Bill C-236 (Historical)

An Act to amend the Controlled Drugs and Substances Act (evidence-based diversion measures)

This enactment amends the Controlled Drugs and Substances Act to require peace officers to consider measures other than judicial proceedings to deal with individuals alleged to have been in possession of certain substances. It also sets out principles to be taken into account in the determination of the most appropriate measures to take.

Criminal Code

[Andréanne Larouche, Bloc, Shefford, QC]

Madam Speaker, as I rise today to speak at third reading of Bill C-5, my mind is once again filled with questions and confusion.

As critic for status of women and gender equality, I have observed an uptick in the number of femicides and incidents involving gender-based violence. Like my colleague from Rivière-du-Nord, whom I commend for his speech and for sharing his time with me, I wonder about the odd message the government is sending with this bill.

I will therefore address the delicate question of mandatory minimum penalties by starting with my experience in the community sector. Next, I will address the bill's shortcomings. I will end with a few suggestions for countering violence and sending a strong message to end the acrimony currently surrounding the bill and, in particular, the disinformation we have been hearing, as my colleague from Saint-Hyacinthe—Bagot mentioned.

I have a background in community work, more specifically with an alternative justice and mediation organization. I sincerely believe in restorative justice. I am entirely in agreement with the Bloc's traditional position, which mirrors Quebec's position on mandatory minimum penalties.

When it comes to justice, the Bloc Québécois advocates for an approach that promotes rehabilitation and crime reduction. We believe that mandatory minimum penalties, or MMPs, have few benefits, that they do not deter crime and that they introduce many problems, including the overrepresentation of indigenous and Black communities in prisons, as well as additional costs to the system. The Bloc Québécois is therefore more favourable to the principle of repealing certain MMPs.

However, the Bloc also believes in timing, since life is all about timing. Now is not the right time to repeal MMPs for firearms offences, seeing as a number of cities in Quebec and Canada are plagued by a rash of gun violence, mainly because of the Liberal government's inaction when it comes to border controls.

Many women's groups are particularly concerned about this and would like to see better gun control measures to help reduce the number of femicides. Repealing MMPs without doing anything to stop the illegal flow of firearms across the border sends a mixed message.

Conversely, Bill C-21 would strengthen certain maximum penalties, but we must be careful not to mix up these two bills. Although we believe that repealing MMPs for firearms possession is defensible, the proposed repeal of MMPs for certain gun crimes, including discharging a firearm with intent and armed robbery or extortion, appears to contradict the government's claim that it will maintain MMPs for certain categories of serious crime.

We need to monitor this aspect of the bill closely, as well as the possibility of maintaining MMPs for second or third offences. As the Bloc Québécois suggested, the courts could be given the power to depart from the MMPs in cases of serious crime where justified by exceptional circumstances.

I would like to clarify that the Bloc Québécois expressed support for the introduction of the principle of diversion for simple drug possession during the last election campaign and the debates on Bill C-236. Let me remind my colleagues that some of the MMPs that are to be repealed involve drug production, at a time when the opioid crisis is claiming more and more lives in Quebec and Canada.

During the last election campaign, I was approached about this topic by community groups that work with the homeless and whose street outreach workers are doing an excellent job, like those in Granby. However, the Bloc Québécois would like to point out that such a measure will be effective only if investments are made in health care, to support health care systems and community organizations. These institutions need resources so they can help people struggling with addiction and mental health issues, another subject that voters broached with me during the last election campaign.

The Bloc Québécois would like to note that we have still not gotten a response from the Liberal government on the issue of increasing health care funding to cover 35% of system costs, despite unanimous calls from Quebec and the provinces. Obviously, without that level of investment, it is hard for community organizations to meet the growing needs created by increased homelessness in municipalities like Granby. The pandemic only exacerbated the problem. Also, as critic for status of women, I see that homeless women are especially vulnerable.

Once again, the Bloc Québécois speaks for Quebec, where diversion is a well-recognized principle that has been integrated into several areas of the justice system. For example, in children's law, extrajudicial alternatives have been offered to young offenders since the 1970s thanks to Claude Castonguay's reform of the Youth Protection Act. There is also the alternative measures program for adults in indigenous communities, which allows individuals to opt for measures other than judicial proceedings.

There is the justice and mental health support program, which allows individuals who have committed a crime and are fit to stand trial to obtain a reduced sentence or, in some cases, benefit from diversion. There is also the general alternative measures program for adults, which is currently being implemented and which gives adults accused of certain crimes the opportunity to take responsibility for their actions and resolve their conflict with the law in ways other than the usual judicial proceedings provided for in the Criminal Code.

