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

Sponsor

David Lametti  Liberal

Status

This bill has received Royal Assent and is, or will soon become, law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

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

Similar bills

C-22 (43rd Parliament, 2nd session) An Act to amend the Criminal Code and the Controlled Drugs and Substances Act
C-236 (43rd Parliament, 2nd session) An Act to amend the Controlled Drugs and Substances Act (evidence-based diversion measures)
C-236 (43rd Parliament, 1st session) An Act to amend the Controlled Drugs and Substances Act (evidence-based diversion measures)

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-5s:

C-5 (2020) Law An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day for Truth and Reconciliation)
C-5 (2020) An Act to amend the Judges Act and the Criminal Code
C-5 (2016) An Act to repeal Division 20 of Part 3 of the Economic Action Plan 2015 Act, No. 1
C-5 (2013) Law Offshore Health and Safety Act

Votes

June 15, 2022 Passed 3rd reading and adoption of Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act
June 15, 2022 Failed Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act (recommittal to a committee)
June 13, 2022 Passed Concurrence at report stage of Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act
June 13, 2022 Failed Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act (report stage amendment)
June 9, 2022 Passed Time allocation for Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act
March 31, 2022 Passed 2nd reading of Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act
March 30, 2022 Passed Time allocation for Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act

JusticeAdjournment Proceedings

April 27th, 2022 / 7:05 p.m.


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Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Madam Speaker, one of the things I would note is that in northern Alberta we have an ongoing revolving door of criminals who continue to get out on bail, so I put forward initiatives around human traffickers having reverse onus bail. This bill would continue to allow human traffickers to get house arrest for being convicted of human trafficking.

In Alberta, our Alberta Law Enforcement Response Teams, or ALERT, have been doing incredible work apprehending traffickers and helping victims regain their lives. In one case last year, they arrested traffickers in Edmonton involved in the sex trafficking case that Staff Sgt. Lance Parker described as “truly sickening”. Staff Sgt. Parker went on to say, “We owe it to [the victim's] safety and well-being to have these suspects in custody and prevent any other women from suffering the same”. Changes in Bill C-5 would allow traffickers like this to serve their conviction at home.

I once again ask the parliamentary secretary if he believes pimps and sex traffickers should be serving their sentences at home. I know he says that judges would not allow this to happen, but the bill would allow for pimps and traffickers to serve their sentences at home.

JusticeAdjournment Proceedings

April 27th, 2022 / 7:05 p.m.


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Scarborough—Rouge Park Ontario

Liberal

Gary Anandasangaree LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Madam Speaker, I am pleased to have an opportunity to speak to Bill C-5, particularly to dispel some possible misunderstandings about the impact these sentencing reforms would have on the human trafficking regime in the Criminal Code.

Some critics of this bill suggest the proposed reforms would allow hardened human trafficking offenders, who may be linked to organized crime or who are otherwise observing harsh sentences, to serve their sentences at home. This is simply not true.

Currently, all offences that carry mandatory minimum penalties of imprisonment in the Criminal Code are ineligible for a conditional sentence. Bill C-5 would not change this. If the proposed reforms were to pass, offences carrying MMPs would continue to be ineligible for conditional sentences. To be completely clear, the offence of human trafficking, as well as any child-related trafficking offences, carries mandatory minimum penalties of imprisonment and thus would continue to be ineligible for a conditional sentence.

I want to make clear that when there is no MMP for any provision, CSOs can only be considered by the court in a specific set of circumstances. Namely, where a sentence of less than two years is appropriate, where serving the sentence in the community would not endanger the same of the community, and where such a sentence would be consistent with the fundamental purpose and principles of sentencing, including deterrence and denunciation.

Our government is committed to fighting human trafficking. With former bill, Bill C-75, which came into force in June of 2019, we took measures to facilitate the prosecution of human trafficking offences under the Criminal Code.

In September of 2019, we launched the national strategy to combat human trafficking, which brings together federal efforts and is supported by an investment of $57.22 million over five years and $10.28 million ongoing. This builds on previous investments of $14.51 million over five years and $2.8 million per year to establish a Canadian human trafficking hotline, which launched in May of 2019.

