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An Act to amend the Criminal Code and the Controlled Drugs and Substances Act

This bill is from the 44th Parliament, 1st session, which ended in January 2025.

Sponsor

David Lametti  Liberal

Status

This bill has received Royal Assent and is now 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 (2025) Law One Canadian Economy Act
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

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

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 5:40 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, on a point of order, we have Bill C-5 before us, which deals with minimum sentences. We have Bill C-21, which deals with guns. Now the member is going over some statistics. I realize there is a great deal of latitude. I am just pointing out that she might want to save parts of her speech for other pieces of legislation that are more—

Public SafetyOral Questions

November 22nd, 2022 / 3 p.m.


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Conservative

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

Mr. Speaker, on the contrary, it is the Liberals who have failed. Statistics Canada just released a report showing that homicides have increased over the past three years and that 40% were gang-related. More specifically, the rate of gang-related homicides was the highest in 16 years.

Street gangs are elated because they know that the Liberals are going eliminate minimum sentences, for example with Bill C‑5. Street gangs are laughing their heads off. They know very well that they will end up doing what they want and committing crimes.

When will the Prime Minister take things seriously for once, stop saying things that are not true and ensure that the streets are safe across Canada?

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 12:35 p.m.


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Conservative

Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC

Mr. Speaker, it is always a pleasure to rise on behalf of the people of Kamloops—Thompson—Cariboo. Today, we are here debating Bill C-20, an act that would establish the public complaints and review commission and amend certain acts and statutory instruments.

First, I want to recognize a first-year law student at Thompson Rivers University where I used to teach. I want to thank Najib Rahall, who is about to start contracts class, which I appreciate. He is now in Hansard. I thank him for turning in my wallet this weekend. He is taught by my friends Professor Craig Jones, K.C. and Professor Dr. Ryan Gauthier. I am sure he is also getting a first-class education.

I also want to recognize somebody else who is a constituent. He was also a colleague at the bar and at my work, maybe even taking my position as a Crown prosecutor. I want to recognize my friend, Anthony Varesi, on his new book on Bob Dylan. It is his second book. He wrote the first one in law school. I am not sure how he did that.

On the matter at hand, it seems the Liberals have been discussing this issue well before I arrived at Parliament. From what I can see, this matter has been discussed for about seven years. The bill was first tabled in the 42nd Parliament and died in the Senate. It was then tabled again during the 43rd Parliament. We all know what happened at that point. Despite Canadians clearly signalling they did not want to go to the polls and despite the fact there was a lot of work to be done, the Prime Minister coveted majority government and, with all candour, let that get in the way of the work of the House.

Having been here for a year, I am still learning, but what I can see is that there is a lot of work to be done. The work on this bill in the 43rd Parliament was interrupted by what amounted to a small seat change in hopes that the Prime Minister would get what he wanted. He was ultimately denied that, but there was a seat shuffle, and I am proud to stand here on behalf of the people of Kamloops—Thompson—Cariboo as part of that seat shuffle.

Now we have this bill tabled a year into the government's mandate. As I was preparing for this speech, I reflected on why it took the government a year to do this. The election was about 14 months ago. I am wondering whether this was a priority. In fact, I asked my Bloc colleague a question about this. This is an important matter to discuss.

Canada has what amounts to the longest undefended border in the world. I have had countless interactions with the RCMP and with CBSA officials, some of them in my personal capacity and others in my professional capacity. These interactions likely number into the hundreds, and all but one have generally been cordial or favourable professional interactions. That is why we are here, because not all interactions and not all things go as they should both personally and professionally.

I will take a moment to recognize the work of peace officers, civilian members and staff with the CBSA and with the RCMP. In my riding, there are detachments with the RCMP, like Clinton, 100 Mile House, Clearwater and Barriere. There are three detachments also in Kamloops, being Kamloops City, Tk'emlups rural, which is situated on the traditional land of the Tk’emlups te Secwepemc, and Kamloops traffic. All of these detachments cover 38,000 square kilometres of Kamloops—Thompson—Cariboo. I am grateful for the sacrifices of those who put on the uniform to keep us safe, with their backup officers often being an hour away through staffing or resource difficulties. They are there to keep people safe whenever they are in that area. These members see terrible things.

I was speaking to a bill I authored, Bill C-291, last week. I authored the bill and it was sponsored by the member for North Okanagan—Shuswap, and I thank him again for doing so. The bill proposes to change the definition of “child pornography” to “child sexual abuse material”, because what is occurring is not pornography, it is sexual abuse, and we should be calling it what it is.

One of the things I pointed out was that police doing this job were often at a constable level and they were reviewing horrendous images, images of unspeakable horrors. Usually, in my prior work, I did not have to view this sort of evidence, but police officers did, and they are not paid enough to do so, frankly, given the work they do. I thank them for that.

