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

Sponsor

David Lametti  Liberal

Status

This bill has received Royal Assent and is, or will soon become, law.

Summary

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

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

Similar bills

C-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 (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
C-5 (2013) Law Offshore Health and Safety Act

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 seeks to amend the Criminal Code and the Controlled Drugs and Substances Act by repealing certain mandatory minimum penalties for drug and firearm-related offences, expanding the use of conditional sentencing, and establishing diversion measures for simple drug possession offences. The goal is to address systemic racism and discrimination in the criminal justice system, reduce the overrepresentation of marginalized groups in prisons, and promote alternatives to incarceration where appropriate. The bill aims to provide judges with more discretion in sentencing while maintaining public safety.

Liberal

  • Addressing systemic racism: Bill C-5 aims to address systemic racism and discrimination within the criminal justice system by promoting a fairer and more effective system. This involves increasing judicial discretion at sentencing through the elimination of some mandatory minimum penalties (MMPs) and promoting alternatives to charging and prosecuting individuals for simple drug possession.
  • Opposes mandatory minimum penalties: The Liberal speakers emphasized that mandatory minimum penalties do not work, based on past experience, and that Bill C-5 is about restoring judicial discretion while ensuring serious crimes still receive serious sentences. Cracking down on dangerous firearms will occur in conjunction with this bill.
  • Drug possession as a health issue: Bill C-5 aims to treat simple drug possession as a health issue rather than a criminal one, aligning with efforts to combat the opioid crisis and support harm reduction strategies. This includes requiring police and prosecutors to consider alternatives like treatment programs instead of charges or prosecution.
  • Reforms conditional sentencing: Bill C-5 seeks to reform the conditional sentencing regime by making more offences eligible for community-based sentences, while ensuring public safety remains a priority. This involves removing restrictions on the availability of conditional sentence orders (CSOs) and allowing low-risk offenders to serve sentences in the community under strict conditions.

Conservative

  • Against Bill C-5: Conservative members voiced strong opposition to Bill C-5, arguing that it is reckless, dangerous, and soft on crime, thereby compromising the safety and security of Canadians. They contended that the bill prioritizes the interests of criminals over those of victims and law-abiding citizens.
  • Harms victims of crime: Members criticized the expansion of conditional sentencing (house arrest) for violent crimes like sexual assault, kidnapping, and human trafficking, saying it is an insult to victims and a disincentive for victims to report crimes. They voiced concern that victims could be forced to live in the same communities as their offenders, thereby increasing the risk of revictimization and instilling fear.
  • Soft on gun crime: The Conservative party strongly opposed the removal of mandatory minimum penalties for firearms-related offences, including robbery with a firearm, weapons trafficking, and discharging a firearm with intent, because these measures weaken deterrence and endanger public safety. Members highlighted that the changes contradicted the government's stated goal of reducing gun violence and ignored the fact that most guns used in crimes are illegally smuggled from the United States.
  • Doesn't address opioid crisis: Members criticized the bill for reducing penalties for the production and trafficking of dangerous drugs like fentanyl and heroin, arguing that it will worsen the opioid crisis by benefiting those who profit from the suffering and death of vulnerable Canadians. They argued that those who manufacture the illegal opioids that are killing Canadians belong in prison.
  • Flawed rationale on racism:

NDP

  • Supports repealing mandatory minimums: The NDP supports repealing mandatory minimum penalties, viewing them as ineffective and discriminatory. They highlight support for the bill from organizations like the Canadian Association of Chiefs of Police, the John Howard Society, and the Elizabeth Fry Society.
  • Addressing systemic racism: The NDP sees Bill C-5 as a step towards reducing systemic racism in the criminal justice system by eliminating mandatory minimum penalties that disproportionately affect Indigenous, Black, and racialized communities.
  • Need for rehabilitation: The NDP emphasizes the importance of rehabilitation programs and conditional sentences. Removing mandatory minimums would allow more individuals to stay in their homes, maintain employment, and become productive members of society, reducing recidivism.
  • Decriminalizing personal drug possession: The NDP believes the government should have gone further by decriminalizing personal drug possession through Bill C-216 to address systemic racism and improve outcomes for those struggling with addiction.

Bloc

  • Split the bill: The Bloc finds the bill important but disheartening due to its combining decriminalization of certain offences and establishment of diversion measures with the abolition of minimum sentences. They view these as distinct issues and regret the government's refusal to split the bill, which they believe muzzles democracy and forces members into an all-or-nothing decision.
  • Against repealing minimum sentences: The Bloc is against repealing minimum sentences, particularly for firearms offenses, given the current rise in gun violence, the opioid crisis, and the government's inaction on border control. They argue that repealing minimum sentences sends the wrong message to the public, undermines confidence in the justice system, and does not address the illegal weapons used by street gangs.
  • Support for diversion measures: The Bloc supports the establishment of diversion measures for certain offences involving illicit substances. They believe that drug addiction is a health issue, not a criminal justice issue, and support providing treatment and rehabilitation to help individuals regain control of their lives and reintegrate into society.
  • Need healthcare investment: The Bloc asserts that in order for diversion measures to be truly successful, there must be significant investment in healthcare. They want the federal level to cover 35% of health spending, as requested by every province, including Quebec, so that they can support their health care systems, including treatment and education.

