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

[Gary Anandasangaree, Liberal, Scarborough—Rouge Park, ON]

Madam Speaker, we have taken very important steps today with Bill C-5, which is the reintroduction of Bill C-22. It was part of our platform commitment. We promised to introduce this within 100 days, and we had the mandate from Canadians to do that. We look forward to a very robust discussion at committee and at every stage of the bill. I look forward to working with my friend opposite on this.

[Mark Gerretsen, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons (Senate)]

Madam Speaker, what this bill represents, and what we are going to witness today throughout this debate, is the stark difference between two approaches when it comes to our correctional institutions. There is the approach of the Conservatives, which is “lock 'em up and throw away the key”, then there is the approach of more progressive governments that believe in rehabilitation and reintegration into society.

Could the Parliamentary Secretary to the Minister of Justice provide some perspective on the benefits of properly rehabilitating individuals so that they can be reintegrated and become productive members of society?

[Gary Anandasangaree, Liberal, Scarborough—Rouge Park, ON]

Madam Speaker, let me divide this into two. With respect to offences under the Controlled Drugs and Substances Act, six mandatory minimum penalties are being repealed. This reflects that drug use, possession and so on affect health. We are trying to have an approach that will allow individuals to get the support they need. Whether they need mental health support, counselling or rehab, it allows the system to do that.

With respect to the 14 Criminal Code offences, again this allows the judge, the prosecutor and the police discretion in terms of diverting programs and allowing individuals to get off the criminal justice highway and become contributing members of society.

[Michael Cooper, Conservative, St. Albert—Edmonton, AB]

Madam Speaker, I want to congratulate my friend, the parliamentary secretary, for his recent appointment.

The problem with the bill is that it is not as advertised. The parliamentary secretary spoke about the fact that the bill supposedly helps those who are struggling with addictions, except there is nothing in the bill that provides that. He speaks of minor possession. The Public Prosecution Service of Canada has issued a directive not to prosecute. However, what the bill does is reward those who imperil the lives of those struggling with addictions by eliminating mandatory sentences for drug trafficking offences and for those who are the producers of fentanyl and crystal meth, which are killing on average 20 Canadians a day.

How does that help those who are struggling with addictions? It does not.

[Gary Anandasangaree, Liberal, Scarborough—Rouge Park, ON]

Madam Speaker, let me reframe this discussion. Bill C-5 is meant to address the systemic inequities within the criminal justice system. We see that the numbers speak for themselves.

If I may, I will just repeat those numbers. Three per cent of Canadians are Black, yet 7% of the prison population are Black offenders. We have an indigenous population of 5% across the country, yet they represent 30% of people within the criminal justice system. That number is 42% for indigenous women. We have significant public-policy issues that we need to deal with, and that is what we are going to address here within Bill C-5.

[Jenny Kwan, NDP, Vancouver East, BC]

Madam Speaker, the media reported a couple of days ago that we have the worst overdose deaths in Vancouver, in my community. The government has a choice to decriminalize small possession of drugs to save lives, along with instituting safe supply.

Why is that not included in this bill, given the urgency of the situation all across the country?

[Gary Anandasangaree, Liberal, Scarborough—Rouge Park, ON]

Madam Speaker, Bill C-5 is reintroduced from the previous Bill C-22.

The issues that my hon. colleague discusses are very important. They are in the hands of our Minister of Mental Health and Addiction, and our government is reviewing the requests of British Columbia and other places with respect to drugs. We will make decisions in short order.

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

Madam Speaker, it is a pleasure to rise today to speak to this bill.

It is unfortunate, though, that the government is taking the first opportunity possible to flex its soft-on-crime approach. They have very much reinforced this approach with Bill C-5. It would do nothing more than reduce punishments, and truly reduce accountability, for perpetrators of violent gun crimes and drug dealers. It would keep those individuals in our communities, among their victims, rather than in prison, where they belong.

Bill C-5, for those who are just tuning in, would eliminate a number of mandatory minimum sentences for very serious crimes. I am talking about a soft-on-crime approach, and I would like to contextualize that. This bill would reduce the mandatory minimum jail time for robbery with a firearm, weapons trafficking and discharging a firearm with intent. The hon. member for Kamloops—Thompson—Cariboo demonstrated very ably, in response to a question by the parliamentary secretary, why this approach is so problematic, and why the example given does not make sense. It would not achieve the result they are looking for.