Let us face it, most peace officers, people and frontline workers doing the job just want to make it home. They do not want to hurt anybody. A lot of police officers I know would love to go through a shift without having to arrest anybody. That is often not something most police officers do. At the end of the day, people in the RCMP and CBSA have a mandate to keep us safe. They are expected to do more with less resources. While this is not always fair, it is the reality of our situation.

When it comes to our frontline officers and workers, we expect leadership. We expect them to engage professionally, to do their jobs, to be equipped and to be professional in all that they do. I wish I could see the same from the RCMP commissioner at this time. It seems to me that the commissioner is not always modelling that professionalism, being vulnerable to inappropriate influence from the former Minister of Public Safety. It is ironic that Bill C-20 talks about the overseeing of frontline officers, mainly constables, but I question whether senior Mounties or, in this case, the senior Mountie is herself immune from the oversight that is required.

I point to what the member for Kildonan—St. Paul said in committee in questioning the minister. I will do my best to paraphrase her, because I cannot be nearly as eloquent as the member. She noted that the commissioner was either influenced by the government or completely bungled the investigation into the mass shootings in Nova Scotia, a terrible incident, She asked why she had not been fired. This is the professionalism, oversight and leadership that Canadians want.

At the end of the day, we are here to talk about who oversees the overseers. This came up when we were debating Bill C-9 at committee in the past week or two. That bill proposes changes to the Judges Act that are long overdue.

Before I came to Parliament, I was unaware that there was no independent oversight for CBSA. Let us not forget that these are frontline peace officers. Oftentimes and typically, they will be people's first human point of contact once they get off the plane or at a land or sea border crossing. The provisions would require the RCMP commissioner and the CBSA president to respond to interim reports, reviews and recommendations within legislative timelines. This is quite important because we require, in my view, a consideration of some measure of independent oversight.

Most people here know that I come from a legal background. In my world view, the rule of law is obviously sacrosanct. Sometimes, we can have heated debates in this place, as we should, about how that should manifest itself. We may agree to disagree, but at the end of the day I think we can all agree that the rule of law is important. In fact, it is written into the preamble of the Charter of Rights and Freedoms.

In the courts, the rule of law is maintained in two ways, typically through an appellate function but also through ethical guidelines, for instance, the ethical guidelines that are being revised in Bill C-9. The overseers are overseen on legal matters by these two mechanisms.

The one question I do have when it comes to Bill C-20, and this came up in Bill C-9, is the question of consultations. I believe my colleague for the NDP raised this. I am not sure what, if any, consultations were done, but this obviously needs be explored at committee, if the legislation successfully passes on second reading. Let us face it that governments of all stripes often fail on these issues. We have seen it on the extreme intoxication bill. I call on the government to make this a priority.

CBSA has extraordinary powers, detention, arrest and search. These are sweeping powers where charter rights are often diminished. This bill would replace the existing Civilian Review and Complaints Commission for the RCMP with the complaints and review commission.

Let us examine the backdrop in which peace officers within the RCMP and CBSA are expected to do their job. It is important to evaluate that backdrop as we consider the independent oversight for peace officers doing their job.

My constituents frequently complain to me about what they have termed, and others have termed, catch and release. I hear about this from police officers from across the country. This is why I put forward Bill C-274, because our bail system must be reformed.

I have compassion for police officers doing their job and arresting the same person again and again, only to know that this person will be released shortly.

The government, though it is dealing with the oversight issue in Bill C-20, has not addressed key bail decisions in the last few years, which has led to a catch-and-release system. It is in the interest of all Canadians that the government do so.

There has been a 32% increase in violent crime since 2015. This is not lost on this side of the House. We have Bill C-5 and Bill C-21. The word “victim” is not in either piece of legislation.

It saddens me to say, and I am surprised to be saying this, that drive-by shootings can now result in a community-based sentence. That does not feel right in my heart, but, more important, from a legal perspective, it is not logical.

The Regina v. Nur decision struck down mandatory minimums for section 95 of the Criminal Code, possessing a restricted firearm with readily available ammunition, in this case a handgun. In that instance, the Supreme Court of Canada said that the appropriate sentence, as I recall, would be 40 months in jail.

That is what it said the appropriate sentence would be for a relatively young man. I believe the accused in that case was 19 or 20 years old. We are here debating, not long after Nur was struck down, whether that should actually result in a jail sentence when our highest court, which has frequently struck down these cases, said that this should have been 40 months in jail.

