Debates of Dec. 13th, 2021

Criminal Code and Controlled Drugs and Substances Act

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

Madam Speaker, early this year in the previous Parliament, the Standing Committee on Public Safety released a report on systemic racism in policing in Canada. When I look at the new additions to the Controlled Drugs and Substances Act that Bill C-5 would make, such as the declaration of principles, the warnings and referrals section, it gives me a bit of a pause. We can look at the experiences of indigenous and racialized Canadians with police forces. Through this bill, we would be now making it entirely dependent on the judgment of police officers as to whether they would issue a warning or referral or whether that declaration of principles would guide them in the interaction.

Could my colleague comment further on that approach and the problems that might be inherent in it?

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

Madam Speaker, that is an important question, and I did raise the issue in my speech. Given the history of systemic racism in policing, I am a bit concerned about who will actually benefit from the warnings and referrals section and whether only more mainstream and less marginalized Canadians will benefit from it. Perhaps, instead, racialized and indigenous Canadians will continue to be over-involved in the justice system for things that are actually a reflection of poverty and addiction instead of an intent to commit crime.

[Mike Morrice, Green, Kitchener Centre, ON]

Madam Speaker, I thank the hon. member for his years of advocacy around decriminalizing illicit drugs and for the decision to include a mention of call to action 32 from the TRC in his speech this morning.

I wonder if the hon. member is willing to comment further on to the National Inquiry into Missing and Murdered Indigenous Women and Girls. To cite the report at page 644, “Mandatory minimum sentences are especially harsh for Indigenous women, girls, and 2SLGBTQQIA people.... This leads to higher incarceration rates.”

Would the hon. member be open to sharing his views on this?

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

Madam Speaker, the hon. member re-emphasized a point I was trying to make in my speech. We have known for a long time that the main impact of mandatory minimums falls very heavily on indigenous women. When we look at the figures, with more than 40% of the women incarcerated in this country being indigenous, we see there is something seriously wrong with our system, and not just with our justice system, but with our social system as a whole.

The missing and murdered indigenous women and girls inquiry and the Truth and Reconciliation Commission called our attention to this and called for action. We have the chance to take actions now by strengthening Bill C-5. I very much hope that we can have those discussions at committee, but that would require the minister to refer this bill to committee before a second reading vote.

[Adam van Koeverden, Liberal, Parliamentary Secretary to the Minister of Health and to the Minister of Sport]

Madam Speaker, I thank my colleague from Esquimalt—Saanich—Sooke for his expertise and decades of advocacy on issues of social justice and others like it. I also want to acknowledge that he is an expert on the subject matter.

He mentioned that we were rushing into debate a bit. I tend to agree with that, but I also agree with him about the urgency of this matter and the importance of correcting the wrongs of the past. I have here a list of the mandatory minimum penalties that would be repealed and the ones that would not be repealed. I also want to thank him for his bravery in speaking out on the aforementioned issues.

I would like to read an excerpt from another colleague, the member for Beaches—East York, who has worked hard on bills relating to these matters. He said the bill would “require police and prosecutors to consider alternative measures—including diverting individuals to addiction treatment programs, giving a warning or taking no further action—instead of laying charges or prosecuting individuals for simple possession”. I agree that the bill would address systemic racism in our judicial system, but I also agree that it would not fix everything.

In closing, I want to express interest and enthusiasm in collaborating with the member on this bill, because I think of all of us here in this place, he has some expertise that we will all benefit from.

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

Madam Speaker, I thank the member for his kind remarks and compliments.

I think we have shown in this Parliament that when we put our minds to it, we can get things done. When I said we were rushing into the debate, I meant yes, we need to rush on this because of the urgency of the issues, but we should not rush into the debate before we have had a chance to have discussions about our common purpose here and what we can accomplish by working together. That is what I was referring to. We certainly need to have those talks and we need to have those talks soon.

[Ryan Turnbull, Liberal, Whitby, ON]

Madam Speaker, I will be sharing my time with the member for Parkdale—High Park.

I stand before the House as the member of Parliament for Whitby, but I grew up in Peel region. My father who was a homicide detective there for much of my upbringing and then moved to the National Parole Board. In terms of my life history, he spent most of his career catching individuals who were committing crimes in our community and making sure they were convicted of those crimes. He then spent the latter half of his career working toward reintegrating offenders successfully within society. Also, I spent seven years working with a local halfway house in Brampton, which definitely gives me a unique perspective on the bill we are debating today.

