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

JusticeOral Questions

September 28th, 2022 / 3:10 p.m.


See context

Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

Mr. Speaker, there is a growing trend in Montreal called “scoring”, which consists of scoring points by shooting at innocent victims chosen at random. According to police sources, this trend may be the reason for an attack in the Rivière‑des‑Prairies neighbourhood, where an innocent 25-year-old woman was hit in the legs when shots were fired.

In response to this violent incident in Montreal, the Prime Minister wants to abolish minimum sentences for crimes like illegal importation of guns, intentional discharge of a gun and armed robbery.

Will the Prime Minister finally admit that he got it wrong with Bill C-5 and put it through the shredder?

JusticeOral Questions

September 28th, 2022 / 3:10 p.m.


See context

LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, the security of Canadians is our absolute priority. What we are doing with Bill C-5 is allowing for more resources to be spent on the very serious crimes that the hon. member is referring to. Those serious crimes will always carry with them serious consequences.

However, all that the failed Conservative tough-on-crime policies left us with was not greater public security but increased overrepresentation of indigenous and Black people in our criminal justice system. We are reversing that by putting the resources on the serious crime, where they ought to be.

JusticeOral Questions

September 28th, 2022 / 3:10 p.m.


See context

Conservative

Larry Brock Conservative Brantford—Brant, ON

Mr. Speaker, since the Liberals formed government, serious violent crime has substantially increased. Homicides alone are up 30%. This is a direct result of the government's soft-on-crime agenda and lack of empathy toward victims. Now, thanks to Bill C-5, weapons trafficking, robbery with a firearm, drive-by shootings, fentanyl trafficking and kidnapping will no longer be punishable by mandatory sentences.

Why does the government continue to advocate for criminals while recklessly neglecting the rights of victims?

JusticeOral Questions

September 28th, 2022 / 3:10 p.m.


See context

LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, the security of Canadians is our absolute priority and serious crimes will always carry with them serious consequences.

I reject the premise of the hon. member's question. What we are doing with Bill C-5 is putting an end to policies from the Harper government that have failed. They have failed to make Canadians safer and they have wasted valuable police and judicial resources on infractions that are better treated, not incarcerated.

What we are doing with Bill C-5 is being able to put more resources into serious crime, as Justice Michael Moldaver has recently said we ought to be doing.

JusticeOral Questions

September 28th, 2022 / 3:05 p.m.


See context

Conservative

Rob Moore Conservative Fundy Royal, NB

Mr. Speaker, last week in the justice minister's hometown, there was a shooting outside the Bell Centre, and yesterday a man was shot near the riding of the public safety minister. In fact, violent crime in Canada has increased 32% since the Liberals took office, but instead of reducing crime, Liberals are reducing the number of violent criminals going to jail, thanks to their soft-on-crime Bill C-5. We do not need fewer criminals in jail; we need fewer victims of crime.

On this side of the house, Conservatives will always put the safety of Canadians first. Will the Prime Minister finally withdraw the soft-on-crime Bill C-5?

Human TraffickingPetitionsRoutine Proceedings

September 27th, 2022 / 10 a.m.


See context

Conservative

Brad Vis Conservative Mission—Matsqui—Fraser Canyon, BC

Mr. Speaker, I am tabling two petitions today on behalf of British Colombians.

The first petition is regarding human trafficking. The petitioners call upon the Government of Canada to strengthen the Protection of Communities and Exploited Persons Act to address Canada's significant shortcomings on human trafficking, which were embarrassingly highlighted by the U.S. State Department's 2022 Trafficking in Persons Report. The petitioners also call upon the Government of Canada to remove any references to human trafficking from Bill C-5.

JusticeOral Questions

September 22nd, 2022 / 3 p.m.


See context

LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, the reality is quite the opposite of what the hon. member is saying.

Serious crimes will always have serious consequences in our system. What we are doing with Bill C-5 is abolishing an ineffective strategy that clogged up the criminal justice system, so we can focus on serious crimes that should have serious consequences.

JusticeOral Questions

September 22nd, 2022 / 3 p.m.


See context

Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

Mr. Speaker, Canadians still cannot believe that this Prime Minister wants to abolish minimum sentences for crimes such as illegally importing firearms, discharging a firearm with intent and committing robbery with a firearm.

With the upsurge in violent incidents and murders happening in broad daylight, the people of Montreal are living in fear. Meanwhile, members of street gangs and organized crime are delighted. They can hardly wait for Bill C-5 to be passed. It gives criminals more freedom and, in the meantime, people are staying home because they are afraid.

Will the Prime Minister promise to withdraw Bill C‑5?

JusticeOral Questions

September 22nd, 2022 / 3 p.m.


