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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 SafetyOral Questions

May 31st, 2022 / 2:25 p.m.


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Papineau Québec

Liberal

Justin Trudeau LiberalPrime Minister

Mr. Speaker, it is absolutely true that we moved forward to present legislation that, once passed, will make it no longer legal to buy, sell, transfer or import handguns anywhere in Canada. At the same time, Bill C-5 would not stop police from charging people with gun offences or prosecutors from pursuing convictions. What it would do is make sure that criminals face serious penalties, while addressing the overrepresentation of Black Canadians and indigenous people in the criminal justice system.

Public SafetyOral Questions

May 31st, 2022 / 2:25 p.m.


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Portage—Lisgar Manitoba

Conservative

Candice Bergen ConservativeLeader of the Opposition

Mr. Speaker, yesterday, we saw the Liberals engage in a game of smoke and mirrors. On one hand, they are banning handguns. On the other hand, they are pushing through Bill C-5, which tells criminals not to worry; if they are convicted of a gun crime, they can just hang out at home for their sentence. This is not keeping communities safe and it is not reassuring to moms and dads who are worried about their kids.

Will the Prime Minister get serious about keeping vulnerable communities safe, scrap Bill C-5 and legislate tough penalties for gun criminals?

Justice and Human RightsCommittees of the HouseRoutine Proceedings

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


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Liberal

Anju Dhillon Liberal Dorval—Lachine—LaSalle, QC

Mr. Speaker, I have the honour to present, in both official languages, the second report of the Standing Committee on Justice and Human Rights in relation to Bill C-5, an act to amend the Criminal Code and the Controlled Drugs and Substances Act. The committee has studied the bill and has decided to report the bill back to the House with amendments.

Health-based Approach to Substance Use ActPrivate Members' Business

May 20th, 2022 / 2:15 p.m.


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Sherbrooke Québec

Liberal

Élisabeth Brière LiberalParliamentary Secretary to the Minister of Mental Health and Addictions and Associate Minister of Health

Madam Speaker, the opioid and toxic drug supply crisis is heartbreaking and has taken a tragic toll on the families, loved ones and communities of those we have lost across Canada. I would like to thank the member for Courtenay—Alberni for his advocacy on this critical issue and for prompting this important debate in the House of Commons.

The Government of Canada recognizes that the overdose crisis is one of the most serious public health threats in Canada's recent history. This unprecedented crisis is having devastating effects on people, friends and families, as well as on communities across the country.

Unfortunately, the most recent national data shows that there were 26,690 apparent opioid toxicity deaths between January 2016 and September 2021. Fentanyl and its analogues continue to be the primary causes of the crisis. Up to 86% of accidental apparent opioid toxicity deaths over the first nine months of 2021 are tied to fentanyl.

Our government recognizes that problematic substance use is, first and foremost, a public health issue. Since 2017, our government has moved forward with significant action, investing over $800 million to address the overdose crisis and substance use-related issues. We have improved access to treatment and harm reduction, improved access to a safer supply, reduced regulatory barriers to treatment, strengthened law enforcement, developed educational products and tools for health care providers, as well as the public, and advanced research and surveillance to build the evidence base.

These key investments include $282 million for the substance use and addictions program, which provides grants and contributions to other levels of government and to community organizations in order to address the illegal supply of toxic drugs and substance use issues.

Treatment is an essential way to help people struggling with problematic substance use who want to stop using drugs and live a healthier life. We have invested $200 million over five years, with $40 million ongoing each year, to improve the delivery of culturally adapted substance use treatment and prevention services in first nations communities.

Our government has also provided one-time funding of $150 million to the provinces and territories through the emergency treatment fund in order to improve access to evidence-based treatment services. The provinces and territories are also contributing an amount matching the federal funding beyond the first $250,000.

The evidence clearly shows that harm reduction measures save lives. Since 2017, supervised consumption sites in Canada have received more than 3.3 million visits and reversed almost 35,000 overdoses without a single death at a site. These sites also provide access to supportive and trusted relationships for people who use drugs, including opportunities to access treatment.

These sites made more than 148,000 referrals to social services and health care services. Since January 1, 2016, our government has increased the number of approved supervised consumption sites from one to 38. We also increased access to naloxone, a life-saving medication, including in remote and isolated indigenous communities.

Improving the safe supply will also be critical to saving lives, and we are investing more than $63 million to extend access to a safe supply of pharmaceutical-grade alternatives.

Treating addiction as a public health issue means we are also committed to diverting people who use drugs away from the criminal justice system and toward supportive and trusted relationships in health and social services.