For all of these reasons, I would like to salute the organization Justice alternative et médiation, for which I used to work. I would like to apologize for missing the general meeting, but I know that the organization's work on all the issues I mentioned is crucial.

Lastly, with regard to drugs, there is the Court of Quebec's addiction treatment program, which makes it possible to postpone sentencing to allow the offender to undergo court-supervised treatment for addiction. It also provides for close collaboration between the court and drug addiction resources to establish treatment methods, including therapy, rehabilitation and social integration. Unfortunately, this program is offered only in Montreal and Puvirnituq. It would be good if it could be expanded.

In short, as the previous examples show, the principle of diversion is not new in Quebec's judicial ecosystem. Quebec's Bill 32 was studied and also involved diversion. The CAQ government concentrated on securing the passage of this bill, which aims to promote the efficiency of penal justice. The bill introduced the concept of an adaptation program, which will give municipalities another option for administering statements of offence to vulnerable individuals, such as those experiencing homelessness or mental health or addiction issues.

As critic for status of women, I am always rather appalled to observe the overrepresentation of indigenous individuals in prisons and to note that the problem is more pronounced among women than men. Some 38% of women incarcerated in provincial and territorial prisons after sentencing are indigenous, while the corresponding rate of incarceration among men identifying as indigenous is 26%, so this affects far more women than men. In federal prisons, indigenous women account for 31% of offenders sentenced to prison, while indigenous men account for only 2%. These are huge numbers. Given these figures, could MMPs be contributing to increasing the overrepresentation of Black and indigenous people in the prison system? Certain signs point to yes.

Diversion is also beneficial for individuals. It reduces the stigma associated with drug use, as well as the negative consequences of a criminal record, which are disproportionate to the crime of simple possession. One last thing I should mention is that MMPs are expensive, because they generate long-term correctional service costs and court costs. MMPs have a major social cost because the money invested in putting people in prison is not devoted to social reintegration.

In conclusion, because of my background in community work, I am sensitive to many considerations associated with this bill. One thing is certain: It should not relieve us of our responsibility as members of Parliament, especially since gun crime is an important issue, given recent events where many innocent victims were killed by guns. Although we agree with the repeal of MMPs, we should not minimize gun crime or the importance of making the public feel safe and considering better gun control measures. That will be debated in another bill. Let us focus on the bill at hand.

I can say one thing. On the one side, we have the NDP saying that this bill does not go far enough. On the other, we have the Conservatives clinging to their “tough on crime” approach. Is that the way to go? I do not know.

Then there are the Liberals, who, as I mentioned, are playing both sides of the fence, especially in the case of crimes against women. The Truth and Reconciliation Commission of Canada's call to action 32 sought to allow judges to depart from MMPs under certain circumstances, by which I mean serious crimes against women. The idea is to allow judges to decide whether getting rid of the MMP is a good idea. This is meant to send a strong message, especially in the case of serious crimes against women. The Liberals managed to do this in response to the Truth and Reconciliation Commission's recommendation.

Once again, this bill reflects the Liberals' penchant for catch-all bills. Minimum penalties, maximum penalties, diversion: Everything is lumped together. In short, once again, the Bloc Québécois is acting like the adult in the room, trying to adopt the most well-reasoned and reasonable approach.

Report Stage

[Marie-Hélène Gaudreau, Bloc, Laurentides—Labelle, QC]

Madam Speaker, the government's Bill C-5 would amend the Criminal Code and the Controlled Drugs and Substances Act to repeal certain minimum penalties, allow for a greater use of conditional sentences and establish diversion measures for simple drug possession offences. There are two parts to the bill. The first repeals 20 mandatory minimum sentences for offences involving firearms and drugs, and the second introduces the principle of diversion for simple drug possession.

First, I must say that the Liberals' bill is certainly well intentioned. However, the timing of its introduction is rather odd, given that gun violence is spiking and the federal government, which is responsible for managing our borders, is being criticized for doing nothing to stem imports of illegal firearms. Not a day goes by without this issue being mentioned during question period in the House. The number of gun crimes has increased considerably over time. Between 2019 and 2020, the number of gun crimes committed in Montreal rose by 15%, and the number of firearms seized increased by 24%.

In addition, the goal is to repeal certain mandatory minimum sentences for drug production, yet the opioid crisis is claiming more and more lives in Quebec and Canada. If I put myself in the shoes of the families who have lost a loved one to a shooting or to the use of drugs laced with fentanyl by an unscrupulous dealer, I am not sure this is the response they were hoping for from the government at this point.