On the one hand, we have Conservatives who have often advocated for mandatory minimums. It was the Harper government that passed many of the mandatory minimums. On the other hand, we have, across the aisle, people who say that there should be no mandatory minimums.

I would advocate for a middle-ground approach, one that has mandatory minimums that operate in a constitutionally compliant manner. I have stated this to the Minister of Justice, that this is the appropriate middle ground. Unfortunately, he did not heed my exhortation to do so.

Police and CBSA officials are operating within an environment that has 124,000 more violent crimes than last year. This would make up almost my whole riding. Canadians are tired of this. Also, there were 789 homicides in Canada last year and 611 in 2015, which is a 29% increase.

Police and CBSA are in situations in which gun crime is a concern. I recall reading in the news a couple of years ago about a shooting of a teenager who was innocently driving with his parents. There was a person in my riding, a case of mistaken identity, who was shot down at a hotel. This is the situation our police are operating within. These were sons, brothers and friends.

There has been a 92% increase in gang-related homicides since 2015, yet when we come to the House to debate legislation on public safety, the debate is whether or not to relax these types of penalties rather than make them more stringent so that gang-related homicides would ultimately go down rather than up.

If members ask anyone in the system, I anticipate they will tell them that organized crime is so difficult to investigate. That is why they call it “organized”. There is intimidation, often a layer of distancing, money and organization.

If I were a police officer or a CBSA officer, I would be concerned with the proliferation of firearms. I remember one of the first cases I dealt with which involved now staff sergeant Kelly Butler, one of the best police officers I have encountered. She pulled a vehicle over and what was revealed inside the driver's jacket was a loaded sawed-off shotgun. I remember holding that firearm when it was in evidence. The firearm was illegal. The stock and the barrel had been cut off, so it was probably about 10 to 12 inches long. That is the environment our peace officers and CBSA officers are operating within.

Our border is porous, and there is a concern of what to do about it. The public safety minister has earmarked, as I recall, $5 billion to target law-abiding gun owners who are not accounting for crimes. Bill C-5 and Bill C-21 will be targeting that. Where could $5 billion be spent when it comes to our border and enforcement of illegal guns? I ask that question rhetorically because I have some pretty good ideas.

There has been a 61% increase in reporting sexual assaults since 2015. I have two bills on sexual offences. We obviously had the #MeToo movement in that time, which is always important. My wife was telling me that she saw a sign recently that said, “No means no”, but we have to go one step further and say, “Only yes means yes”. Only consent itself is consent.

To conclude, this proposed act would create an obligation for the RCMP commissioner and CBSA president to submit an annual report to the Minister of Public Safety. The report would inform the minister of actions that the RCMP and CBSA have taken within the year to respond to recommendations from the chairperson.

This is great, but one thing I learned in my first year in Parliament, while sitting on the veterans affairs committee is that, just because a recommendation is made, does not mean it will be acted upon. My hope is that, when these recommendations are made, they will actually be acted upon, otherwise they are worth nothing more than the piece of paper they are written upon. It is easy to use words, and we have frequently said that, but I call on the government to act.

JusticeOral Questions

November 21st, 2022 / 3 p.m.


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LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, that is exactly what we are doing. For the first time in the country's history, we have repealed mandatory minimum sentences, giving judges the flexibility to impose sentences that fit the crime.

The former Conservative Party's policy failed and contributed to the over-incarceration of indigenous and Black people in the system. With Bill C‑5, which received royal assent last Thursday, we are moving towards a fairer and more equitable country.

JusticeOral Questions

November 21st, 2022 / 3 p.m.


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Conservative

Richard Martel Conservative Chicoutimi—Le Fjord, QC

Mr. Speaker, to hear the Liberals tell it, we live in a world where everything is fine and nothing is wrong. I would like to bring them back to planet earth. After seven long years under this government, the rate of violent crime in Canada has increased by 32%. Again, it is up by 32%. The Liberals responded by passing Bill C‑5, which abolishes mandatory minimum sentences for importing illegal weapons.

Will the Liberals do their job and punish violent criminals to protect Canadians?

JusticeOral Questions

November 21st, 2022 / 3 p.m.


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LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, I would invite the hon. member to read Bill C-21, which is our attack on gun crime, in which we increased the maximum penalties for very serious gun offences.

Another important part of Bill C-5 is the reintroduction of the possibility of conditional sentence orders, which allow our judges, based on the person in front of them, to fashion a punishment that fits the crime. Again, it concentrates our valuable judicial resources on serious crimes. It is a direction that even Justice Michael Moldaver has exhorted us to do, because that is what the system—

JusticeOral Questions

November 21st, 2022 / 3 p.m.


