Bill C-5 (Historical)

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

This enactment amends the Criminal Code and the Controlled Drugs and Substances Act to, among other things, repeal certain mandatory minimum penalties, allow for a greater use of conditional sentences and establish diversion measures for simple drug possession offences.

Business of the House

[Mark Holland, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, the cornerstone of democracy is voting and showing up to this place and participating, and that is of course what we do. Whether it is Bill C-11 or Bill C-21, there will be an opportunity, obviously, to continue debating legislation.

On Bill C-11 specifically, there were nine days at committee and many days at second reading. We have opportunities at third reading, and it will be going to the Senate. It is taking essential action to protect Canadian creators and Canadian heritage. We are proud to support this bill, and part of the thrust and parry of this place is that sometimes we disagree. That is not a representation of a decline in democracy; it is proof of it working.

This afternoon, we will continue with the report stage of Bill C-5 in respect of mandatory minimums. We will then call second reading of Bill C-21, the firearms legislation.

Tomorrow, we will debate government Motion No. 16 regarding proceedings for Bill C-11, as I was mentioning, on the Broadcasting Act.

When we return next week, we will focus on this government motion debate and continue our work on Bill C-5 and Bill C-11, as well as on Bill C-14 concerning electoral representation.

Justice

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

Mr. Speaker, the minister is talking about Bill C-21, but I am asking him about Bill C-5.

Gang crime in the streets of Montreal is currently on the rise. Gang members are walking around with their guns and showing them off to everyone. They are not afraid, because the message the Liberal government is sending is that there is no problem and that people can commit gun crimes and will not receive a minimum sentence.

Why is the government going forward with Bill C-5 when it will increase crime on the streets of Montreal?

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

Mr. Speaker, there was another shooting in the east end of Montreal last night. A woman from Rivière-des-Prairies who was sitting on her balcony went inside to hide out of fear of being shot.

The Prime Minister's proposed Bill C‑5 would get rid of mandatory minimum sentences like the one for discharging a firearm with intent.

The Prime Minister is telling us that Bill C‑5 has nothing to do with serious crimes. Is discharging a firearm with intent not a serious crime?

[Luc Berthold, Conservative, Mégantic—L'Érable, QC]

Mr. Speaker, all we ever hear from the minister is “if”. She never gives real answers. Let us talk about real-life things.

Even as shootings are on the rise in Montreal, the Liberals are in such a hurry to release criminals that they are going to gag the opposition to pass Bill C‑5, which imposes mandatory minimum sentences.

Here is what one Montrealer said on TVA: “My mother and I were sitting on the porch after supper, and we had to go inside and hide because there was shooting. There was gunshot after gunshot.”

This is not a war zone we are talking about; it is Montreal, Quebec, Canada. Why are the Liberals more interested in helping criminals than in offering reassurance to this woman and all Montrealers?

Bill C-5—Time Allocation Motion

[Sébastien Lemire, Bloc, Abitibi—Témiscamingue, QC]

Madam Speaker, Bill C-5, in and of itself, is an interesting bill, but we get the feeling that it comes with a poison pill, which bothers me. Two bills that do not necessarily have anything to do with one another are being lumped together to get the less popular one passed.

As the government House leader, the member is responsible for the government's strategy.

Why is the government trying to hand us poison pills yet again? Why can we not have transparent debates in the best interests of Canadians on issues that affect them?

[Rob Moore, Conservative, Fundy Royal, NB]

Madam Speaker, the hon. member keeps perpetuating the same myth. He mentioned Newt Gingrich and former prime minister Stephen Harper. The mandatory minimums that would be eliminated in Bill C-5, and it is important for Canadians to know this, are not from a Conservative government. They are from a Liberal government. I do not know why Liberals cannot accept that part of their past.

The mandatory minimums for extortion with a firearm, discharging a firearm with intent, and robbery with a firearm were introduced by Liberal governments. I know the hon. member served with former Liberal MP and parliamentary secretary for justice Marlene Jennings. He knows her. She said, “It was a Liberal government that brought in mandatory minimum sentencing for gun-related crimes. This is a whole category of them, where currently it is a minimum of one year. There is a second category of designated offences where it currently is four years. Liberals sought to increase the one year to two years and the four years to five years at committee.”

Is the hon. member suggesting that Marlene Jennings does not know what she is talking about?

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Madam Speaker, I very much support Bill C-5. I agree with everything the hon. government House leader has just said about the importance of criminal justice actually being effective in deterring crime and not resulting in the disproportionate convictions of people of colour and indigenous people in this country, which is clear on the record.

My concern is about using time allocation. It is true that it was started under the previous Conservative government, but I have to say that it has been pursued with a vengeance by the current Liberal government. I do not see any difference in how frequently time allocation is being used. My concern is, as it is with everything in this place, that those things that start as bad habits quickly become rules. We are essentially saying time after time that parliamentary debate and our Standing Orders for how legislation proceeds through this place are just inconvenient and slow things down.

I am not without sympathy for the government's point of view, because of the obstruction from other parties, but I will say this. I do not think we have an election looming. The Liberal-NDP confidence and supply agreement does not suggest that if we do not get this bill through before the end of June we will have a terrible calamity in getting the bill to the Senate.

