Bill C-5 (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

[Jennifer O'Connell, Liberal, Pickering—Uxbridge, ON]

Mr. Speaker, I wear it with a badge of honour, but I do not know who upsets the opposition more, me or the member for Kingston and the Islands.

The Conservatives had failed policies when it came to the criminal justice system. Could the hon. member comment on those failures?

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

Mr. Speaker, I take great exception to the member for Foothills calling my colleague from Pickering—Uxbridge a liar. He would know that, although he may not have used those words, he certainly did call her so indirectly. What we cannot do directly, we cannot do indirectly.

I apologized earlier for doing the same thing. I am sure he will rise on a point of order after I am done talking to apologize to the member for Pickering—Uxbridge.

However, she hit the nail on the head. This is what I have been saying my entire speech, which is that Conservatives are not interested in actually rehabilitating people. They just want to lock people up and throw away the key. That is what their philosophy has always been when it comes to incarceration and Corrections Canada.

[Alexandre Boulerice, NDP, Rosemont—La Petite-Patrie, QC]

Mr. Speaker, on Saturday I was in Anjou where I joined many families in a march against gun violence in the wake of the recent death of young Hani Ouahdi, who was gunned down.

People were obviously very concerned about young people accessing guns, the flow of firearms and the fact that we have to do more to limit access to guns. People also talked a lot about the lack of community infrastructure and sports and cultural activities for young people and the fact that street gangs are recruiting them.

Crime is complex, contrary to what the Conservatives think. It cannot be attributed to just one thing. I would like my colleague to share his opinion since we obviously have to address this from every angle.

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

Mr. Speaker, this is exactly what the Conservatives will have people believe, like the member for Portage—Lisgar did earlier, that there is this big desire within the Conservative movement to help people before they get to the point of being incarcerated, to make them better. However, when the Conservatives were in government we saw them build megaprisons throughout the country. Why did the Conservatives not use some of that money to actually do some of the things that the member from the NDP has asked me about, such as investing in youth, investing in cultural hubs and places where people can actually be productive members of society?

[Pam Damoff, Liberal, Parliamentary Secretary to the Minister of Public Safety]

Mr. Speaker, I would like to congratulate you on assuming the chair. I think you are quite enjoying yourself there.

Bill C-5 is important legislation to provide greater flexibility to the criminal justice system and support appropriate and proportionate responses to crime. In doing so, the proposed changes would help to reduce the overall representation of indigenous peoples, Black Canadians and members of marginalized communities in the criminal justice system, including by repealing mandatory minimum sentencing laws that have shown to disproportionately impact these groups. The proposed reforms represent an important step in the government's continuing efforts to make our criminal justice system more equitable, accessible and effective.

Of course, law reform is only one way that we can do this but it is an important way and I applaud the Minister of Justice for his leadership. Systemic racism and discrimination are real problems in the criminal justice system and the consequences of leaving these problems unaddressed are significant.

The Conservative Party's sentencing reforms have posed the unconstitutional use of mandatory minimum penalties of imprisonment and additional restrictions on the availability of conditional sentence orders. These changes have limited judges' ability to impose proportionate sentences and to meaningfully consider the background or systemic factors. Everyone in this place believes Canada has one of the best judicial systems in the world.

We trust that our judges are best placed to interpret and administer the law. However, what the previous Conservative government did, by passing the number of mandatory minimum sentencing laws that it did, was take away a judge's discretion. The Conservatives' opposition to this bill today only further illustrates the belief that politicians know better than judges when it comes to administering the law.

[An hon. member]

Hear, hear!

[Pam Damoff, Liberal, Oakville North—Burlington, ON]

Mr. Speaker, the Conservative Party is wrong, and it is really sad that the Conservatives would actually say “hear, hear” to the fact that politicians know more about it than judges do.

The Conservatives implemented these reforms to be “tough on crime”, but what they really did was mean-spirited, further marginalizing indigenous peoples and Black and racialized Canadians. Their tough-on-crime measures have led to the explosion of the indigenous and Black prison population with no evidence that these measures actually reduce crime. It is past time to end these discriminatory sentencing provisions. Despite what the opposition says, we are not getting rid of these sentences but rather giving back to judges the discretion in sentencing. Where warranted, judges may even impose greater sentences than the mandatory minimum would have prescribed.