It is a pleasure to speak on Bill C-5, an act to amend the Criminal Code and the Controlled Drugs and Substances Act. Today, I will be speaking to the issue of mandatory minimum penalties, MMPs for short, in the Criminal Code and the Controlled Drugs and Substances Act.

The importance of equitable sentencing laws in the criminal justice system cannot be overstated. Indeed, imprisonment represents one of the most grave intrusions by the state into the lives of individuals. As such, sentencing laws must be carefully reviewed in order to ensure they reflect the values that Canadians hold dear.

Unfortunately, there are inconsistencies within the current sentencing regime provided by the Criminal Code and the Controlled Drugs and Substances Act that have disproportionately impacted indigenous people, Black Canadians and members of marginalized communities right across Canada. This bill proposes to repeal the particular MMPs that have been shown to have the most significant impact on those communities, while ensuring that courts can continue to impose sentences for violent and serious crimes that respond to their seriousness and the harms caused.

When considering the appropriate sanctions for an offender in a criminal case, a judge must effectively balance the principles of proportionality, parity and restraint. The principle of proportionality requires a sentence to reflect the gravity of the offence and the degree of responsibility of the offender, also taking into consideration some of the background circumstances within which the offender offended. The principle of parity requires sentences to be similar to those imposed on similar offenders in similar circumstances. Perhaps most important is the principle of restraint, which dictates that an offender should not be deprived of liberty if less restrictive sanctions may be appropriate in the circumstances. Balancing these principles is highly individualized and is a process that demands an assessment of all relevant factors, including the personal characteristics and life experiences of the individual standing before the court.

However, when an offence carries a mandatory minimum penalty, the minimum punishment is prescribed by law. This removes a certain amount of discretion from judges, and it means they cannot impose sentences below the legislated minimum, even in cases where they find that a shorter period of imprisonment or no imprisonment at all would be an appropriate sentence given the circumstances of the offence. I will also add here that the Canadian Sentencing Commission recommended the abolition of all MMPs except for murder, and 90% of Canadians when surveyed agreed that judges should be given sentencing discretion.

While proponents of MMPs often argue they ensure consistency and fairness in sentences for the same crime, the reality is that for some crimes they can and do yield unfair results that can have negative impacts on the justice system writ large, as well as on victims. MMPs can be inconsistent with the direction in the Criminal Code requiring judges to use imprisonment with restraint and to consider all available sanctions other than imprisonment that are reasonable in the circumstances for all offenders, with particular attention to the circumstances of indigenous offenders.

Data shows that between 2007 and 2017, indigenous and Black individuals were more likely to be admitted to federal custody for an offence punishable by an MMP than were other Canadians. In fact, the proportion of indigenous adults admitted with an offence punishable by an MMP almost doubled between those years, from 14% to 26%. Similarly, in 2018-19, Black people represented 7.2% of the federal inmate population but only 3% of the Canadian population.

Indigenous people and Black Canadians are particularly overrepresented for firearm and drug offences carrying mandatory minimum penalties. Specifically, Black Canadians comprised 43% of individuals convicted of importing and exporting drugs in 2016-17, while indigenous people comprised 40% of those admitted for a firearm-related offence that same year. To quote from the study, “Over the ten year study period, Black and other visible minority offenders were much more likely to be admitted with a conviction for an offence punishable by an MMP.”

In response to this data, Bill C-5 proposes to repeal mandatory minimum penalties for all drug offences in the CDSA, as well as for one tobacco-related offence and 13 firearm-related offences in the Criminal Code. MMPs should remain for offences such as murder, sexual assault and all child sexual offences, and for certain offences involving restricted or prohibited firearms or where the offence involves a firearm and is linked to organized crime.

While MMPs have been in place since the Criminal Code was first enacted, they were largely the exception until relatively recently. Over the last two decades, there was an increased reliance on MMPs to further denounce crimes, deter offenders and separate them from society. What is interesting here is that the evidence shows the contrary. In fact, there is really no deterrent effect provided by MMPs. No criminal stands in contemplation before committing an offence and considers the length of the sentence they will get, so MMPs do not deter future crime. One of the intentions behind support for MMPs in the first place was that they are supposed to deter crime, but that is actually false based on the evidence I have seen and based on my personal experience from working with ex-offenders.