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LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, Bill C-5 received historic royal assent last Thursday. For the first time, we have given back to judges the power to make the punishment fit the crime, allowing all of the judicial system to focus more closely on the serious crimes that the hon. member is referring to. This is a crucial step past the failed Conservative policies that have only led to the overincarceration of Black and indigenous people in the criminal justice system.

We are moving forward in the right direction for a more just Canada.

Second ReadingFall Economic Statement Implementation Act, 2022Government Orders

November 21st, 2022 / 1:20 p.m.


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Conservative

Stephanie Kusie Conservative Calgary Midnapore, AB

Madam Speaker, it is always a pleasure to speak in the House on behalf of the people of Calgary Midnapore.

It has been a month now that I have been in the role of shadow minister for the Treasury Board. I would like to once again thank the leader of the official opposition, the member for Carleton, for this role. It gives me an opportunity to work very closely with two of my favourite members of Parliament, the member for Leeds—Grenville—Thousand Islands and Rideau Lakes, the shadow minister for ethics, which we have been doing continuous work on ArriveCAN, and the member for Calgary Forest Lawn, who serves as our shadow minister for finance. It really is a pleasure to have this role.

I am sure members are aware of the crippling inflationary numbers in Canada, 6.9% in the most recent reports, down a slight bit from the 8.1% high we saw in June. Food, of course, is at a 40-year high.

I just came from the government operations committee, and the President of the Treasury Board was there on the supplementary estimates. I am sorry to report that the government has asked for another $21 billion, and I am not making that number up. We have a $36.4 billion deficit this year. That is because of $6.1 billion in new spending even though we are supposed to be moving past the pandemic now. One thing is clear about the Liberal government, and that is that it just does not get it.

As I said, inflation is at a 40-year high, and 1.5 million Canadians are using the food bank in a single month. In the GTA, pre-pandemic food bank usage was at 60,000 people per month. During the pandemic, it was at 120,000 people. Now, under the Liberal government, it is at 182,000 people per month.

Grocery prices are up 11%, the highest rate in 40 years. One in five Canadians are skipping meals and more than half of Canadians are living paycheque to paycheque. What is the Liberals' solution? It is to give up one's subscription to the Disney channel. As I have said, the Liberal government just does not get it.

Consumer insolvencies rose 22.5% compared with a year earlier. This is the largest percentage in 13 years. Small business insolvencies are on the rise. One in six businesses are considering closing their doors. This is very dear to me, since I come from a small business family.

The average credit card balance held by Canadians was at a record high of $2,121 at the end of September. The Royal Bank of Canada estimates that households will soon have to allocate 15% of their income to debt servicing alone. Nine in 10 Canadians are now tightening their household budgets, yet the Deputy Prime Minister is telling us not to worry, that Moody's gave us a AAA credit rating. Quite frankly, that will not put food on the table. The government just does not get it.

Mortgage interest rate costs rose by 11.4% on a year-over-year basis, the largest increase since February 1991. For those whose mortgages are up for renewal this year, they will pay $7,000 more compared to five years ago. Also, the average rent is now $2,000 a month. The average rent for a one bedroom in Toronto was $2,474 in September. In 2015, seven years ago, it was $1,100. In Vancouver, it is $2,300. In 2015, it was $1,079. Toronto has the worst housing bubble in the world and Vancouver is the sixth worst, according to UBS. However, the government is telling us not to worry, here is $500, when people need $2,474 for one month rent alone in Toronto. It just does not get it.

There has been a 32% increase in violent crime since 2015, which is 124,000 more violent crimes last year than in 2015. There were 778 homicides in Canada last year and 611 in 2015, a 29% increase. There has been a 92% increase in gang-related homicides since 2015 and a 61% increase in reported sexual assaults since 2015. Police-reported hate crimes have increased 72% over the last two years, yet the government pushes through Bill C-5, making it easier for offenders to stay home and play video games. The government just does not get it.

About 31,000 Canadians lost their lives to overdose between 2016 and 2022. There were 7,169 deaths from opioid overdose in Canada in 2021. Twenty-one people a day are dying from overdose, and before the pandemic it was 11. More than six million Canadians do not have access to a family doctor and, as brought to light by the member for Fort McMurray—Cold Lake, there has been a shortage of children's Tylenol and Advil. No other country anywhere in the globe is experiencing such shortages. However, people should not to worry, because if their child is sick, there is day care for $10 a day. The government just does not get it.

When it comes to immigration, there is a backlog of 2.6 million people. It has grown by 800,000 people under the current government. Fifty-seven per cent of the files in the system are beyond the processing timelines set by the government, and what is it doing? It is putting up incredible new targets that we know it will never achieve, which is not fair to the people who are applying or for the people who are backlogged in the system already. The government just does not get it.