I would ask the hon. House leader to reconsider the routine use of shutting down debate in this place.

[Randall Garrison, NDP, Esquimalt—Saanich—Sooke, BC]

Madam Speaker, there are very important things in Bill C-5 in the reduction of mandatory minimum sentences, which have terrible impacts on indigenous and racialized Canadians. However, I have to correct the record for the Conservatives and the Bloc members, who seem not to have paid attention to what happened in committee.

We did work collaboratively in committee, and government members accepted two amendments from the NDP, which have strengthened the bill. One of those amendments would get rid of criminal records for personal possession of drugs within two years, and the other strengthens the accountability mechanisms through record-keeping when police use their discretion to avoid charging people. Those are two important improvements in the bill.

When they talk about how Parliament is supposed to work, that is exactly how it worked in committee. We got a better bill, a stronger bill, and today I am going to support this motion for time allocation, because we have to get this done on behalf of those Canadians who suffer from the mandatory minimums that were introduced at one time by the Liberals but also, primarily, by the Conservatives.

[Alain Therrien, Bloc, La Prairie, QC]

Madam Speaker, I could talk about Bill C-5 and provide a detailed explanation as to why we should spend more time discussing it, but that is not even the issue anymore. It is as though we were starring in Groundhog Day, revisiting the same scenario over and over again. The government is bombarding us with gag orders day after day and limiting time for debate.

Members of Parliament are supposed to fine-tune the bills tabled by the government. On top of that, this is a minority government. It needs to be said: Quebeckers and Canadians gave this government a minority mandate so that members of Parliament can do their work properly, rein in the government when necessary, work together, and make the government understand that any bill can always be improved. However, that is not what we are seeing here today, and the Bloc Québécois can only deplore it.

I have a simple question. When will this never-ending string of gag orders stop?

[John Brassard, Conservative, Barrie—Innisfil, ON]

Madam Speaker, once again we are privy to a front-row seat to the decline in democracy. Bill C-5, the soft-on-crime bill, has gone through committee, and there have been thousands and millions of dissenting voices on this bill. There have been advocates and stakeholders, and there have been police chiefs and police forces across Canada that have spoken against this bill, because it does diminish mandatory minimum sentences.

Just to give an example, Bill C-5 would eliminate a number of mandatory minimum sentences related to gun crimes, including robbery with a firearm, extortion with a firearm, and weapons trafficking excluding firearms and ammunition. This would only embolden criminals, make them more brazen, in our communities in Canada.

The Liberals have been aided and abetted in this time allocation, this motion of closure, by their puppy-dog partners in the NDP. They have pulled the choke collar on the New Democrats to get them to conform and sit and be good partners in this. This decline in democracy, this assault, will not make our communities safer and will threaten the lives of Canadians across the country.

[Mark Holland, Liberal, Leader of the Government in the House of Commons]

moved:

That in relation to Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act, not more than five further hours shall be allotted to the consideration of the report stage and not more than one sitting day shall be allotted to the consideration of the third reading stage of the said bill; and

That, at the expiry of the five hours provided for the consideration at report stage and fifteen minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at the third reading stage of the said bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the said stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.

Bill C-5—Notice of Time Allocation

[Karina Gould, Liberal, Minister of Families]

Mr. Speaker, an agreement could not be reached under the provisions of Standing Order 78(1) or 78(2) with respect to the report stage and third reading stage of Bill C-5, an act to amend the Criminal Code and the Controlled Drugs and Substances Act.

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the respective stages of the said bill.

Justice

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

Mr. Speaker, let us hear what Stephan Fogaing, a member of Montreal's Black community, has to say about Bill C‑5: “In short, when the federal government contemplates doing away with some of the minimum sentences in the Criminal Code, we can only wonder whether they are more interested in protecting criminals than the public and victims of crime.”

Given what these people had to say, is the Prime Minister interested in listening to them, or does he prefer to protect criminals over victims?

[Dominique Vien, Conservative, Bellechasse—Les Etchemins—Lévis, QC]

Mr. Speaker, a 12-year-old girl found herself right in the middle of a shooting in Montreal. She was traumatized, of course. This is happening in our streets in Quebec.

Instead of tackling the problems of street gangs and illegal arms trafficking, this Liberal government is doing the opposite with its Bill C‑5. It is eliminating mandatory prison sentences for gun crimes.

How can this government be so disconnected from reality that it is doing the opposite of what is obviously common sense?

Public Safety

[Luc Berthold, Conservative, Mégantic—L'Érable, QC]

Mr. Speaker, I would like to share what I heard from the representative of a community that this government claims it wants to help. She says that eliminating these minimum sentences is not only a bad idea masquerading as a good one, but an idea that will further jeopardize the communities this initiative is supposed to protect. That is what we heard from Murielle Chatellier in a parliamentary committee.

On the one hand, the Prime Minister is abolishing mandatory minimum sentences with Bill C‑5; on the other, he does not mention victims of gun violence even once in Bill C‑21.

Why is the Prime Minister so intent on helping criminals rather than victims?