In February of 2021, we also launched the national human trafficking public awareness campaign to raise awareness among Canadian youth and parents of the misperceptions of human trafficking and increase understanding of the warning signs.

Our government has taken strong measures to combat human trafficking at it roots, instead of fuelling the ideological tough-on-crime narrative, which has not proven to be true empirically, has not served our communities and has not made us safer nor helped victims.

Let me be very clear. Human trafficking is a serious offence for which courts impose stiff, denunciatory terms of imprisonment in the majority of cases, and that is what we and all Canadians expect from a court system. I have the utmost faith that, after the passage of Bill C-5, sentencing courts would continue to impose fit and appropriate sentences that reflect the seriousness of each offence and the moral blameworthiness of the offender before them in all cases.

JusticeAdjournment Proceedings

April 27th, 2022 / 7 p.m.


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Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Madam Speaker, they say the devil is in the details, and Bill C-5 is an excellent example of this. While the parliamentary secretary will only want to talk about criminal justice reform, the reality is that buried deep in Bill C-5 are insidious changes that will deeply harm the most vulnerable. Bill C-5 would extend house arrest to a number of serious crimes, including criminal harassment, sexual assault, kidnapping, abduction of a person under 14 and trafficking in persons for material benefit, in section 279.02. Extending house arrest to those offences places victims at serious risk from their abuser or trafficker. When I asked the minister about this, he seemed unaware that this was in his own bill, and when I asked the parliamentary secretary about it, he claimed that Bill C-5 would help marginalized communities, except that these changes proposed in clause 14 of Bill C-5 would only lead to more harm to marginalized communities.

Victims of human trafficking deserve to have confidence that the justice system will put their safety first. Indigenous women are significantly overrepresented, estimated to be at least 50% of the victims of human trafficking in Canada. By letting the traffickers serve their sentences in the community, the government is telling victims that their lives and safety are not a priority. Victims of human trafficking experience anxiety, depression, substance abuse, suicidal tendencies and PTSD because of the abuse by their traffickers. They also experience physical abuse, torture and injuries such as broken bones, burns, scars and broken teeth. These are all very common injuries. Also, after conviction, pimps and sex traffickers will seek out their victims and continue to retraumatize them through psychological and emotional abuse.

The one hope victims have that gives them strength and courage to come forward and testify is that the trafficker will be locked away for a few years. Now the Liberals are destroying this hope for survivors by allowing their traffickers to live at home in the community. It is these victims, many of whom are indigenous or racialized, who will be further harmed by the changes in Bill C-5. If these changes go through, their traffickers will be eligible to serve their sentences in the community.

This past month, a human trafficking trial has been taking place in the small Ontario town of Cayuga for a young woman who was forced into prostitution. Like the vast majority of victims here in Canada, she knew her trafficker before he began trafficking her. He was her drug dealer when she was only 17. When she turned 18, she was convinced by the drug dealer that he was her boyfriend and that he could help her get her dream career. Instead, he and his friends advertised her body online for sexual services. For months she was forced to perform sexual acts on eight to 10 men per day in hotels throughout southern Ontario. She was blindfolded between locations. The five traffickers monitored her phone and profited from her exploitation.

Let us say this trial ends in the conviction of all five of these traffickers. Under Bill C-5, the court could sentence these traffickers solely to house arrest rather than prison. How is this mindful of the survivors of trafficking? The safety and healing of these survivors are not even accounted for in Bill C-5.

Human trafficking is a serious crime and it is happening within 10 minutes of where we live. It has long-term, serious effects on its victims and is much closer to home than we think. In no world should convicted traffickers stand a chance of not serving jail time.

JusticeOral Questions

April 1st, 2022 / 12:05 p.m.


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Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Madam Speaker, on Wednesday, the Minister of Justice denied that Bill C-5 would allow human traffickers to serve their sentences at home. It is crazy. The minister does not even know his own bill. Human trafficking is a vicious crime and traffickers prey on the most vulnerable. In Canada, a lot of them are indigenous women and girls.

Can the minister explain how giving sex traffickers house arrest will protect trafficking victims, and why does he think that this is okay?

Bill C‑5—Time Allocation MotionCriminal CodeGovernment Orders

March 30th, 2022 / 4:20 p.m.