Toronto's Pearson airport is ranked the most delayed airport in the world, with Montréal-Trudeau International Airport right behind it. We have seen how horrible it is to get a passport in recent days and how difficult it is for families who just want to get away on vacation after the difficult two years they have had. It has been impossible to get a passport. We know this, but what does the Minister of Transport say? He says it is Canadians' fault; they do not know how to travel anymore. The Liberal government just does not get it.

We have the second-slowest time for building permits of any country in the OECD. The average permit time is 250 days. In South Korea, it is 28 days, yet the government continues to shove money into the Canada Infrastructure Bank. It is millions of dollars after millions of dollars. The government just does not get it.

In 2015, there were 50 major LNG infrastructure projects under proposal, yet not a single one has been finished. It is the government that gave us Bill C-68, Bill C-49 and the carbon tax, bringing energy production to a halt in this nation at a time when we need it the most. The government just does not get it.

I will tell members what the Liberals do get. They know how to spend and they know how to tax. Under a Conservative government, there would be no new taxes. For every dollar of spending, we would find a dollar of savings. However, until that day, we are unfortunately stuck with the current government and the government just does not get it.

Sentencing ReformStatements by Members

November 18th, 2022 / 11:05 a.m.


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Liberal

Gary Anandasangaree Liberal Scarborough—Rouge Park, ON

Madam Speaker, yesterday, Bill C-5 passed in the Senate and received royal assent. For the first time in modern history, we repealed mandatory minimum penalties and empowered judges to impose sentences that fit the crime committed. These sentencing reforms will reverse failed Harper-era policies and address the overrepresentation of indigenous, Black and racialized Canadians in the justice system.

In keeping with our government's public health approach to simple drug possession, Bill C-5 allows for a greater use of early diversion programs. This is essential in the context of the overdose crisis, which is devastating communities across Canada.

I am grateful for the support of all parliamentarians in both chambers for their assistance to advance this bill expeditiously so that Canadians can see the important results of its passage.

With Bill C-5, we kept our promise to Canadians. We believe in a justice system that is tough when it needs to be tough but is always fair.

JusticeOral Questions

November 17th, 2022 / 3 p.m.


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Conservative

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

Mr. Speaker, in 2015, the violent crime rate in Canada was 1,070 per 100,000 inhabitants.

After seven long years under this Liberal government, the rate has increased by 32%. Things will only get worse when Bill C-5, which is backed by the NDP and even the Bloc Québécois, abolishes minimum sentences for illegally importing firearms. What message are we sending to people who live in at-risk communities? We are simply telling them good luck.

Can the Prime Minister do the right thing and scrap this bill?

JusticeOral Questions

November 17th, 2022 / 3 p.m.


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LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, the hon. member is indeed correct to point out that the return of conditional sentence orders is a critically important part of this bill. It will allow us not only to focus on serious sentences for people who deserve serious sentences, but also to allow flexibility for those people who do not pose a threat to public security and order. Those people can be better served, and their victims and communities can be better served, through other forms of punishment. That is what Bill C-5 will allow us to do once again.

JusticeOral Questions

November 17th, 2022 / 3 p.m.


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LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, indeed, I think today will be a historic day in which we turn the page on failed Conservative so-called tough-on-crime policies that have only served to overincarcerate indigenous and Black peoples in our criminal justice system and have clogged up the criminal justice system.

We are making changes in order to focus on more serious crime in order to make sure that serious crimes get serious punishments. Bill C-5 is a first and historic step.

JusticeOral Questions

November 17th, 2022 / 3 p.m.


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Conservative

Rob Moore Conservative Fundy Royal, NB

Mr. Speaker, under the Liberals violent crime is up 32% and the devastating opioid crisis is claiming 21 lives per day. Despite these facts, the out-of-touch Liberals are pushing their soft-on-crime Bill C-5 through the Senate today. This bill puts drug traffickers and serious firearms offenders back on the street to continue to harm Canadians.

Will the minister take this opportunity to withdraw his soft-on-crime Bill C-5?

Public SafetyStatements by Members

November 16th, 2022 / 2:10 p.m.


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Conservative

Rob Moore Conservative Fundy Royal, NB

Mr. Speaker, no government has done more than the Liberals to make life easier for violent criminals and harder for their victims.

They are letting mass murderers apply for parole and they refuse to stop illegal guns from coming across the border. Now they are trying to repeal laws that Conservatives brought in that required violent criminals to serve their time in jail and not from the comfort of their own home.

We strengthened these laws to protect innocent Canadians and the Supreme Court of Canada has just reaffirmed that these laws are, in fact, constitutional. With violent crime up by 32% under the government’s watch, violent offenders need more accountability, not less.

