House of Commons Hansard #85 of the 44th Parliament, 1st Session. (The original version is on Parliament's site.) The word of the day was firearms.

Topics

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7:40 p.m.

Green

Mike Morrice Green Kitchener Centre, ON

Madam Speaker, my understanding of the member for Renfrew—Nipissing—Pembroke, from hearing her speeches in this place before, is that she generally seems to prefer less government interference. Removing mandatory minimum penalties gives more judicial discretion to remove government interference from the sentencing, so I wonder if the member could help me understand this disconnect in this particular speech she just gave.

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7:40 p.m.

Conservative

Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON

Madam Speaker, the mandatory minimum sentences are guidance. They are to prevent repeat offences from happening and to keep people in prison to protect victims and future victims. Mandatory minimums do not take a right away from any judge; they provide guidance, and the judges are supposed to listen to what Parliament decides—not change what the will of the people is, as expressed through through their representation, but interpret what it is we give them and provide for the safety of future victims.

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7:40 p.m.

Bloc

Andréanne Larouche Bloc Shefford, QC

Madam Speaker, my colleague's speech really resonated with me, particularly because she spoke at length about femicide and crimes related to domestic violence, an issue that is currently being studied by the Standing Committee on the Status of Women.

Generally speaking, the Bloc Québécois has expressed some reservations and concerns about abolishing certain mandatory minimum sentences, particularly those related to firearms. We agree that perhaps we should continue to work together on this bill to improve it, particularly in that regard, in order to prevent certain crimes. Could my colleague comment on that?

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7:40 p.m.

Conservative

Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON

Madam Speaker, that was the peculiar thing about Bill C-5. The government says it is very concerned about crimes involving firearms. What it would do is take away the requirement for people who commit crimes using a firearm to go into jail. Instead, they would be let out to commit the same crimes again and hurt more people.

Criminal CodeGovernment Orders

June 9th, 2022 / 7:40 p.m.

Conservative

James Bezan Conservative Selkirk—Interlake—Eastman, MB

Madam Speaker, my friend from Renfrew—Nipissing—Pembroke clearly outlined that what we have here is lazy Liberal legislation that again revictimizes people who have had to deal with criminal activity. It would allow more criminals to get out on the street more quickly. It would penalize legal firearms owners while giving illegal gun smugglers and people who use guns in illegal ways a “get out of jail free” card.

I want to compliment the member on her great work and ask her why the Liberals are actually reducing and removing mandatory minimum sentences that were brought in by the former prime minister, Pierre Elliott Trudeau.

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7:45 p.m.

Conservative

Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON

Madam Speaker, quite apart from the history, with respect to the mandatory minimum sentences, the individual about whom I spoke, who killed the three women whom we are reliving the grief with right now through the community, had there been the mandatory minimum sentences in place, would have been kept in place because of his assaults and other choking crimes against these women. Instead, he was allowed to go free—

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7:45 p.m.

Liberal

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Liberal Alexandra Mendes

Resuming debate.

The hon. member for Langley—Aldergrove.

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7:45 p.m.

Conservative

Tako Van Popta Conservative Langley—Aldergrove, BC

Madam Speaker, I am pleased to rise today in the House of Commons to join the debate on Bill C-5, which is a seriously flawed bill, in my opinion.

It presents itself as wanting to keep Canadians safe against gun crime and illicit drugs, but if the bill is passed by Parliament, it will eliminate mandatory minimum penalties for many of the serious crimes listed under the Controlled Drugs and Substances Act and many of the serious firearms-related crimes listed under the Criminal Code as well.

This hits very close to home, as it does, I am sure, for many Canadians. Last year we witnessed a series of gangland-style murders in Metro Vancouver, including two in my home riding of Langley—Aldergrove. It was shocking to see familiar places in Langley on the news and in the newspaper. One of the murders happened in front of the sportsplex where I drop my grandsons off to play hockey, right in broad daylight. There was another one in the parking lot of the Willowbrook mall in downtown Langley, and there were a series of other gangland-style murders throughout the Lower Mainland, including at the Vancouver International Airport, do none of this is theoretical; it hits all of us, and it is a real problem that real Canadians across this country feel personally. We want to feel safe when we are out and about in town, on our streets, in shopping malls and schools and hockey rinks, but, sadly, that is not always the case.

It is our job as parliamentarians to do whatever we can to develop laws, regulations and policies that are designed to be and will be effective in keeping Canadians safe. However, the soft-on-crime bill before us that would eliminate mandatory minimum penalties for many of these serious crimes does not do that. I believe that the Liberals are introducing the bill in the faint hope that our prisons might become fairer and safer for criminals, and I believe it fails there as well.

The public safety committee, on which I sit, recently completed a study on gun control, illicit arms trafficking and the increasing numbers of gun crimes committed by members of street gangs. It is a very important study, and we learned that there is a very close tie between the drug trade and gun violence. In that study, we were seeking to find and introduce tools and policies to give guidance to Parliament to combat both of them, but again Bill C-5 misses the mark.