MMPs are also incredibly expensive and ineffective in general, and they increase the rate and volume of incarceration. Prosecutors can use the threat of mandatory minimum sentences as a bargaining chip. Harsher penalties increase defendants' incentive to go to trial because of higher stakes, which means they are less likely to plead guilty and instead go to trial. They clog up the justice system. They lead to charter challenges and, in essence, increased court costs. Also, longer, harsher sentences lead to the overcrowding of our prisons and increased prison costs.

Overcrowding in prisons also contributes to congestion within the criminal justice system, which soaks up vast quantities of limited resources. This takes away resources that could otherwise be dedicated to release planning and reintegration efforts that actually reduce recidivism. Remember, recidivism is the rate at which offenders who are released reoffend, and in many cases it is a measure of success regarding the measures that are implemented. In addition, lengthier sentences actually increase the likelihood of reoffending. The evidence shows that recidivism actually goes up the longer people stay in prison. There are many reasons for that. There is more institutionalization, offenders are subject to greater stigmatization when released and they have a harder time finding work and reconciling with family members.

I will end with a story. I worked with federal offenders to help reintegrate them into society. I did this for about seven years with St. Leonard's Place Peel. These offenders were out on statutory release under conditions, and many of them, with the right reintegration supports and programming in the community, were not reoffending. We had about a 92% to 96% effectiveness rate. We can see that in essence, the whole tough-on-crime agenda and approach seems to be an ideological narrative that is not based in facts and reality.

I hope that all members of the House will support Bill C-5.

[Warren Steinley, Conservative, Regina—Lewvan, SK]

Madam Speaker, I would like to talk about getting back to reality for a second for the member opposite.

In 2015, 25% of the prison population was indigenous. Now it is 30%. Why has the Liberal government failed in reducing the percentage of indigenous inmates across Canadian penitentiaries?

[Ryan Turnbull, Liberal, Whitby, ON]

Madam Speaker, the overrepresentation of indigenous people in our prison system is a direct result of having mandatory minimum penalties entrenched in our Criminal Code. This is exactly what Bill C-5 would help to address, as it would repeal those mandatory minimum penalties. I think that there is much more we can do, but a lot of it has to do with the work our government is doing on reconciliation, with the largest amount of money in any federal budget dedicated to indigenous people.

[Mario Beaulieu, Bloc, La Pointe-de-l'Île, QC]

Madam Speaker, it has been said that this is not a good time to bring this bill forward, especially with respect to eliminating mandatory minimum sentences for firearms offences, such as discharging a firearm with intent or robbery or extortion with a firearm. What does my colleague think about that?

[Ryan Turnbull, Liberal, Whitby, ON]

Madam Speaker, in terms of the timing of this piece of legislation, there is no better time than now to deal with systemic racism within our justice system. It is long overdue. Evidence has been accumulating for decades on how ineffective mandatory minimum penalties are. In fact, they do nothing to deter gun crime. In essence, I am not really sure how to respond to the member opposite because, in my view, there is no better time than now.

[Jenny Kwan, NDP, Vancouver East, BC]

Madam Speaker, I listened to the debate, and it appeared that the Conservatives' approach to address the opioid crisis is a criminal justice approach. We in the NDP, and I hope on the government side as well, have a different perspective. If we really want to address the issue and save lives we must treat the issue as a health issue.

Will the member call on his own government to decriminalize possession of small amounts for personal use and to bring in a safe supply now? We have a crisis. People are dying and it is urgent.

[Ryan Turnbull, Liberal, Whitby, ON]

Madam Speaker, I agree with the member's general sentiments.

From my perspective, the opioid crisis and all substance use are health issues and should be treated as such. Our government is definitely looking at safe supply and harm reduction methods, and is making investments and headway in that area.

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

Madam Speaker, I would ask the member a very specific question with respect to off-ramps in the criminal justice system. I know that diversion programs are very important, as well as for judges to have discretion in sentencing.

Could the member talk about his experience with the types of supports that are available for young people who want to get out of the criminal justice system?

[Ryan Turnbull, Liberal, Whitby, ON]

Madam Speaker, that question gives me the opportunity to talk about some of those off-ramps for offenders, whether they be young offenders or federal offenders.