This bill would also reduce the mandatory minimum jail time for possession of an unauthorized firearm, possession of a prohibited or restricted firearm, possession of a weapon obtained by commission of an offence and possession for purpose of weapons trafficking. These are incredibly serious offences, but the government is taking its first opportunity to reduce the accountability mechanisms available for the commission of these serious offences. Instead, we are seeing the Liberals posturing, and they hope Canadians will confuse motion for action on gun crime. The motion and activity they will generate will be to crack down on law-abiding firearms owners instead of gun smugglers and drug traffickers.

I find one talking point the Liberals use particularly offensive, and that is that this bill would help those who are struggling with addiction get the help they need. Of course, it would not do that. Canadians, and anyone who is struggling with addiction, should be receiving treatment, but that is not what this bill would do. In fact, the problem would get worse under these Liberals because this bill would also eliminate mandatory prison time for those convicted of trafficking, or possession for the purpose of trafficking; importing and exporting, or possession for the purpose of exporting; and production of a substance in schedule 1 or 2.

The Liberals would literally be letting drug traffickers and manufacturers off the hook while saying it is helping addicts and people in our communities. We are in the grips of an opioid crisis in this country. People are dying every day. We should crack down on the people who are peddling that poison in our communities. However, that is not the approach the Liberals are going to take.

I also heard mention from a representative of the government that they would be getting rid of these nasty Conservative minimum penalties. Rightly, many of these laws came into force in the mid-nineties, and the government of the day was a Liberal government, so there is a bit of a disconnect between what they are saying and what they are doing, as is often the case.

The Liberals want to blame Conservatives for laws that former Liberal governments enacted. They say that they are helping addicts and communities, but they are actually reducing sentences and eliminating accountability for traffickers and manufacturers. Instead of punishing gang members, they are looking to crack down on law-abiding firearms owners.

To be clear, the process and the system we have in place in this country for law-abiding firearms owners is robust. There is no disagreement in the firearms community, with hunters and sport shooters, on the need for that system to be robust. Background checks and CPIC checks are already in place. They are effective and important. When we have a group of citizens who are following the laws in place, it might seem like low-hanging fruit for the government to say that they will just make tougher restrictions and demonstrate that they are putting more laws on the books, and Canadians will somehow believe that they have gotten serious about this.

However, it speaks to the priorities of this government when, last year, its members voted against the Conservative private member's bill that would have seen punishments for weapons trafficking strengthened, but here we are with them proposing to weaken it with this inadequate law. While Conservatives seek to empower victims of crime and to defend their rights, this Liberal government wants to empower the criminals: the drug manufacturers, the traffickers and the gang members.

I have heard from people in my community who have been victimized, or who have loved ones who have been victims of violent crime, and they have serious concerns about the rise of violent crime in Canada. However, it seems like the approach that this government is taking is one that is soft on crime and not one that stands up for victims.

I have certainly heard from police who are at their wits' end. They are doing their part to keep our neighbourhoods and communities, our country, safe, but they are dealing with a justice system and a government that would rather see criminals released back into the community instead of putting them in jail. For example, the police will pick up someone for a violent offence, for one of the offences listed here, on Friday, and by the end of the weekend, that person is back in the community, then rearrested on a different crime, released and rearrested in the same week.

I took the opportunity to go on a ride-along with local police in my community, and in the time it took us to drive five minutes away from the station, the officer observed someone who was violating their release conditions. When the officer called back to dispatch to say that the person was detained and there would be an arrest, the person was still showing as being in the system because the person had been released so recently. The release was processed, and the person was rearrested. The officer was tied up with that individual for the evening.

I then went out on the road with another officer, and before the end of the shift, that same person was back on the street again. I heard story after story from these officers and from officers across Canada who, while dealing with fewer resources, are dealing with a government that wants to see police further taxed with fewer resources available for our law enforcement, less protection for our victims, and leniency and less accountability for criminals.

It is important to note that we are not talking about someone who is accused of a criminal offence. We are talking about individuals who have been convicted. They have, in fact, committed and been convicted of committing the offence, and the government's response is to let them out. They would let them out for robbery with a firearm or for extortion with a firearm or weapons trafficking. It is unbelievable to think that these are the priorities of the government.

We heard the government talk about conditional sentencing and the expansion of conditional sentencing. That means that someone could be put on house arrest, as the parliamentary secretary said, for a number of offences, including kidnapping, sexual assault, human trafficking or trafficking in persons, abduction of a minor or a person under 14 years of age, and being unlawfully in a dwelling house.

It is incredibly concerning that this is the approach that the government wants to take. Those individuals ought not to be released into the community after having been found to have committed the offence for which they were accused. They were found guilty. This bill would only result in an increase in violent crime, fewer resources for our police and law enforcement, and more fear in our communities.