Despite the facts, the Prime Minister wants to reverse these laws with his soft-on-crime bill, Bill C-5. If this bill were to pass, not only would violent offenders become eligible to serve time from the comfort of their homes, but also those charged with violent gun crimes, like drive-by shootings or a robbery with a firearm, will not be required to serve mandatory jail time at all.

The Prime Minister must finally do the right thing and withdraw his soft-on-crime bill, Bill C-5.

Public Complaints and Review Commission ActGovernment Orders

November 3rd, 2022 / 1:35 p.m.


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Conservative

Raquel Dancho Conservative Kildonan—St. Paul, MB

Madam Speaker, as I was saying, it is very important that we have strong mechanisms to hold those in law enforcement roles accountable. I think that everyone would agree on that. These are the individuals who we empower to enforce law and order, so we need to have an equally powerful oversight body to ensure that there are no abuses of that power.

Before I go into the rest of this, I do want to very sincerely thank all of the men and women in the country who wear a uniform to keep Canadians safe.

It is very important that, as parliamentarians, when we talk about oversight, we also talk about the incredible sacrifices that RCMP and CBSA officers make. RCMP officers, with their families, are carted around the country to various small towns, often in rural and northern Canada. We need those officers to keep those communities safe, and they make a lot of sacrifices for their families. We know that CBSA officers, as well, are often in border towns or border communities that are far away from where a CBSA officer would normally live. There is a lot of movement around and a lot of weeks away from home.

As we know, CBSA officers and our RCMP officers are consistently putting themselves in danger, again, to keep us safe, so I thank all of the officers out there who don a uniform and do that for our country.

Certainly, as I was saying, the oversight body is very important. Particularly, we have been talking a lot about CBSA in recent years and their role in preventing things such as gun violence, for example.

It has been discussed with many policing bodies the great threat of having, frankly, the largest undefended border in the world with a country that owns more firearms than they have people, which is just part of their culture and their history, and that is not up for debate in the House, but what is up for debate is how it impacts Canada and the important role that CBSA has in ensuring that none of those firearms make their way into Canada illegally.

Unfortunately, in cities such as Toronto and Montreal, we are seeing significant issues, and deaths and murders, from evil criminal elements and gangs that take advantage of our porous border and smuggle into the country firearms that are not just restricted, but prohibited. They are using them illegally, possessing them illegally and really damaging, particularly, our vulnerable communities in Montreal, Toronto and other cities across the country.

It is not just those neighbourhoods that are particularly vulnerable. We are seeing gun violence across the country in rural Canada. We are seeing it leak into suburbs, which normally feel very secure and safe from these types of elements. That is what is happening with the criminal elements in our cities, and they are being fuelled by what seems to be the ability to quite easily smuggle or drone in guns, either at our border and at our ports of entry.

We also know that this is deeply tied to drug smuggling and drug trafficking across our border as well. CBSA has a huge role to prevent that as well. We are depending on our CBSA officers to prevent significant criminal activity that can contribute to death and mayhem in our cities. We are empowering them to do that. We need to make sure that they have the resources, equipment and training to fulfill those important duties for Canadians.

Unfortunately, we do not hear nearly enough about it from the government. It is far too focused on going after law-abiding, trained, tested and vetted Canadian firearms owners than it is on the issue of our border. Perhaps that is a debate for another time. Given that we are talking about oversight of the CBSA today, I think it is worthwhile to bring in the important work that it does and how much we need to prioritize resources to the border to ensure that we are keeping Canadians safe from the impacts of gun smuggling and drug smuggling.

We have also been talking a lot in recent weeks and, frankly, months about the RCMP. We know that the RCMP is facing a significant recruitment and retention issue. I have a lot of RCMP and Winnipeg police officers in my riding. They are incredible men and women, but they are saying morale is quite low. Where is the oversight and the responsibility from the government, and other levels of government, to ensure that RCMP and civic police officers are feeling valued in their role?

That is something that deeply concerns me. We are facing a deficit of police officers when, frankly, there has been a 32% rise in violent crimes since the Liberals formed government seven years ago, since the Prime Minister became the Prime Minister of Canada. Another stat I would like to share is that there were 124,000 more violent crimes last year than there were in 2015 when the Liberals came into power. The need for police to keep our communities safe is greater than ever, yet we are facing serious retention issues.

We are talking about oversight of our RCMP, but we also need to be talking about policies that ensure our RCMP members are adequately supported. What happens when we have overworked police officers and when there are not enough of them, so they are being spread thinner and thinner and their workload is going up higher and higher? We get fatigue. We get depression. We get accelerated impacts of PTSD from the things they see. If we do not have officers who can rest and take care of their mental health, then we have serious impacts on their ability to adequately do their jobs and keep themselves safe, keep their fellow officers safe and ensure they are doing their duty to keep communities safe.