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Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Mr. Speaker, every single day 20 Canadians lose their life to an opioid overdose. That is 7,000 Canadians a year, yet in the face of an opioid crisis, Bill C-5, shockingly, eliminates mandatory jail time for producers and manufacturers of schedule 1 drugs like fentanyl and crystal meth.

Why in the world is the government making life easier for the very producers and pushers of this poison that is killing Canadians every single day?

Bill C‑5—Time Allocation MotionCriminal CodeGovernment Orders

March 30th, 2022 / 4:20 p.m.


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NDP

Jenny Kwan NDP Vancouver East, BC

Mr. Speaker, the minister mentioned simple possession and that one of the goals of Bill C-5 is to reduce that issue. My colleague, the member for Courtenay—Alberni, has tabled a private member's bill, Bill C-216, to address exactly that issue and, in the process, address the overdose crisis that is happening right now all across the country. This will save lives, if we pass Bill C-216, and will reduce simple possession by decriminalizing it.

Will the minister support my colleague's bill?

Bill C‑5—Time Allocation MotionCriminal CodeGovernment Orders

March 30th, 2022 / 4:20 p.m.


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Bloc

Xavier Barsalou-Duval Bloc Pierre-Boucher—Les Patriotes—Verchères, QC

Mr. Speaker, Bill C‑5, on which the government is moving closure, is an important bill that should be studied in depth.

The government seems to have a growing appetite for closure motions all of a sudden. This worries me. In the past, the Liberals decried the Conservative majority governments' abuse of closure. However, once they came to power in 2015, the Liberals moved one closure motion after another, although they have not done it as often in the past few years.

I have to wonder whether they will start using their manufactured pseudo-majority to abuse closure as others have done in the past.

Bill C‑5—Time Allocation MotionCriminal CodeGovernment Orders

March 30th, 2022 / 4:10 p.m.


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Scarborough—Rouge Park Ontario

Liberal

Gary Anandasangaree LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Mr. Speaker, I want to take the Minister of Justice back to 2019 when we had a round table in Scarborough with a number of different stakeholders who were directly impacted by mandatory minimum sentences, particularly members of the Black community. We know that the statistics are quite relevant here because MMPs have disproportionately impacted members of the Black community, as well as indigenous communities.

Can the minister give us a sense of how the changes to MMPs in Bill C-5 would ensure that fair justice is administered when it comes to racialized and indigenous people, as well as talk about conditional sentencing orders and what kind of impact those would have on sentencing?

Bill C‑5—Time Allocation MotionCriminal CodeGovernment Orders

March 30th, 2022 / 4 p.m.


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LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalMinister of Justice and Attorney General of Canada

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 one further sitting day shall be allotted to the consideration at second reading stage of the bill; and

That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at second 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 shall be put forthwith and successively, without further debate or amendment.

Bill C‑5—Notice of Time Allocation MotionCriminal CodeGovernment Orders

March 29th, 2022 / 4:15 p.m.


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Saint Boniface—Saint Vital Manitoba

Liberal

Dan Vandal LiberalMinister of Northern Affairs

Madam Speaker, an agreement could not be reached under the provisions of Standing Orders 78(1) or 78(2) with respect to the second 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 said stage.

Business of the HouseOral Questions

March 24th, 2022 / 3:15 p.m.


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Ajax Ontario

Liberal

Mark Holland LiberalLeader of the Government in the House of Commons

Mr. Speaker, I wish a very happy birthday to Mitch. I hope he has the time to celebrate with his family over the weekend.

Tomorrow we will call Bill C-8, the economic and fiscal update, for the third day of debate at report stage, and we will continue on Monday, if that is necessary. Tuesday we will resume debate at second reading of Bill C-11, the online streaming act. Wednesday we will continue with debate on Bill C-5, which is mandatory minimum legislation, at second reading.

I would also inform the House that Thursday, March 31, will be an allotted day and next Friday, a week tomorrow, it is our intention to begin consideration of the second reading of Bill C-13, the official languages bill.

Health-based Approach to Substance Use ActPrivate Members' Business

March 2nd, 2022 / 6:20 p.m.