In December 2021, the Minister of Justice and Attorney General of Canada introduced Bill C-5, an act to amend the Criminal Code and the Controlled Drugs and Substances Act. Among other measures, the bill would have the police and prosecutors consider alternative measures, including diverting individuals to treatment programs, giving a warning or taking no further action, instead of laying charges or prosecuting individuals for simple drug possession.

Our government also facilitated the passage of the Good Samaritan Drug Overdose Act in May 2017.

In August 2020, the Public Prosecution Service of Canada released guidelines for prosecutors indicating that alternatives to criminal prosecution should be considered for simple possession for personal use, unless there are serious aggravating factors.

We also recognize the different approaches that cities, provinces, territories and other organizations are taking to address the opioid crisis, including how they are approaching the potential decriminalization of personal possession in their communities. We continue to work with these partners, many who are pursuing comprehensive, regional decriminalization proposals for their jurisdictions.

The Controlled Drugs and Substances Act generally prohibits such activities, including personal possession of controlled substances, unless those activities have been specifically authorized through regulations or an exemption under the act. Section 56 of the Controlled Drugs and Substances Act gives the minister broad powers to exempt people for controlled substances from the application of any of the provisions of the act for medical or scientific purposes or if otherwise in the public interest. Currently, the federal government is reviewing requests for section 56 exemptions for the decriminalization of simple possession from the Province of British Columbia, the City of Vancouver and Toronto Public Health.

This private member's bill, Bill C-216, proposes to immediately decriminalize personal possession of controlled substances across Canada without addressing the complex issues of implementation. This does raise significant concerns. Decriminalization of the personal possession of illicit drugs at the national level requires a comprehensive and well-thought-out, multi-jurisdictional strategy around implementation. This includes ensuring adequate and appropriate health and social services resources; engagement, additional training and guidance of law enforcement; specific definitions of personal possession; public education and awareness strategies; as well as meaningful consultations with indigenous governments, partners and organizations.

Our government will ensure that these decisions are based on evidence and applied research. In getting this right, effective indicators, data and evaluation will be important to inform our approach going forward.

Other jurisdictions are evaluating evidence-based approaches, and we are working with our partners to find innovative solutions.

The mandate letter of the Minister of Mental Health and Addictions and Associate Minister of Health calls on the minister to advance a comprehensive strategy to address prohibitive substance use in Canada, support efforts to improve public education to reduce stigma, support provinces and territories, work with indigenous communities to provide access to a full range of evidence-based treatment and harm reduction, and create standards for substance use treatment programs.

We know that more must be done, and we will continue to work with the provinces and territories, experts, stakeholders, people with real-life experiences and local communities to put an end to this strategy.

Our government will use all the tools at its disposal to put an end to this public health crisis.

JusticeOral Questions

May 20th, 2022 / 11:45 a.m.


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Conservative

Stephanie Kusie Conservative Calgary Midnapore, AB

Madam Speaker, the government can try to deny it all it wants, but organizations like MADD Canada and Women's Shelters know the truth. With Bill C-5, the court may order that the offender serve the sentence as house arrest for offences such as sexual assault and harassment. This means that many women would be stuck in their community with their offender.

The Prime Minister claims he is a feminist, but his legislation would cause harm to women. If he is really a feminist, why would he do that?

JusticeOral Questions

May 20th, 2022 / 11:40 a.m.


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Conservative

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

Madam Speaker, when the Prime Minister calls racist for opposing this dangerous law, he does not realize that, by the same token, he is accusing members of his own caucus of the same thing.

Bill C-5 is nothing more than a public relations exercise that seeks to reduce incarceration statistics by letting violent criminals go free when they should be behind bars.

Since the Prime Minister likes to brag about having Canadians' support, is he aware that Stéphane Wall from the Communauté des citoyens en action contre les criminels violents said, and I quote, “There is absolutely a dichotomy between Bill C‑5 and the social context of gun violence”?

JusticeOral Questions

May 18th, 2022 / 2:40 p.m.


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Conservative

Rob Moore Conservative Fundy Royal, NB

Mr. Speaker, the Prime Minister is not standing with victims. Victims have spoken loud and clear. As a matter of fact, a poll published this week found that most Canadians feel that gun violence is getting worse in their communities. Rather than stopping illegal firearms from coming across the border, the Liberals' Bill C-5 will help repeat offenders charged with multiple violent gun crimes escape accountability.

We know the Prime Minister likes to govern by opinion polls, so will he finally do the right thing, reverse course and abandon the soft-on-crime Bill C-5?