In 1999, indigenous peoples represented approximately 2% of the Canadian population but accounted for approximately 17% of admissions to provincial, territorial and federal custody. As of 2020, indigenous adults accounted for 5% of the Canadian population but represent 30% of federally incarcerated individuals, with indigenous women accounting for over 42% of all federally incarcerated women, with these numbers approaching 70% to 80% in some western provinces. Indigenous women are the fastest-growing prison population in Canada. They are now being transferred to Ontario because we are running out of room in women's prisons out west. I recently visited Grand Valley Institution for Women, where I met indigenous women who were separated from their families and communities. The solution is not to build more prisons but rather to prevent these women from entering the criminal justice system in the first place.

Black individuals represent 7.2% of the federally incarcerated population but only 3% of the Canadian population. We also know that Black people are also more likely to be admitted to federal custody for an offence punishable by a mandatory minimum sentence than other Canadians. In fact, 43% of all federally incarcerated offenders convicted of a drug offence punishable by mandatory minimum penalties were Black adults.

Thirty-nine per cent of Black people and 20% of indigenous peoples were federally incarcerated for offences carrying a mandatory minimum penalty. Repealing these penalties is expected to reduce the overall rates of incarceration of indigenous peoples and of Black Canadians.

Bill C-5's proposed reforms are informed by extensive consultations with a broad range of justice system stakeholders from across Canada. Prior to the introduction of the former Bill C-22, I held a round table with the Minister of Justice regarding mandatory minimum penalties and the impact on Black Canadians and indigenous peoples.

Organizations in my community, like the Canadian Caribbean Association of Halton and Advancement of Women Halton, made it clear that mandatory minimum sentences do not act as a deterrent for crime and cause many Black and indigenous peoples to be incarcerated. These consultations made a difference in the creation of the legislation. The president of the Canadian Caribbean Association of Halton, Andrew Tyrrell, let me know how important passing this bill would be for Black Canadians and was proud of his contribution.

The bill also responds to the calls for reform from various commissions and inquiries, such as the Truth and Reconciliation Commission, the National Inquiry into Missing and Murdered Indigenous Women and Girls, and the Commission on Systemic Racism in the Ontario Criminal Justice System.

In the 42nd Parliament, when I was vice-chair of the status of women committee, we tabled a report on indigenous women in the criminal justice system and called for the repeal of mandatory minimum sentences. Many indigenous women enter the criminal justice system because of minor drug offences that come with mandatory minimum sentences. I visited the Edmonton Institution for Women and met two indigenous women who were in prison for drug offences that were subject to mandatory minimums. They had been living in poverty, and each had a partner who exerted coercive control that led them to crime. This bill would prevent indigenous women from being criminalized for poverty and abuse.

Now more than ever we need to implement the TRC's calls to action. We need to focus on restorative justice, affordable housing and social supports for indigenous women instead of criminalizing them. Bill C-5 is a step in that direction. The all-party Parliamentary Black Caucus, in its June 2020 statement, called for the review and repeal of mandatory minimums and the removal of limitations on conditional sentence orders.

The common theme in all these calls for reform is the recognition that the broad and indiscriminate use of mandatory minimums, and the Criminal Code's current restrictions on the use of conditional sentence orders, have had numerous negative impacts that have been disproportionately felt by indigenous peoples, Black Canadians and members of marginalized communities. They have also made our criminal justice system less effective and less efficient, which ultimately makes Canadians less safe.

I believe this bill would help to restore the public's confidence in the criminal justice system by providing much needed discretion to sentencing judges to impose sentences that respond to the particular circumstances of the offence and of the individual before the court. I want to highlight the story of my friend, Emily O'Brien. Emily was sent to federal prison after her partner coerced her to smuggle narcotics across the Canadian border. She was sentenced to Grand Valley Institution for Women on a mandatory minimum sentence. During her sentence, she noticed that prison did not prepare women for integrating back into society. Once she was released, she created her own business: a deluxe popcorn company called Comeback Snacks that not only makes delicious popcorn but has a mission to hire women who have been sentenced to prison so they will not re-enter the criminal justice system.

Emily's story is the exception to the rule. Most women who come out of the criminal justice system because of mandatory minimums come out worse. It should not be the sole responsibility of people such as Emily to tear down the stigma and provide women with opportunities after prison.

