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 often publishes better independent summaries.

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.

Elsewhere

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

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

Criminal Code and Controlled Drugs and Substances ActGovernment Orders

December 14th, 2021 / 12:50 p.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, it is evident that many members of the government are trying to set up a sort of straw person to argue against in the context of this bill.

The member talked about issues of racism in the justice system. Lowering sentences overall across the board would not address the particular impacts on people from certain communities who get longer sentences. We all agree that judicial discretion is important, but mandatory minimums do not set a one-size-fits-all penalty. They set a minimum that expresses society's moral condemnation and say that at least the minimum for certain kinds of offences should be at a certain level.

I do not think anyone in the House is proposing that people who have addictions problems or who have engaged in personal possession offences should be spending time in prison. I think we can all agree that people in those situations should not be sent to prison. However, let us talk about the core controversy of this bill, which is removing mandatory minimum penalties for violent crime.

Does the member think that mandatory minimum penalties are appropriate for serious violent crimes, yes or no?

Criminal Code and Controlled Drugs and Substances ActGovernment Orders

December 14th, 2021 / 12:50 p.m.
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Liberal

Yasir Naqvi Liberal Ottawa Centre, ON

Madam Speaker, the member has read the bill and knows that serious violent crimes are not included in our removal of mandatory minimum sentences. What is interesting here is that the Conservatives, in their opposition, are the ones who continue to create this straw man argument that somehow, by taking away mandatory minimums, we would be weakening the criminal justice system. No two offences are alike and no two offenders are alike, and the best person to determine what sentence should be allowed for a particular offence is a judge, who has the benefit of all the evidence and all the facts before them, and not parliamentarians of this House.

Criminal Code and Controlled Drugs and Substances ActGovernment Orders

December 14th, 2021 / 12:50 p.m.
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NDP

Lori Idlout NDP Nunavut, NU

Qujannamiik, Uqaqtittiji. I would like to congratulate the member on his election.

There have been two great reports: the Truth and Reconciliation Commission's report and the MMIWG report. Both of them make a call to address mandatory minimums.

Why is the government only taking a half step toward reducing the overrepresentation of indigenous, Black and other racialized Canadians in the criminal justice system?

Criminal Code and Controlled Drugs and Substances ActGovernment Orders

December 14th, 2021 / 12:50 p.m.
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Liberal

Yasir Naqvi Liberal Ottawa Centre, ON

Madam Speaker, it is a very valid point the member opposite is making. As I said in my remarks, this is a first and important step forward, but there is far more work that needs to be done. I agree with the member, and I support her and look forward to working with her.

When it comes to the entire implementation of the calls to action in the report by the Truth and Reconciliation Commission and the calls for justice in the report on murdered and missing indigenous women and girls, more work needs to be done. However, I think the bill would set a new baseline for us to work with. By repealing some of the most regressive changes that were made by the previous government, we can move forward and fully implement the recommendations outlined in the reports she mentioned.

Criminal Code and Controlled Drugs and Substances ActGovernment Orders

December 14th, 2021 / 12:55 p.m.
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Conservative

Warren Steinley Conservative Regina—Lewvan, SK

Madam Speaker, I listened intently to the comments by the member across the way, and he said that he has visited jails and they are not very nice places. Well, people are in jail for a reason, and that is why we trust judges' opinions, because they were sent to jail.

I will follow up on the comments by the member for Sherwood Park—Fort Saskatchewan. Does the member not think there should be jail sentences for some of the crimes for which he is now trying to take away the mandatory minimum sentences, such as human trafficking, crimes committed with a firearm and firing a firearm with the intent to harm someone? Are those not some of the crimes that people should be uncomfortably put in jail for?

Criminal Code and Controlled Drugs and Substances ActGovernment Orders

December 14th, 2021 / 12:55 p.m.
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Liberal

Yasir Naqvi Liberal Ottawa Centre, ON

Madam Speaker, I was not advocating at all that everybody be released into the community. I think we have to look at the circumstances of individuals.