Any time we are talking about RCMP, CBSA or armed forces members, there needs to be an equal conversation about ensuring we are adequately supporting those officers and those members so that they are feeling valued and being supported enough so that they can adequately do their jobs to the best of their mental and physical abilities. Mistakes get made when they are tired. Mistakes get made when they are demoralized, frustrated, irritated and overworked. That is when the biggest mistakes happen. I think if we are going to talk about oversight, we have to talk about better support for our police officers and our officers at the border.

Certainly, when we are talking about the RCMP as well, there have been a lot of discussions of how we can better serve the vulnerable communities that are seeing the most impacts from violent crime. We could talk about the revolving door that also exhausts police officers. About five years ago, the Liberal government brought forward a bill, Bill C-75, that instituted bail reform. This is something I have been looking into in recent weeks and months, and I have been discussing with police officers the impacts they have seen with these bail reform changes.

It would seem that, quite significantly, Bill C-75 has contributed to the revolving door of crime. Those who are looking to break the law and perhaps harm others are in and out of jail over and over again. Police are encountering the same people, week after week, committing the same types of crimes. It is often just petty theft and petty crime, but often it could also be more significant crimes, like stabbings, shootings, rapes or other types of assault.

Can members imagine being police officers and risking their lives to arrest the same person over and over? What does that do to those police officers? What does it do to their morale and their ability to consistently keep their spirits up and do their jobs, when it is the same people over and over again? If we want to talk about oversight, we have to talk about adequately equipping our police officers with the resources they need, and that goes back to our criminal justice system and how it ensures the people they arrest in the first place stay in jail if they are a threat to society.

Then we have things like Bill C-5, which our party has really talked about a lot in terms of our belief in the threat it is going to pose, particularly to vulnerable communities. To refresh the memories of those watching, Bill C-5 would eliminate mandatory prison time for serious firearm offences, like assaulting a police officer with a weapon or drive-by shootings, so firing a gun with the intent to injure someone with a bullet would no longer mean mandatory prison time under the current Liberal government.

It would also allow that, for serious offences, rather than having a mandatory minimum sentence, there would be the option to serve house arrest. Therefore, in a vulnerable community, for example, if there are people who are criminals or part of a gang doing very bad things to those in that community, rather than going to prison, they could be serving house arrest in the community they have terrorized. I do not think that is fair to those communities. I do not think they want those criminal elements in their communities. It also would not provide any opportunity for rehabilitation, which is provided in our penitentiary system. In my opinion we should have far more rehabilitation opportunities in our penitentiaries, but that is a conversation for another time.

We also have a lot of concerns with leadership in the RCMP. I asked the minister today if this bill would provide any oversight to the RCMP commissioner, given the recent scandal and accusations, with corroborating evidence, that the RCMP commissioner politically interfered with the worst mass killing in Canadian history, notably the Nova Scotia 2020 mass killing. This is a very serious matter the Conservatives, together with the Bloc and the NDP, have been investigating for five months. Although the bill would improve the oversight of the RCMP, I do not think that would translate to the top leadership of the RCMP, unfortunately, though it is desperately needed.

In committee just the other day we were talking to the commissioner of the RCMP, and this was the second time she came to committee about the same interference scandal. She also went to the Mass Casualty Commission to discuss this as well, and it was quite a challenging experience. I was hoping for some sentiment that she was remorseful she had handled the situation the way she had or any sort of legitimate explanation that we could understand that would provide us some relief that she did not do this. Unfortunately, we did not get any of that.

Our only ability to hold her accountable is through the public safety committee, at least as the opposition. The government could fire the commissioner, but it has not taken those steps. We believe it should. Bill C-20 is talking about oversight; however, there is no oversight mechanism in it, that I am aware, for the RCMP commissioner in this circumstance.

Just to recap, a few years ago during the heat of the fallout, about 10 days into the tragedy that took 22 lives, including the life of a pregnant woman, we found out through the evidence we built through the MCC, that the RCMP commissioner, first and foremost, warned the government that sharing the weapons information about the evil killer in that situation, who, again, killed 22 people plus a pregnant women, would jeopardize the criminal investigation. She made it very clear that it should not be shared beyond the minister and the Prime Minister.

Unfortunately, a few days later she turned around. We now had an audio recording where she was reprimanding her Nova Scotia deputies on the ground for not sharing the information that she warned her bosses not to share. We asked her and the MCC asked her what changed her mind. She has not provided a single coherent answer about what changed her mind. We have theories, but she has not provided a single coherent response.

