Thank you, Mr. Chair.
It's an honour for me to be with you this morning on the unceded land of the Algonquin Anishinabe people here in Ottawa.
I am accompanied by Deputy Minister François Daigle and subject matter experts from the Department of Justice: Matthew Taylor, who is in the room with me, as well as Carole Morency and Andrew Di Manno, who are participating in the meeting via Zoom.
Good afternoon to everyone in the room and to my colleagues online. Welcome to this meeting.
I'm pleased to appear today before this committee to speak about the important amendments proposed in Bill C-5, an act to amend the Criminal Code and the Controlled Drugs and Substances Act.
This bill is part of an effort by our government to combat systemic racism and discrimination. These realities are experienced by too many people who come into contact with the criminal justice system, from their initial interactions with police to sentencing.
Bill C-5 includes three categories of reforms. First, it will repeal mandatory minimum penalties for all drug offences, some firearm offences and one tobacco-related offence. Second, it will allow for greater use of conditional sentence orders, or CSOs. The third reform will require police and prosecutors to consider other measures for simple possession of drugs, such as diversion to addiction treatment programs.
These reforms have been long in coming. Indigenous persons, Black Canadians and members of marginalized communities, particularly those dealing with mental health or addiction problems, are over-represented at all stages of the criminal justice system, but especially in Canada's correctional institutions. This simply cannot continue.
An examination of the factors that exacerbate these disturbing issues reveals that some mandatory sentencing measures that limit judicial discretion have undeniably had a disproportionate impact on the members of those communities. These measures, which were intended to reduce crime by deterring offenders and isolating them from society, have proven ineffective, costly and harmful.
Between 2007 and 2017, indigenous and Black adults were more likely than other Canadians to be admitted to federal custody for an offence punishable by an MMP. Their admission to federal custody with an offence punishable by an MMP almost doubled during those years. For example, Black Canadians comprised 43% of individuals admitted for exporting or importing drugs in 2016-17, and indigenous people comprised 40% of adults admitted for a firearm-related offence that same year.
The sentencing reforms that we propose are consistent with the recommendations that social and criminal justice stakeholders have been making for many years.
The Truth and Reconciliation Commission noted the issue of overrepresentation of indigenous people in correctional institutions and called for its elimination over the next decade. The National Inquiry into Missing and Murdered Indigenous Women and Girls also called for the government to evaluate the impact of MMPs on the overincarceration of indigenous women, girls and 2SLGBTQQIA people and to take action to address the problem. The parliamentary Black caucus has also called for the elimination of MMPs.
The government is listening and taking appropriate measures. This bill would repeal certain mandatory minimum penalties, or MMPs, but not all. We propose to focus on repealing MMPs that have had the greatest impact on the communities in question, while guaranteeing that the courts can continue to impose harsh penalties for violent and serious offences.
Let me be clear on this last point: these reforms will have no negative impact on public safety and will not signal to the courts that the offences concerned are not serious.
MMPs will be retained for serious offences such as murder, sexual assault, all sexual offences against children and certain offences involving restricted or prohibited firearms or that involve a firearm and are related to organized crime.
As for the second category of reforms, Bill C‑5 will increase the use of suspended prison sentences, also called conditional sentences, or CSs.
A CSO is a sentence of incarceration of less than two years that is served in the community under strict conditions such as a curfew, house arrest, treatment and/or restrictions on possessing, owning or carrying a weapon. CSOs will increase access to alternatives to incarceration for low-risk offenders while also furthering the sentencing goals of denunciation and deterrence.
The evidence is clear. Allowing offenders who do not pose a risk to public safety to serve their sentences under strict conditions in their community can be more effective at reducing future criminality. Offenders can keep a job and maintain ties with their family and community. These measures bring back flexibility in sentencing by allowing judges to help people, not just jail them. For example, a judge can impose a CSO for an offender to serve their sentence at home while receiving appropriate mental health and rehabilitation supports.
The measures allow communities to take on the responsibility for the rehabilitation of their members through a community justice program that we are funding. Experts in the field and in the communities themselves tell us that this is the best way to move the community forward, to move society forward and to help everybody, including victims, heal while maintaining public safety. That is what CSOs do.
The reforms in Bill C-5 will remove many limitations on CSO eligibility, but not all. CSOs will be available only for sentences under two years for offenders who do not pose a risk to public safety. I want to emphasize this part, as I believe there is some misunderstanding that CSOs will become available for all offenders. I repeat: They will be available only where public safety is not at risk.
CSOs will also not be available for some offences, including advocating genocide, torture and attempted murder, as well as terrorism and criminal organization offences when they are prosecuted by way of indictment, for which the maximum term of imprisonment is 10 years or more.
Finally, while it is important to enact sentencing measures that aim to reduce recidivism and overrepresentation, it is equally essential to ensure that there are adequate off-ramps at the earliest stages of the criminal justice process. This is especially true for conduct that could more appropriately be treated as a health concern.
To this end, Bill C-5 will require police and prosecutors to consider alternatives to laying or proceeding with charges for the simple possession of drugs. Alternatives will range from taking no action at all to issuing a warning or, if the individual agrees, diversion to an addiction treatment program. These measures are in keeping with the government's public health-centred approach to addressing substance use and the opioid epidemic in Canada.
The damage caused by this failed criminal justice policy is not simply a Canadian problem. I was in Washington last month and met with a number of bipartisan groups and think tanks working on criminal law reform. The message from all of them was that incarceration has failed. Many states, both Democratic and Republican, have abandoned MMPs because they simply do not work. The reforms we are proposing are the reforms they are advocating, repealing MMPs, bringing greater flexibility to sentencing, and diverting offenders out of the criminal justice system in the first place. These are solutions that will address the problems we face.
In addition to the reforms in Bill C-5, our government remains committed to working with our partners in the provinces and territories, as well as with Black, indigenous and marginalized community leadership in order to eradicate the overrepresentation of these communities in the criminal justice system.
Community safety is what we want. These reforms will help make that happen.
I look forward to answering any questions you have.
Thank you.