See context

LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, serious crimes, such as those described by my hon. colleague, will always carry serious consequences. What Bill C-5 would do is that in cases where a sentence would be less than two years and, most important, there would no threat to public safety or public security, it would allow for a better alternative to incarceration in those cases. This precisely allows us to focus our resources in the criminal justice system on those serious crimes, which we all agree we need to treat quite seriously.

JusticeOral Questions

September 22nd, 2022 / 3 p.m.


See context

Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Mr. Speaker, Canadians expect that criminals convicted of sexual assault, kidnapping and human trafficking serve their sentence from behind bars, but not these soft-on-crime Liberals, with their do no crime Bill C-5, which incredibly allows criminals convicted of these and other serious offences to serve their sentence from home.

Could the Liberals explain how letting loose into the community the likes of sexual predators, kidnappers and human traffickers protects public safety?

David Lametti Liberal LaSalle—Émard—Verdun, QC

Mr. Speaker, the fundamental point is that serious crimes will always carry serious consequences. What we are doing with Bill C-5 is ensuring that we have more resources to focus on those serious crimes and ensuring that our police authorities have more tools in their tool kit to deal with them.

A former justice of the Supreme Court, Michael Moldaver, in an article he published this week, told us that we should go precisely in that direction, to focus our resources on those serious crimes and incarcerate less people, and nobody can accuse Justice Moldaver of being soft on crime.

JusticeOral Questions

September 22nd, 2022 / 2:55 p.m.


See context

LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, serious crimes will always carry serious consequences. That is the basic principle.

What we are trying to do with Bill C-5 is to make sure we can concentrate our resources on those serious crimes, whether in the judicial system or in enforcing our police—

Criminal CodeGovernment Orders

June 22nd, 2022 / 6:45 p.m.


See context

Conservative

Chris Warkentin Conservative Grande Prairie—Mackenzie, AB

Madam Speaker, today we are debating Bill C-21. My Conservative colleagues have already laid out some of the bill's content and really the false narrative the Liberals have tried to advance in trying to pass this bill.

We know there is a significant crime problem in many of our urban centres, especially in those where we have seen a rise in shootings and gun crime. We also know that illegal weapons are the real problem. In the city of Toronto, the police have clearly stated that in over 85% of crimes involving a firearm in that city the weapons were smuggled in illegally from the United States. As a matter of fact, CBC reported that municipalities across the country report very similar stats. It said that, depending on the municipality, between 70% and 95% of all guns used in the commission of a crime have been imported from the United States.

The stats clearly prove that very few crimes were committed by those who are legally permitted to own them, who are the real targets of Bill C-21. Members will notice the Liberals never share that data. They never say that legal gun owners are not the problem because that is the group of people they like to target. They want to have Canadians believe that legal gun owners are the problem, are scary and need to be eliminated. They are stating in this bill that they want to see an end to the trading of these guns.

It is important that Canadians know that anybody who owns a weapon that is addressed in this bill has gone through extensive training and background checks, and the stats clearly indicate they are not the problem when it comes to crime in our cities. The Liberals have been fabricating a narrative that is completely hypocritical when we see what they have done. Bill C-21 does next to nothing to deal with smuggled firearms or target the criminals who import, sell and use them.

What makes the Liberals even more hypocritical is the fact that they have a bill to deal with these criminals, which is Bill C-5. In that bill the Liberals are reducing the mandatory minimum imprisonments for criminals who are involved in the following crimes: unauthorized possession of prohibited or restricted weapons; possession of prohibited or restricted firearms with ammunition; possession of firearms obtained by commission of an offence; firearms trafficking; possession of firearms for the purposes of trafficking; and knowingly importing and exporting an unauthorized firearm. They are reducing the penalties for the people who are actually the problem when it comes to gun crime in this country. It is clear to see the Liberals have no interest in dealing with the real problem, taking illegal weapons off of our streets.

As if we needed any additional evidence that the Liberal government would go to disturbing lengths to advance its own political agenda, in breaking news just yesterday afternoon we learned that the Liberals would jeopardize the independence of the institution of the RCMP for their political interests. The evidence in the report that was released included some of the scariest evidence of how low the government will go and how many boundaries it will break to advance its own political agenda. The Halifax Examiner exposed the rot that exists in the government and the manipulation it expects from the highest levels of what should be an independent trusted public institution.

The headline screams, “RCMP Commissioner Brenda Lucki tried to 'jeopardize' mass murder investigation to advance [the Prime Minister's] gun control efforts”. In her report, Jennifer Henderson stated:

RCMP Commissioner Brenda Lucki “made a promise” to Public Safety Minister Bill Blair and the Prime Minister's Office to leverage the mass murders of April 18/19, 2020 to get a gun control law passed.

A week after the murders, Lucki pressured RCMP in Nova Scotia to release details of the weapons used by the killer. But RCMP commanders in Nova Scotia refused to release such details, saying doing so would threaten their investigation into the murders.

The Trudeau government’s gun control objectives were spelled out in an order in council issued in May 2020....