The bill repeals several minimum penalties for second and third offences. While it is true that mandatory minimum sentences for a first offence may impact social reintegration, keeping certain mandatory minimum sentences for second or even third offences could be justified as a way of upholding the credibility of our legal system. Maintaining public confidence in our justice institutions is also a concern that should not be dismissed out of hand.

Let us remember that, under the Harper government in 2006, a number of mandatory minimum sentences were challenged. Section 12 of the Canadian Charter of Rights and Freedoms, which protects individuals from cruel and unusual punishment in Canada, is often used as an argument against mandatory minimum sentences. Over 210 constitutional challenges have been filed. According to the Minister of Justice, 69% of the constitutional challenges involving mandatory minimum sentences for drug offences and 48% of those for firearms offences were successful. To be honest, we cannot call that a success.

That said, we are supporting Bill C‑5 despite being somewhat dissatisfied with it. My esteemed colleagues from Avignon—La Mitis—Matane—Matapédia and Rivière-du-Nord repeatedly asked the government to split the bill in two, because we believe that tackling substance addiction and abolishing mandatory minimum sentences are two fundamentally different issues. Unfortunately, the government rejected our request, so here we are now.

We are disappointed with the part about mandatory minimum sentences, but we agree on the principle of establishing diversion measures as introduced in Bill C‑5. With respect to mandatory minimum sentences, the Bloc Québécois wants the legal system to adopt an approach that enables rehabilitation and reduces crime.

Considering that mandatory minimums have few benefits and introduce many problems, such as the overrepresentation of indigenous and Black communities in prison, in addition to increasing system costs and failing to deter crime, the Bloc Québécois supports the idea of repealing certain mandatory minimum sentences.

However, we believe this is a bad time to repeal mandatory minimums for firearms offences, because many Quebec and Canadian cities are seeing a firearms epidemic, due in part to the Liberal government's failure to implement border controls.

Repealing mandatory minimums without strong action by the federal government to counter the illegal importation of firearms at the border sends the wrong message. Although the Bloc Québécois can get behind repealing mandatory minimums for a first offence, we believe that keeping these sentences for second and even third offences can be justified, as this would maintain the public's trust in their justice institutions and the rehabilitation process.

Believing in second chances does not mean that people's actions do not have consequences. It is a question of common sense.

Although we think it is defensible to repeal mandatory minimum sentences for firearms possession, the fact that the bill repeals mandatory minimums for certain offences involving firearms, such as discharging a weapon with intent and robbery or extortion with a firearm, seems to contradict the government's claim that they are being maintained for certain categories of serious crimes.

During the last election campaign and during the debate on Bill C-236, we expressed support for the introduction of the principle of diversion for simple drug possession. However, I would remind the House that such a measure will only be effective if investments are made in health care through transfers to support health care systems and community organizations, which need ways to support people grappling with addiction and mental health problems. They are doing amazing work on the ground, and they need resources to carry out their mission.

We have said it before, but it bears repeating: The Bloc Québécois and the Quebec government demand health care funding. I think we have said this 572 times, but we want health transfers to cover 35% of the system costs. Unfortunately, the government has failed to respond. It is silent in the face of the unanimous demands of Quebec and the provinces. Those demands have been reiterated every year since the Liberals came to power, in 2015, 2016, 2017, 2018, 2019, 2020, 2021 and today in 2022.

Will they have the audacity to keep saying no until 2023? I hope not.

Criminal Code

[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.

[Andréanne Larouche, Bloc, Shefford, QC]

Mr. Speaker, I will be sharing my time with my colleague, the always-on-point member for Trois-Rivières.

I feel a sense of bewilderment today as I rise to speak to Bill C-5, an act to amend the Criminal Code and the Controlled Drugs and Substances Act. I have many questions and concerns.

As my party's status of women critic, and having observed an increase in cases of femicide and gender-based violence, I feel confused about the strange message the government is sending with this bill. I am going to broach the sensitive issue of mandatory minimum penalties by talking a little about my proud history working with community-based services.

I will then speak to the flaws in the bill and will conclude by talking about what I would like to see in terms of combatting violence and sending a strong message against hate and discrimination. I know that my colleague from Rivière-du-Nord has addressed the bill from a legal standpoint and that my colleague from Trois-Rivières, as a renowned ethicist, will certainly bring an ethical perspective into this debate.

