Bill C-5

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?

Report Stage

[Marie-Hélène Gaudreau, Bloc, Laurentides—Labelle, QC]

Madam Speaker, my answer is very simple. We need to start relying on science, legal experts and the right advisers who are giving us concrete proof that there is a right way of doing things.

The right way of doing things is to invest in rehabilitation and support, because reducing minimum penalties will not reduce crime. The statistics make that clear.

I hope that we will implement structures and concrete measures to help people, because, right now, there are flaws in Bill C-5.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, I look at Bill C-5 as a positive piece of legislation. I understand the member's concerns with respect to dividing it, which is what the Bloc wanted to see, but overall I think it is important that we understand and appreciate judicial independence. The idea is that our judges need to have discretionary authority to deal with issues such as systemic racism, which is very real in our court system.

I wonder if my colleague could provide her thoughts with regard to that aspect of the legislation and how it would benefit that issue.

[Marie-Hélène Gaudreau, Bloc, Laurentides—Labelle, QC]

Madam Speaker, the government's Bill C-5 would amend the Criminal Code and the Controlled Drugs and Substances Act to repeal certain minimum penalties, allow for a greater use of conditional sentences and establish diversion measures for simple drug possession offences. There are two parts to the bill. The first repeals 20 mandatory minimum sentences for offences involving firearms and drugs, and the second introduces the principle of diversion for simple drug possession.

First, I must say that the Liberals' bill is certainly well intentioned. However, the timing of its introduction is rather odd, given that gun violence is spiking and the federal government, which is responsible for managing our borders, is being criticized for doing nothing to stem imports of illegal firearms. Not a day goes by without this issue being mentioned during question period in the House. The number of gun crimes has increased considerably over time. Between 2019 and 2020, the number of gun crimes committed in Montreal rose by 15%, and the number of firearms seized increased by 24%.

In addition, the goal is to repeal certain mandatory minimum sentences for drug production, yet the opioid crisis is claiming more and more lives in Quebec and Canada. If I put myself in the shoes of the families who have lost a loved one to a shooting or to the use of drugs laced with fentanyl by an unscrupulous dealer, I am not sure this is the response they were hoping for from the government at this point.

The bill repeals several minimum penalties for second and third offences. While it is true that mandatory minimum sentences for a first offence may impact social reintegration, keeping certain mandatory minimum sentences for second or even third offences could be justified as a way of upholding the credibility of our legal system. Maintaining public confidence in our justice institutions is also a concern that should not be dismissed out of hand.

Let us remember that, under the Harper government in 2006, a number of mandatory minimum sentences were challenged. Section 12 of the Canadian Charter of Rights and Freedoms, which protects individuals from cruel and unusual punishment in Canada, is often used as an argument against mandatory minimum sentences. Over 210 constitutional challenges have been filed. According to the Minister of Justice, 69% of the constitutional challenges involving mandatory minimum sentences for drug offences and 48% of those for firearms offences were successful. To be honest, we cannot call that a success.

That said, we are supporting Bill C‑5 despite being somewhat dissatisfied with it. My esteemed colleagues from Avignon—La Mitis—Matane—Matapédia and Rivière-du-Nord repeatedly asked the government to split the bill in two, because we believe that tackling substance addiction and abolishing mandatory minimum sentences are two fundamentally different issues. Unfortunately, the government rejected our request, so here we are now.

We are disappointed with the part about mandatory minimum sentences, but we agree on the principle of establishing diversion measures as introduced in Bill C‑5. With respect to mandatory minimum sentences, the Bloc Québécois wants the legal system to adopt an approach that enables rehabilitation and reduces crime.

Considering that mandatory minimums have few benefits and introduce many problems, such as the overrepresentation of indigenous and Black communities in prison, in addition to increasing system costs and failing to deter crime, the Bloc Québécois supports the idea of repealing certain mandatory minimum sentences.

However, we believe this is a bad time to repeal mandatory minimums for firearms offences, because many Quebec and Canadian cities are seeing a firearms epidemic, due in part to the Liberal government's failure to implement border controls.

Repealing mandatory minimums without strong action by the federal government to counter the illegal importation of firearms at the border sends the wrong message. Although the Bloc Québécois can get behind repealing mandatory minimums for a first offence, we believe that keeping these sentences for second and even third offences can be justified, as this would maintain the public's trust in their justice institutions and the rehabilitation process.

