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.

Report Stage

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

Madam Speaker, today we are debating Bill C-5 at report stage. I am profoundly disappointed as a parliamentarian and deeply ashamed as a former Crown attorney that this seriously flawed, reckless and dangerous bill has made it this far in the process.

I left behind a proud and rewarding legal career as a public servant for the Province of Ontario, a career defined by holding criminals accountable for their actions, which ranged from mischief all the way through to and including first degree murder. It was a career further defined by advocating for victims' rights, which is a concept that is completely alien to this virtue-signalling government. Neither this bill nor Bill C-21 makes any reference to the rights and protection of victims.

I was frustrated as a Crown attorney that the judicial system was out of balance. The proverbial pendulum over my career was significantly shifting in favour of the accused at the expense of protecting victims of crime. There must be a balance.

The government will repeatedly make statements in the House that it cares deeply for victims and that their rights matter, but it is simply talk with no action. An example of this lip service is the fact the government has not replaced the federal ombudsman for victims of crime, a position left vacant since last October 1. It is shameful.

It is time to dispel the myths and misinformation coming from the government whenever its members speak about this bill.

Number one, this is not legislation targeted at low-risk offenders. Use of a firearm in the commission of an offence, possession of an unauthorized firearm, possession of a firearm with ammunition, weapons trafficking, importing and exporting of firearms, discharging a firearm with intent, reckless discharge of a firearm and robbery with a firearm are indeed extremely serious violent offences for which judges across this country routinely impose significant jail sentences and often prison on the offenders.

These are not the types of people described by our Attorney General when the bill was introduced. We all remember that story: We are to imagine a young man who has too many pops on a Saturday night and decides to pick up a loaded gun and shoot into a barn. According to our Attorney General, we should feel sorry for this individual, as it would be a cruel and unusual punishment to impose a mandatory minimum penalty.

Number two, this is not legislation that would reverse former PM Harper's Safe Streets and Communities Act. Several of the charges outlined in Bill C-5 include mandatory minimum penalties that were introduced by Pierre Elliott Trudeau in 1977 and Jean Chrétien in 1995, two Liberal majority governments.

Third, according to the government and supported by its NDP partners and Green Party members, mandatory minimums are ineffective in reducing crime or keeping our communities safe. The simple fact is that if they actually believed this, instead of virtue signalling to Canadians, they would table legislation to remove all mandatory minimums. There are 53 offences that would remain in the Criminal Code if this bill passes. This includes impaired operation of a vehicle. Apparently it is important to hold drunk drivers accountable while allowing criminals and thugs to terrorize our communities by shooting up our streets.

The fourth point is that according to the government, courts from across this country, including appellate courts and the Supreme Court of Canada, are striking down mandatory minimum penalties as being contrary to the charter. For reasons previously described, mandatory minimums introduced by previous Liberal governments have been upheld by various courts for over 40 years.

Five, this is not legislation targeting people charged with simple possession. Bill C-5 would eliminate six mandatory minimums under the CDSA, the Controlled Drugs and Substances Act. These include the very serious offences of trafficking, importing, exporting and production of controlled substances. Drugs such as fentanyl and carfentanil are the most deadly and lethal form of street drugs, and an amount the size of a grain of salt is capable of killing an elephant. These drugs are not serious enough for the government. These are the same drugs that are causing an opioid crisis that results in daily overdoses and deaths. Do these killer criminals deserve mercy from the Liberal government? What has this country become?

Finally, this legislation is supposed to address racism and reduce the over-incarceration of Black Canadians and indigenous offenders.

The Alberta minister of justice, Kaycee Madu, a Black Canadian, noted:

While Ottawa’s new justice bill...contains some reasonable measures, I am deeply concerned about the decision to gut tough sentencing provisions for gun crimes...

Removing tough, mandatory penalties for actual gun crimes undermines the very minority communities that are so often victimized by brazen gun violence. I also find it disingenuous for Ottawa to exploit a genuine issue like systemic racism to push through their soft-on-crime bills.

I have prosecuted in the trenches for close two decades, unlike the Attorney General and members of the Liberal government. I can state on authority that the overriding sentencing consideration associated with the crimes relating to Bill C-5 are denunciation, deterrence and separation from society. In other words, it does not matter one's gender, ethnicity or race. Upon conviction, criminals are going to jail, period. It is time for the government to be honest with Canadians and accept that Bill C-5 will not substantially address the over-incarceration issue.