I want to mention again that I worked in community-based services, more specifically for an organization focused on alternative justice and mediation. I truly believe in alternative and restorative justice, which is why I am in complete agreement with the Bloc Québécois's traditional position. With respect to mandatory minimum sentences, my party is in favour of an approach to justice that fosters rehabilitation and crime reduction.

Considering that mandatory minimums have few benefits and introduce many problems, such as the overrepresentation of indigenous and Black communities in prisons, in addition to increasing system costs and failing to deter crime, the Bloc Québécois supports the idea of abolishing certain mandatory minimum sentences. However, the problem is that the Bloc Québécois believes this is a bad time to abolish mandatory minimums for firearms offences, because many Quebec and Canadian cities are seeing an influx of firearms, due in particular to the Liberal government's failure to implement border controls.

Several women's groups are very concerned about this issue and would like to see better gun control, because this can even impact femicides. Abolishing mandatory minimums without strong action by the federal government to counter the illegal importation of firearms at the border sends a contradictory message. My colleague, the member for Avignon—La Mitis—Matane—Matapédia, the public safety critic, has asked many questions about this.

Although abolishing mandatory minimum sentences for possession of firearms is something we can get behind, abolishing them for certain gun crimes such as the discharge of a firearm with intent, robbery or extortion with a firearm, as proposed in this bill, seems inconsistent with the government's claim of maintaining mandatory minimums for certain categories of serious crime. We will need to take a serious look at this aspect of the bill, as I am sure committee members will do.

I want to point out that the Bloc Québécois spoke in favour of introducing the principle of diversion for simple possession of drugs in the last election campaign and in debates on Bill C‑236. Community groups that work with the homeless and do excellent work with street outreach workers reached out to me on this subject during the last election campaign.

We in the Bloc Québécois want to point out that such a measure will only be effective and truly efficient if investments are made in health care to support health systems and community organizations. They need funding to support people with addiction and mental health problems. I was also reminded of this during the last election campaign. This does not happen by itself.

On that note, we in the Bloc want to point out that the Liberal government refuses to give an answer on the issue of funding health care to cover 35% of health care system costs, despite the unanimous call from Quebec and the provinces. Obviously, without these investments, it is difficult for community organizations to respond to the growing needs resulting from rising homelessness in municipalities, even back home in Granby.

The pandemic has not helped matters, but rather has exacerbated the problem. Once again, the Bloc Québécois is speaking up for Quebec, where diversion is a principle that is fully recognized and integrated into many areas of the justice system. For instance, when it comes to children's rights, extrajudicial measures have been available to young offenders since the 1970s, thanks to Claude Castonguay's reform of the Youth Protection Act. Having worked at an organization that worked with that legislation and with young people, I was able to see the concrete impacts of alternative work, which leads young people to question their actions, to prevent them from ending up in the criminal justice system.

There is also the Programme de mesures de rechange pour les adultes en milieu autochtone, a program that makes options other than criminal prosecution available to individuals from indigenous communities.

There is also the Programme d'accompagnement justice et santé mentale, which gives individuals who have committed a crime and are fit to stand trial a chance to get a reduced sentence or possibly even enter a diversion program, which is very good for them.

More recently, the Programme de mesures de rechange général pour adultes, which is currently being rolled out, gives adults charged with certain offences the opportunity to take responsibility for their actions and make amends for their crimes without going through the usual judicial process set out in the Criminal Code. The organization I worked with helped to implement the program, and I think it might be a success.

Lastly, there is the Court of Quebec's drug addiction treatment program, which allows for delayed sentencing so drug offenders can get clean through court-supervised treatment. It also facilitates close collaboration between the court and addiction resources to develop a treatment plan that includes crucial therapeutic, rehabilitation and reintegration components. The program is currently available only in Montreal and Puvirnituq. How can we expand it?

As the previous examples show, the principle of diversion is not new in Quebec's judicial ecosystem.

Quebec's Bill 32 is all about diversion as well. Minister LeBel's office pushed the government to focus on adopting Bill 32, which sought to improve the efficiency of the criminal justice system. The bill introduced the concept of adapting enforcement to give municipalities more leeway when it comes to ticketing marginalized individuals, such as people experiencing homelessness and those with mental health issues or addiction.

Quebec has already committed to diversion programs in several areas, including youth, indigenous affairs and petty crime, and it is currently exploring this avenue through Bill 32.