Believing in second chances does not mean that people's actions do not have consequences. It is a question of common sense.

Although we think it is defensible to repeal mandatory minimum sentences for firearms possession, the fact that the bill repeals mandatory minimums for certain offences involving firearms, such as discharging a weapon with intent and robbery or extortion with a firearm, seems to contradict the government's claim that they are being maintained for certain categories of serious crimes.

During the last election campaign and during the debate on Bill C-236, we expressed support for the introduction of the principle of diversion for simple drug possession. However, I would remind the House that such a measure will only be effective if investments are made in health care through transfers to support health care systems and community organizations, which need ways to support people grappling with addiction and mental health problems. They are doing amazing work on the ground, and they need resources to carry out their mission.

We have said it before, but it bears repeating: The Bloc Québécois and the Quebec government demand health care funding. I think we have said this 572 times, but we want health transfers to cover 35% of the system costs. Unfortunately, the government has failed to respond. It is silent in the face of the unanimous demands of Quebec and the provinces. Those demands have been reiterated every year since the Liberals came to power, in 2015, 2016, 2017, 2018, 2019, 2020, 2021 and today in 2022.

Will they have the audacity to keep saying no until 2023? I hope not.

[Luc Thériault, Bloc, Montcalm, QC]

Madam Speaker, I would like to begin by reassuring my colleague. I did not say that she was illogical; I said that I was having a hard time understanding her logic, which is not the same thing.

That said, the Bloc Québécois stands up every day to tell the government that Bill C-5 is not enough and that we need to fight organized crime and create a registry of criminal organizations. Given what the hon. member was saying about borders and the current shortcomings in the fight against organized crime, I presume that she supports our bill and will vote for it.

[Kerry-Lynne Findlay, Conservative, South Surrey—White Rock, BC]

Madam Speaker, this past December, the Liberal government revived Bill C-5, an act to amend the Criminal Code and the Controlled Drugs and Substances Act.

The government has claimed that the purpose of this act is to root out systemic racism in the criminal justice system and address the root causes of substance abuse in light of the worsening opioid crisis. Conservatives have another view. We have outlined the dangers in the government's Bill C-5 with regard to violent criminals, lessening sentences for gun crimes and the removal of mandatory minimum penalties, among other concerns.

The Liberals are eliminating mandatory prison time for criminals who commit robbery with a firearm, weapons trafficking and drive-by shootings. They are doing this because they feel these laws are unfair. They are more interested in standing up for criminals than defending our communities. Tell that to the families of victims in my own riding of South Surrey—White Rock. As a member of Parliament from British Columbia and as a mother, I know illegal drugs are a scourge in our society.

This enactment amends the Criminal Code and the Controlled Drugs and Substances Act to repeal too many mandatory minimum penalties, allowing for a greater use of conditional sentences and establishing diversion measures for simple and first-time drug offences that are already in place. B.C. already has drug courts.

Mandatory minimum sentences are not used for simple possession now; they do not exist. Despite what the Liberal government has said about Bill C-5, the Supreme Court did not declare all mandatory minimums unconstitutional. The courts have struck down some, but these punishments have been on the books for decades. In fact, a majority of the mandatory minimums were introduced under previous Liberal governments. For example, the mandatory minimum penalty repeal for using firearms in the commission of an offence dates back to the Liberal government of 1976.

While the government claims to be undoing the work of the former Conservative government, it would truly be undoing the work of many former Liberal governments as well. This Liberal government is maintaining many of the mandatory minimums were introduced or strengthened by the former Conservative government.

In Bill C-5, the government is eliminating six mandatory minimums under the Controlled Drugs and Substances Act that target drug dealers: trafficking or possession for the purpose of trafficking; importing and exporting, or possession for the purpose of exporting; and production of a substance schedule I or II, like heroin, cocaine, fentanyl, crystal meth. The government is claiming this is solely to help those who struggle with addictions, but instead, the government is removing the mandatory minimums for those criminals who prey on those with addictions.

Imagine what parents go through when their child is addicted to fentanyl. It is so addictive that it is only a matter of time before the person overdoses. With carfentanil, young people take it once; their first hit is their last, and their heart stops before they hit the floor.

The bill allows for greater use of conditional sentence orders, such as house arrest, for a number of offences where the offender faces a term of less than two years' imprisonment. The offences now eligible include trafficking in, or exporting or importing schedule III drugs. That includes mescaline, LSD and others.

