Bill C-5 (Historical)

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.

Justice

[John Brassard, Conservative, Barrie—Innisfil, ON]

Mr. Speaker, I am sure the Prime Minister would be proud of this member for his intervention today. The Prime Minister refers to spreading disinformation quite a bit.

Let us go back to what actually happened here. The member for St. Albert—Edmonton, who is a member of the justice committee, proposed the motion during Routine Proceedings to split Bill C-5 at committee to allow the committee to effectively do its work. I then stood up and said that we want to put the question, which means we want to put it to a vote. That vote would have happened on Monday. There would have been no need for debate. There would have been no need for the parliamentary secretary to the government House leader to stand up and do this filibuster, and I suspect there are going to be others as well. They could have easily gone to Bill C-19 to debate it. I am guessing that maybe either the whip of the Liberal Party or the House leader has called the House leader of the NDP to prepare him to speak to this just to filibuster this.

Let us be very clear about what happened. We put the question. We could have voted on this on Monday and we could have gone to Bill C-19.

This is not a question, but more of a comment. I am curious as to why the parliamentary secretary to the government House leader has decided to filibuster his own piece of legislation to delay time so that we cannot get to Bill C-19. It just does not make any sense.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, having gone through that, I should be given a bonus five minutes, I would suggest.

At the end of the day, the Conservatives like to play their games, and we saw that just now. They do whatever they can to play a game, cause distractions and lose the focus on what I believe and the government believes is important to Canadians, such as the budget and the budget implementation bill. We do not get very many bills that are more important than the budget implementation bill, something that invests billions and billions of dollars into supporting Canadians in all sorts of different ways. That is what we were supposed to be debating today. On a Friday afternoon, the Conservative Party, Canada's official opposition party, wants to play games.

As much as the Conservatives want to focus on their games and their character assassinations, I can say that all members of the Liberal caucus will continue to have their focus on Canadians and the people of Canada first. That is the reason why we are very excited about Bill C-19, no matter what sorts of games might be played by the Conservative opposition. We understand how this budget is going to have a profoundly positive impact on building a stronger, healthier Canada. We will continue to support the middle class and those aspiring to be a part of it, and push aside the games. That is the assurance that I would give members.

I do not support this motion. Bill C-5 should stay as one bill, as was the intent.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, if the member were actually listening, it is 100% purely relevant. Prior to their cousin in the Bloc's interruption, I was speaking specifically to the motion. After the Bloc's interruption, I made references to why the Conservatives are trying to change the topic to prevent us from being able to talk about C-19, and my Conservative friend got all upset and stood up to say that I am not being relevant. The Conservatives really need to start putting on their thinking caps.

At the end of the day, what we should be debating today is the good-news budget. There is no doubt that there are many things within it which they can raise, but they are the ones who have chosen not to want to debate it today. Instead, they want to have a discussion or a debate on a motion dealing with why we should split into sections a government piece of legislation through this particular motion.

It is interesting because, as I was pointing out, there are different approaches to justice. There is a Conservative approach versus our Liberal government's approach to justice.

I highlighted the one difference regarding incarceration, but that is not the only one. We have confidence in our judicial system. We recognize the independence of our judges and the judicial system. The Conservatives, on the other hand, have a difficult time with that. They really and truly do.

They believe that if we cannot trust judges, we put in minimum sentences. The legislation they are attempting to split up, and increasing the number of votes for, is a reflection of some of the reforms the Minister of Justice has been working for a good period of time now. He has been looking and listening to the different stakeholders, working with different jurisdictions, provincial or others, within the civil service.

I know that we just have to listen to question period and we can understand that the Conservative Party has a lack of faith and trust in our civil service, but that is not shared universally. We recognize the hard work and the efforts that our civil servants put in, whether it is in passport offices or in ministerial offices formulating legislation and ensuring the type of legislation we bring forward is ultimately for the betterment of Canada.

That is what we are seeing here. I have had the opportunity, in the days in which I was an MLA, not only as a provincial justice critic, so I have fairly significant experience in dealing with justice-related issues, but also as the chair of the Keewatin youth justice committee for a number of years. The youth justice committee was where I learned a great deal about how communities can be involved in ensuring that justice is not just being seen as being done, but is in fact done.

One of the best ways I have seen this is through restorative justice, where we get the victim and person who committed the offence together, and that does happen. When it does happen, we see it as a good thing, because often through that process, we see that the victim will get a greater sense of satisfaction. Now, obviously, that does not work in all situations.

