Bill C-5

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

[Tom Kmiec, Conservative, Calgary Shepard, AB]

Madam Speaker, five seconds is not enough. I will have to find another Yiddish proverb.

The member is correct. It was Bill C-235, proposed by Mr. Bagnell from the Yukon. He will forgive me for saying, “from the Yukon”. I understand we are not supposed to say that, as it is the Yukon territory. It was an excellent piece of legislation because it carved out special treatment for offenders who have fetal alcohol syndrome. They should be treated differently in the judicial system.

[Yasir Naqvi, Liberal, Parliamentary Secretary to the President of the Queen’s Privy Council for Canada and Minister of Emergency Preparedness]

Madam Speaker, I am pleased to rise to discuss Bill C-5.

It proposes important reforms to reduce the over-incarceration of indigenous people, Black Canadians and members of marginalized communities.

I am going to spend my time primarily talking about conditional sentence orders. I would like to bring to this conversation today my experience as the Minister of Community Safety and Correctional Services and the Attorney General of Ontario. As we all know, responsibilities in the administration of justice lie at the provincial level. In my comments, I will share some of the frustrations I felt, when I was in my provincial roles, with some of the changes that were made during the Harper government that are trying to be undone by Bill C-5.

As we all know, a fair and effective criminal justice system is critical to ensuring that Canadians feel safe in their communities, have confidence in their justice system and trust that offenders are being held accountable in a manner that is equitable and transparent and that promotes public safety in Canada. The unfortunate reality is that far too many people face discrimination and systemic racism at all stages of our criminal justice system. This problem has been exacerbated by tough-on-crime sentencing policies, including the indiscriminate and broad use of mandatory minimum penalties of imprisonment, generally known as MMPs, and added restrictions placed on the availability of conditional sentence orders, or CSOs. These restrictions were meant to keep Canadians safe, so to speak, but this missed the point because conditional sentences are never permitted in cases where public safety is put at risk.

These restrictions have prevented judges from imposing non-custodial, community-based sentences, even in cases where these sentences would otherwise be appropriate under the circumstances. This one-size-fits-all approach to sentencing denies the reality that offences can be committed in a broad range of circumstances with varying degrees of seriousness. Someone who steals to feed their family is less blameworthy than someone who steals goods to sell on the black market. One-size-fits-all sentencing has too often used the latter example as the baseline for sentencing laws and this has created problems in our justice system. MMPs also run counter to the fundamental principle of sentencing, namely that sentences must be individually tailored to the particular circumstances of the offence and the degree of responsibility of the offender before the court.

Bill C-5 is an important step forward to provide alternatives to incarceration where appropriate, including for indigenous people and Black Canadians. One important component of the proposed reforms is a series of amendments to the conditional sentencing regime that would allow the regime to fulfill its original purpose, namely to address the overreliance on incarceration for less serious crimes.

To better explain the importance of Bill C-5's amendments in this area, let me take a moment to speak about their original legislative purpose. CSOs were enacted in 1996, and I believe Allan Rock was the Minister of Justice in the House at that time. They were enacted as part of a comprehensive set of reforms that recognized the need to address Canada's inflated incarceration rate, particularly as it related to indigenous people.

A CSO allows an offender who does not pose a threat to public safety to serve a prison term of less than two years in the community under strict conditions, including house arrest and curfew. The law governing CSOs provides judges with the ability to impose a broad range of conditions that balance public safety against other important objectives, including rehabilitation. For example, a judge can require an offender to attend an approved treatment program, which can help address the underlying reasons that led to offending in the first place. This makes good sense to me. As Minister of Community Safety and Correctional Services and the Attorney General of Ontario, I addressed this, because if an inmate or offender is sentenced two years less a day, that person goes to a provincial prison.

In my previous roles, I visited enough jails in Ontario to know they are not the best places to be. For someone who is facing an addiction or mental health issue, jail is not a place where they will get the right care, as opposed to being in a community. Evidence shows that allowing offenders who do not pose a risk to public safety to serve their sentences in the community under strict conditions, while maintaining access to employment and community and health-related support systems, is far more effective at reducing future criminality than harsh penalties such as incarceration.

Indeed, evidence gathered after the original enactment of CSOs supports this finding. Within the first few years of the implementation of CSOs, recidivism rates declined and the incarceration rate decreased by 13%. Criminal Code amendments enacted by the Conservative governments in 2007, with former Bill C-9, and in 2012, with former Bill C-10, have since severely restricted the availability of CSOs. These amendments made CSOs unavailable for all offences prosecuted by way of indictment that are punishable by a maximum term of imprisonment of 14 years or life, as well as those punishable by a maximum term of imprisonment of 10 years if the offences resulted in bodily harm or involved drugs or the use of a weapon. The reforms also introduced a list of ineligible offences to the CSO regime, including for non-violent property crime.

Because of these restrictions, the use of CSOs was significantly diminished. Statistics Canada data shows that the number of cases resulting in a CSO decreased from 11,545 cases in 2004 to 7,022 cases in 2018. Studies have further shown that these restrictions have had a disproportionately negative impact on indigenous people. These restrictions have also resulted in an increased number of charter challenges and calls for reform.

Bill C-5 would return the CSO regime to what existed prior to the 2007 amendments while ensuring that CSOs are unavailable for offences of advocating genocide, torture and attempted murder, as well as terrorism and criminal-organization offences that are prosecuted by way of indictment and for which the maximum term of imprisonment is 10 years or more. They would also continue to be unavailable for any offence carrying a mandatory minimum penalty. CSOs would thus become accessible for all other offences where the sentencing judge determines that a custodial sentence of under two years is appropriate, provided that the court is also satisfied that imposing a CSO would not endanger public safety and would be in keeping with the fundamental purpose and principles of sentencing.

This approach would allow sentencing judges to consider all available sanctions other than imprisonment for all offenders, consistent with the sentencing principle of restraint, which requires sentencing courts to take into consideration all available sanctions other than imprisonment that are reasonable in the circumstances, with particular attention to the circumstances of indigenous offenders. These amendments strike the right balance between ensuring the availability of alternatives to incarceration where appropriate and recognizing the importance of public safety where serious offending is at issue.

This legislation is a key milestone in our government's ongoing efforts to transform the criminal justice system. I applaud our government for proposing reforms that would realign CSOs with Parliament's original intent, an approach that evidence shows would directly contribute to reducing the overrepresentation of indigenous people, Black Canadians and members of marginalized communities in our criminal justice system, and would afford more opportunity for rehabilitation and better reintegration in appropriate cases.

These are the kinds of things that, when I was the Attorney General of Ontario, we were asking the federal government to undertake. I am thrilled to see that this is taking place through Bill C-5. I am also quite thrilled that in my new role as a member of Parliament, I am able to speak to this bill and will be supporting it. I encourage other members to vote in favour of it as well.

[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?

[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.

[Lori Idlout, NDP, Nunavut, NU]

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?

[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.

[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?

[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—

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Alexandra Mendes]

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

[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.

[Gary Anandasangaree, Liberal, Parliamentary 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.

[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.

[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?

[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.

[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?