What exactly is being done right now by the government to crack down on the drug trade? Why is the government not tackling the massive issue of supply in Canada?

According to Criminal Intelligence Service Canada, which has strategically allocated resources to investigate organized crime groups with a higher threat level, there are over 1,800 OCGs in Canada. Larger OCGs do not generally restrict themselves to one illicit substance and are importing an array of illicit substances.

Around 75% of OCGs analyzed by Criminal Intelligence Service Canada are involved in cocaine trafficking. The legalization of cannabis has done little to disrupt or displace OCGs due to the fact that 97% of them involved with importing cannabis are also involved in multi-commodity trafficking.

It was noted that organized crime in Canada has grown due to an increase in criminal entrepreneurs who have harnessed the anonymity of the Internet to perpetrate crime. In addition, the dark web has given rise to an increasing number of criminals who are operating independently to implicate themselves in the fentanyl market and rapidly growing meth market due to the relative ease of obtaining precursor chemicals used in their production and synthesis.

In addition to OCGs, there have been increasing threats observed from outlaw motorcycle gangs. For instance, the Hells Angels is an outlaw motorcycle gang with global ties to other active OCGs in Canada.

The organization has expanded across the country, and 50% of organized crime can be attributed to its operations. Hells Angels has increased the number of its support clubs from 40 to 120. This expansion has resulted in approximately double the amount of criminal activity. Hells Angels uses that coordination to ship fentanyl and methamphetamine together, contributing to the trend of polydrug trafficking.

Their operations vary in terms of sophistication but pose a threat to public safety nonetheless. Violence surrounding OCGs is increasing and is commensurate with the increase in firearms-related crime in Canada, the expansion of illicit handguns westward from Ontario and the escalating use of social media to facilitate the illicit drug trade. It was noted that many key players from the largest OCGs have been killed in the past 18 months, both domestically and while brokering drug deals abroad.

With respect to importation of illicit substances in Canada, existing OCGs with networks and smuggling routes for cocaine and heroin from Mexico are shifting focus. There has been a large increase in fentanyl and methamphetamine smuggling from Mexico. Favouring profitability, OCGs are moving away from heroin and toward fentanyl. As meth becomes less expensive to produce, its street value is declining, leading to increased demand for meth, as people who use drugs shift away from more expensive drugs to meth. Notably, Canada has been identified as a global transshipment country for fentanyl. Currently, there is a five-to-one import-export ratio, with 300 different OCGs involved in importation.

The government has this woke view of criminal justice, that if people are kept out of prison, they will reform and all will be okay. I think drug dealers need to be in prison, not on house arrest where they can continue to ruin children’s lives and families' lives and devastate communities. Those most vulnerable in our society must be protected. I believe that is not in question.

In my home province, according to preliminary data released by the B.C. coroners service, the toxic illicit drug supply claimed the lives of at least 2,224 British Columbians in 2021. Lisa Lapointe, the chief coroner, stated, “Over the past seven years, our province has experienced a devastating loss of life due to a toxic illicit drug supply. This public health emergency has impacted families and communities across the province and shows no sign of abating.” In 2021 alone, more than 2,200 families experienced the devastating loss of a loved one.

In the past seven years, the rate of death due to illicit drug toxicity in our province has risen more than 400%. Drug toxicity is now second only to cancer in B.C. for potential years of life lost. Fentanyl was detected in 83% of samples tested in 2021. Carfentanil was present in 187 results, almost triple the number recorded in 2020. Illicit drug poisoning is now the leading cause of death among B.C. people aged 19 to 39, people in the prime of their lives. For men, the toxic drug crisis has been so severe that overall life expectancy at birth for males has declined in recent years in B.C.

The townships that experienced the highest number of illicit drug toxicity deaths in 2021 were Vancouver, Surrey and Victoria. For me, representing and living in South Surrey—White Rock, these are not just statistics. We live it every day in B.C.

I feel for those families that have lost loved ones to drugs. For that reason, I cannot support this government bill. Members can characterize me as they will, but six lives will be lost in British Columbia to drug overdose today, and I do not think Bill C-5 does a thing to deter drug dealers from killing my constituents. It makes their lives easier while they destroy those around them.

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Madam Speaker, on the last part, I agree that this is a fundamental reason that Bill C-5 needs to pass, but I will expand on it.