I encourage and invite members to go visit jails in their local communities. The reason our jails are not fulfilling the purpose they are supposed to is that we have filled them up beyond capacity. We have put people in them who may have mental health and addiction issues. These are health conditions. Let us get them out into a community setting, where they can get appropriate services, not just put them in jail. Yes, serious offenders should be in jail—

Criminal Code and Controlled Drugs and Substances ActGovernment Orders

December 14th, 2021 / 12:55 p.m.
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Liberal

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

Resuming debate, the hon. member for Kootenay—Columbia.

Criminal Code and Controlled Drugs and Substances ActGovernment Orders

December 14th, 2021 / 12:55 p.m.
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Conservative

Rob Morrison Conservative Kootenay—Columbia, BC

Madam Speaker, this is the first time that I have been able to rise in debate in the House of Commons in the 44th Parliament and I would like to begin by thanking a few people.

Throughout my career I have been a public servant and I am honoured to once again be serving the good people of Kootenay—Columbia. The past 20 months have been a difficult time. Many have answered the call to assist fellow Canadians, and have done so quietly and without acknowledgement. Today, I want to acknowledge one of those groups. My sincere gratitude to the constituency and Hill staff employees who have worked tirelessly under difficult circumstances to diligently support every member of this House and the constituents we serve.

There is no elected path to this House, this chamber, that does not involve the tremendous support of family. Today I would like to take a moment to thank my wife, Heather, for her commitment to our family and democracy, and for her unwavering support for the work I do here on behalf of Kootenay—Columbians and, indeed, all Canadians. Pursuit of the greater good always comes with sacrifice. I am so proud to be the beneficiary of her love and support.

Today we will be talking about mandatory minimum sentences as part of the Bill C-5 discussion. I would like to begin by setting the record straight. Colleagues across the aisle have once again taken serious legislation and are using it as a tool for political division. They have created a nice narrative for themselves, suggesting they are hard at work undoing the Conservative mandatory minimum penalties, when in fact the majority of mandatory minimum penalties that Bill C-5 stands to eliminate are applicable to firearms offences that were actually introduced by previous Liberal governments.

For those listening at home, Bill C-5, presented by the government, includes the removal of mandatory minimum penalties for criminals who commit firearm offences, including but not limited to using a firearm in commission of offences, weapons trafficking and robbery with a firearm. The government would rather send criminals who commit these offences home.

Bill C-5 hits close to home both personally and, of course, professionally, as I served on the front lines of the war on drugs and have dealt with violent offenders throughout my career. What I know to be the absolute truth is that it is difficult to come up with solutions to big problems like the ones we are addressing today without hearing from the victims. I have been in the room with parents who have lost a child to an overdose and I have investigated and arrested the most violent criminals. I have first-hand experience with the front lines of these issues and see a clear and widening gap between where this bill currently sits and where we need to get to in order to make changes.

While we come to this House from different perspectives, I do believe that everyone in this chamber has a desire to do right by Canadians. Let me be clear to my colleagues across the aisle. If they want change, this bill will not get them there. In fact, based on my first-hand experience, Bill C-5 will move us further away from where we need to be in our collective pursuit of safer communities.

Canadians need to know and I want to be crystal clear on what the Conservative position is. Convicted violent predators, those individuals who prey on the innocence of our daughters and sons, deserve to go to prison, not to the comforts of their own home, yet the government seems politically determined, at the cost of safe communities, to send these criminals on a backyard vacation.

Through Bill C-5, the government also seeks to eliminate six mandatory minimums in the Controlled Drugs and Substances Act that target drug dealers. They include trafficking or possession for the purpose of trafficking; importing, exporting or possession for the purpose of exporting; and the production of heroin, cocaine, fentanyl and crystal meth. The government's own messaging leads Canadians to believe they are simply helping those who struggle with addictions. The minister fails to point out that the mandatory minimums being eliminated are in place for those who target criminals who prey on those with addictions. There are far too many Canadians struggling with addiction. Instead of being focused on removing and reducing consequences for criminals, Bill C-5 should instead be focused on offering the help that is so desperately needed for those who suffer from addiction.