Throughout the entire time this bill has been debated, I and other colleagues, most notably the member for Kamloops—Thompson—Cariboo, have argued that there is a compromise for the government to consider. A constitutional exemption to all the charges outlined in the bill would give trial judges the legal authority to exempt criminals from a mandatory minimum penalty if they belong to a vulnerable population that is overrepresented in the criminal justice system and who are disadvantaged with regard to sentencing. This exemption would preserve the mandatory minimum penalties, but give judges the flexibility to craft an appropriate sentence. My amendment to this bill at committee was summarily dismissed by the Liberal chair as outside the scope of the study, which is shameful.

Brantford police chief Rob Davis, the only indigenous leader of a municipal police service in Ontario, testified at committee: “With Bill C-5 and the proposed changes now, we are going to see sentencing become a joke”. He continued, “With...turning sentences into conditional sentences...the justice system is being brought into disrepute. People will operate with impunity and the victims' rights are going to be given away [for] the rights of the criminal.”

Chief Davis also said, “Victims of communities will live in fear of gun violence and fearful of retaliation by armed criminals, and people will continue to overdose”.

The committee also heard from Chief Darren Montour from the Six Nations Police Service, whose testimony was clear. He stated:

...proposed conditional sentences for violent offences will not deter offenders from committing further crimes. We are not in a position to continuously monitor sentenced offenders to ensure their compliance with...restrictions handed down by the courts. Police services across the country, and especially those within indigenous communities, are significantly understaffed. We are continuously asked to do more with less, and we cannot sustain this workload.

He also stated that he can appreciate the statistics regarding the over-incarceration issue, “but along with the rights of offenders, victims and victims' families deserve rights as well.”

Hundreds of Canadians from coast to coast signed the petition on my website, which I recently presented in the House. They called on the government to immediately withdraw Bill C-5. Here is a news release for the Liberal government: Canadians are terrified at the prospect that criminals convicted of sex assault and kidnapping will also enjoy serving that sentence in the comfort of their homes, the very same homes in which they committed their crimes. It is deeply shameful.

The number one priority for the federal government is to keep Canadians safe. The government has been derelict in its responsibility.

I, together with my Conservative caucus members, will always stand on the side of victims and keeping our communities safe by holding criminals accountable for their actions. I will be very strongly voting against this bill, and I encourage all members in the House to do the same.

[Larry Maguire, Conservative, Brandon—Souris, MB]

Madam Speaker, I want to thank my colleague for his commitment to the justice committee, which has been dealing with this issue. All I want to say on that is that the government is targeting the wrong sector of people with this particular bill.

I have given the numbers here in regard to the drug crisis in Canada. I want to say that I was going to add that Bill C-5 is not about reducing mandatory minimum sentences for simple possession. In fact, mandatory minimums for simple possession do not even exist. We also know that in constituencies such as mine, the RCMP is spread very thin, and I mentioned the lack of resources for policing.

My colleague from Lakeland passed her motion to conduct a study on rural crime, and that is the one on which the Liberals on the committee used their majority and turned the report into a one-page report that was void of any substance.

[Gary Anandasangaree, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada]

Madam Speaker, I note that my good friend was not at committee for the study on Bill C-5, but there was at least one amendment that we did accept, and we worked, I would say, collaboratively to make sure that we strengthened the bill, so I reject the premise that we did not work together on this measure.

I want to ask him about the notion of systemic racism and whether he thinks it exists within the criminal justice system. If so, what would his solution be for that, and does he not feel that this bill addresses one of the core issues that we are trying to deal with?

[Larry Maguire, Conservative, Brandon—Souris, MB]

Madam Speaker, it is my privilege to speak today to Bill C-5.

In the same month the Liberal government introduces legislation that specifically targets law-abiding firearms owners, the House is now debating a bill that eliminates mandatory minimums for robbery with a firearm, extortion with a firearm, willfully importing or exporting illegal firearms, discharging a firearm with intent, using a firearm in the commission of offences, possession of an illegal firearm and possession of a firearm obtained illegally.

As people say, we cannot make this up. No one in my constituency has called me to tell me they want mandatory minimums repealed for these serious crimes. People are furious, and rightly so.