Criminal CodeGovernment Orders

June 22nd, 2022 / 5:15 p.m.


See context

Conservative

Blaine Calkins Conservative Red Deer—Lacombe, AB

Mr. Speaker, this is an excellent idea and worthy of debate in the House. I look forward to my colleague in the Bloc Québécois tabling a private member's bill, or somebody in the House tabling a bill, to establish just such a thing.

As I said in my comments, I am checked as a law-abiding citizen every day to ensure that I am able to continue to legally possess firearms in this country, yet we do not have a system in this country that would keep track of people who are prohibited from having firearms because of their affiliation and association with criminal gang activities and prior convictions.

This government, through Bill C-71, now Bill C-5 before the House, would make it easier for criminals to be out on bail, to be out on parole and to have zero time served in jail. At the same time, the only people it would make life difficult for, when it comes to firearms, are law-abiding firearms owners in this country. It is shameful.

Criminal CodeGovernment Orders

June 21st, 2022 / 7:05 p.m.


See context

Bloc

Yves Perron Bloc Berthier—Maskinongé, QC

Mr. Speaker, I was saying that I do not understand why the government does not work with the opposition to table bills that will really make a difference.

I was talking about a definition for an assault weapon. That is important. Taking action is a Bloc proposal. We have a lot of proposals like that. Every time I rise, I am thrilled to list the Bloc's intelligent and well-thought-out proposals. I often sound brilliant when I do that, but our extraordinary research team really deserves a lot of credit.

Then there is organized crime. The people shooting at each other in Montreal are organized. They are in a gang. They want to eliminate the other gang and take over the neighbourhood. We have all watched plenty of movies and can imagine what motivates them to go and shoot someone in a restaurant, in front of children. The tragedy is that this is not a movie on Netflix. This really happens. We do not have to accept that.

As elected members of the federal Parliament, it is not only our duty but our moral obligation to act on this. We are debating Bill C‑21, which will affect 5% of the firearms being used. It is a small step forward, but it does not address the real problems. Lately, during almost every question period, my colleague from Rivière-du-Nord has been asking the Minister of Public Safety when he will create a list of recognized criminal entities.

Something similar exists for terrorist groups. It gives police something to work with. It gives prosecutors tools. It makes it easier to bring people to justice. We control the laws. We have the freedom to do that.

Why not give ourselves this gift? I do not understand. Who are we afraid of? Those are the questions we need to be asking ourselves.

We are dealing with a government that will go to the media and say it is taking action on guns by passing Bill C-21, when really, the bill does absolutely nothing. I can say this because every time my colleague from Rivière-du-Nord sits down after a question in question period, that is the answer he gets. He is told every time that the government has introduced Bill C-21 and that it hopes the Bloc Québécois will support its passage. Of course the Bloc Québécois is going to vote in favour, but we need more than that. We need to tackle the root cause of the problem.

We are dealing with a government that is all about image. It does not care about tackling problems. Just look at the passport crisis we are currently facing. That is the perfect example. How long have we been talking about that? Can the government do something about it, put resources into it, open the offices on weekends?

The minister stands up and says that the offices are open on weekends, but people are telling me over the phone that the offices are not open on weekends. Then we are not supposed to get upset. For 10 years, we have been calling for employment insurance reform. What is happening? Nothing. Last fall, fathers still had to prove they were using food banks in order to get benefits. Cuts are still being made to the guaranteed income supplement. The Liberals are going to stop making cuts in July. The machine is too big. No one knows how to press the button without messing up the entire calculation. It is going to take another cheque. It is totally ridiculous. Despite the inflation we are seeing right now, the government refuses to increase the old age security pension. I could go on at length.

I asked a question about support for agriculture today. It has been more than a month since people from agricultural organizations proposed practical solutions. They are not asking for money to be thrown at them. They are showing up with a list of solutions. More than a month has gone by, and there is still no response. It is radio silence. The management of the border during the COVID‑19 pandemic is another issue. I could go on until midnight. Are we sitting until midnight? I am game.

Let us come back to the bill. This bill has positive elements. Earlier, the parliamentary secretary spoke about red-flag and yellow-flag provisions. We are aware of these provisions, and that is why we will support the bill. At the same time, there are contradictions. Bill C‑21 increases the sentence for gun traffickers in an attempt to impress the public, whereas Bill C‑5 reduces the sentences.

We say that we agree with reducing sentences, but this is not the time to reduce them for crimes committed with a firearm. The response is that, in any event, it does not change criminals' minds.

The same argument does not hold from one bill to the other, which I have a hard time understanding. Everyone in the Bloc Québécois is reaching out to the government. We want to crack down on real organized crime, the real criminals, the thugs who traffic firearms and terrorize our cities. There is work to do and we are prepared to do it. Until then, we will vote in favour of Bill C‑21 because it is a step in the right direction.