From my perspective, there is a robust support system in communities that can help to effectively reintegrate offenders. Certainly, there is also a lot at the front end that we can do to deter gang violence and crime, and to prevent crime from happening. Our government has placed a lot of emphasis on dealing with poverty reduction, homelessness and substance-use issues, but through a health lens and through a social justice lens.

[Arif Virani, Liberal, Parliamentary Secretary to the Minister of International Trade]

Madam Speaker, I am rising to join this important debate on Bill C-5. I am speaking today from the unceded territory of the Algonquin and Anishinabe people in Canada's House of Commons.

This bill that is being debated today, and the changes it proposes to make to the Criminal Code of Canada, are critical to addressing systemic racism and systemic discrimination in the criminal justice system. Anyone who has been listening to this morning's debate knows quite clearly at this point that we are facing a very serious issue. That issue is the overrepresentation of Black and indigenous persons in our criminal justice system, primarily Black and indigenous men.

How did we get to this situation? We have prepared legislation, tabled it in the last Parliament and retabled it in this Parliament because we have fundamentally listened to experts I had the privilege to consult with in my capacity as parliamentary secretary to the minister of justice in the last Parliament. We have also listened to Canadians, among whom are my constituents in Parkdale—High Park. We have been seized with certain issues that relate to challenges not just with individual acts of discrimination, vis-à-vis one particular person or group of people, but rather norms and rules that embody our systems and our institutions. There is no more robust place to do the hard work and the heavy lifting that goes into addressing systemic racism than the criminal justice system of Canada.

We know that Canadians in every riding in this country were seized by the videos we saw of George Floyd. Things were also occurring here in Canada with respect to indigenous populations. We could talk about the response of law enforcement to the Mi'kmaq fishers on the east coast. We could talk about RCMP officers and the overuse of violent force with Inuit individuals in Canada's far north. These images, stories and issues really captivated our nation. That is why we are here today acting and mobilizing on that sentiment. We are here to listen to those voices and act upon them.

We have also consulted the statistics, and they are startling. In 2020, despite representing 5% of the Canadian adult population, indigenous adults accounted for 30% of federally incarcerated inmates. That is a sixfold increase. That is reprehensible. I think I heard that from across the way. Although Black individuals represent 3% of the Canadian population, in 2018-19 they represented 7.2% of the federal offender population. This was more than a twofold increase.

What I have heard from my constituents in Parkdale—High Park and from people right around this country is that we need to act. That is why we are taking action now, specifically as it relates to Black and indigenous persons and other persons of colour. There is a unanimous sense I have heard that there is a need to take action.

Today, we are talking about a bill that would do so in three areas. Before I touch on those, I want to outline two broad themes that underlie the points I am making today. The first point is that we need to tackle systemic racism. The second point is that on this side of the chamber, we are a government that believes in judicial discretion. That is fundamental because it will underpin what I am going to speak about.

First, Bill C-5 would repeal mandatory minimum penalties or imprisonment for certain, but not all, offences to address the disproportionate impact on indigenous and Black offenders as well as those struggling with substance abuse and addiction, as appropriately raised by the member for Vancouver East. Second, it would allow for greater use of conditional sentence orders, or CSOs in the legal parlance, when an offender faces a term of less than two years' imprisonment and does not pose a threat to public safety. Third, it would address issues dealing with drugs, opioids and addiction in this country by requiring police and prosecutors to consider measures other than laying charges or prosecution for simple possession of drugs, such as diverting individuals to addiction treatment programs.

In terms of the first category, we heard about mandatory minimum penalties ad nauseam during this morning's debate: why they exist and whether they are useful, etc. I rest on the side of the evidence. The evidence has shown us clearly that regardless of how they are imposed, who imposed them or how long they had been in place, mandatory minimums have only served to disproportionately impact men of colour in particular, but also indigenous women, by having them be overrepresented in our criminal justice system.

These are for crimes such as simple possession of narcotics, simple possession of a firearm, or a first-time offender using a firearm. More likely than not, people of colour are entrapped in the criminal justice system based on these charges, and more likely than not, because of the mandatory minimums they face jail time.

This is problematic because it eschews judicial discretion. We heard about this from the member for Whitby. He spoke about his family's experience, including his father's, and about what we need to do to ensure people are not sent down a certain path for the rest of their lives. The way we do that is by not putting people into a revolving-door situation of incarceration after incarceration where people are habituated to a life of criminality behind bars.