As Sergeant Michael Rowe of the Canadian Association of Chiefs of Police said at the justice committee, “The police in Canada support the primary objectives of mandatory minimum penalties to ensure consistency in sentencing, to protect the public and to discourage others from engaging in similar conduct.” He also mentioned that these mandatory minimums “hold significant value when addressing public safety and gang-related violence: the use of a firearm or imitation firearm in the commission of an offence”.

The government is not even listening to the recent report published by the public safety committee right here in Parliament. Recommendation 11 states:

That the Government of Canada recognize that serious crimes involving firearms and drug trafficking should bear serious penalties given the threat to public safety, and that violent offenders should be kept off our streets to protect the public, while a public health response should be adopted to deal with people suffering from substance abuse.

I have always believed that serious violent offences that are committed with firearms deserve mandatory prison time. It is astonishing that the Liberals want to weaken the punishment of these crimes in Canada. I also have grave concerns with the Liberals' proposal to allow criminals to serve house arrest rather than jail time for a number of offences, including those involving sexual assault, human trafficking and kidnapping.

This bill is soft on crime and puts communities and victims at risk. The sad irony of the Liberals' plan to make our streets safer is, in fact, going after trained Canadian firearms owners, while at the same time reducing penalties for those who commit violent gun crimes and sell hard drugs. Bill C-5 is sending the wrong message to criminals and organized crime.

I doubt any of these criminals are watching CPAC at this very moment, but I can assure members that law-abiding firearms owners are watching. The government is insulting hundreds of thousands of law-abiding firearms owners, who are being blamed for the government's lack of action to tackle gun smuggling and organized crime.

Gun violence has gone up significantly over the past seven years of the Liberal government. That is a fact. It is also a fact that most guns used in violent crime are smuggled in from the United States. According to CBSA's departmental results report, almost 20,000 illegal firearms and prohibited weapons were confiscated before coming into Canada. Those are just the ones that were confiscated, and just the illegal ones we know about. No one knows how many slipped through the cracks and were used in a violent crime. Gun smugglers and gun traffickers are directly responsible for the murder of too many innocent Canadians.

As the president of the National Police Federation said at the justice committee, “Bill C-5 strikes down some mandatory minimum penalties related to weapons trafficking and firearms offences. This is inconsistent with the expressed intent of the government to reduce firearms violence in Canada.” He went on to say that if the Liberals are going to repeal these mandatory minimums, they must provide “additional deterrence measures to address criminal activity, such as providing more resources to stop the import of illegal drugs and firearms at the border.”

Through Bill C-5, the Liberals are proposing to eliminate mandatory minimum sentences for the very crimes that are putting illegal firearms on our streets in the first place. Tell me how the Liberals can justify placing heavy restrictions on law-abiding citizens while removing them for violent criminals on the streets. The short answer is they cannot. Let us not forget that last year, the same Liberals voted down a Conservative bill that proposed making the punishment harsher for criminals using smuggled guns.

I received an email from John Schneiderbanger the other day, who asked me to share his comments in the House of Commons. Before any of my Liberal colleagues start smearing John as some sort of firearm lobbyist, let me tell his story.

John proudly served in the Canadian Armed Forces and rose to the rank of lieutenant colonel. He was posted to CFB Shilo, which I am honoured to say is in my constituency, where he served as base commander. He is a firearms expert and has decades of experience and a wealth of knowledge of which we should take heed.

While Bill C-5 repeals mandatory minimums for actual criminals, the Liberals are going after sport shooters in his case. If the Liberals get their way, they will be impacting legitimate shooting sports such as Cowboy Shooting Action, International Practical Shooting Confederation, 3-Gun, IDPA and Cowboy Mounted Shooting.

Many of these competitors participate in high levels of competition, some of them around the world, and there are governing bodies at the provincial, national and world levels. They are legitimate and organized sports that are recognized around the world and would no longer exist in Canada due to the Liberal government's inability to focus on correct root causes of violent crime committed by criminals with illegal guns.

As John said, these shooting sports will wither away quickly as the current membership becomes older and leave the sport, as other sport shooters cannot replace the competition handguns over time. No new members will be able to join these activities, as there will be no legal handguns available to acquire.