The problem with the Liberals voting down Bill C-216 is that while there may be a jurisdiction like British Columbia which is very open to reaching agreements with the federal government, there will be other jurisdictions like Alberta that refuse to do that. While the agreement with British Columbia is a great thing, what about all the Canadians in other provinces who do not have progressive premiers? They have to wait for the law to be changed and they are out of luck. That is the problem. That is why it is shameful that the Liberals voted against Bill C-216.

[Ken Hardie, Liberal, Fleetwood—Port Kells, BC]

Madam Speaker, the member gave a thoughtful speech, as thoughtful as his colleague from Courtenay—Alberni and the bill that he had to decriminalize possession of small amounts of drugs. The first reaction to the bill that the House did pass was from Alberta, saying that what was happening in B.C., which was an agreement with B.C., is not good and it will not happen in Alberta.

I would ask the member to reflect on that and Bill C-5, which again attempts to allow local jurisdictions to consider local circumstances and have judges make the appropriate judgment on what kinds of penalties should apply.

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Madam Speaker, it is an honour to stand and speak to Bill C-5 at report stage. I would like to start by thanking all members of the Standing Committee on Justice and Human Rights for the work they did in reviewing this bill and reporting it back to the House. As a former member of that committee, I know it is no easy task. I used to be a member, back in 2017. The bills that come before the justice committee are usually quite serious in nature. They demand a certain amount of responsibility to take up the task and make sure that the amendments we are making to the Criminal Code have in fact been vetted and that all of the implications of their passage are fully understood.

This being Bill C-5, my remarks today, of course, are going to concentrate on two themes. One is on the question of mandatory minimums and whether they still serve any kind of useful purpose in our criminal justice system. The second theme is on the incredible harm that is a result of Canada's current federal drug policy, and not only the harm that is meted out to people who are arrested and have criminal records that they have to deal with for the rest of their lives, but also the lack of action in tackling the root causes of the opioid crisis that I have heard members from every political party and every region in Canada speak so passionately about.

Bill C-5, like any piece of legislation, is not going to solve those problems by itself and I would argue that much more needs to be done. This is one small step on the path that we need to take, but it is nonetheless a step forward. That is why I will be supporting this bill and ensuring that the Senate receives it so that it can one day make its way to the Governor General's desk and be signed into law.

It is important to set up the context, especially when we are speaking about mandatory minimums. I do not need to argue about the harms that they cause our society. It has been well documented by many, including none other than the Correctional Investigator. The statistics are there, for indigenous, Black and racialized Canadians, on their share of the population in Canada and their extreme overrepresentation in our criminal justice system.

What is more is that there is simply no credible evidence that mandatory minimums work in any way to deter crime. That is a fact. I have had to sit in this place through question period after question period, listening to colleagues from the Conservative Party talk and deliberately misstate what is going on with this piece of legislation. The Conservatives are trying to weave a story for Canadians and trying to infect them with fear that with the passage of Bill C-5, somehow every person who is charged with a serious criminal offence is suddenly going to be placed on house arrest or released on the streets. Nothing could be further from the truth. What it speaks to is a distrust, among members of that party, in judges having the ability to make the right decisions for the cases that come before them. Mandatory minimums are a blunt instrument of justice. They do not allow a judge to take in the circumstances of a case and to look at the circumstances of the individual who has been charged with a crime.

Furthermore, in all of the arguments I have heard from Conservatives on this bill, the part they leave out is that even though these sections in the Criminal Code are being amended, the maximum penalties are still in force. While the mandatory minimum penalties are being taken away, many of these serious offences carry prison terms of up to 10 years and of up to 14 years. There is no doubt in my mind that if a repeat offender has committed very serious criminal acts under the sections of the Criminal Code covered by Bill C-5, that person will receive jail time.

A judge's solemn responsibility to society is public safety and ensuring there is justice for the victims of crime. Judges are always balancing society's best interests when a case comes before them. We have to trust them in that process. There is a reason that our legislative branch is separate from the judicial branch.

We have to trust in these men and women who are so very learned in law and who can appreciate all of the fine differences in each case that comes before them. We have to trust that they will always make the right decision. There are ways we can hold our judges to account. There are courts of appeal, and we can continue going up the judicial ladder until we reach the Supreme Court of Canada. I cannot accept the arguments that are being made against mandatory minimums in this place, because they are being made in bad faith.

I want to turn to the main part I really want to hammer out here, which is the important amendments that are being made to the Controlled Drugs and Substances Act.