The way we do that is by ensuring there are other options available. One of those options is to give judges the tools they need to craft sentences that are appropriate for particular individuals. As a minor digression, that is what informs our motivation behind the impact of race and culture assessments, which we are also funding. We want to be able to look hard at accused individuals and understand their life circumstances, what got them to this place and how we can ensure they do not reappear in front of a court six months or six years from now on a repeat offence.

We want to get them out of a cycle of potential criminality and toward a cycle of productive life, contributing to our communities. By binding the hands of judges, we have seen exactly the opposite. The exact law and order methodology that is professed by members of the official opposition is turned on its head by this kind of blanket prohibition. All it does is produce more criminality, not less. That is why we are standing up against it.

Secondly, judges have spoken out against these types of penalties. Decision after decision rendered by courts as high as the Supreme Court of Canada has found these types of penalties unconstitutional. They violate the Charter of Rights and Freedoms. That is why we are taking action: We believe in the Charter of Rights and Freedoms, and adhering to it particularly when guided by the judiciary.

The impacts of these penalties have been legion. In terms of worsening over time, we know that in 1999 indigenous peoples represented approximately 2% of the adult population, but accounted for 17% of admissions to federal penitentiaries. By 2020, after a series of mandatory minimums were added to the Criminal Code by the previous Conservative government, 30% of the federal inmate population was indigenous. That is a trend in the wrong direction, and it is a trend we need to correct.

I do not want this bill to be mis-characterized. Canadians are watching, and I know it is not just our mothers and fathers who watch in the middle of the day. Other people watch the House of Commons in the middle of the day. They need to know that we are not purporting to get rid of mandatory minimum penalties for serious offenders. Mandatory minimums involving cases of firearms, and those who traffic, smuggle, commit repeated violent assault or murder using firearms, are not being targeted. We are targeting single, first-time offenders in low-level offences. That is who we do not want destined for lives of criminality.

The other serious issue that needs to be addressed concerns conditional sentencing orders. I want to emphasize that this is the old-fashioned notion of house arrest. It goes back to the point I made at the outset of my remarks today. If we want to ensure that individuals are not subjected or destined to lives of criminality, or lives interacting with the criminal justice system, one good way to ensure that is to ensure that they do not spend time behind bars for their first offence.

Instead, when they are not a significant threat to public safety and when they are not likely to reoffend, at that point in time we would subject them to a conditional sentence order. This would allow them to serve their sentence outside of incarceration, subject to certain restrictions. This is critical, because we need to ensure there is a penalty applied. However, by not having them placed behind bars, we do not subject people to lives of criminality.

We have seen that conditional sentence orders entrenched by Allan Rock, who was the Minister of Justice 26 years ago, were eroded over time by the previous Conservative government. We are trying to return to the status quo.

My last point is on drug diversion. This is critical. The reason we are doing this is simple: We are listening to the evidence in the city of Toronto and the city of Vancouver. We are listening to the Canadian chiefs of police who have advocated for this type of drug diversion, and we are listening to the director of public prosecutions. They have said that not having diversion clogs our system and renders it less effective in addressing the true cause of criminal behaviour.

These are important initiatives. They are threefold within this legislation. I hope all members will stand behind this important bill.

[Luc Thériault, Bloc, Montcalm, QC]

Madam Speaker, I listened carefully to my colleague's speech, but I would like him to clarify something about maintaining mandatory minimum sentences.

Would Bill C‑5 maintain mandatory minimum mandatory sentences for firearms offences? I am thinking of firearms trafficking, firearms importation and exportation, certain restricted or prohibited uses of firearms, and use and authorization related to organized crime.

While my colleague may not be able to offer us any guarantees, would he at least be open to maintaining these sentences?

[Arif Virani, Liberal, Parkdale—High Park, ON]

Madam Speaker, I thank the member for Montcalm for his question and I congratulate him on returning to the House.

I can emphasize that this bill is for simple offences, such as an individual violating the Criminal Code for the first time and in a minor way. For the more serious offences that the member raised, such as trafficking and importation, the penalties are more severe. We will certainly take those offences seriously, with corresponding and commensurate penalties.