If the Liberals will not take my advice, they will at least listen to one of Canada's finest, Mr. Schneiderbanger, who also knows the Firearms Act inside and out.

Along with eliminating sentences for gun crimes, this Liberal bill would eliminate mandatory prison time for serious drug-related offences. These include sentences for drug trafficking as well as importing, exporting and producing drugs such as heroin, fentanyl and crystal meth.

Canada is in the midst of an opioid crisis. We all know that. In 2020, the opioid crisis claimed the lives of 6,306 people. That is the equivalent of 17 opioid deaths per day. The volume of police calls related to suspected overdoses has also been increasing. As of right now, police services across the country are dealing with an average of 687 calls per month of suspected overdoses. One would think the Liberals would have proposed some solutions in the latest budget to help, but they did not offer a single new dollar to assist police services with this increased demand.

It gets worse. The Liberal platform promised $250 million in 2021-22 and $625 million in 2022-23 for a Canadian mental health transfer, but none of those dollars have materialized. While provinces and municipalities are in dire need of help, once again they were promised action but given platitudes. My Conservative colleague from Edmonton—Wetaskiwin has repeatedly asked why the Liberals did not keep this promise, and all he has heard back is useless talking points.

I know my Liberal colleagues care about this issue; I just do not know why they are not holding their own government's feet to the fire. Why are they letting the Prime Minister and the Minister of Finance get away with this broken promise and then voting in favour of Bill C-5, which is going to lessen the penalties for the gangs and organized crime that are peddling the opioids?

I want my Liberal colleagues to know how bad drug-related offences are under their watch. Cocaine trafficking is up 24% since 2016. Trafficking of drugs other than cocaine and cannabis is up 73% since 2016.

Contrary to Liberal talking points, Bill C-5 is not about reducing mandatory minimum sentences for simple possession. In fact, mandatory minimums for simple possession do not exist.

In closing, I want to say that it is unfortunate that the Liberals on the committee used their majority and turned the report into a one-page report that was void of any substance—

[Tony Van Bynen, Liberal, Newmarket—Aurora, ON]

Madam Speaker, I am pleased to speak to Bill C-5, an act to amend the Criminal Code and the Controlled Drugs and Substances Act, which returns to the House after having been studied by the House of Commons Standing Committee on Justice and Human Rights.

Today, I propose to focus my remarks on the very important changes that the bill proposes to make to the conditional sentence regime in the Criminal Code. What we have seen consistently throughout the debate on this bill is that there remain some significant misunderstandings about the important function served by conditional sentence orders, or CSOs, in our society. In order to explain the importance of Bill C-5's amendments in this area, I would like to take a moment to speak about how and why CSOs came to be.

CSOs allow an offender to serve a term of imprisonment of less than two years in the community under strict conditions, including house arrest, curfew and court-mandated treatment for offences that are not punishable by a mandatory term of imprisonment. They were enacted by Parliament in 1996 in response to the well-documented problem of the over-incarceration of indigenous people. The aim of the CSO regime was to promote the protection of the public by seeking to separate the most serious offenders from the community, while providing that less serious offenders could remain in the community if they adhered to important conditions.

Amendments to the Criminal Code over the subsequent 15 years, however, significantly restricted the availability of CSOs. They were made unavailable for all offences punishable by maximum terms of imprisonment of 14 years or more, as well as some offences prosecuted by indictment and punishable by a maximum term of 10 years of imprisonment. The reform also introduced a list of ineligible offences to the CSO regime, including such offences as non-violent property crime.

It is uncontroversial at this point to acknowledge that systemic racism and discrimination in the criminal justice system have resulted in the overrepresentation of indigenous people, Black persons and members of marginalized communities in the criminal justice system. One only needs to look at the country's track record to see the pressing need for change. Indeed, recent data from the Office of the Correctional Investigator demonstrates that indigenous people make up 32% of the federal prison population despite accounting for less than 5% of the total population. Indigenous women, meanwhile, account for 48% of the population in women's prisons.

Members of the community who are overrepresented in the criminal justice system have long called for reform to address the systemic racism and discrimination they face at all stages, from their first contact with law enforcement through to sentencing. Indeed, the Truth and Reconciliation Commission and the Parliamentary Black Caucus have specifically called on the government to revisit the restrictions placed on the conditional sentencing regime in the Criminal Code.