I have talked a lot about mandatory minimum penalties, but the bill would also lift many of the restrictions on the availability of conditional sentence orders in cases in which offenders do not pose a risk to the public safety. This would allow them to serve their sentences in the community under strict conditions, such as house arrest or curfew, while still being able to benefit from employment, educational opportunities, family, community and health-related support systems. I think most Canadians would agree that conditional sentences are appropriate sentencing tools and should be available to judges for appropriate cases. I would expect that they would be used in less serious cases, and I am confident that judges could make appropriate assessments as to their use.

Lastly, the bill would require police and prosecutors to consider alternatives to criminal charges for simple possession of drugs, such as a warning or diversion to an addiction treatment program. These measures are consistent with the government's approach to treating substance use and the opioid epidemic in Canada as health issues rather than criminal justice issues. I believe the government is on the right track with this bill, and I urge Parliament to support its swift passage.

[John Barlow, Conservative, Foothills, AB]

Mr. Speaker, while I appreciated my colleague's speech, I find it interesting that the one element she forgot to mention was that many of these mandatory minimum sentences the Liberals are taking away were actually implemented by former Prime Minister Chrétien. That was a Liberal government, not a Conservative movement.

I have a quick question on comments the member made. She said the government wants to focus on people who do not pose a risk to public safety or do not pose a risk to reoffend: low-risk offenders or less serious consequences.

Does my colleague really believe that robbery with a firearm, kidnapping, extortion with a firearm and firing a firearm with intent are offences with low risk?

[Pam Damoff, Liberal, Oakville North—Burlington, ON]

Mr. Speaker, what I believe is that judges have the ability and knowledge to sentence criminals to jail and we need to give them the discretion to do that. We are not removing penalties. We are not removing penalties from these crimes. What we are doing is promoting the judge's discretion.

[Sylvie Bérubé, Bloc, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Mr. Speaker, I thank my colleague for her fine speech, in which she mentioned the low risk of recidivism.

Bill C‑5 introduces the concept of diversion for simple possession of drugs, which we support. Does my colleague feel that this measure will be effective only if health care investments are made to help health care institutions and community organizations? They really do need resources to help those who are struggling with these addictions and mental health issues.

[Pam Damoff, Liberal, Oakville North—Burlington, ON]

Mr. Speaker, I could not agree more with the hon. member. Around 60% of people who are arrested are intoxicated at the time of their arrest. We need to be doing more about mental health and addictions. Sadly, the majority of people who end up in our prison system are either poor or subject to abuse, and have experienced intergenerational trauma or mental health issues and addiction. We need to be putting money into the system before people are in prison, while they are in prison and when they leave prison to ensure those addictions and mental health issues are dealt with.

[Richard Cannings, NDP, South Okanagan—West Kootenay, BC]

Mr. Speaker, would the member agree with the NDP suggestion to bring this bill before committee before the vote at second reading? We could expand the bill and make it a solutions-based piece of legislation.

We want this bill to be something that would tackle problems such as decriminalization, and make sure that addictions are a health issue and not a criminal issue. We want to make sure there is a safe supply. We want to have the records expunged of all the people who have minor criminal records for cannabis possession.

These are things we really have to tackle, and this bill would have been the perfect place to do that. We can only do that if we bring this forward before the vote at second reading so we can expand this bill and make it really worthwhile.

[Pam Damoff, Liberal, Oakville North—Burlington, ON]

Mr. Speaker, I think the committee will have ample opportunity to amend the bill. There is more than enough opportunity when it is at committee to make a number of these changes. The member mentioned pardon reform. That is something we have committed to in our platform. We were going to bring forward legislation on that. I think it requires a multipronged approach, and I look forward to the committee studying this bill and bringing forward amendments that are appropriate.

[Greg Fergus, Liberal, Parliamentary Secretary to the Prime Minister and to the President of the Treasury Board]

Mr. Speaker, I would like to thank my colleague for her excellent speech. I have a simple question for her.

Minimum sentences have been in place for more than a generation now, and in that time we have seen an increase in the use of guns and in the incarceration of Black and indigenous people. Is it time for something new? Should we try a new approach to really address the problem?

[Pam Damoff, Liberal, Oakville North—Burlington, ON]

Mr. Speaker, I commend my hon. colleague for the work he has done on this issue. I agree with him. It is definitely time that we started looking at things differently and stopped dictating, as politicians, what sentences should be for crimes. We believe that judges should have that discretion within a range set by Parliament.