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Bloc

Luc Thériault Bloc Montcalm, QC

Madam Speaker, I rise to speak to Bill C‑216 from the member for Courtenay—Alberni, whom I like very much and have known since 2015. He is a noble-hearted man. I am confident that he brings his bill to us today, at the passage-in-principle stage, because he hopes to address this acutely alarming issue.

I will read out the summary because the bill has three parts. I would have thought the government would want to put these eggs in its Bill C‑5 basket, but apparently not. I am just thinking out loud, but the fact remains that the Bloc Québécois falls somewhere in between. I will explain its position.

First, this enactment amends the Controlled Drugs and Substances Act to repeal a provision that makes it an offence to possess certain substances. It also makes consequential amendments to other acts.

Second, it enacts the Expungement of Certain Drug-related Convictions Act. We debated this and talked about how someone who gets stopped for simple possession is in trouble not only on human level, because they have substance abuse issues, but also because they are left with a criminal record and all the associated stigma.

The third part is important in my opinion. Substance use is a complex problem and phenomenon, and a national strategy on substance use is important, but what I find most intriguing is that the bill requires the Minister of Health to develop a national strategy to address the harm caused by problematic substance use.

The thing is, in the bill itself, it says this whole strategy, including the decriminalization of simple possession, will be implemented the year after the act comes into force. For now, I need to think about this because it raises some issues.

I am going to do something I have never done in the House. Medical assistance in dying is another difficult issue, but I have never shared a personal experience. I want people to understand that things have evolved. There is a thing called sociology of law. We have come a long way, and it is great to hear all members of the House because nowadays, in 2022, we no longer see problems associated with drug use as a crime issue; we see them as a public health issue, a socioeconomic issue and, sometimes, a mental health issue.

I had the privilege of having an experience in my life that made me grow. It was in 1998, 24 years ago. After that, I could never again look at a homeless person with multiple addictions in the same way when I saw them on the street. Why?

I had some communications students come to me and ask me for some ethical guidance. They told me about a place called Chez ma cousine Evelyn, which served as a kind of buffer zone. Speaking of diversion, there was a pilot project at the time. In order to get a bed, a place, a room in that house—and there were not many beds—you had to be homeless, an addict, and HIV positive. You had to have all three of those problems.

We set out looking for people like that downtown, and we identified a huge number of young people under 35 who met those criteria. Unfortunately, there were no resources.

We approached these people and got them to speak with us. They could be anyone, including me or anyone here, a grandson, my daughter or a neighbour's daughter. These people had a life story that had nothing to do with their current state. Some were remarkable. I remember one person who had studied at Oxford. We would have coffee very early in the morning and she would teach me about philosophy, even though she was at the point where she did not care about anything other than her substance use.

These people were well known to the local police and therefore could go to sleep at Chez ma cousine Evelyn, consume substances there and be supervised by workers who helped manage their consumption. What is interesting, they told us, is that the first few times they injected, they would hide in the bedroom to do it, even though they were allowed do it there without any problem. If the police saw them on the street late at night, needing a ride, the police would bring them back to Chez ma cousine Evelyn.

To make a long story short, we worked with them for three months and only then, and not before, were we able to turn on the cameras. When they talked to us, it was as though the cameras were not there. We learned a lot during that time. Chez ma cousine Evelyn was able to take them in when they had hit rock bottom, felt defeated and had a millstone around their necks. Some people believe that all it takes is resolve and keeping one's head above water, but these people kept going under right away.

Seeing this reality was quite the experience for me. When these people hit bottom, there is no one there for them. They themselves acknowledge that they have alienated everyone. In some cases, we were able to ensure that the individual could die at Chez ma cousine Evelyn surrounded by family members, with whom they had managed to reconnect. Those were intensely human moments.

Because of this experience, I am saying yes to decriminalization. However, we need a way to achieve that. A very interesting report by the Canadian Centre on Substance Use and Addiction points out that legislative intervention, meaning decriminalization, is ultimately only one of the pillars of a comprehensive approach, which takes time and effort to implement. Portugal, for example, scaled up prevention, treatment and harm reduction services two years prior to decriminalization.