Bill C-5 would make more offences eligible for community-based sentences while maintaining the importance of public safety in all circumstances. Let me repeat that last statement, as this point is too frequently lost in discussions about the proposed amendments. Removing these restrictions on the availability of CSOs will not negatively impact public safety. This is because in order for a court to impose a CSO, it must first be satisfied that this sentence would not endanger the safety of the community. If the offender represents a danger to public safety, then the court is precluded from imposing a CSO.

In addition, a court must be satisfied that a sentence of less than two years is appropriate in the circumstances, and that the community-based sentence would be consistent with the purpose and principles of sentencing set out in the Criminal Code. That is the law, and the proposed amendments would not change that.

Moreover, the amendments proposed in Bill C-5 would not indiscriminately render all offences eligible for the CSOs. Currently, all offences that carry mandatory minimum prison sentences in the Criminal Code are ineligible for a conditional sentence, and that would not change. Similarly, all offences that are linked to terrorism or organized crime, for which the maximum penalty is 10 years of imprisonment or more when prosecuted by way of indictment, are ineligible for a CSO. This too will not change. The bill would also render the offences of torture, attempted murder and advocating genocide ineligible for a CSO.

The evidence shows us that allowing low-risk offenders who do not jeopardize public safety to serve their sentence in the community under strict conditions is more effective at reducing criminality than institutional incarceration. This is because serving a sentence that maintains an offender's access to employment, family, community and health-related support systems allows them to avoid the stigma and trauma of a prison sentence and provides them with a prosocial alternative to criminal offending once their sentence is complete. Indeed, evidence gathered after the original enactment of CSOs supports this finding.

Within the first few years of the implementation of CSOs, recidivism rates declined and incarceration rates decreased by 13%. During the bill's study at the justice committee, the committee heard from experts and stakeholders in the field of criminal justice in Canada. Many of these witnesses, including the Canadian Association of Black Lawyers, the HIV Legal Network, Dr. Julie Desrosiers of the faculty of law at Université Laval, the Criminal Lawyers' Association and the Canadian Bar Association, indicated that these reforms to the CSO regime represented a step in the right direction. I could not agree more. I firmly believe that these amendments strike the right balance between providing alternatives to incarceration where appropriate, while maintaining and prioritizing public safety where serious offending is at issue.

This legislation is an important component of the government's ongoing efforts to reduce the overrepresentation of indigenous people, Black persons and members of marginalized communities in our criminal justice system, and would afford more opportunities for rehabilitation in appropriate cases. I urge all members to support these important reforms.

[Sébastien Lemire, Bloc, Abitibi—Témiscamingue, QC]

Madam Speaker, I would like to hear my colleague's opinion. I think the best way to fight crime is often through education. This applies to both issues Bill C‑5 deals with and, moreover, to young offenders, those who have already committed a crime, to make them understand the consequences of their actions.

The Conservative strategy is to treat them like criminals. When we look at the statistics in western Canada, compared to Quebec, we can see that the Quebec approach, namely social reintegration, works better.

Why should we not be looking at this from the perspective of educating people to understand the consequences of their crimes, rather than a criminalization perspective? I cannot get my head around that.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Madam Speaker, at points in my hon. colleague's speech, and he may have misspoken, he seemed to suggest that Bill C-5 would mean there are no punishments for these horrific crimes.

I support Bill C-5. As a matter of fact, as the member will know, I put forward amendments to include other crimes that now have mandatory minimum sentences.

The key point here, and it has been taken up by governments around the world, is that mandatory minimums are not a deterrent to violent crime. They have perverse results, in that they promote the district attorneys and prosecutors having more power than judges, in that they are able to force plea deals, because the mandatory minimums are so severe and a threat to people who have not been shown to be guilty of the crime.

We are looking here at making criminal justice fairer and at ensuring the punishment fits the crime, but no one is suggesting these violent criminals should not be punished. We think that judges should decide.

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

Madam Speaker, my hon. colleague referenced Bill C-5 and how it would impact the trafficking of very serious drugs like fentanyl, carfentanil, cocaine and crystal meth. Bill C-5 would take away the mandatory minimum penalties, and it would also open up the possibility for conditional sentence considerations and house arrest.