JusticeOral Questions

May 18th, 2022 / 2:40 p.m.


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Conservative

Rob Moore Conservative Fundy Royal, NB

Mr. Speaker, the Liberals' Bill C-5 goes soft on violent crimes that are ripped right from the headlines. Just yesterday, a news headline read, “Montreal man charged with firearm offences after investigation into drive-by shootings”. This was right in the Prime Minister's own neighbourhood, yet Bill C-5 lets drive-by shooters off easy.

Why is he putting his own neighbours' lives at risk with the soft-on-crime bill, Bill C-5?

JusticeOral Questions

May 18th, 2022 / 2:35 p.m.


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Conservative

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

Mr. Speaker, 16-year-old Thomas was shot and killed in northern Montreal after an individual called out to him from an alleyway. Thomas lived in the riding of the member for Bourassa.

A 17-year-old teen was shot several times in his upper body in Laurier—Sainte‑Marie and later succumbed to his injuries.

Now the NDP-Liberal coalition, supported by the Bloc Québécois, wants to expedite the passage of Bill C-5, which will only serve to help street gangs carry out more shootings. Why?

JusticeOral Questions

May 18th, 2022 / 2:35 p.m.


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Conservative

Shannon Stubbs Conservative Lakeland, AB

Mr. Speaker, violent crime is increasing under the Prime Minister. Gun crime is up 83% since the Liberals took office. At the same time, they are going to make it allowable for criminals to get house arrest instead of going to jail for armed robbery, weapons trafficking, drug trafficking, breaking and entering, possession of illegal firearms and drive-by shootings.

He is going after law-abiding Canadians, but going soft on gangsters who do not care about his rules and paperwork. Will he scrap Bill C-5?

JusticeOral Questions

May 17th, 2022 / 2:30 p.m.


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Conservative

Rob Moore Conservative Fundy Royal, NB

Mr. Speaker, it is Victims and Survivors of Crime Week, but the Liberals refuse to do even the bare minimum to support them. The government has abandoned its responsibility to victims of crime, but it remains a champion to its friends, the criminals. The Liberals' Bill C-5 would mean lighter sentences for violent gun crimes and that offenders charged with human trafficking and sexual assault would be able to serve their time from the comfort of their own homes.

Why will the Liberals not provide the same sense of security to victims and survivors of crime?

JusticeOral Questions

May 17th, 2022 / 2:30 p.m.


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Conservative

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

Mr. Speaker, the minister is deliberately conflating two different matters. We are talking about Bill C‑5, which would change the law so that the offences of using a firearm during a robbery, discharging a firearm with intent or being in possession of an unlawful firearm will no longer carry a minimum sentence.

Street gangs are making fools of us all. This is sheer hypocrisy. Can the minister talk about Bill C‑5 and stop talking about the other gun problem?

JusticeOral Questions

May 17th, 2022 / 2:30 p.m.


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Conservative

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

Mr. Speaker, we are seeing more and more shootings by street gangs. There were three in Laval last week.

The Quebec association of police chiefs does not support Bill C‑5, and for good reasons. In addition, the Montreal police service reports that there has been an incident involving a firearm every two days since the beginning of 2022.

Does this mean that the Prime Minister follows expert advice only when it suits him?

JusticeOral Questions

May 17th, 2022 / 2:20 p.m.


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Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

Mr. Speaker, I would like my colleague to tell that to Laval's chief of police, who stated, “The people who are willing to commit such offences are hardened criminals. It is fine to be an idealist, but they will not stop when they get out of jail.”

Here is what one person had to say. “We can no longer go out. My wife is very nervous and she is afraid.”

Another stated, “My daughter was lucky, but in broad daylight with children.... There could be a stray bullet the next time”.

Here is another fact. With Bill C-5, the Liberals want to leave these criminals on the streets with the support of the Liberal MPs from the Montreal area.

Why is the Prime Minister defending criminals and not victims?

JusticeOral Questions

May 17th, 2022 / 2:20 p.m.


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Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

Mr. Speaker, the Liberal government is currently in power.

There were three shootings in Laval last week. A man was killed in broad daylight in Montreal. Laval police say that today's criminals are impulsive and disorderly.

What is the Liberal government doing? It is proposing to eliminate minimum mandatory sentences for firearms possession offences with Bill C-5. Essentially, the Liberal approach consists of letting armed criminals continue to walk the streets.

Can someone explain to the Prime Minister that his approach is irresponsible and that it will only make things more dangerous than they were before?