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.

Elsewhere

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

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

Criminal CodeGovernment Orders

December 15th, 2021 / 6:10 p.m.


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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Mr. Speaker, just following on from the previous question, Bill C-5 would amend the Controlled Drugs and Substances Act by adding a new section after section 10. It would add a declaration of principles and a warning and referral system.

Many jurisdictions across Canada, including the Province of British Columbia, have flatly asked the federal government for decriminalization. It includes the chiefs of police. I wonder if my colleague can comment on the fact that this bill was probably a great missed opportunity to address that fundamental aspect of our justice system.

Criminal CodeGovernment Orders

December 15th, 2021 / 6:10 p.m.


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Conservative

Blaine Calkins Conservative Red Deer—Lacombe, AB

Mr. Speaker, my colleague missed the opportunity to not get into a coalition with the government of the day, but that is fine.

The diversion measures that are in the legislation are certainly something that can be considered. As a former law enforcement officer, I had the ability to decide to pursue something or not. A Crown prosecutor has the ability to decide to pursue something or not. That is where the judgment needs to be made.

We do not need to legislate that judgment. We need to trust the men and women on the ground, not only in our law enforcement but in our prosecutorial services. They are the ones who can actually decide and are best positioned to weed out who is doing what on the ground, whether it is somebody caught up with addictions and simple possession or it is actual criminal activity. Let us let them do their work. They are—

Criminal CodeGovernment Orders

December 15th, 2021 / 6:10 p.m.


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The Deputy Speaker Chris d'Entremont

Resuming debate, the hon. member for Lambton—Kent—Middlesex.

Criminal CodeGovernment Orders

December 15th, 2021 / 6:10 p.m.


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Conservative

Lianne Rood Conservative Lambton—Kent—Middlesex, ON

Mr. Speaker, as this is my first time rising to give a speech as a member of the 44th Parliament, I want to take a moment to thank the people of Lambton—Kent—Middlesex for re-electing me to this place on their behalf. It is a responsibility, honour and privilege that I do not take lightly. I am really grateful to them for sending me back here.

My re-election was made possible by everyone who supported my campaign, believed in me, had my back and helped me through this journey. With the dedication and professionalism of my team, the passion and commitment of our volunteers, the generosity and sacrifice of our donors and, of course, the love and support of family and friends, we were able to share our positive Conservative vision. I am grateful beyond words.

I would not be here without my amazing campaign team. I thank my campaign manager David Sverginsky, my official agent Doug Plummer, and the rest of my core team and staff without whom I would not be here. They are Russ Kykendall, Tony Reznowski, Yvonne Hundey, Anna Marie Young, Todd Gurd, Cheri Davies and Kim Heathcote; and the group of volunteers who canvassed with me almost every day: Archie Nugteren, Mark Etienne, Gerry Rupke, Steve Stellingwerff, Marius, Juliette, Hannah Kurjanowicz, Brandon MacDougall, and my predecessor, Bev Shipley.

I would also like to thank Julie, Angela, Holly, Candice and Jennifer for always being there and for their steadfast support throughout my political journey.

The sign crew put up over 3,000 signs. I thank them for their hard work and dedication.

A special thanks to my parents, Diane and Theo Rood, for their love and support. My dad took on the enormous task of installing the signs, removing them and just being there for me throughout this.

I thank my brothers Jeremy Rood and Steele Leacock, and my grandma, Helen Jamrozinski, for their love and support throughout this journey.

Going on to the bill that is before us, it should come as no surprise when I say the Conservatives are the party of law and order. We are the party that stands with victims of crime and their loved ones. We are the party that applies common sense and outcome-based principles to protect innocent Canadians from violent criminals who would harm others. We are the party that understands that it is criminals who are committing these crimes, not law-abiding firearms owners, anglers, hunters and sports shooters.

The Liberals claim to be serious about getting tough on crime, but their hypocritical actions speak louder than words. Last February, in the previous Parliament, the government introduced Bill C-22. The goal of this harmful legislation was to reduce the sentences for illegal gun smugglers and remove mandatory minimum sentences for many serious offences. That bill died when the election was called, but here we are again with the same bill, but with a different number.

Just months before the Prime Minister called an unnecessary election in the middle of a pandemic, my Conservative colleague introduced a private member's bill, which would have imposed tougher sentences for criminals who were caught smuggling or in possession of illegal guns, which is the larger problem.