Knowing what we know about drug traffickers plying their deadly trade in the comfort of their own homes, how do you feel the government's narrative with respect to community safety is now being compromised?

[Jake Stewart, Conservative, Miramichi—Grand Lake, NB]

Madam Speaker, it is a pleasure to be here today and certainly, it is a pleasure to speak in the House of Commons. It is nice to see you again, as well.

I stand today to speak to the utter hypocrisy of the Liberal government and to shine a light on the utter disrespect for law-abiding Canadians and victims of crime. The government, with the prop-up support of the NDP, is attempting to push through Bill C-5, which would see the removal of mandatory minimum sentences for serious criminal offences in this country. Let me be clear on this. The Liberals are eliminating mandatory prison time for criminals who commit robbery with a firearm, weapons trafficking and drive-by shootings.

The Liberals' argument is that they are doing this because they feel these laws are unfair. I cannot make this up. What would the victims of these crimes consider unfair? I surely think they would feel that the person or persons who traumatized them through violent acts now being set free by the Liberal government is what is actually unfair.

Can members imagine being the victim of a drive-by shooting, losing a loved one or being robbed or held at gunpoint? Let us imagine this. These are the mandatory sentences that the government is trying to get rid of. The Liberals are more interested in standing up for criminals than actually defending our communities. The blatant hypocrisy is apparent with the fact that they willingly want to let gun crime perpetrators free sooner so that they can go out into our communities and wreak havoc again, and yet, they stand in righteous defence of enacting gun laws in this country that only serve to punish law-abiding citizens.

Let us look at some of the offences for which the Liberals feel the punishment is unfair. Bill C-5 would eliminate a number of mandatory minimums relating to gun crimes. Here they are: robbery with a firearm; extortion with a firearm; weapons trafficking; discharging a firearm with intent; using a firearm in commission of offences; and possession for the purpose of weapons trafficking.

When we hear the list out loud, as parliamentarians we must ask ourselves, is this seriously what the government wants for Canadians? Can a government seriously think that mandatory sentences are unfair for these types of crimes? We might ask ourselves if we are actually living in Canada or if any of this is real to begin with. Sadly, this is real and the members of this House have to stand and speak to this. Quite frankly, it is making our country unrecognizable.

The Liberal government believes the sentences are unfair. That is how it is putting it. The Liberals have no concern for the victims of these crimes. Their only concern is actually for the criminals who perpetrated the acts to begin with.

There are a few other examples of who the Liberal government feels are being mistreated by the justice system. The Liberals would eliminate six mandatory minimums in the Controlled Drugs and Substances Act that target drug dealers. Here they are: trafficking or possession for the purpose of trafficking; importing and exporting or possession for the purpose of exporting; production of a substance schedule I or II. Let me say that last one again: production of a substance schedule I or II. Examples here would be heroin, cocaine, fentanyl and crystal meth.

If I were not standing here as the member of Parliament for the great riding of Miramichi—Grand Lake and I was actually home in the community, maybe at Tim Hortons having a coffee, upon hearing this, I would think that it had to be wrong and there could be no way that any of this was true. What government could ever think that someone who produces a poison like crystal meth should be considered treated unfairly because they had to serve a mandatory sentence for their crime?

Crystal meth is pure poison. It is creating rot and decay in every community, including all across rural Canada. The problem is so vast in the region of Miramichi that the public is left scratching their heads on a good day. Law enforcement clearly does not have an answer for it at present. It is very complicated. This issue is really complicating life in Canada. How can we not give the people who produce it mandatory sentences? They are just going to keep doing it.

The members opposite who vote for this bill should be utterly ashamed when they go back to their home communities knowing the plague and rot of crystal meth abuse is rampant across the country. It would be in their backyards too, because it is everywhere in this country. The evil individuals who prey on their fellow man with the production of this drug should do every minute of time we can give them to keep them off our streets and hopefully keep them from enslaving more people with this highly addictive poison.

Canadians will have to try to mentally process how the government can feel that a meth producer is being treated unfairly. At the same time they also must process how the government feels about other criminals. Again, I want to say that as members of the opposition, we are obviously not supporting this. We want people who are going to produce these types of poison to be behind bars, because that is where they should be, and if you are going to commit crimes with weapons and firearms, then you need to have mandatory sentences as well.

