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

This bill is from the 44th Parliament, 1st session, which ended in January 2025.

Sponsor

David Lametti  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment amends the Criminal Code and the Controlled Drugs and Substances Act to, among other things, repeal certain mandatory minimum penalties, allow for a greater use of conditional sentences and establish diversion measures for simple drug possession offences.

Similar bills

C-22 (43rd Parliament, 2nd session) An Act to amend the Criminal Code and the Controlled Drugs and Substances Act
C-236 (43rd Parliament, 2nd session) An Act to amend the Controlled Drugs and Substances Act (evidence-based diversion measures)
C-236 (43rd Parliament, 1st session) An Act to amend the Controlled Drugs and Substances Act (evidence-based diversion measures)

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-5s:

C-5 (2025) Law One Canadian Economy Act
C-5 (2020) Law An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day for Truth and Reconciliation)
C-5 (2020) An Act to amend the Judges Act and the Criminal Code
C-5 (2016) An Act to repeal Division 20 of Part 3 of the Economic Action Plan 2015 Act, No. 1

Votes

June 15, 2022 Passed 3rd reading and adoption of Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act
June 15, 2022 Failed Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act (recommittal to a committee)
June 13, 2022 Passed Concurrence at report stage of Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act
June 13, 2022 Failed Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act (report stage amendment)
June 9, 2022 Passed Time allocation for Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act
March 31, 2022 Passed 2nd reading of Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act
March 30, 2022 Passed Time allocation for Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act

Debate Summary

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This is a computer-generated summary of the speeches below. Usually it’s accurate, but every now and then it’ll contain inaccuracies or total fabrications.

Bill C-5 aims to address systemic racism in the justice system and reduce recidivism by amending the Criminal Code and the Controlled Drugs and Substances Act. It proposes repealing certain mandatory minimum penalties, allowing for greater use of conditional sentences, and encouraging diversion measures for simple drug possession offenses. The bill seeks to promote fairer sentencing outcomes, especially for Indigenous, Black, and marginalized communities, while maintaining public safety by holding offenders accountable for serious crimes.

Liberal

  • Addressing systemic racism: The bill aims to address systemic racism and discrimination by promoting fairer sentencing outcomes, especially for Indigenous peoples, Black persons, and members of marginalized communities, while still holding offenders accountable.
  • Repealing mandatory minimums: The bill seeks to repeal mandatory minimum penalties for drug offenses, tobacco-related offenses, and some firearm-related offenses. This change gives judges more discretion to consider individual circumstances and impose proportionate sentences, as mandatory minimums have proven ineffective and discriminatory.
  • Expanding conditional sentencing: Bill C-5 seeks to remove restrictions that prevent a sentencing court from considering conditional sentencing orders. This would allow judges to impose sentences outside of custody for individuals who do not pose a risk to society, providing support for rehabilitation and reintegration into the community.
  • Promoting alternative approaches: The bill encourages alternative approaches for those in possession of illicit drugs, such as diversion to addiction treatment programs. This aligns with treating problematic substance use as a health issue rather than a criminal one, prioritizing support and treatment over punishment.

Conservative

  • Opposes Bill C-5: The Conservative party opposes Bill C-5, viewing it as a bill that prioritizes the interests of offenders over the safety and security of the vulnerable and innocent in our communities by eliminating mandatory minimum sentencing for heinous offences.
  • Increases gun violence: Members argue that eliminating mandatory minimum sentences for firearm offenses, such as weapons trafficking, would exacerbate gun violence by reducing penalties for those involved in illegal gun activities.
  • Endangers victims: The Conservatives criticize the bill for expanding conditional sentencing, allowing house arrest for serious crimes like sexual assault, kidnapping, and abduction, which could endanger victims and undermine the integrity of the justice system in the public's view.
  • Fails on drug policy: The party believes that eliminating mandatory prison time for drug dealers, especially those involved in trafficking deadly drugs like fentanyl and crystal meth, sends the wrong message and fails to address the root causes of the drug crisis, which requires a focus on rehabilitation and border control.

NDP

  • Supports bill C-5: The NDP supports Bill C-5, seeing it as an important, though modest, contribution to addressing systemic racism in the justice system and the toxic drug poisoning crisis.
  • Addresses systemic racism: Bill C-5 addresses the overrepresentation of Indigenous and racialized people in prisons by removing mandatory minimums for drug offenses and increasing the ability to divert individuals struggling with addiction to treatment programs.
  • Removes mandatory minimums: The bill removes 20 mandatory minimum penalties (14 from the Criminal Code and six from the Controlled Drugs and Substances Act), giving judges more discretion, but it does not reduce sentences for serious crimes; it only removes the minimum penalty, not the maximum, average or normal penalty.
  • Increases access to diversion: The bill increases the ability of police and prosecutors to use warnings and diversions for drug possession offences, which avoids wasting court time and connects individuals with drug treatment, aiming to reduce recidivism and enhance public safety.