Brian Sauvé, who is the president of the National Police Federation, has said that policies like what the Liberals are advocating for may be politically popular, but they fail to address the root cause of gun violence. He says:

The narrative is that we need to restrict gun ownership because that will curtail crime, when really the evidence is that illegal gun trafficking leads to criminals owning guns, which leads to crimes with firearms.

Therefore, we need to look at the source of the problem.

Crimes with firearms are exactly what the government claims it wants to stop, yet it voted against a bill and continues to fail to support legislation that will do just that. Does that sound like a government that is serious on tackling gun crime for the people of Lambton—Kent—Middlesex? It sounds kind of hypocritical to me.

Bill C-22 is back as Bill C-5, but with the same purpose. This legislation is a revolving door for criminals. It would do nothing to stop crime. It would do the exact opposite. It would repeal the penalties for crimes like weapons trafficking, reckless discharge of a firearm, discharge with intent to wound or endanger and armed robbery. It would also remove conditional sentencing for heinous crimes like sexual assault, kidnapping, child abduction, human trafficking, vehicle theft and arson.

That tells me the Liberal elites in Ottawa do not care about our safety or the safety of our loved ones. Conservatives like myself will always fight against harmful legislation like Bill C-5. Canadians do not want the justice system to be a constantly revolving door. Common sense must prevail for all common good.

I studied criminology in university, and I have friends who are corrections officers, probation and parole officers. I hear the same thing from them all the time. It is the same people revolving through the doors committing the same crimes over and over again. If it is a provincial offence, which is two years less a day, they will not get the kind of help they would need. If they were sent to a federal facility, they would have help for mental health and addictions problems.

The government has a role to play in ensuring that Canadians, victims of crime and their families can exist freely and without fear in our society, but in Bill C-5, the Liberals are telling Canadians that these offences are no big deal. Is it no big deal that someone could leave prison, steal a car, rob several businesses, assaulting the occupants with a weapon, and then attack a police officer on their way out? Apparently, the Liberal government thinks that scenario only deserves a slap on the wrist, not a guaranteed minimum punishment for harmful criminal behaviour. In fact, what is proposed in this bill would allow someone who did all the above the opportunity to not even spend a single day in jail.

Again, as a Conservative, I have to stand here and attempt to bring common sense to a government that is clearly showing no indication that it has any sense left, common or not. In fact, some days it feels like the Liberals have removed the words “common sense” from the dictionary entirely.

At the end of the day, Bill C-5 gets soft on gun crime and gives great relief to criminals and offenders. It is missing any good reasons why this policy cares for, protects or prevents repeat offences against victims of violent crime in Canada. It misses the mark on what should be targeted to stop crime and illegal guns. As Winnipeg police constable Rob Carver said, “When we seize handguns, the handguns are always, almost 100 per cent, in the possession of people who have no legal right to possess them. They're almost always stolen or illegally obtained.” Again, it is not the law-abiding hunters, farmers and sport shooters who are committing serious crimes.

Let us now look at the final part of this so-called landmark progressive legislation. During an unprecedented national overdose crisis, we have a government that is actively trying to enable the criminal proliferation of drug trafficking, importing, exporting and production. Where is the sense in that?

I heard from Louis, a constituent in my riding of Lambton—Kent—Middlesex, who asked me, “Can we address the fact that known drug dealers are getting away with murder? We lost a grandchild.” What Canadians want and need is a compassionate approach to mental health and addictions recovery, and this is not found in Bill C-5. In fact, no part of this bill even attempts to touch on the subject, and it is too busy enabling the pushers.

The Centre for Addiction and Mental Health estimates the economic burden of mental illness in Canada at $51 billion per year, which includes health care costs, lost productivity and reductions in health-related quality of life. Addictions and mental health issues have costly and far-reaching impacts in our society and must be given proper attention in legislation to combat the crisis.

When will the government put forward legislation to address this impact instead of using a real crisis to score cheap political talking points at the cost of protecting Canadians? The Prime Minister and the Liberal members across the floor are all talk. They talk big and they make sweet-sounding promises to address serious concerns about gender-based violence, opioid addiction, systemic racism and other forms of discrimination. They make boldfaced claims to be helping Canadians, but then offer nothing of use.