As the critic for status of women, I have to note that year after year, we see an overrepresentation of indigenous women in the prison system. People have been sharing statistics throughout this debate. My Liberal colleagues have cited some, but I want to reiterate that indigenous women accounted for 38% of women admitted to provincial and territorial sentenced custody, and for indigenous men, that figure was 26%.

In the federal correctional services, indigenous women accounted for 31% of female admissions to sentenced custody, while indigenous men accounted for 2%.

Are mandatory minimum sentences contributing to increasing the overrepresentation of Black or indigenous people in the prison system? By all indications, they are. What is more, as critic for status of women, I have unfortunately observed that indigenous women are disproportionately affected.

I would like to add that diversion is beneficial for individuals, because the stigma attached to drugs and the barriers that come with a criminal record are sometimes disproportionate to a simple possession offence, and this can lead to a lifetime of consequences.

In closing, as someone who worked in community-based services, I am sensitive to a number of considerations connected with this bill. One thing is certain: This bill should not absolve us, as parliamentarians, of any responsibility, especially given that firearms crimes are a major concern in light of recent events, in which innocent victims have been killed with firearms.

While we agree with the repeal of mandatory minimum sentences, we must not minimize gun crime or the importance of ensuring the public's sense of safety and looking at better gun control measures. The Bloc Québécois is asking for this. It is high time that action was taken.

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

Madam Speaker, I remind the House that I have taken all decisions based on the health and safety of my employees, following regulations and meeting the needs of my constituents, as well as Canadians across the country in my portfolio.

I will provide an overview of the Bill C-22. The bill would repeal MMPs for all drug offences, which were enacted by the previous Conservative government in 2012. It would also repeal MMPs for certain offences involving the use or possession of firearms and a tobacco-related offence. We know that MMPs do not deter these crimes or keep people and communities safe. In eliminating these MMPs, Bill C-22 would restore judicial discretion, reduce the time and money spent on needless litigation, and address systemic barriers to equality.

We have always held that serious criminals should be treated seriously. As such MMPs will remain for the most serious offences including murder, child sexual offences and firearm offences linked to organized crime.

These changes go hand in hand with the proposed measures in Bill C-21, an act to amend certain acts and to make certain consequential amendments with regard to firearms, to increase maximum penalties for certain firearms offences related to gun smuggling and trafficking.

This would allow judges to issue stricter sentences for the most serious gun crimes, including gang-related violence, while enabling a broader range of options for lower-risk and first-time offenders, including alternatives that could help prevent them from becoming hardened criminals behind bars. This is critical to helping keep our communities safe.

With Bill C-22 serious crimes would be sentenced seriously and proportionate to the gravity of the offence and degree of responsibility of the offender.

The second area of proposed reforms I would like to discuss focuses on realigning the conditional sentence regime with the purpose for which these sentences were originally intended, namely, to address the overreliance on incarceration for less serious non-violent crimes. A CSO is a sentence of incarceration of less than two years that may be served in the community under strict conditions. It is only available if a judge is satisfied that doing so would pose no risks to public safety.

Bill C-22 would repeal a number of restrictions brought in by the former Conservative government on the availability of CSOs. The additional restrictions have limited judges from imposing CSOs in appropriate cases. The current restrictions have resulted in more people being sent to jail and more charter challenges and have contributed to the over-incarceration of indigenous persons, in particular.

In July 2020, in the case of the Queen v. Sharma, the Ontario Court of Appeal struck down the provisions in the Criminal Code limiting the availability of CSOs for offences punishable by a maximum term of imprisonment of 14 years or life, or 10 years if drugs were involved. The court noted that these limits on the availability of CSOs undermined the remedial purpose of the Gladue principle in the Criminal Code by limiting a judge's ability to impose fit sentences to take into account the circumstances of indigenous offenders, including the well-documented impacts of colonialism and residential schools.

Bill C-22 seeks to reform the CSO regime in a way that would allow courts to order sentences other than incarceration in appropriate cases that focus on restorative justice principles. We have heard a strong and positive response from the legal community to these proposed changes. These changes would have real, measurable results. Again, CSOs would only be available for those facing sentences of less than two years and where the judge is satisfied that there is no risk to public safety. They would not be available for more serious offences, including murder or attempted murder, torture, advocating genocide, and criminal organization and terrorism offences punishable by a maximum term of imprisonment of 10 years or more.

I would now like to turn my attention to describing the third set of important legislative reforms proposed by Bill C-22, which support our commitment to public health-centred approaches to drugs and substance use.