I was very honoured to stand in this place with my friend, colleague and neighbour, the member for Courtenay—Alberni, and vote in favour of his bill, Bill C-216. It would have essentially decriminalized personal possession. It would have set up a process of expungement. It would have set our country forward on a path of setting up a national strategy to deal with the opioids crisis.

Unfortunately, there were only a few members who were brave enough to stand up for that bold, game-changing policy and trying to put this country on a path forward. Even though we lost that battle, I think that vote and the conversation we had have been important milestones for this country's evolving laws toward drug policy. I am certain that in the years ahead we are going to see some fundamental reform in this area.

The main thing Bill C-5 would do with respect to our drug laws is set up a declaration of principles. We are at report stage now, but important work was done at committee. I have to take a moment to recognize the amazing and incredible work of my colleague and neighbour to the south, the member for Esquimalt—Saanich—Sooke. His knowledge of law, his expertise in that area and the diligent and hard work he has done at committee resulted in some very substantive amendments to Bill C-5. One of them in particular, although it is not going to be called expungement, is expungement by a different name.

One of the main harms we have had to people who have criminal records for personal possession amounts is that those records follow them throughout life. They can affect one's ability to get into certain lines of work, affect one's ability to rent a home and very severely affect one's ability to travel. The amendments that were made by the member for Esquimalt—Saanich—Sooke and accepted by a majority of the committee are essentially going to make sure that Bill C-5 would ensure that after two years those records are sequestered from the main records of that person, and no longer will anyone be able to find those records and hold them against that person.

It is important, and it is certainly not as bold of a step as we would have wanted, but I think it goes to show that this small caucus of New Democrats has been able to make monumental reform to a pretty important government justice bill. I think this is going to leave a lasting mark for people who have been negatively affected by this.

I will conclude by saying that when it comes to mandatory minimums, it is important for us to remember that the Criminal Code is a massive piece of legislation. There are already sections within the Criminal Code, specifically section 718.2, the sentencing principles, that allow a judge to increase or decrease a sentence based on aggravating factors. The sentences that are spelled out in the Criminal Code for the specific sections of Bill C-5, in fact, could be lengthened, if there were aggravating factors. If a crime was committed against a person with a disability or if racial hatred and bias were involved in a crime, judges could take that into account.

I could say much more, but 10 minutes goes by very quickly. I will end by saying that Bill C-5 is a small step. We did our job to make it better. I will be pleased to vote in favour of this bill to send it to the Senate and hopefully into law in the very near future.

[Luc Desilets, Bloc, Rivière-des-Mille-Îles, QC]

Madam Speaker, today we are discussing Bill C-5, an act to amend the Criminal Code and the Controlled Drug and Substances Act, at report stage. It is sponsored by the hon. member for LaSalle—Émard—Verdun, the current Minister of Justice.

Bill C-5 acts simultaneously on two complementary fronts: It repeals mandatory minimum penalties, or MMPs, for certain offences in the Criminal Code and establishes diversion measures for simple drug possession offences. Indirectly, Bill C-5 also seeks to counter systemic racism by addressing the overrepresentation of Black and indigenous people in the prison system.

My colleagues may know from my background that I was a criminologist. Far from me to claim I am an expert in the matter, but I can say that establishing diversion measures for these offences and repealing mandatory minimum penalties is fully consistent with many of my views and opinions.

Before I get into the substance of my remarks, let us define the important terms we are using today. Too many people, including most of us, confuse decriminalization, legalization and diversion. First, mandatory minimum penalties are legislated sentencing floors where the minimum punishment is predetermined by law. I am reiterating this because I believe that there is some confusion in our colleagues’ remarks. Second, decriminalization is the act of removing from the Criminal Code an action or omission that was considered a criminal offence, or the act of reducing the seriousness of an offence or removing from it any of its so-called criminal or penal nature. Diversion means the suspension, in the normal course of events, of criminal justice mechanisms at every step of the decision-making process. These can include incidents settled within the community, cases not referred to the justice system by the police, conciliation before reaching trial, and so on.

Overall, the Bloc Québécois supports the provisions proposed in Bill C-5. However, there are a few points about which we have serious reservations, but I will get to that later.

First, with respect to mandatory minimum penalties, the Bloc Québécois advocates an approach that involves rehabilitating offenders, a term our Conservative colleagues do not appear to be familiar with, reducing crime and easing the burden on our penal and justice systems.