What I see, and what the constituents I represent see when the Liberals grandstand, is hypocrisy. I see before the House a bill that is soft on gun crime and soft on the criminal drug enterprise. Canadians know bills like Bill C-5 are contrary to evidence, countless news stories and the testimony of victims. It should be impossible to ignore the madness of the government’s relentless attempts to gaslight Canadians otherwise.

Canadians expect the government to stand up for the rule of law, to protect victims first and to stand up for their rights. The government should be targeting violent criminals, sexual offenders and criminal gangs, and ensuring that the Criminal Code protects Canadians. Any changes should be made in a well-informed manner that protects public safety.

As legislators, we must represent and reflect the values of the average Canadian, and Canadians consider the crimes that Bill C-5 relaxes measures against to be extremely serious. By reducing mandatory sentences for serious crimes, Bill C-5 says elected representatives do not need to be accountable to the victims of these crimes. The utter hypocrisy of this bill and those who vote for it is staggering.

To vote in favour of this bill signals a victory for violent criminals who commit some of the most heinous crimes against the most vulnerable victims in Canada. It comes at a cost to victims and their families, present and future, and to the dignity of our great nation. That is a fact I find unacceptable, and it is why I will be voting against the bill.

Criminal CodeGovernment Orders

December 15th, 2021 / 6:25 p.m.


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Ottawa Centre Ontario

Liberal

Yasir Naqvi LiberalParliamentary Secretary to the President of the Queen’s Privy Council for Canada and Minister of Emergency Preparedness

Mr. Speaker, I was listening intently to the member opposite, and I really cannot believe what my ears were hearing, this vehement defence of the failed Harper, so-called “tough on crime” policies that have failed Canada over the years. They have resulted in nothing but over-incarceration of indigenous people and Black Canadians for offences that are not serious in nature. This is a defence of policies that the courts have found to be unconstitutional in many respects.

Why are the Conservatives so focused on championing policies that have failed us and not looking at data to ensure that Canadians, no matter what background they come from, have an opportunity to be able to serve their sentences in the community and to be rehabilitated and reintegrated back into society?

Criminal CodeGovernment Orders

December 15th, 2021 / 6:25 p.m.


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Conservative

Lianne Rood Conservative Lambton—Kent—Middlesex, ON

Mr. Speaker, I talked about victims and needing to protect them. A lot of victims are exactly what the member said; they are also racialized Canadians. I believe that people who commit a crime should be punished for their crime. On mandatory minimums, when I talk to people who are working in corrections and who see these people coming in every day, they feel that if these criminals had actually done time that was reflective of the crime they committed, it would deter them from coming back again and again and committing the same crimes. We need to be protecting victims of crime here.

Criminal CodeGovernment Orders

December 15th, 2021 / 6:25 p.m.


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Bloc

Maxime Blanchette-Joncas Bloc Rimouski-Neigette—Témiscouata—Les Basques, QC

Mr. Speaker, the Bloc Québécois really believes that there are distinctions to be made when it comes to mandatory minimum sentences.

As my colleague stated, we believe that this is not the right time to abolish mandatory minimums for firearm offences, given the Liberal government's failure to respond to the catastrophes and tragedies that have taken place in recent weeks and months, particularly in Montreal.

We see that the Conservative Party is hemming and hawing over gun control, particularly for assault weapons.

What concrete action is my Conservative colleague proposing to reduce murders committed with firearms if her party does not support initiatives like banning handguns?

Criminal CodeGovernment Orders

December 15th, 2021 / 6:25 p.m.


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Conservative

Lianne Rood Conservative Lambton—Kent—Middlesex, ON

Mr. Speaker, it has been stated here before, and I will state it again: I am an RPAL holder myself. I have to go through rigorous background checks. I have to submit documents every day my background is checked. I do not own a firearm personally. The law-abiding citizens who have a possession and acquisition licence, who are trained, who are hunting and who are farmers like me, who have been out in the woods or in the middle of a field in the middle of the night with wildlife around them, are abiding by the laws of this country. It is not those people who are committing crimes.

The people who are committing crimes with handguns are obtaining them illegally. They are getting them from illegal sources. They have no permit or right to own that gun, and then they are committing crimes. Most of these guns are being smuggled across the border from the U.S. People committing these crimes are the ones who should be behind bars, not law-abiding hunters and farmers.

Criminal CodeGovernment Orders

December 15th, 2021 / 6:25 p.m.


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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Mr. Speaker, the problem with the arguments the Conservatives are making is that they are equating the elimination of mandatory minimums with the end of sentencing altogether, and nothing could be further from the truth.

