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

JusticeOral Questions

October 20th, 2022 / 2:50 p.m.


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LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, I congratulate the hon. member for being reappointed to his role as critic.

Unfortunately, I disagree with him on his view of Bill C-5. Bill C-5 is about serious crimes getting serious consequences and getting the attention and resources they deserve. We are doing that by taking the focus off of instances where incarceration is not the solution, hence the focus on removing a certain number of mandatory minimum penalties. Serious situations, where public safety is at issue, will still get serious consequences.

JusticeOral Questions

October 20th, 2022 / 2:45 p.m.


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Conservative

Rob Moore Conservative Fundy Royal, NB

Mr. Speaker, the evidence is in. The Liberals' soft-on-crime approach is not working. Violent crime is up 32% in Canada since they took office, yet incredibly, Bill C-5 would eliminate mandatory jail time for serious firearm and drug offences, even the offence of assaulting a police officer with a weapon.

For the sake of our communities, police officers and all law-abiding Canadians, I ask them to please, do the right thing. Will the minister withdraw his soft-on-crime Bill C-5?

HealthAdjournment Proceedings

October 19th, 2022 / 8:10 p.m.


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Milton Ontario

Liberal

Adam van Koeverden LiberalParliamentary Secretary to the Minister of Health and to the Minister of Sport

Madam Speaker, before I start, I would like to say thanks to my friend from Courtenay—Alberni. He is a tremendously passionate, outspoken and dogged ambassador, advocate and spokesperson for this cause. He knows that I respect him. He knows that I think he is doing incredible work here in the House, in his community and across the country regarding the overdose crisis. I am proud to be in the House with him and am proud to have an opportunity to discuss this important issue here tonight.

First, our hearts go out to all of the families and communities that have lost loved ones to the opioid crisis and through the tainted, poisoned drug supply that exists in our country. The Government of Canada remains deeply concerned about the devastating impact that the overdose crisis continues to have on people, families and communities across the country, and we recognize that substance use is first and foremost a health issue.

We are committed to a public health approach to substance use that is comprehensive, collaborative and compassionate, and are working with our key stakeholders, including people with lived and living experiences regarding substance use. It is a foundational part of our government's work. We continue to work with partners to look at ways to support programs and services and divert people who use drugs away from the criminal justice system and toward supportive and trusted relationships and health and social services, such as, as my colleague suggested, supervised consumption sites and safe supply.

Since January 1, 2016, the number of supervised consumption sites operating in Canada has increased from just one to 39. We have also funded a number of safer supply pilot projects that provide people who are at high risk of overdose with prescribed pharmaceutical-grade alternatives to the toxic and illegal drug supply on the streets. This emerging practice is a key area of interest for the Government of Canada, and evaluation efforts for these services are already under way. Indeed, there has been great progress in the last six months in British Columbia due in part to advocates like my friend from Courtenay—Alberni.

I want to reiterate that we have lost too many Canadians to overdose. We have heard from stakeholders that the criminalization of possession of drugs for personal use perpetuates stigma. It increases the risk of overdose and other harms and creates barriers to care. This government has been clear in its actions that substance use must be treated as a health issue first.

Recently, the House sent Bill C-5 to committee for review. Among other measures, Bill C-5 would require police and prosecutors to consider alternatives to laying charges or prosecuting individuals for drug possession, such as diversion to treatment, a warning or taking no further action.

I have spoken to police officers in my riding specifically about Bill C-216 and how we can face this crisis head-on with compassion and find a solution, not just lock people in jail. I will say that officers at Halton police services in Milton, the ones I spoke to, have been employing these practices of their own accord. They have strong feelings about the opioid epidemic, and it is important to recognize that Oakville, Milton and Burlington are, in large part, wealthy suburban communities. The opioid epidemic affects everyone.

That is why I will continue to work with provincial, territorial and municipal partners, like those in British Columbia and Vancouver, and other key stakeholders and regions throughout this country, to reduce risk, save lives and get people the support they need. Canadians can be assured that combatting the opioid overdose crisis remains a key priority for the government, for the Minister of Health and for me.