[Warren Steinley, Conservative, Regina—Lewvan, SK]

Madam Speaker, could the member cover how we will be able to reduce drug abuse in our country? That is something everyone has talked about in all of the speeches I have listened to this morning and this afternoon.

If this bill has fewer punishments for drug trafficking, and for those people who are putting fentanyl and opioids back on the street for people to consume, how does this bill help in the opioid crisis we are fighting today, which many members in the chamber have talked about? This bill would do nothing to aid in a solution to the crisis we are trying to limit going forward.

[Arif Virani, Liberal, Parkdale—High Park, ON]

Madam Speaker, as one point of clarification, this bill does not touch on issues such as drug trafficking. That is not a low-level drug offence. What this bill does touch on is mandatory minimums that relate to simple possession of narcotics and for people such as first-time offenders. That is point number one.

Vis-à-vis drugs and the opioid crisis, we are treating it as a health problem and not a justice problem. We have done that with our approach to safe supply. We have done that with our approach to safe injection sites. We will continue to do that as we consider requests from cities such as Vancouver and Toronto for things like the decriminalization of simple possession. This is critical in facing a battle against the opioid crisis, in which we all share responsibility.

[Heather McPherson, NDP, Edmonton Strathcona, AB]

Madam Speaker, there are things in this bill that I am very pleased to see and am very supportive of. I am wondering, though, if the member would agree that a useful next step would be to send this bill to committee, so the bill can be built up, amended and have things added to it, such as recommendations from the National Inquiry into Missing and Murdered Indigenous Women and Girls and the Truth and Reconciliation Commission. Would he consider first sending it to committee before the vote?

[Arif Virani, Liberal, Parkdale—High Park, ON]

Madam Speaker, I welcome the member for Edmonton Strathcona to the House after her re-election.

It is critical that this gets studied thoroughly at committee. That is very important. Having served on the justice committee for many years, I believe it is one of the best committees in Parliament in terms of its scrutiny of legislation that comes before it. Considering the timing of when it goes to committee, we have already commenced second reading debate, so the stage at which it would go to committee has already been addressed, and it would be following this second reading debate.

[Kody Blois, Liberal, Kings—Hants, NS]

Madam Speaker, my hon. colleague touched on judicial independence, a fundamental part of this legislation, which would tell judges and those adjudicating these cases that they are better placed to make decisions based on the nuances of the facts of each individual case. I know the member opposite has a legal background. Could he speak to how fundamentally important it is to allow judges to take this on, as opposed to parliamentarians imposing it?

[Arif Virani, Liberal, Parkdale—High Park, ON]

Madam Speaker, it is fundamental. On this side of the House is a government that believes in the quality of our judiciary, as well as its ability to analyze an individual accused before the court and consider factors of social context, including systemic racism and discrimination, something we amended in legislation on judicial training in the last Parliament. That is exactly the kind of characterization that judges need to account for in allowing them to calibrate the penalty for an individual accused, which is fundamentally to avoid recidivism.

[Glen Motz, Conservative, Medicine Hat—Cardston—Warner, AB]

Madam Speaker, before I begin today, I would like to first thank the fine people of Medicine Hat—Cardston—Warner for putting their trust in me for the third time. It is an absolute honour and privilege to serve them in this capacity.

I thank my core campaign team, including our chair, Ryan Thorburn; volunteer coordinators, office managers, get-out-to-vote leaders, full-time encouragers, and basically the real bosses of the campaign, Sharlyn Wagner and Margo Dick; our IT go-to guy, Dean Grey; my financial wizard and agent, Dave Camphor; planning and printing logistics, Tim Seitz; volunteer care and event planning, Val Seitz; and all things signs, Alex Dumanowski and Gary Proctor. I thank them all so much for their dedication and hard work. They are a testament of what can be accomplished when people get together as a team. I will always be indebted to them.

I thank the many volunteers who door knocked, put up signs, helped in the office and volunteered with scrutineering on election day. None of this is possible without them, and I thank them very much.

I will turn my attention now to Bill C-5, which is the exact same bill, ironically, that was introduced as Bill C-22 in the last Parliament before the Prime Minister called his snap vanity election.

The Liberals would want Canadians to believe that Bill C-5 is simply about reducing minimum sentencing for simple drug possession, but that is not so. Most Canadians would be alarmed to learn that the Liberal bill, Bill C-5, is aimed at eliminating mandatory prison time for criminals who prey on our communities and victimize the vulnerable.