Green

  • Supports Bill C-5: The member supports Bill C-5, although she believes it does not go far enough in addressing the removal of mandatory minimum sentences and the drug poisoning crisis. She notes the bill addresses two distinct issues: mandatory minimums and evidence-based diversion measures.
  • Mandatory minimums ineffective: The member argues that studies have consistently shown mandatory minimums to be ineffective in reducing crime rates. She notes that jurisdictions that implemented them, including the state of Texas, have been moving away from them due to their negative effects on the criminal justice system.
  • Racism in the justice system: Mandatory minimums are identified as a contributing factor to the disproportionate incarceration rates of people of colour and Indigenous people, exacerbating systemic racism. Additionally, they clog up court dockets by removing the incentive for early guilty pleas and take away judicial discretion to consider individual circumstances.
  • Evidence-based diversion insufficient: While supporting the concept of evidence-based diversion measures for drug offenses, the member considers the measure in Bill C-5 insufficient to address the opioid crisis. She also notes that amendments she proposed to remove more mandatory minimums were heavily criticized.
Was this summary helpful and accurate?

Criminal CodeGovernment Orders

June 9th, 2022 / 8:15 p.m.

Conservative

Greg McLean Conservative Calgary Centre, AB

Madam Speaker, there are a lot of courts of appeal that strike down laws in Canada, and we have to look at where the Charter of Rights and Freedoms is. Actually, the Charter of Rights and Freedoms is expressed in the Ontario Court of Appeal. I apologize to my colleague because I am not sure where this stands in the appeal process from the Ontario Court of Appeal to potentially the Supreme Court of Canada.

However, it is one of those things where different courts of appeal do have certain rights to say something is contrary to the Charter of Rights and Freedoms, and then of course it goes up to the higher court of appeal, which is the Supreme Court of Canada. I apologize that I cannot give the member more detail on it at this point, being unfamiliar with where it is in the process.

Criminal CodeGovernment Orders

June 9th, 2022 / 8:15 p.m.

Conservative

Michael Barrett Conservative Leeds—Grenville—Thousand Islands and Rideau Lakes, ON

Madam Speaker, it is a pleasure to join the debate this evening, and I think I will be bringing it home before we move on to the other piece of government legislation we are going to discuss.

Bill C-5 is problematic for a number of reasons, and I am going to articulate why I will not be able to support this bill. We have heard a lot of rationales presented by members on the government benches as to why this bill is compassionate, why they believe it is important that this needs to be done and why it is urgent that it be done now.

I would note that this bill was progressing through the House in its previous form in the last Parliament, and during that Parliament the Prime Minister and members of this place undertook not to call an election during the pandemic. However, politics being politics, the Prime Minister saw that the polls seemed favourable for his party's electoral fortunes, called an election and killed the bill.

Now we are back, and I guess it is urgent once more. The Liberals believe that, but it was not in the intervening period.

Let us talk about what the bill really would do. I want to address some of the arguments made in favour of it by the bill's proponents. One of those arguments is that eliminating mandatory prison time for some of these offences would help racialized Canadians and minorities who are disproportionately affected and over-represented in the justice system, so the Liberals are going to eliminate the MMPs for those individuals.

That is what they say Bill C-5 would do. In about 12 minutes we are going to debating Bill C-21, so let us talk about what Bill C-5 would do and what Bill C-21 would do.

Bill C-5 would remove the mandatory prison time for possession of a weapon obtained by the commission of an offence, so there would be no minimum. Bill C-21 would increase the maximum. Bill C-5 would remove the minimum penalty for weapons trafficking, while Bill C-21 would increase the maximum amount of time. For possession for the purpose of weapons trafficking, Bill C-5 would eliminate the minimum penalty, and Bill C-21, as members guessed it, would increase the maximum penalty. The same is true for importing or exporting a weapon, knowing it is unauthorized. The bills would remove the MMP and increase the maximum.

If the contention by the government is that it would be removing the minimum penalty because the folks who are being convicted of these offences are racialized Canadians and they are disproportionately represented in the justice system, why is it that the government wants to increase the maximum penalty?

There seems to be a bit of mental gymnastics happening for the Liberals to put forward these two pieces of legislation, which we are going to be debating in the House literally minutes apart.

We have talked about the opioid crisis in recent days in this place, and we talked about it today. It is a scourge in our country. People are dying every day, and the perpetrators, the dealers of this poison, who are preying on people in all of our communities, should know that what they are doing will carry the harshest penalties in our justice system. They are not the victims.

Bill C-5 would eliminate mandatory prison time for trafficking or possession for the purpose of trafficking, importing and exporting or possession for the purpose of exporting, and production of a schedule 1 or 2 substance. Schedule 1 and 2 include heroin, cocaine, fentanyl and crystal meth.