Bill C-22 aligns with amendments proposed by Private Member's Bill C-236, an act to amend the Controlled Drugs and Substances Act, in terms of evidence-based diversion measures, with certain technical amendments. I would like to thank the member for Beaches—East York for his private member's bill and his leadership in this area. We agree that these changes to treat addiction as a health issue would improve the state of the criminal justice system in Canada, particularly as we examine better approaches to dealing with the opioid crisis, and believe that changes like these may very well help save lives.

Substance use is first and foremost a health issue. Bill C-22 would enact an evidence-based diversion framework in the CDSA with a set of guiding principles informed by Canada's drugs and substances strategy, as well as principles adopted by the United Nations and the World Health Organization. The Canadian Association of Chiefs of Police, on February 19, released a statement in support of C-22's treatment of drug possession offences. It is clear that we must move toward more effective ways to address public safety concerns relating to substance use.

These reforms are also inspired by the successful approach used in the Youth Criminal Justice Act. They would require peace officers and Crown attorneys to consider alternatives to charging and prosecuting. That includes diverting individuals to a public health agency before proceeding with a charge or before proceeding with a charge once laid. It is worth noting that prosecutors and law enforcement work together in determining which charges to lay in a specific situation and, as such, extending this requirement to both would help ensure that appropriate discretion is exercised.

The reforms proposed would encourage the diversion of simple drug possession cases away from the criminal justice system and focus on the needs of the individual.

Another important benefit of these reforms is that individuals would not have the stigma and the legal costs associated with being charged with a criminal offence. Moreover, these reforms are consistent with the director of public prosecutions' August 2020 guideline that requires prosecutors to pursue diversion for simple drug possession cases.

These proposed amendments will support my 2021 supplementary mandate letter commitment to divert first-time, non-violent individuals charged with simple drug possession at an early stage.

These proposed legislative reforms will generate several long-term benefits to the criminal justice system, including overall cost reductions, and will lead to more effective responses leading to less recidivism. I am confident that Bill C-22 strikes the right balance. Indeed, it has been applauded as much-needed legislation. It responds to long-standing calls for reforms by the Quebec Bar and the Canadian Bar Association.

Our changes reflect several calls to action made by the Truth and Reconciliation Commission of Canada, calls for justice by the National Inquiry into Missing and Murdered Indigenous Women and Girls, and recent calls by the Parliamentary Black Caucus.

Moving forward, we will do more. We have committed to support the application of Gladue principles and Gladue report-writing in the criminal justice system. We have also committed to supporting community justice centre pilot projects across Canada, which will provide more culturally appropriate services to address root causes of crime. Finally, we have noted our support for the implementation of the impact of race and culture assessments, which will better inform sentencing decisions, as they will be based on an understanding of the systemic inequalities faced by racialized groups such as Black Canadians.

In advancing these reforms, I am conscious that some stakeholders and parliamentarians may believe that Bill C-22 does not go far enough or, for others, it goes too far.

Bill C-22 is an important step that advances evidence-based reforms, which will alleviate some of the negative trends plaguing our criminal justice system. It will ensure that sentencing judges are better able to consider the entire context, circumstances, and seriousness of an offence when they impose a sentence.

The time has come to break with the past, the so-called tough-on-crime policies of the previous government, whose only benefit has been to make politicians look tough. We can do a better job and we will.

Controlled Drugs and Substances Act

[Nathaniel Erskine-Smith, Liberal, Beaches—East York, ON]

moved for leave to introduce Bill C-236, An Act to amend the Controlled Drugs and Substances Act (evidence-based diversion measures).

Mr. Speaker, we need to treat drug use as a health issue in the context of the opioid crisis if we want to save lives.

I will not shy away from advocating for decriminalization, but I am aware that early on in this Parliament, I have this opportunity to introduce a bill that will be debated and voted on. In the context of the opioid crisis that has taken so many lives, I want to ensure that a measure is passed that will improve our laws and will help Canadians in need.

To that end, while the bill would not decriminalize drugs, it would ensure there would be an evidence-based diversion framework, a principles-based framework, built on public health principles in our national drug strategy and principles embraced and adopted at the United Nations and the World Health Organization.

The bill is also built on the successful model of the Youth Criminal Justice Act at home. It would require police and prosecutors to ensure, before they move forward with charges, that they consider whether it is sufficient to give a warning or to refer an individual in need to a public health agency and provider.

Again, the evidence from the Youth Criminal Justice Act is clear. We will alleviate unfairness in the criminal justice system, we will help people in need and we will save lives.

(Motions deemed adopted, bill read the first time and printed)