The youth justice committee would often have young offenders come before it. Committee members would listen to what the young offender has to say and come up with a disposition in terms of what the consequences should be for that young person for whatever offence was committed. To give a specific example, let us take shoplifting. We all know that shoplifting is a bad thing. However, because of the justice committee, it is personalized so that the victim, a store in this case, would have the opportunity to provide input from the victim's perspective, and then the offender would come before individuals in the community who are, in essence, honorary probation officers.

I raise this because, even at that level, there is a certain amount of expertise that is provided from constituents, from people who live and work in our communities. They get a good assessment of the environment that this young person was in, and through that assessment, they are able to give a disposition that is more fitting for the individual. I use this as an example because we can take some of the principles from that example and apply them even to a courtroom, where there are a judge, lawyers, a victim and an offender.

When we take a look at the legislation that the Conservatives want to divide, they are saying that if person X commits crime Z, that person has to serve a minimum amount of time. They want to override everything that has been said in the courtroom. They are saying to the judge that they do not have the confidence in the judge to get an evaluation of the situation that might have ultimately caused the crime and led to the actual offence itself.

When I think of minimum sentences, I think in terms of limitations. At times, there is a need for minimum sentences. However, the idea that we need to review them and make some changes is long overdue. We need to recognize that there is systemic racism within our communities. Not to consider our courts and our institutions when we think of the issue of racism would be a huge mistake.

I was not in committee during the discussions on second reading of the bill, but I suspect we would find a number of witnesses who recognized that systemic racism is found within our courts, and one of the ways we can minimize some of that racism is by looking at ways in which we can address the issue of minimum sentences.

When we really stop and think about it, the motion being brought forward by the Conservative Party does two things. One, it addresses the specifics of Bill C-5 in wanting to divide it up. One could question the motives of trying to do that. Is it as simple as having—

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

On that point of order, Madam Speaker, I would affirm that the member did ask from his seat that the question be put, and that is the reason why I stood. I would like to be able to speak to the motion. I understand it is in regard to the splitting of Bill C-5, and I have some thoughts on that to share with the members.

Bill C-5

[Michael Cooper, Conservative, St. Albert—Edmonton, AB]

Madam Speaker, every day, four Canadians are killed at the hands of an impaired driver, yet the Liberal government wants to go soft on impaired drivers with its soft-on-crime Bill C-5. The bill would allow criminals convicted of impaired driving causing death to serve their sentence from home.

At the justice committee, the director of victim services of MADD Canada characterized Bill C-5 as hurtful and harmful to victims of impaired driving. The same is true for victims of sexual assault, kidnapping and human trafficking, given Bill C-5's reckless expansion of house arrest for these and other serious offences.

While the Liberals stand up for criminals, Conservatives will continue to stand up for victims by fighting Bill C-5.

[Rob Moore, Conservative, Fundy Royal, NB]

Mr. Speaker, the Liberals' soft-on-crime Bill C-5 would end mandatory jail time for serious crimes such as robbery with a firearm, extortion with a firearm and weapons trafficking. The Liberals are also using this bill to allow criminals who benefit financially from human trafficking or people charged with sexual assault to serve their sentence from home. These are violent crimes, but the Liberals do not consider them to be serious offences.

Of course, victims and those who support them know that is simply not the case. Just last week, the executive director of the London Abused Women's Centre told the justice committee that putting an offender back in the community puts women at higher risk.

This bill flies in the face of those who call on the government every day asking for safer streets and safer communities, and it is an absolute affront to victims. The government must stop trying to tip the scales of justice in order to benefit violent criminals over their victims and survivors.

Missing and Murdered Indigenous Women and Girls

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Mr. Chair, it is unfortunate to hear the member from the Green Party try to single out one particular sector. We know there are problems of violence against women from people in all different sectors and all different parts of the economy. It is a problem we need to address more broadly. To single out workers in one sector is very unfair and reflects another agenda.

I want to ask the member a follow-up question from the speech given by the minister with respect to human trafficking. We know that human trafficking disproportionately affects indigenous women. There were concerns raised by members of our caucus with respect to Bill C-5 and the fact that amendments to Bill C-5 opened the door for possible house arrest for people involved in human trafficking. It is our contention that tough sentencing in response to human trafficking is part of the solution to combatting this. I wonder if the member has a comment on that.