My Conservative colleagues and I believe strongly that those struggling with addictions should be the priority and receive the help that is needed. We have an opioid epidemic across this country and in British Columbia the situation is pronounced. Far too many parents and loved ones are receiving that dreaded phone call, where they are left to process the brutal reality that their child has suffered an overdose.

I would like to take a moment to address the issue of drug use and recovery. The road to recovery, of which I have both professional and personal experience, is very difficult and a long-term commitment. Successful crime prevention starts with our youth and must continue throughout their lives. Education programs can be successful if delivered at the appropriate time. However, with addiction to opioids, for example, the effort and success takes years. We do know the present system is not successful and that it does require change, but we need an approach that is a positive solution for rehabilitation, one that is configured to help those who are addicted, instead of helping those who are profiting from the addiction.

Given the decline in mental health and its connectivity to the issue we are talking about today, I would like to take this opportunity to join my colleagues in calling on the government to commit to an implementation date of funding the national three-digit helpline in this House, unanimously passed in the 43rd Parliament. The government owes it to Canadians to activate that line and create meaningful legislation that will actually serve to make our communities safe. We asked yesterday for a date for 988 to be activated and there was no response.

Contrary to what the minister claims, this is not about reducing mandatory minimum penalties for simple possession. Mandatory minimum sentences for simple possession do not exist. Bill C-5 would do nothing to address that. Instead, it would eliminate mandatory prison time for drug traffickers who commit acts of violence. It would allow criminals who have committed violent acts to serve their sentences on house arrest rather than in prison and puts our communities at risk. I would really like to know who the government consulted. Did they talk to the victims?

Organized crime and gangs prey on our youth. A friend of mine had a 12-year-old daughter who was approached in an elementary school playground by a gang member and was tricked into using crystal meth. By the time the girl was 13, she had stolen most of her family's valuables to support her addiction. The organized crime gang forced her into prostitution. To consider reducing minimum sentences for these gang members is not a solution.

The minister says the purpose of the bill is to tackle overrepresentation of indigenous people and Black Canadians in our prisons. According to a recent article in The Globe and Mail, the bill would not meet that objective. The article states that for “a bill that is ostensibly about racial justice, every single provision in this bill is entirely race neutral.” For nearly a year, the government has asserted that the selected mandatory minimum penalties disproportionately affect Black and indigenous people, but has offered no evidence to suggest they will meaningfully redress overrepresentation.

Bill C-5 leaves in place the harshest mandatory minimum penalties and their brutal effects for indigenous women, in particular. According to the 2019 Corrections and Conditional Release Statistical Overview, a report released by then Minister of Public Safety, almost half of the women sentenced to mandatory life sentences are indigenous and most acted in the self-defence context of lifetimes of abuse and trauma. Clearly these women are victims and not the greatest risk to public safety in Canada, yet Bill C-5 would continue to serve Canada's harshest penalties. All Canadians deserve a more fair and just criminal legal system. Nanaimo, B.C. has a very successful restorative justice program. This is where we need to focus our path forward.

We are left to wonder who the government consulted on this legislation and whether those voices are present in this bill's current form. I am also left to wonder about its understanding of enforcement, as the bill adds to the Controlled Drugs and Substances Act a set of principles that peace officers and prosecutors should use for determining whether to lay charges for possession. Surely the minister knew that police officers already had the flexibility to do this.

Conservatives have serious concerns with the government's proposal to allow criminals to serve house arrest rather than jail time for a number of offences, including sexual assault, human trafficking and kidnapping. This bill would put communities and victims at risk.

In closing, I ask all colleagues in this House consider the real-life outcome that they will be enacting by choosing to make life easier for violent offenders and drug traffickers. It seems apparent that we should instead be holding these criminals accountable for their actions and focus instead on creating meaningful legislation that will help victims and those with addictions to make our communities safer.

Criminal Code and Controlled Drugs and Substances ActGovernment Orders

December 14th, 2021 / 1:05 p.m.
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Scarborough—Rouge Park Ontario

Liberal

Gary Anandasangaree LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Madam Speaker, I congratulate my colleague on his re-election.