Bloc

  • Conditional support: The Bloc Québécois supports Bill C-5 because it contains some positive measures regarding diversion, rehabilitation, and judicial discretion in sentencing. However, the bill is viewed as a mix of good and bad measures, forcing them to accept aspects they would otherwise oppose.
  • Against gun crime provisions: The Bloc opposes the repeal of minimum penalties for serious firearms offenses, particularly with rising gun violence. They believe this sends the wrong message and could have been addressed by splitting the bill to allow for separate consideration of diversion measures and penalties for serious crimes.
  • Supports diversion programs: The Bloc supports diversion measures, seeing them as a way to ensure that individuals struggling with addiction receive treatment rather than punishment. Diversion programs are well established in Quebec, and are a positive approach to address issues of addiction and mental health.
  • Overrepresentation in prisons: The Bloc is concerned about the overrepresentation of Indigenous individuals, especially women, in prisons. They question whether mandatory minimum penalties contribute to this issue and support diversion programs that help reduce the stigma associated with drug use and the negative consequences of a criminal record.
Was this summary helpful and accurate?

Criminal CodeGovernment Orders

June 14th, 2022 / 5:10 p.m.

Liberal

Iqwinder Gaheer Liberal Mississauga—Malton, ON

Mr. Speaker, this bill and this government have consistently been painted by the Conservatives as being soft on crime. I would like to ask my hon. colleague whether all mandatory minimums are being repealed or only a subset. If it is a subset, why that subset?

Criminal CodeGovernment Orders

June 14th, 2022 / 5:10 p.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Mr. Speaker, what we have here is an opportunity to remove the mandatory minimums that have been set out in the bill because we see a greater good in helping rehabilitate individuals so they can become productive members of society again.

Criminal CodeGovernment Orders

June 14th, 2022 / 5:10 p.m.

An hon. member

Oh, oh!

Criminal CodeGovernment Orders

June 14th, 2022 / 5:10 p.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Mr. Speaker, I am continually being heckled by the other side, but what is really at the core of this is that Conservative desire to play off emotions, hype things up and manufacture outrage.

Criminal CodeGovernment Orders

June 14th, 2022 / 5:10 p.m.

Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Mr. Speaker, at the beginning of the member's speech, he acknowledged and actually waxed eloquent on the member for Humber River—Black Creek's ability to reflect and look back on decisions made.

I want to provide this member with the opportunity to correct the record when he stated that the former Conservative government made the decision not to act on the truth and reconciliation report, given that interim report was tabled in May and the final report was only tabled in December of 2015. In between the two there was an election and a different government.

Criminal CodeGovernment Orders

June 14th, 2022 / 5:10 p.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Mr. Speaker, if that was the case then I certainly would. From my recollection of the events at that time, the Conservatives were very reluctant to suggest that they wanted to move forward with any of the recommendations.

I have no problem. If the member is correct, then I send my deepest apologies to the Conservatives whom I offended in making that comment.

Criminal CodeGovernment Orders

June 14th, 2022 / 5:10 p.m.

Conservative

Richard Bragdon Conservative Tobique—Mactaquac, NB

Mr. Speaker, to my hon. colleague across the way, I know for a fact that in June of last year, in the last Parliament, I saw my private member's bill, Bill C-228, go through and become law. The purpose of that bill was to work effectively between non-profit, faith-based and government organizations, both provincial governments and the federal government, to establish a federal framework for the reduction of recidivism through effective partnerships.

I was thankful to largely have all-party support in the House, and I know it unanimously passed through the Senate. It is now law. We still have not got a report back from the Minister of Public Safety, which is due back this month. This is a proactive step that we could take to make sure that we stop the revolving door in our prison system.

I would love to hear what the member's thoughts are on that.

Criminal CodeGovernment Orders

June 14th, 2022 / 5:15 p.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Mr. Speaker, it sounds like I voted in favour of it in the last Parliament, so it must have been a great bill. I congratulate the member.

Criminal CodeGovernment Orders

June 14th, 2022 / 5:15 p.m.

The Deputy Speaker Chris d'Entremont

It being 5:15 p.m., pursuant to order made on Thursday, June 9, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the third reading stage of the bill now before the House.

The question is on the amendment.

If a member of a recognized party present in the House wishes to request a recorded division or that the amendment be adopted on division, I would invite them to rise and indicate it to the Chair.

The hon. parliamentary secretary.

Criminal CodeGovernment Orders

June 14th, 2022 / 5:15 p.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Mr. Speaker, I would ask for a recorded division.

Criminal CodeGovernment Orders

June 14th, 2022 / 5:15 p.m.

The Deputy Speaker Chris d'Entremont

Pursuant to order made on Thursday, November 25, 2021, the division stands deferred until Wednesday, June 15, at the expiry of the time provided for Oral Questions.

The hon. parliamentary secretary to the government House leader.

Criminal CodeGovernment Orders

June 14th, 2022 / 5:15 p.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Mr. Speaker, if you seek it, I believe you will find unanimous consent to see the clock at 5:30 so we can start Private Members' Business.

Criminal CodeGovernment Orders

June 14th, 2022 / 5:15 p.m.

The Deputy Speaker Chris d'Entremont

All those opposed to the hon. member's moving the motion will pleased say nay.

The House has heard the terms of the motion. All those opposed to the motion will please say nay.

It being 5:30, the House will now proceed to the consideration of Private Members' Business as listed on today's Order Paper.

The House resumed from June 14 consideration of the motion that Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act, be read the third time and passed.

Criminal CodeGovernment Orders

June 15th, 2022 / 4:35 p.m.

The Speaker Anthony Rota

Pursuant to order made on Thursday, November 25, 2021, the House will now proceed to the taking of the deferred recorded division on the amendment to the motion at third reading of Bill C-5.

The question is on the amendment. May I dispense?