Extension of Sitting Hours and Conduct of Extended Proceedings

[Francesco Sorbara, Liberal, Vaughan—Woodbridge, ON]

Madam Speaker, it is great to be here this evening as we enter week two of the four weeks in this part of our sittings. I am thankful for the opportunity to speak today to the government's proposal to extend the proceedings in the House of Commons for the remainder of the session.

I will be splitting my time with the member for Lac-Saint-Louis.

This Parliament was elected to get things done. As we have seen over the previous months, our government has an ambitious legislative agenda and we have a lot to accomplish in the weeks ahead.

In the last election, the wonderful residents of Vaughan—Woodbridge elected me for the third time because I ran on a platform that promised to grow the economy, fight climate change, make housing more affordable and protect our country's most vulnerable. Now that we are here today, Canadians expect their parliamentarians to deliver on those promises. This means the House of Commons needs to find a way to continue its important work and drive legislation in a timely and judicious manner. That is what the proposal we are discussing today sets out to do.

Over the last few months, we have seen an ambitious legislative agenda put forward by our government, but we have also seen a concerted effort by the Conservatives to obstruct the work of other MPs in the House of Commons. The Conservatives have shown a pattern of obstruction of legislation, including on Bill C-8. They have debated it for 10 days in the House of Commons and continue to block it, denying Canadians the support they need as our economy continues to recover as we exit the COVID pandemic and as we continue to fight to create good middle-class jobs from coast to coast to coast, which we are doing. We need to get Bill C-8 across the finish line and get it done.

Bill C-8 implements critical components of the fall economic and fiscal update tabled by the Deputy Prime Minister and Minister of Finance on December 14, 2021. The bill includes critical supports for workers and businesses needed to help tackle COVID-19, and support for territorial and provincial health care systems on vaccines, ventilation in schools and rapid tests. It also implements several tax measures, including tax credits for businesses purchasing ventilation supplies and for teachers who purchase school supplies to assist with virtual learning.

Since the start of the pandemic, our government has put in place unprecedented measures to support people and businesses across the country, to support our friends, our neighbours and our family members. Since day one, our government has had the backs of Canadians.

In Bill C-8, our government has outlined our plan to procure millions of rapid tests free to provinces, territories and indigenous communities. Bill C-8 includes support for workers and businesses, with changes to CEBA and El. We have proposed to create a host of tax credits, which would benefit Canadians, including a ventilation improvement tax credit for small businesses, tax deductions for residents of northern Canada, supporting our rural communities from coast to coast to coast, and support for farmers by returning fuel charges in involuntary backstop jurisdictions. Bill C-8 also proposes to implement a national tax on the value of non-resident, non-Canadian-owned residential real estate in Canada that is considered to be vacant or underutilized.

Here is the thing: Our plan is working. We have now surpassed our target of creating a million jobs. By delivering significant fiscal support to the economy and avoiding the harmful Conservative austerity policies that followed 2008, our Liberal government has supported a rapid and resilient recovery. We know that there are challenges ahead and the future remains uncertain, but we also know that we need to reinforce the importance of passing this legislation so that we can focus our attention on the future.

As we finish the fight against COVID-19, we will turn our resolve toward fighting climate change, addressing housing affordability, advancing reconciliation with indigenous people and building an economy that is stronger, fairer, more competitive and more prosperous for all Canadians. If the Conservatives are opposed to those measures to support Canadians, that is their prerogative; that is their choice. However, one party should not get to obstruct the work of other MPs in the House of Commons.

That is not the only bill that I would like to see moved forward before the end of the session. We know that the budget implementation act will be debated soon. On April 7, 2022, the Deputy Prime Minister and Minister of Finance introduced “Budget 2022: A Plan to Grow Our Economy and Make Life More Affordable”. It is a plan that invests in Canadians and a plan that will help build a Canada where no one is left behind. The BIA will put those priorities into action.

Budget 2022 invests in three main things: people, economic growth and a clean future for everyone. Through targeted and responsible investments, our government will help make life more affordable, create jobs and prosperity today, and build a stronger economic future for all Canadians tomorrow.

We know from the budget that we are making it easier for Canadians to buy a home. We are moving forward on dental care. We are investing to help businesses scale up and grow. In the budget, we are making wealthy corporations pay their fair share. We are investing in a clean future and helping Canada become a world leader in producing electric vehicles. I know that everyone in the House and all Canadians are very happy to see the $3.6-billion investment that was made by Stellantis, in partnership and collaboration with the federal government and the provincial government. It means, here in Ontario, thousands of direct jobs and tens of thousands of jobs indirectly. It is a great day for the auto sector, a great day for this province and a great day for hard-working middle-class Canadians.