I want to pick up on a couple of his comments, especially with respect to evidence of the disproportional impact of MMPs on racialized communities, particularly indigenous and Black communities. There is overwhelming social science research and a number of court cases that have indicated that this does have a disproportional impact. Also, when I was part of developing the national anti-racism strategy in 2019, we heard from so many different communities across Canada on this.

I am wondering where the member is picking up the evidence that there is no impact in removing MMPs on these particular offences that he cited from The Globe and Mail. The overwhelming evidence is that there is a disproportional impact because of MMPs to racialized communities.

Criminal Code and Controlled Drugs and Substances ActGovernment Orders

December 14th, 2021 / 1:05 p.m.
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Conservative

Rob Morrison Conservative Kootenay—Columbia, BC

Madam Speaker, that is not exactly what I said. Just to clarify, it was a comment in The Globe and Mail. I am an evidence-based individual and believe in following the evidence as to how we move forward. I would ask the member to show me the evidence on how this bill would help people who are marginalized right now.

Criminal Code and Controlled Drugs and Substances ActGovernment Orders

December 14th, 2021 / 1:05 p.m.
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Bloc

Julie Vignola Bloc Beauport—Limoilou, QC

Madam Speaker, a very long time ago, a man named Thomas More wrote a book called Utopia. In the book, he basically says that a society's customs and habits can end up supporting crime.

Here is my question today. In some cases, is our society not supporting crime by failing to invest in social systems, by failing to provide support and supervision for young criminals, who could turn away from crime if they received the necessary support instead of being locked up for long periods of time with far more hardened criminals?

Criminal Code and Controlled Drugs and Substances ActGovernment Orders

December 14th, 2021 / 1:05 p.m.
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Conservative

Rob Morrison Conservative Kootenay—Columbia, BC

Madam Speaker, yes, absolutely we do need to help our youth. The opioid crisis is a great example. If we were to have a program that could help them and get them on the right track, a rehabilitation program that would get them through this so that they were being helped rather than continuing in the criminal justice system that would be a huge bonus.

Criminal Code and Controlled Drugs and Substances ActGovernment Orders

December 14th, 2021 / 1:05 p.m.
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NDP

Gord Johns NDP Courtenay—Alberni, BC

Madam Speaker, I want to thank my colleague for talking about the opioid and overdose crisis. Chief James Ramer from the Toronto Police Department wrote in a letter to Dr. de Villa, Toronto's medical health officer, that the force supports a new approach to decriminalization. He said:

We agree that the current approach to managing drug use does not support safe communities or advance the health of people who use drugs.

He cited that:

Decriminalization of the simple possession of all drugs - combined with the scale-up of prevention, harm reduction, and treatment services - is a more effective way to address the public health and public safety harms associated with substance use.

He said that a decriminalization model should include a safe supply of drugs, something health care workers have demanded for years.

Does my colleague support the Association of Chiefs of Police, medical health officers across this country and experts in their call to action to end the poison drug supply crisis and save lives?

Criminal Code and Controlled Drugs and Substances ActGovernment Orders

December 14th, 2021 / 1:10 p.m.
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Conservative

Rob Morrison Conservative Kootenay—Columbia, BC

Madam Speaker, having been a former member of the Canadian Association of Chiefs of Police, I am very familiar with where they are going and I agree that right now we are in decriminalization of most drugs because the courts cannot handle that. That is at the discretion of the members and that is where they are working right now.

I believe that we need to do a lot of work to support people with addictions and that criminal prosecution is not the answer in many cases, especially for those who are addicted to opioids, for example.

Criminal Code and Controlled Drugs and Substances ActGovernment Orders

December 14th, 2021 / 1:10 p.m.
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Green

Mike Morrice Green Kitchener Centre, ON

Madam Speaker, this being my first time rising to give a speech of this length, I wanted to pause to give some thanks. First of all, I thank my neighbours across Kitchener Centre for placing their trust in me to be our community's voice in this place, as well as the hundreds of people who joined to knock on doors and make phone calls. In particular, there was a core group: Jackie, Devon, Ros, Joanna, Janet, Zoe, Scott, Wayne, Noah, Greg, Brenden and Jenna. As well, I give a special thanks to Mats for all the work over the last three years leading up this point, and of course to Asha, who managed both campaigns. I would not be here without them.