Bill C-5 proposes to eliminate mandatory prison time not for petty crimes but for things like drug trafficking and acts of violence. It would even allow violent criminals to serve their sentences on house arrest and not in prison, putting our communities at continued risk.

Over the last six years, Liberal legislation on crime and the criminal justice system has been largely out of touch with the realities of most Canadians, especially those impacted by crime. Canada's crime stats confirm that we are seeing rising crime rates all across this country, increased gang violence and shootings, increased organized crime activities, and increased drug trafficking, drug use and drug overdoses.

Let me focus for the next few minutes on examining several of the main areas of Bill C-5, those being the elimination of mandatory prison time for firearm offences, the elimination of mandatory prison time for drug dealers, the expansion of conditional sentences and the diversion for simple drug possession.

I try to look at this legislation through the lenses of having been in law enforcement for 35 years and of being a parliamentarian representing the constituents of my riding and their voices. Let us first of all look at the elimination of mandatory prison time for firearm offences.

In contrast to the Liberal spin on their being so-called tough on gun violence, which is what they have been feeding Canadians, there is the complete hypocrisy of Bill C-5, which proposed to eliminate several mandatory minimum sentences related to gun crimes, including serious gun crimes such as robbery with a firearm, extortion with a firearms, using a firearm in the commission of an offence, discharging a firearm with intent, which is Criminal Code language for shooting at someone, illegal possession of a prohibited or restricted firearm, importing or exporting an unauthorized firearm, discharging a firearm recklessly and other firearm offences such weapons trafficking, importing or exporting knowing the firearm is unauthorized, possession of a prohibited or restricted firearm with ammunition, possession of a weapon obtained by the commission of an offence in Canada and possession for the purpose of weapons trafficking.

What does this really all amount to? Because the Liberals believe the current laws are unfair, they would be eliminating mandatory prison time for criminals who commit such crimes as robbery with a firearm, drive-by shootings and unlawful possession of firearms. It is clearer than ever that the Liberals are more interested in protecting criminals than they are protecting our communities. If we think things are bad now, just wait for this legislation to take effect, should it pass in its current form. I am afraid the worst is yet to come.

Let us look at the second area of the bill, which is the elimination of mandatory prison time for drug dealers. At a time when we are experiencing the heartbreak of addiction and overdose deaths in our country, the Liberals' solution is to eliminate mandatory prison time for several offences in the Controlled Drugs and Substances Act, which specifically targets drug dealers and offences such as trafficking, or possession for the purpose of trafficking; importing or exporting, or possession for the purpose of importing or exporting; and production of a schedule 1 or schedule 2 substance, which are drugs such as fentanyl, crystal meth, heroin, cocaine, the very drugs that are wreaking havoc on our communities. How does that even make sense?

The Liberals are trying to spin it and say that Bill C-5 will help those who struggle with addictions. Come on, Canadians are not that naive or stupid. They know the Liberals are purposely failing to point out that the mandatory minimums they are eliminating are for drug dealers who specifically prey on those with addictions. This is not the solution. It would only make the current problems a lot worse.

The next area I want to look at in Bill C-5 is the expansion of conditional sentencing. The bill allows for greater use of conditional sentencing orders, such as house arrest, for a significant number of serious offences for which the offender faces a prison term of less than two years. Those offences now include sexual assault; kidnapping; criminal harassment; human trafficking; abduction of a person under the age of 14; assault causing bodily harm or assault with a weapon; assaulting a peace officer causing bodily harm, or assaulting a peace officer with a weapon; trafficking or importing schedule 3 drugs, which are hallucinogenic like LSD and psilocybin; and many other offences, such as prison breach, motor vehicle theft, theft over $5,000, breaking and entering a place other than a dwelling house, being in a dwelling house unlawfully, arson for a fraudulent purpose, causing bodily harm and criminal negligence.

What this all means is that criminals who prey on victims in their communities can now serve their sentence at home, many times in the same neighbourhood as their victim. Again, this clearly puts communities at risk. For years now we have heard whispers that the Liberal government was trying to empty out our prisons, expedite parole and reduce sentences. It now appears that those whispers are coming true. I wonder how conditional sentences will deter criminals who prey on our communities.