This soft-on-crime approach is full of talking points about helping folks who are struggling with an addiction, but it does not do that. We know that currently the justice system and the police are exercising their discretion in dealing with folks who are struggling with addiction for things like simple possession. If the government wants to get serious, we should be talking today about its expansion for support for people who are struggling with addiction or their mental health.

We know that the House passed a call for a national three-digit suicide prevention hotline, but government members have not done that. Instead, they are dragging their feet and dragging the pot, talking about CRTC consultations that go on and on and on. Get serious. Members from across the country called for this to take place.

That would be a concrete action, but it looks like the government does not want to do it because it was proposed by a member of the official opposition, by one of my Conservative colleagues. That is not in the spirit with which we should be approaching serious issues like addictions and mental health. How will Canadians get the help they need when the government will not even streamline the process for them? We know that that three-digit number is not currently in use. We need to get the lead out.

We saw the government take a full two months after what it deemed to be the most important election that we have had. It certainly did not do that to hand out mandate letters to their ministers, name parliamentary secretaries, or consult with Canadians on any of a number of things that it now wants to rush through this place. It is concerning. Canadians are concerned.

I hear those in the Liberal benches heckling that they have a mandate. Do you have a mandate to let people out for kidnapping someone under the age of 14? Do you have a mandate—

[The Assistant Deputy Speaker, Carol Hughes]

I do want to remind the member that he is to address questions and comments to the Chair and not directly to the government.

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

Madam Speaker, I do appreciate that. I will direct them through you. Of course, I hope that the government is reminded about its heckling, as the opposition is held ruthlessly to account.

We want to ask the government these questions: Does it really have a mandate to expand conditional sentences for these crimes? Does it have a mandate to let someone out, and to not have someone go to jail for a minimum amount of time, for the crimes of importing or exporting an unauthorized firearm, extortion with a firearm, and robbery with a firearm? The government says it has a mandate. Did government members really go to their communities to say that this is right, and that the community wanted them to let people out who have committed robbery with a firearm? Is that the kind of accountability in justice that we want in this country? I do not think so.

Does the parliamentary secretary have a mandate for recklessly discharging a firearm?

[Gary Anandasangaree, Liberal, Scarborough—Rouge Park, ON]

On a point of order, Madam Speaker, are we in questions and comments right now? I believe my friend opposite asked me a specific question that I would be glad to—

[The Assistant Deputy Speaker, Carol Hughes]

That is not a point of order.

I am hearing heckling on both sides and individuals providing their feedback, even on the hon. member's side. I know that the hon. member is very capable of delivering his speech.

I want to remind members on the government side that should they have questions and comments, they should wait until that time comes. There should be no heckling and participating in the debate until it is time for questions and comments.

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

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

I am concerned, Madam Speaker, that the parliamentary secretary has been named as a representative of the government, but does not understand how simple debate works in the House. He thinks that if a rhetorical question is put through the Speaker to the government in response to Liberals creating disorder in the House, suddenly they have standing to interrupt debate and start answering questions.

However, I have more questions for the parliamentary secretary and perhaps he will rise and courageously proclaim that the Liberals' expansion of conditional sentencing for people convicted of dangerous and violent offences is what Canadians sent them here to do. I would encourage him to do that, to stand up and say just that, not to blame previous Conservative governments for enacting mandatory minimum penalties. It was Jean Chrétien who put most of those on the books.

It is unbelievable that Liberals are so fearful that the truth about this bill is going to be exposed that they do not even want the debate to unfold. It has been happening for 40 minutes and they are already in a panic. I hear members on the Liberal benches again attempting to create disorder. The heckles do not come from the official opposition. We know that, rightfully—

[The Assistant Deputy Speaker, Carol Hughes]

The hon. parliamentary secretary is very well aware of the rules in the House and I hope they can serve as an example to others by ensuring that they wait for questions and comments. The more we have to stop the clock, the more it takes away from other members who wish to debate.

I remind members that there are only two minutes and 30 seconds left for the hon. member to finish his debate and there will be opportunities for everyone to participate during questions and comments.

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

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

Madam Speaker, much to the chagrin of the member for Kingston and the Islands, who is very upset that the Conservatives continue to expose the Liberal government's soft-on-crime approach, we are going to continue to do that, because we have a mandate from Canadians. We know the government wants to crack down on law-abiding gun owners while letting gangbangers out with a warning. It is no problem if someone possessed a firearm for the purpose of weapons trafficking, no problem at all. The Liberals will continue to push their soft-on-crime approach, a criminal-first agenda, and everyday Canadians will suffer the consequences. It is truly shameful. Hug a thug, indeed.

Conservatives will stand up for the victims of crime and for the safety of our communities. In spite of the disorder Liberals look to create in this place, we will not be silenced by their attempts.