Implementation of a pan-Canadian strategy should therefore precede decriminalization to ensure that the federal government or other levels of government do not shirk their responsibility by arguing that those people are no longer in the legal system.

That is the main problem we see in this bill. It is also the reason we would like to improve it. We will reflect on this.

JusticeAdjournment Proceedings

February 16th, 2022 / 6:45 p.m.


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Liberal

Gary Anandasangaree Liberal Scarborough—Rouge Park, ON

Madam Speaker, I appreciate the opportunity to ensure that the idea behind Bill C-5 is put forward this evening.

Bill C-5 advances an evidence-based approach to sentencing policies in Canada. It proposes to repeal MMPs for certain firearm offences and all those in the Controlled Drugs and Substances Act in order to address unjust outcomes for indigenous peoples, Black Canadians and marginalized Canadians by remedying their overrepresentation in custody, including for offences punishable by an MMP.

MMPs have high economic and social costs, and they offer little or no return on our investment. They perpetuate unfair outcomes and offer a less effective criminal justice system. Bill C-5 is an important step that breaks away from rigid, one-size-fits-all sentencing policies that treat lower-risk and first-time offenders the same as hardened drug offenders. The reforms in this—

JusticeAdjournment Proceedings

February 16th, 2022 / 6:40 p.m.


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Scarborough—Rouge Park Ontario

Liberal

Gary Anandasangaree LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Madam Speaker, I want to start by acknowledging that I am speaking to members from the traditional lands of the Algonquin people.

I am pleased to have an opportunity to speak to Bill C-5. I intend to focus on some areas where there appears to be some misunderstanding about the impact that repealing mandatory minimum penalties from the Criminal Code will have on our justice system and society more broadly.

I want to direct the member to take part in the committee, as well as the process where amendments can be made. We would welcome and review all amendments put forward by members at committee.

Let me make this clear from the outset. Repealing MMPs for certain offences does not signal that these offences are less serious. Instead, the government is aiming to restore judicial discretion to impose fit and appropriate sentences in more cases. These changes will also help address systemic racism and discrimination in the criminal justice system. Our approach is smart on crime and we will not take lessons from the previous Conservative government's failed approaches.

In Canada, sentencing courts are always required to consider public safety when imposing a sentence and to ensure that the system reflects both the seriousness of the offence and the degree of responsibility of the offender. I have faith that sentencing courts will continue to impose fit and appropriate sentence. I would also note that the courts understand the seriousness of offences involving firearms. For example, the Supreme Court of Canada in R. v. Nur confirmed that serious penalties should be imposed for our firearm-related offences when circumstances warrant it.

Here are the facts. The MMPs targeted by this bill have disproportionately affected indigenous peoples, Black Canadians and members of marginalized communities. In 1999-2000, indigenous peoples represented 2% of the Canadian adult population, but they accounted for 17% of admissions to federal custody. Since then, those numbers have risen significantly. As most recent available data suggests, they now account for 5% of the Canadian adult population, but 30% of federally incarcerated individuals.

What is more is that Black Canadians are overrepresented in terms of federally incarcerated individuals, representing only 3% of the Canadian adult population but 7% of federally incarcerated individuals. They are also overrepresented in respective import-export offences subject to MMPs in the Controlled Drugs and Substances Act.

It is hard to ignore the evidence that shows negative trends that span well over a decade and have only been getting stronger. Repealing the MMPs in Bill C-5 would not reduce public safety. In fact, these reforms would contribute to enhancing public safety because data shows imprisonment, particularly for lower-risk offenders, is associated with higher rates of reoffending.

Bill C-5 offers an important way forward. It is evident from the calls for reform made by Canadian stakeholders, as well as organizations and commissions, such as the Truth and Reconciliation Commission of Canada, that they believe these reforms will move criminal justice in the right direction. Having said that, I look forward to the member's feedback during the committee stage of this bill.

JusticeAdjournment Proceedings

February 16th, 2022 / 6:40 p.m.


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Conservative

Alex Ruff Conservative Bruce—Grey—Owen Sound, ON

Madam Speaker, I asked for this time in Adjournment Proceedings to give the minister another opportunity to answer a very simple question I asked him in the House in December with respect to Bill C-5: Is he willing to accept an amendment?