to push through their soft-on-crime bills.

As a former Crown attorney, I am very much aware and wholeheartedly accept that there is a disproportionally higher rate of incarcerated indigenous and Black Canadians. We as parliamentarians have the tools necessary to put into place measures to address this problem. We already have principles that mandate jurists to consider the background of indigenous offenders.

The Liberal government last year committed $6.6 million to produce better informed sentencing decisions based on an understanding of the adversities and systemic inequalities that Black Canadians and members of other racialized groups faced.

Furthermore, Parliament has an opportunity to put into place a safety valve known as a constitutional exemption that would allow judges to exempt outliers for whom the mandatory minimum would constitute cruel and unusual punishment.

This flawed and dangerous bill would also substantially alter the conditional sentence regime, which would now allow such a sentence to be imposed for sex assaults, criminal harassment, kidnapping, human trafficking, arson and abduction.

What I found most ironic is that yesterday we heard from the justice minister that this legislation would reduce a significant amount of charter challenges and speed up the disposition of criminal cases. What he failed to address was how the changes to the conditional sentence regime would result in a plethora of increased litigation as the proposed amendments were lawfully unavailable.

A condition precedent to the availability of the conditional sentence is that a justice must be satisfied that serving a sentence at home would not endanger the safety of the community. Offenders convicted of sexual assault, criminal harassment, kidnapping and abduction are indeed dangerous.

Furthermore, section 752 defines the above offences as a serious personal injury offence, which the provincial appellate courts have consistently excluded from conditional sentence consideration.

The number one priority for the federal government is to keep Canadians safe. The Liberal government has been derelict in its responsibility. This soft-on-crime, ideologically driven bill needs to be defeated.

[Tom Kmiec, Conservative, Calgary Shepard, AB]

Never again? Never say never again here, from the other side.

Madam Speaker, that was on Bill C-235, which Mr. Bagnell tabled in the House. We had a second reading vote on his private member's bill. Fifteen Conservatives voted with him. I was one of them, because I thought an assessment order for those with fetal alcohol syndrome should get them some type of special treatment in the courts and judges should be directed to look at that during sentencing. It was an assessment in that case that I thought was perfectly reasonable.

If we look at my voting record on other bills, members will realize that I am willing to look at bills as they come forward and judge them on the merits of their content, not the aspirations placed behind them. Judges do not look at the aspirational language we use in this place to describe bills.

I have heard members say this bill would help indigenous or Black Canadians get the type of treatment they deserve in the court system so they are not overly given harsh criminal sentences, but the words “race”, "racism" and "systemic racism" are not in this bill. Another member mentioned, aspirationally, that the bill would help to stop minorities from being overly sentenced harshly by the judicial system, but I do not see those words. The Liberals could have introduced an assessment order and a requirement for judges to consider that.

On that point, Liberal members have asked several times if we do not trust judges. Of course we trust judges. The government appoints them to sit on the bench and render decisions on behalf of Canadians. They are supposed to look at both sides, those of the offender and the victim, and determine what outcome would be fair and just for society while including an opportunity for rehabilitation and a punishment that would fit the crime, to ensure that victims also feel that justice has been served in their case.

The Liberals talk about judicial discretion. How do they feel about the discretion of the Attorney General of Canada or those of the provinces? I wonder how Jody Wilson-Raybould would feel right now when we are talking about the discretion of judges. It was the current government, on the opposite side, that got itself involved in a criminal proceeding for favouring a particular party, so how does it feel about attorney generals using their discretion in the pursuit of justice?

I think it is hypocritical of government members to be talking about judicial discretion and the ability of judges to determine a proper sentence. We do not talk about attorneys general who give direction to prosecutors. In this caucus, we have several prosecutors on our side who have actually gone through this and used these sections of the Criminal Code to sentence people.

Many of our comments probably echo the member for St. Albert—Edmonton's terrific verbal dissertation on the merits of the bill's contents. However, I thought it remarkable that one of the offences that is being rolled back in the bill is the production and manufacturing of schedule I drugs, including hard drugs such as cocaine, heroin, fentanyl and crystal meth.

I live in a suburban community that is made up entirely of single-family detached homes, mostly next to a hospital. Just a few years ago, a fentanyl lab was found in my own community in one of the homes closest to Deerfoot Trail. I think two million or three million pills were found, including pill presses. This has been a common story in Calgary. These pill press mills are being found in residential neighbourhoods. In the past six years, this sleepy, suburban community also had two murders committed in it. One of these, if I remember correctly, was connected to the drug trade. Again, this is happening in all of our communities across Canada. We see the daily numbers of opioid deaths, and I entirely agree that it is a crisis.

However, again, the way in which the bill is being framed does not match the contents of the bill. What I see in the bill is a kind of softening of the minimum we can set for people who commit crimes such as robbery with a firearm or kidnapping, which are things that most of my constituents think is absolutely wrong.

Before I get accused of not caring about those who wind up in the prison system, in my riding we have the historic Ogden Hotel, which has been there for almost a century. A CP is located right next to it, and it is one of Calgary's original hotels. This is where Pastor Delaney runs the Victory Foundation for the church: It helps men who are getting out of the prison system to get back on their feet, find jobs and get some training and education.

I have had coffee there with people out of the prison system who are trying to get their lives back on track. I have a beautiful painting in my house from a gentleman who was homeless. He wound up in the judicial system and was charged, but I call him an expert painter from Calgary. He made a beautiful painting of an elk being attacked by a cougar, and he was helped by the Victory Foundation. I have met and interacted with these men and tried to better understand what they go through. Many of them will tell us that they wronged someone and that they have to right the wrong at some point.

There are two sides to the debate we are having here. Where is the voice of the victims who want to see fairness in the judicial system? If we are going to talk about judicial discretion, we have to talk about attorneys general being able to direct prosecutors to actually pursue these cases as well. Also, we set the box within which judges are supposed to rule, and the box shows what the minimum is, what the maximum is and what is reasonable in between.

A member on our side mentioned that it is an expectation of Canadians that a crime committed in eastern Canada, for example in Montreal on the south shore in beautiful Brossard, in the B section where I lived for part of my life, would be treated the same way if it was committed in downtown Calgary. The same crime would be looked at by judges in the same way and would be given a similar type of sentence. We say that every case is different and every case has particular circumstances to it, but that is what we are asked to do here. I am not a lawyer by profession, so I am unburdened by a legal education and can just give a layman's interpretation of what the judicial system should look like. I consider that a bonus, but maybe some lawyers do not.

Before I forget, I have a Yiddish proverb for members to consider: “When you sweep the house, you find everything.” As I have gone through the bill, I have mentioned the fundamental aspects of the judicial system here. As I am sweeping across the bill, I look for those terms that have been mentioned by members aspirationally hoping that it would achieve the goals of not having offenders judged solely by immutable characteristics such as race, but only on the merits of their particular cases. That is a concept that I agree with, but it is not in the bill. There is no assessment order. The government could have taken an idea from our former colleague Larry Bagnell and applied it to the particular thing that they truly care about.

I cannot see how I can support this type of bill. This is the same thing as Bill C-22 in the last Parliament, and government members knew we would not support this type of legislation. They had an opportunity to fix it, but they chose not to take it. Between tabling Bill C-22 and the return of this Parliament, they lost the opportunity to find some type of consensus in the House on producing a bill to help Canadians and to help victims of serious crimes.