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.
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.
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.
It is my duty pursuant to Standing Order 38 to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Leeds—Grenville—Thousand Islands and Rideau Lakes, Health; the hon. member for Edmonton Strathcona, Climate Change; the hon. member for Courtenay—Alberni, Marine Transportation.