The House resumed from June 1 consideration of Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act, as reported (with amendment) from the committee, and of the motions in Group No. 1.

Bill C-5—Time Allocation Motion

[Sébastien Lemire, Bloc, Abitibi—Témiscamingue, QC]

Madam Speaker, Bill C-5, in and of itself, is an interesting bill, but we get the feeling that it comes with a poison pill, which bothers me. Two bills that do not necessarily have anything to do with one another are being lumped together to get the less popular one passed.

As the government House leader, the member is responsible for the government's strategy.

Why is the government trying to hand us poison pills yet again? Why can we not have transparent debates in the best interests of Canadians on issues that affect them?

[Rob Moore, Conservative, Fundy Royal, NB]

Madam Speaker, the hon. member keeps perpetuating the same myth. He mentioned Newt Gingrich and former prime minister Stephen Harper. The mandatory minimums that would be eliminated in Bill C-5, and it is important for Canadians to know this, are not from a Conservative government. They are from a Liberal government. I do not know why Liberals cannot accept that part of their past.

The mandatory minimums for extortion with a firearm, discharging a firearm with intent, and robbery with a firearm were introduced by Liberal governments. I know the hon. member served with former Liberal MP and parliamentary secretary for justice Marlene Jennings. He knows her. She said, “It was a Liberal government that brought in mandatory minimum sentencing for gun-related crimes. This is a whole category of them, where currently it is a minimum of one year. There is a second category of designated offences where it currently is four years. Liberals sought to increase the one year to two years and the four years to five years at committee.”

Is the hon. member suggesting that Marlene Jennings does not know what she is talking about?

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Madam Speaker, I very much support Bill C-5. I agree with everything the hon. government House leader has just said about the importance of criminal justice actually being effective in deterring crime and not resulting in the disproportionate convictions of people of colour and indigenous people in this country, which is clear on the record.

My concern is about using time allocation. It is true that it was started under the previous Conservative government, but I have to say that it has been pursued with a vengeance by the current Liberal government. I do not see any difference in how frequently time allocation is being used. My concern is, as it is with everything in this place, that those things that start as bad habits quickly become rules. We are essentially saying time after time that parliamentary debate and our Standing Orders for how legislation proceeds through this place are just inconvenient and slow things down.

I am not without sympathy for the government's point of view, because of the obstruction from other parties, but I will say this. I do not think we have an election looming. The Liberal-NDP confidence and supply agreement does not suggest that if we do not get this bill through before the end of June we will have a terrible calamity in getting the bill to the Senate.

I would ask the hon. House leader to reconsider the routine use of shutting down debate in this place.

[Randall Garrison, NDP, Esquimalt—Saanich—Sooke, BC]

Madam Speaker, there are very important things in Bill C-5 in the reduction of mandatory minimum sentences, which have terrible impacts on indigenous and racialized Canadians. However, I have to correct the record for the Conservatives and the Bloc members, who seem not to have paid attention to what happened in committee.

We did work collaboratively in committee, and government members accepted two amendments from the NDP, which have strengthened the bill. One of those amendments would get rid of criminal records for personal possession of drugs within two years, and the other strengthens the accountability mechanisms through record-keeping when police use their discretion to avoid charging people. Those are two important improvements in the bill.

When they talk about how Parliament is supposed to work, that is exactly how it worked in committee. We got a better bill, a stronger bill, and today I am going to support this motion for time allocation, because we have to get this done on behalf of those Canadians who suffer from the mandatory minimums that were introduced at one time by the Liberals but also, primarily, by the Conservatives.

[Alain Therrien, Bloc, La Prairie, QC]

Madam Speaker, I could talk about Bill C-5 and provide a detailed explanation as to why we should spend more time discussing it, but that is not even the issue anymore. It is as though we were starring in Groundhog Day, revisiting the same scenario over and over again. The government is bombarding us with gag orders day after day and limiting time for debate.

Members of Parliament are supposed to fine-tune the bills tabled by the government. On top of that, this is a minority government. It needs to be said: Quebeckers and Canadians gave this government a minority mandate so that members of Parliament can do their work properly, rein in the government when necessary, work together, and make the government understand that any bill can always be improved. However, that is not what we are seeing here today, and the Bloc Québécois can only deplore it.

I have a simple question. When will this never-ending string of gag orders stop?