We have all seen the recent statistics. Canada has the strongest jobs recovery in the G7, having recouped 112%, and I think up to 150%, of jobs lost since the peak of the pandemic. Our unemployment rate is down to just 5.5%, close to the 5.4% low in 2019, the lowest rate on record for five decades. Also, throughout the pandemic, we maintained a strong fiscal anchor and fiscal footprint, with the lowest net debt-to-GDP ratio relative to our G7 peers.

Now, as we emerge from the pandemic, our government is focused on the priorities that Canadians expect us to deliver on: making life more affordable, creating jobs, growing the economy and ensuring a clean future for everyone. We need a healthy environment.

We will also need to move forward with Bill C-11, on online streaming. For decades, our system has guaranteed the creation of Canadian movies, TV shows and music that make us proud to be Canadian. Today, streaming platforms benefit from access to the Canadian market but have zero responsibility toward Canadian artists and creators. With our online streaming bill, we are asking online streamers to showcase and contribute to the creation of Canadian culture. Canadian broadcasters play by one set of rules and streaming platforms play by another. There should be one set of rules for everyone. We have been clear since the beginning: Those who benefit from the system should contribute to it. That is exactly what we need to see, so we need Bill C-11 to move forward.

To come back to our discussion about the motion for a moment, the motion would allow for extended time to debate bills, which is a good thing. We have heard from members of the opposition that they want more time to debate significant legislation. This motion allows for that to happen in the evenings when the government and one other party, which represent a majority in the House, request it. We believe that it is important for MPs to have the opportunity to debate legislation, and the motion facilitates this.

Let us think of the other pieces of legislation that could benefit from the additional time for debate.

I think of, for example, Bill C-18. We all know that a free and independent press is essential to Canadian democracy, and the work of our journalists has value. That is why we introduced Bill C-18, the online news act. It would require the tech giants to fairly compensate publishers and journalists for the content shared on their platforms. We are creating a framework to ensure that Canadian publishers, big and small, can negotiate fair deals on more equal terms with the tech giants, the most powerful companies in the world. The Europeans are doing it. We are going to do it as well. We will always support quality, fact-based and local Canadian journalism in a fair digital marketplace. I think all members of the House would agree with that, and that is why we should see this bill passed.

We also have Bill C-5, which deals with mandatory minimum sentences. A justice system that jails too many indigenous people, Black people and marginalized Canadians is not effective. That does not keep us safe and it must be changed.

With Bill C-5, we are turning the page on the failed policies of the Harper Conservatives. We are removing mandatory minimum penalties that target lower-risk and first-time offenders that have been shown to increase the over-incarceration of racialized and marginalized groups. We will also provide police and prosecutors with the tools and guidance they need to treat addiction and simple drug possession as a health issue, not a criminal justice issue. My brother is a first responder in the police force so I know he appreciates this.

Bill C-5 represents an important step forward. These changes will ensure that our criminal justice system is fair and effective and will keep Canadians from all communities safe.

To finish, these extended sittings will allow us to debate these bills and will provide more time for MPs to share their thoughts with constituents back home, be their strong local voice here in Ottawa and represent their constituents' views.

Justice

[Gary Anandasangaree, Liberal, Scarborough—Rouge Park, ON]

Madam Speaker, Bill C-5 would provide judicial discretion to allow courts to craft proportionate sentences that consider all the relevant circumstances, including factors such as an individual's experience with systemic racism, their history of trauma or their need for community and health supports.

Should Bill C-5 be enacted, the human trafficking regime would not change. Conditional sentences would continue to be unavailable for the offence of trafficking in persons and trafficking of minors. In all cases, courts would continue to be required to impose sentences that reflect the seriousness of the offence and the moral blameworthiness of the offender.

Bill C-5 is an important step toward addressing systemic racism and discrimination in the justice system while also maintaining public safety.

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

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

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

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

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

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

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

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

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

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

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

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

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

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

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

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

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

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

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

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

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

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

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

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

Bill C‑5—Time Allocation Motion

[Michael Cooper, Conservative, St. Albert—Edmonton, AB]

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

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

[Jenny Kwan, NDP, Vancouver East, BC]

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

Will the minister support my colleague's bill?