MMPs, which became harsher under the Harper Conservative government, are totally useless. No empirical study has ever shown that these penalties reduce crime. First, they increase the burden on the criminal justice and correctional systems. Second, they cost taxpayers a fortune. Third, they undermine any chances of reintegration for many minor offenders after their first offence for a minor crime, such as simple drug possession.

Although we agree with the principle, we must point out this is not the right time to eliminate MMPs for firearms offences. As I stand here addressing the House, a number of cities in Canada and Quebec are experiencing a veritable epidemic of firearms, mainly because of the government’s inaction when it comes to border control. Without the firm and concerted action of the federal government to stem the illegal importation of firearms across the border, repealing MMPs for firearms offences is sending the wrong message.

With respect to diversion, obviously the Bloc Québécois supports it, and I am personally very eager to see it happen, because I firmly believe in the concept of rehabilitation. Diversion considers drug problems to be mental health and public health issues. That is important. Diversion measures are intended for persons with addictions, those who would normally be prosecuted for simple drug possession under Canada's Criminal Code.

The aim of diversion is to remove individuals struggling with problematic substance use, and who do not pose a risk to society, from the justice system.

It is important to understand that diversion is not inconsistent with criminal prosecution. Diversion simply offers offenders the choice of a different path, an alternative to prison. Options for diversion include treatment information sessions, fines, community service and many more. Diversion is therefore not a solution to the criminality associated with the sale of illicit drugs; it is a solution to social and public health problems.

Earlier, my colleague referred to Portugal, which gives us one of the best examples of the benefits of diversion. Faced with a serious drug problem in 2001, that is the path Portugal opted for.

Diversion led to a decline in drug use. Incarceration rates for drug-related offences decreased as well, and the number of fatal overdoses like those we are seeing in British Columbia, for example, fell sharply. Another benefit was that the incidence of HIV-AIDS among drug users also plummeted.

I think it is crucial to point out this achievement, which is attributable to a combination of diversion measures and Portugal’s massive investment in health care. The current bill does not contain anything about this second component, namely investment in health care.

I would like to remind members that every Canadian province, including Quebec, is asking the federal level to cover 35% of their health spending so that they can support their health care systems, which are in dire need of funding. Another good reason to increase health transfers, as Quebec wants and is calling for, is to again move towards adopting an approach that would closely follow Portugal’s.

In short, the Bloc Québécois supports Bill C-5. We support the introduction of the principle of diversion for simple drug possession offences. We also support the repeal of some mandatory minimum penalties. I say “some” mandatory minimum penalties to avoid falling into demagoguery.

However, I will reiterate that the government is making a mistake when it proposes to repeal mandatory minimum penalties for firearms offences without doing anything about the source of the problem, namely the free movement of thousands of illegal firearms across our porous border with the United States.

I will therefore vote for Bill C-5, but if the government really wants to make a difference, if it wants to ensure that repealing mandatory minimum penalties and establishing diversion measures will yield all the benefits we can expect, it must do two things. First, it must immediately implement all of the measures proposed by my colleague from Avignon—La Mitis—Matane—Matapédia to reduce firearms violence. Then, it must immediately increase health transfers to the provinces to cover at least 35% of their spending.

If it does that, I can guarantee the Liberal Party that Bill C-5 will have an extremely positive impact. If it continues to turn a deaf ear to the Bloc Québécois’s proposals, it will once again have missed a great opportunity.

[Larry Brock, Conservative, Brantford—Brant, ON]

Madam Speaker, again, what we are continually hearing from the NDP and the Greens is very frustrating. They want to change the story and turn the page on what Bill C-5 is all about.

Bill C-5, for the last time, is not about simple possession. This is a news release to the House: It is not. I am not going to respond—

[Larry Brock, Conservative, Brantford—Brant, ON]

Madam Speaker, I reflect on this often, and I often hear from government members, NDP members and Green members that we Conservative members can all calm down because the bill would keep communities safe. They say we can trust our judges to always do the right thing. However, judges come from various backgrounds, which is why we have a myriad of different judgements from across this country, from coast to coast to coast. There is no consistency in sentencing.

In answer to the question, as a former prosecutor over the last two decades and previous to that as a defence counsel, I have repeatedly seen abuses by defence counsel who were properly retained with illegal funds from trafficking, etc., who shop for a judge, as there are judges who are more lenient than others. Bill C-5—