I have heard conflation regarding this bill and the government's work with the Province of British Columbia to decriminalize what they call “simple possession” of those same substances. When we talk about fentanyl and carfentanil, two and a half grams is considered personal possession. That is enough to kill 1,000 people. That is 1,000 lethal doses.

Yesterday at the health committee, we heard Canada's chief public health officer say that if there is an overdose at a party or someone is carrying two and a half grams of carfentanil or fentanyl, the first step would be to administer naloxone, or Narcan. I do not know what the situation is like in British Columbia with respect to its emergency service preparedness for overdoses, but I do not know of a lot of fire or police departments or public health agencies that have 1,000 Narcan kits on hand. That is incredibly troubling.

This bill also talks about the expansion of conditional sentencing. This is where someone who is found guilty of an offence is able to serve their sentence in the community. The first thing I would draw to the attention of members in this place is bizarre, to put it gently. Someone would be eligible for conditional sentences, which means not serving their sentence in jail, if they are found guilty of prison breach. Therefore, when they break out of jail, the judge will say that it would be more appropriate for them to serve their sentence in the community. It is absurd.

To move from the absurd to the serious, I note offences such as sexual assault, kidnapping, trafficking in persons for a material benefit and abduction of a person under the age of 14. Someone found guilty of these offences would be eligible to serve their sentence in the community where they perpetrated the offence on their victims. They could be in the house right next door. That is not justice. We need to concern ourselves very much with the effects this legislation would have on the victims. This country needs to take an approach where the lens we put on everything we do has victims in mind. These perpetrators are not the victims.

Consider offences such as assaulting a peace officer causing bodily harm or with a weapon. Of course, we can go back to trafficking in or exporting and importing schedule III drugs. After putting poison in our communities, someone can serve their sentence in the community they were poisoning.

We have also heard about diversion for people who have simple possession for personal use of drugs and are struggling with addiction issues. We should have legislation in the House with a comprehension approach for treatment in every single one of the provinces. The Prime Minister, the Minister of Mental Health and Addictions, the Minister of Health, the Minister of Public Safety and the Minister of Justice should be working with the provinces every single day to come up with a framework for a national strategy on treatment. Right now, there are no Crown prosecutors bringing people before the courts for simple possession. There has already been a directive given by the prosecution service for that not to happen.

This bill is deeply flawed, and there are a number of ways we could work together in the House to make sure we are standing up for victims and make sure we are addressing those who are struggling with addiction. That is what I would like to turn my attention to and I will not be supporting this legislation.

Criminal CodeGovernment Orders

June 9th, 2022 / 8:25 p.m.

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes

It being 8:26 p.m., pursuant to order made earlier today, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the report stage of the bill now before the House.

The question is on Motion No. 2. A vote on this motion also applies to Motions Nos. 3 to 5.

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

The hon. member for Leeds—Grenville—Thousand Islands and Rideau Lakes.

Criminal CodeGovernment Orders

June 9th, 2022 / 8:25 p.m.

Conservative

Michael Barrett Conservative Leeds—Grenville—Thousand Islands and Rideau Lakes, ON

Madam Speaker, we request a recorded division.

Criminal CodeGovernment Orders

June 9th, 2022 / 8:25 p.m.

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes

Pursuant to order made on Thursday, November 25, 2021, the division stands deferred until Monday, June 13, at the expiry of the time provided for Oral Questions. The recorded division will also apply to Motions Nos. 3 to 5.

The House resumed from June 9 consideration of Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act, as reported (with amendment) from the committee, and of the motions in Group No. 1.

Criminal CodeGovernment Orders

June 13th, 2022 / 3:05 p.m.

The Speaker Anthony Rota

It being 3:10 p.m., pursuant to order made on Thursday, November 25, 2021, the House will now proceed to the taking of the deferred recorded divisions on the motions at the report stage of Bill C-5.

The question is on Motion No. 2.

A vote on this motion also applies to Motions Nos. 3 to 5.

(The House divided on Motion No. 2, which was negatived on the following division:)

Vote #147

Criminal CodeGovernment Orders

June 13th, 2022 / 3:20 p.m.

The Speaker Anthony Rota

I declare Motion No. 2 defeated.

I therefore declare Motions Nos. 3 to 5 defeated as well.

Criminal CodeGovernment Orders

June 13th, 2022 / 3:20 p.m.

LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalMinister of Justice and Attorney General of Canada

moved that Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act, as amended, be concurred in at report stage.

Criminal CodeGovernment Orders

June 13th, 2022 / 3:20 p.m.

The Speaker Anthony Rota

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

The hon. member for Longueuil—Charles-LeMoyne.

Criminal CodeGovernment Orders

June 13th, 2022 / 3:20 p.m.

Liberal

Sherry Romanado Liberal Longueuil—Charles-LeMoyne, QC

Mr. Speaker, I request a recorded division.

(The House divided on the motion, which was agreed to on the following division:)

Vote #148

Criminal CodeGovernment Orders

June 13th, 2022 / 3:35 p.m.

The Speaker Anthony Rota

I declare the motion carried.