I also want to touch briefly on another aspect of Bill C-5, which is the diversion measures for simple drug possession. Again, the Liberals are trying to tell us, and are asking Canadians to believe, that the diversion section in Bill C-5 all of a sudden gives police and prosecutors the ability to use their discretion when determining for simple drug possession whether to lay charges, warn, or refer to support programs. It might come as a complete surprise to the Liberals, but that has been the case all along.

Police have been doing that. For decades they have been using their discretion whether to lay charges on someone for drug possession. In fact, Canada's Public Prosecution Service has previously issued a directive to prosecutors to avoid prosecuting simple drug possession unless there are major public safety concerns. Yes, I admit, Bill C-5 now does codify this approach, but it is unlikely to have any impact because this is already the practice when dealing with simple drug possession.

This legislation is out of touch with rising crime on our streets. It is out of touch with the needs of victims and communities battling gang violence. It is out of touch with law enforcement from across the country, who continue to report rising crime, increased violent crime and more gang shootings. This legislation is out of touch with our country's opioid epidemic. Crime has been increasing every year the Liberals have been in power, reversing a two-decade trend. This is the worst government on keeping Canadians safe in the last 20 years.

According to Stats Canada, the crime severity index has risen since 2015 from a 66.9 rating to a 79.5 rating in 2019, a 25% increase in serious crime. The violent crime index has increased from 70.7 in 2014 to 89.7 in 2019, which is also a 25% increase in the last five years.

Stats Canada also reports that rural crime and the rates of rural crime are increasing 23% faster than urban crime rates.

The Toronto Police Service has some of the best publicly available stats when it comes to the realities in its community. There has been an increase in shootings, gun homicides and injuries in each year of the last six years the Liberals have been in government. In comparison, let us first look at 2014, before the Liberals formed government, as the baseline for the Toronto numbers. In 2014, there were 177 shootings in Toronto alone, which resulted in 103 people killed or injured. Those are unacceptable numbers, but pale in comparison to the years that followed. In 2016, there were 393 shootings in Toronto, with 183 people killed or injured. In 2017, there were 367 shootings, with 180 people killed or injured. In 2018, Toronto again had 393 shootings, with 208 people killed or injured. In 2019, those numbers jumped to 492 shootings, with 284 people killed or injured. In 2020, there were 462 shootings, with 217 lives lost or injured. So far, in 2021, those numbers are continuing, at similarly unacceptable rates, with over 380 shootings and 198 people killed or injured.

I am sure Canadians are wondering how this bill will reduce shootings and people dying even by just one. What will removing mandatory minimum sentences on firearms offences such as the ones I have mentioned do for our communities? Safer communities should be the focus of the current government, but sadly they are not.

Since 2016, nearly 30,000 Canadians have died from opioid-related addiction and overdose. Why is the first action of the Liberal government to reduce sentences on drug trafficking? How does this help the tens of thousands battling addictions whose habits are being fed by the very drug dealers preying on the vulnerable this bill is meant to protect? Going after these drug dealers should be the priority of this place.

Canadians do not feel safe and nothing in this bill will help them be any safer in their homes and communities. In 2020, an Angus Reid survey found that 48% of Canadians felt crime was getting worse. Canadians are rightly tired of being afraid in their own neighbourhoods and homes. The top priority of any government should be the protection of its people. This bill does nothing to address those threats against Canadians; it only protects criminals from being held responsible for their crimes.

The bill really shows how far out of step the Liberal government is with the needs and concerns of everyday Canadians. A legal scholar recently suggested that when looking at legislation we should be asking what the problems are that we are trying solve and whether the proposed legislation would solve those problems. It is the kind of question that should be asked in this place every time the Criminal Code or any similar act is used to try and solve policy problems. I can say that after reviewing Bill C-5, I would assert that the legislation may actually contribute to the problems we are facing in this country, rather than trying to solve them. It does nothing to improve public safety.

Let us be clear. The problem the government should be trying to solve is gun violence committed by criminals and gangs using illegal firearms, mostly smuggled into this country and used to kill in communities across Canada. It should be trying to solve the addiction and drug problems we have and the overdose deaths plaguing our communities across this country, not catering to those who are contributing to the epidemic. It should hold criminals responsible for their violent crimes and drug dealing and focus on rehabilitation, not a revolving door of justice. However, the Liberal solution to these problems is a lazy, misguided approach that caters to criminals, ignores victims and does not protect Canadians.