I know this is true of my colleague as well. I was proud not to be one of the people in the House to vote against my colleague's bill. I believed in it and continue to, and I am thrilled we are working together on it.

Foreign AffairsOral Questions

October 6th, 2022 / 3:05 p.m.


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Conservative

Jake Stewart Conservative Miramichi—Grand Lake, NB

Mr. Speaker, look at what is going on here today. We have a government that cannot say the IRGC is a terrorist group. We know from Bill C-5 that the Liberals are weak on crime. Now we know they are weak on terrorism. The IRGC fired a missile at a civilian airliner, murdering 176 people, including 55 Canadians and 30 permanent residents. This is personal for this country.

I have a simple question for the government. If the members of the IRGC are not terrorists, then who are?

JusticeOral Questions

September 29th, 2022 / 3:05 p.m.


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LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, I am a Quebecker, I am a Montrealer, and I am aware of what is happening in Montreal, both in my riding as well as in other ridings in Montreal.

Our goal with Bill C-5 is to increase resources to deal with serious crimes, which will always have serious consequences. With Bill C-21, we are increasing the maximum penalties for firearms offences.

We are moving in the right direction to get tough on the crimes that deserve it.

JusticeOral Questions

September 29th, 2022 / 3:05 p.m.


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Conservative

Richard Martel Conservative Chicoutimi—Le Fjord, QC

Mr. Speaker, the streets of Montreal are like a violent video game where the mission is to shoot anyone and anything.

Last week, a mother was taking a stroll with her partner in Longueuil when they were gunned down by a drive-by shooter. In response to this violence, what is the Prime Minister doing? He is proposing legislation that eliminates mandatory minimum sentences and reduces sentences for serious crimes in Canada.

Can the Prime Minister ask the families of the victims what they think of Bill C-5?

JusticeOral Questions

September 29th, 2022 / 3:05 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 actually look at the transcript of that Senate hearing. If he believes an indigenous woman with a problematic addiction, who is trying to keep bread on the table for her three children, sells some prescription drugs on the side and then gets tackled with a minimum mandatory penalty, is the kind of serious offender we need to lock up for that period of time, I would suggest he is absolutely wrong.

Bill C-5 would allow us to allow people like that mother to get the help they need, all the while spending more time, judicial resources and penal resources on the serious drug traffickers.

JusticeOral Questions

September 29th, 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, serious crimes in the country will always carry with them serious consequences. Indeed, the crimes the hon. member is talking about do attract serious penalties.

What we would be doing with Bill C-5 is entirely the opposite. Failed Conservative policies on tough-on-crime, with minimum mandatory penalties and no possibility of conditional sentence orders, have only clogged the justice system with less serious cases that have resulted in the over-incarceration of indigenous, Black and racialized people in our system.

We are removing those to spend more time and more resources precisely on the offences about which he is talking.

JusticeOral Questions

September 29th, 2022 / 3 p.m.


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Conservative

Alex Ruff Conservative Bruce—Grey—Owen Sound, ON

Mr. Speaker, as of September 19, Toronto police have recorded 31 homicides out of 302 shootings this year. Recent victims of gun violence include a Toronto police officer killed in a shooting rampage and a 17 year old who was killed in broad daylight in Scarborough. The vast majority of these shootings are conducted by repeat offenders and drug traffickers with illegal guns. What is the Liberal solution? Remove Chrétien and Trudeau Sr. mandatory minimums and target law-abiding hunters and firearms owners.

Considering these disturbing statistics, will the government remove its soft-on-crime Bill C-5?

JusticeOral Questions

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


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Conservative

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

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

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

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

JusticeOral Questions

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


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LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalMinister of Justice and Attorney General of Canada

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

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

JusticeOral Questions

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


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Conservative

Larry Brock Conservative Brantford—Brant, ON

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

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

JusticeOral Questions

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


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LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalMinister of Justice and Attorney General of Canada

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

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

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

JusticeOral Questions

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


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Conservative

Rob Moore Conservative Fundy Royal, NB

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

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

Human TraffickingPetitionsRoutine Proceedings

September 27th, 2022 / 10 a.m.


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Conservative

Brad Vis Conservative Mission—Matsqui—Fraser Canyon, BC

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

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