On the example the member cited in her speech of someone getting out of prison and committing robbery and assault with a handgun, there is no doubt in my mind that the judge looking at that case would recommend jail time. The Criminal Code already has provision 718.2, sentencing principles, which allow a judge to increase or decrease a sentence based on aggravating factors.

My question is a simple one: Why do Conservatives have so little faith in judges to mete out the appropriate sentence based on the crime committed?

Criminal CodeGovernment Orders

December 15th, 2021 / 6:25 p.m.


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Conservative

Lianne Rood Conservative Lambton—Kent—Middlesex, ON

Mr. Speaker, I have faith in judges and the judicial system, but sometimes the judges need to have something in front of them in the form of a mandatory minimum sentence so that people who are committing these crimes can get the help they need from the institutions they would go to so that they are not out on the streets.

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—Time Allocation MotionCriminal CodeGovernment Orders

March 30th, 2022 / 4 p.m.


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The Deputy Speaker Chris d'Entremont

Pursuant to Standing Order 67(1), there will now be a 30-minute question period. I invite hon. members who wish to ask questions to rise in their places so that the Chair has some idea of the number of members who wish to participate in this question period.

Questions and comments, the hon. House leader for the official opposition.

Bill C‑5—Time Allocation MotionCriminal CodeGovernment Orders

March 30th, 2022 / 4 p.m.


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Conservative

John Brassard Conservative Barrie—Innisfil, ON

Mr. Speaker, obviously, it is a profound disappointment that the government is now moving time allocation on what is effectively a very substantive justice bill repealing, for example, mandatory minimums. Effectively, what it is doing is giving criminals a get-out-of -jail-free card at a cost to victims.

I want to point out, too, that we have dealt with this issue since December of 2021 with only four days of debate on this substantive bill. I also want to point out that I am sure the left hand will be holding the left hand on this one. In the agreement between the NDP and the Liberals, it says that both parties agree that parliamentary debate is essential and they will identify the priority of bills to expedite them through the House of Commons, including expediting sitting hours to allow for additional speakers, so I do not quite understand why they are not allowing for additional speakers on this bill, especially as it is something so substantive.

My question to the Minister of Justice is this. There has been an increase in gun crimes and domestic violence in this country since this bill was introduced. Why is the NDP-Liberal government proposing time allocation? Why is it putting the rights of criminals ahead of the rights of victims?

Bill C‑5—Time Allocation MotionCriminal CodeGovernment Orders

March 30th, 2022 / 4:05 p.m.


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Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Mr. Speaker, this is an important bill. I agree with the hon. member that this is a substantive criminal justice reform bill that would effectively reverse a series of policies that frankly did not work, and that are being abandoned everywhere around the world, particularly in the United States, which served as an inspiration for the previous Conservative government to bring in these kinds of minimum mandatory penalties.

I was in Washington last week and met with a number of bipartisan groups and think tanks working on criminal law reform. The basic message from all of them was that incarceration does not work. We need to shorten incarceration periods and minimum mandatory penalties, and the kind of flexibility that conditional sentence orders offer is precisely the kind of reform that they are suggesting, and that we are suggesting. Even states such as Louisiana have abandoned minimum mandatory penalties, because they simply do not work.

The idea that this is in some way soft on crime or does not protect victims is completely false, for a number of reasons that I would be able to elaborate upon.

Bill C‑5—Time Allocation MotionCriminal CodeGovernment Orders

March 30th, 2022 / 4:05 p.m.


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Bloc

Alain Therrien Bloc La Prairie, QC

Mr. Speaker, it is rather odd to hear the minister say that this is an important bill and that he is imposing closure. If it is an important bill, we must discuss it and express our opinions.

Five Bloc members have spoken about this bill. This is happening against a backdrop of increasing incidents involving firearms in Quebec. The minister knows this. He is from Verdun. He should know that this is a serious problem in Quebec, that we must come up with some useful and intelligent solutions, and that we must have some room for debate.

The Bloc Québécois proposed splitting the bill because it dealt with diversion measures as well as minimum sentences. These are two different matters. We would have liked to have had more debate, because we must have an intelligent discussion. We need a bill that will fix the problems we have on the ground once and for all. The minister is well aware of this.

My question is simple. Why have they decided to move closure when people, especially in Quebec, expect us to do our due diligence?