I give a final thanks to my mom, my dad, my brothers Brad and Rob, and my sister Emily. They have been there alongside me every step of the way, including knocking on doors and making calls, all of which has led me to having the privilege to speak in moments like these, in this place, on our community's priorities.

This brings me to Bill C-5. I would like to start with what I appreciate about this proposed legislation, which is the stated goal of addressing systemic racism in Canada's criminal justice system. By targeting mandatory minimum penalties, I appreciate that the government is seeking to address the fact that in 2020, despite representing 5% of the Canadian adult population, indigenous adults accounted for 30% of federally incarcerated inmates; that the proportion of indigenous offenders admitted with an offence punishable by a mandatory minimum penalty has almost doubled between 2007-08 and 2016-17, from 14% to 26%; and, finally, that in 2018-19, Black inmates represented 7% of the federal offender population but only 3% of the Canadian population.

By removing the mandatory minimum penalties included in this bill, I appreciate the government’s intent to address these injustices. That being said, we need to be honest with ourselves. Mandatory minimum penalties do not deter crime, and all mandatory minimum penalties contribute to systemic racism. However, Bill C-5, as currently proposed, targets less than one in five of all mandatory minimum penalties in full. That is just 13 out of 73, less than one-third in full or in part, or 20 out of 73, and only 10 of the 28 that courts have already found unconstitutional.

In this way, it seems reasonable to assess this bill as one of half measures. I have been in this place for only just over three weeks, and I often hear the word “reconciliation” used. On this topic, I would like to read call to action 32 of the Truth and Reconciliation Commission, which states the following:

We call upon the federal government to amend the Criminal Code to allow trial judges, upon giving reasons, to depart from mandatory minimum sentences and restrictions on the use of conditional sentences.

I note, particularly for the members in this place who purport to support every single one of the calls to action, including, I assume, call to action 32, that this does not say one in five.

I would also like to read call to justice 5.14 of the National Inquiry into Missing and Murdered Indigenous Women and Girls, which states the following:

We call upon federal, provincial and territorial governments to thoroughly evaluate the impact of mandatory minimum sentences as it relates to the sentencing and over-incarceration of Indigenous women, girls, and 2SLGBTQQIA people and to take appropriate action to address their over-incarceration.

I have heard the members who are concerned about crime, including the most recent speaker in this House. To be clear: Removing mandatory minimum penalties is really about placing our trust where it should be, which is in the judiciary.

In place of mandatory minimum penalties, sentencing judges would still be required to impose a sentence that is proportionate to the degree of responsibility of the offender and the seriousness of the offence, taking into account all aggravating and mitigating factors. This includes the risk to public safety. It also includes the individual and all relevant circumstances of the case in front of them, including acknowledging and redressing the realities of colonialism and systemic racism in the lives of indigenous people, Black Canadians and other racialized groups.

A final point I would like to make is that this bill misses a significant opportunity, which is that even with mandatory minimum penalties removed, people across the country would still be going to jail for simple possession of illicit drugs and would continue to die from addiction and from a dangerous supply. We would continue to be applying an outdated understanding of drug use from the 1980s instead of applying the very clear public health advice from experts, including the Canadian Association of Chiefs of Police, which we have in front of us. That advice is to decriminalize illicit drugs, to offer a regulated safe supply, and to treat this like the mental health and addictions crisis that we know it to be.

So far this year, in my community alone, we have lost 120 community members to a poisoned drug supply. Since January 2016, across the country, over 25,000 lives have been lost, each one a preventable death. For this reason, I support the calls made by others in this House, encouraging the minister to move this bill to committee before second reading so its scope can be expanded to include decriminalization.

In closing, I would like to offer two considerations to the government. The first is to consider expanding the list of mandatory minimum penalties to be repealed by this bill to address the government's stated intent of addressing systemic racism. The second is to consider offering clear evidence that the small fraction of mandatory minimum penalties currently included to be repealed by Bill C-5 would in fact reduce the overrepresentation of Black and indigenous people in federal prisons.