What we found out from the audio recording, and what was certainly corroborated before we got that audio recording by the Nova Scotia deputies and their meticulous notes, was that the commissioner was connecting the Liberals' forthcoming gun control policies. She did this because she wanted to help usher along the Liberal government's gun control policies.

When we have the commissioner of the RCMP, with 22 murdered Canadians and the largest criminal investigation in Canadian history in that regard, looking at this as an opportunity to further her political boss's gun control policy, we obviously have a lot of questions and concerns about that. We believe that is political interference. What really tied it back to the Liberal government were her own words saying that they requested that she do this.

The Liberal government has repeatedly denied this. We have her words in an audio recording. We have that corroborated with the Nova Scotia deputies who were in that meeting where she stated those things. They have written notes. They have testified at committee without a doubt in their minds, and given the audio we can see where they are coming from, that the commissioner of the RCMP sought to take advantage of the deaths of 22 people to further the Liberal political agenda. She also said that it was requested by the then-minister of public safety's office.

We have gone through this for five months. The evidence has trickled out and built the case. To us, it seems irrefutable that this happened, yet she still has her position. We find that disgusting and appalling. We do not understand how someone, the head of our law enforcement, could come to committee and worm her way around the facts on the ground, the audio recording that we have, that she directly connects these things. However, she said things like that was just a conversation, that was taken out of context, this is all a misunderstanding or it was just a miscommunication. That is what we were hearing. However, we have the audio recording and we have the testimony from the people who were in the room.

It is quite frustrating that we were not able to fully hold the most powerful RCMP officer in the country accountable. Perhaps that is a shortcoming of my own. Perhaps I could have done a better job. However, if we are going to talk about Bill C-20, the government also needs to talk about holding the RCMP commissioner accountable, which it has so far failed to do.

It would be one thing if it was just in this scenario that she was using that kind of slippery language to make excuses for her behaviour, which was, as we believe, on the order of the Liberal government and its ministers. She also mentioned the PMO in the audio, so perhaps it goes as far as the Prime Minister's Office. However, we were unable to get any further evidence to convince media and others that it is the case. Should any more evidence come up, rest assured, we will be revisiting that issue.

What I would say is that I think the reporters are finally experiencing a bit of what we experienced with the commissioner over the past five months.

Again talking about the oversight of the RCMP, recently a Globe and Mail story came out, which I think was yesterday or the day before, and now it seems that the commissioner is pulling the same sort of behaviour with the Emergencies Act. She apparently was texting with her counterpart at the OPP, the OPP commissioner, back in the height of the convoy when the government invoked the Emergencies Act. As a refresher, the Emergencies Act allows the government to supersede charter rights, which is a very big deal. That is why there is a built-in inquiry to hold the government accountable for doing it, to ensure the very high threshold of the Emergencies Act was met. We are going through that process right now and it is quite riveting.

The commissioner is sort of pulling the same stuff with the media. There are text messages between her and the OPP. The title of the article is, “Top Mountie can’t explain text messages in which she suggested federal government wanted retroactive support for Emergencies Act”. Where is the oversight on this?

She said the following to the OPP commissioner, which is unbelievable, “Has Minister Blair hit you up for a letter to support the EA?” My understanding from the article is that this is after the Emergencies Act was invoked by the Liberals. We have the commissioner of the RCMP asking for a retroactive support letter for the invocation of the Emergencies Act from the OPP commissioner. Two very powerful people are talking about backdating a letter retroactively to show that they are supporting this. That is pretty peculiar. Their integrity is pretty suspect and perhaps shows how desperate, which is speculation, the political bosses in that scenario were to build their case. We know that the Minister of Public Safety said mistruths in this House when he said that the police asked for the emergency powers, when in fact they did not. This is just building on that narrative a little more.

Further, she told reporters she never requested such a letter, yet we have texts that say that she did. How can there be texts that say she requested this letter, when she tells reporters that she did not? This is what we have been going through for five months with the commissioner. We say she said something and she says that is not what that meant, over and over again. We are talking about RCMP oversight. Where is the oversight for the RCMP commissioner?

I will conclude with this, because this is the part that shocked me the most. The head of the RCMP, the commissioner, texted the head of the OPP. Commissioner Lucki's texts show that she twice asked Commissioner Carrique about using a different messaging app that does not store deleted messages. In the context of talking about the emergency powers, is it not peculiar to anyone that the head of the RCMP is texting the head of the OPP saying they need use to an app where their messages can be permanently deleted? Is no one concerned about that?

The heads of law and order are talking about using an app to permanently delete records. That is insane to me and it is unbelievable that the commissioner is still the head of law and order in this country. It is appalling. She should absolutely resign or, better yet, be fired by the public safety minister.