We heard from experts, and in the process we learned that guns and drug trafficking are inherently related to each other. This is what Mitch Bourbonniere, an outreach worker active in the city of Winnipeg, had to say about the tie-in between gang violence, guns and drug trafficking: “Anyone in Winnipeg can purchase a firearm illegally, much the same way as you would be purchasing illegal drugs. My understanding is that guns are manufactured mostly in the United States and smuggled through our two provincial borders and the American border.”

Evan Bray, chief of police with the Canadian Association of Chiefs of Police, said that “we can't overstate the importance of seeing the correlation between drugs and drug-related activity and firearms. They are intertwined.”

Mike Rowe, staff sergeant at the Vancouver Police Department, said that “Yes, certainly, sir, there's a correlation there that I don't think can be disputed, especially as the manufacturing or sale of fentanyl produces an extremely lucrative drug market.”

Grand Chief Abram Benedict of the Mohawk Council of Akwesasne said that “It is no secret to anyone that our community is exploited by organized crime, but what we do know is that many individuals involved in cross-border trafficking do it because of the money.”

We discovered at the public safety committee that to tackle gun crime, we need to tackle illicit drug trafficking, as they are so closely tied together.

Another fact of life that shocks Canadians is the number of deaths from toxic drugs that are readily available on our streets.

I am going to focus on my home province of British Columbia, where last year and so far this year, five people die every day of illicit drug toxicity. This is completely unacceptable. Seventy-four per cent of these victims are age 30 to 59 and 77% are male. More than half of these deaths occurred at home when the person was alone.

I grieve for a family whose son died of an apparent overdose about a year go. He had a family. He had people who loved him. He had children who relied on him. He had a good job. He had a boss and co-workers who relied on him. One evening, at home, alone, he consumed fentanyl-laced drugs and became part of our nation's terrifying statistics. The question remains open as to how he got his hands on fentanyl-laced drugs. His family wants to know.

Today, we are talking about Bill C-5, which would eliminate mandatory minimum penalties for drug-related crimes. Canadians must be made aware that the government has also introduced, in the province of British Columbia, an agreement by which possession of small amounts of illicit drugs for personal use would be decriminalized.

The problem is twofold. First, even a small amount of fentanyl can and regularly does kill people. Second, it would be indisputable evidence before Parliament that gun trafficking and illicit drug trafficking are the opposite sides of the same coin. It should be evident even to the casual observer that easing up on penalties for drug traffickers and gun traffickers is the wrong way to go, and certainly will not make our streets any safer.

The criminal justice system talks a lot about the principles behind sentencing. The two principles are denunciation and deterrence. Society denounces certain behaviour and, of course, we want to deter future behaviour like that. Parliament, over the years, has recognized these principles and has created mandatory minimum sentences in response thereto. We want to denounce and we want society to develop safer environments for everybody.

There is a quote from an important Supreme Court of Canada decision, R. v. Proulx, from 2000, which is, “the need for denunciation or deterrence is so pressing that incarceration will be the only suitable way in which to express society's condemnation of the offender's conduct or to deter similar conduct in the future.”

This is the principle that has guided Parliament over many years to introduce mandatory minimum penalties and, as previous speakers have said, it is a mystery to us why they would now want to reduce that.

We recognize that prison is not right for all people and for all situations. The Conservatives believe that those struggling with addictions should get the help they need, treatment for their addictions rather than prison. In the 2021 federal election, Conservatives put forward in their platform a plan to create 1,000 drug treatment beds, to create 50 recovery community centres and to support local and culturally appropriate addiction treatment.

We recognize that prison is not always the best way forward. We think that people should always be given the hope of recovery, not just reduced harm, not just safe supply and not just safe injection sites, but real long-lasting solutions full of hope for a better life.

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7:55 p.m.

Liberal

Ruby Sahota Liberal Brampton North, ON

Madam Speaker, I was very interested in the member's focus on victims of drugs and those who are using drugs.

Does he not feel that being allowing these people who have addictions to come forward without fear is important in order to treat them? This legislation, as well as what is being done in B.C., I think will help lead us to that place. Even family members who see another sick family member who needs treatment at this time are too scared to come forward and to tell anybody that their family member needs help because of fear of being criminally penalized. Removing this, I think, would really help in order to get people the help that they need.

What does the member have to say?

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7:55 p.m.

Conservative

Tako Van Popta Conservative Langley—Aldergrove, BC

Madam Speaker, the member's comments are well thought out and sensitive to the needs of many people. Bill C-5 eliminates mandatory minimum penalties for very, very serious crimes. That is the objection I have to this legislation.

I believe that addiction should be, in certain circumstances, treated as a health issue, rather than a criminal issue, but that is not what we are talking about today. We are talking about drug traffickers. We are talking about people who are trafficking in guns. We are talking about people who are in gangs. We are talking about people in my home community of metro Vancouver who are using guns out on the streets, out in the public, in places where my grandchildren go. That is unacceptable.

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7:55 p.m.

Bloc

Kristina Michaud Bloc Avignon—La Mitis—Matane—Matapédia, QC

Madam Speaker, my colleague and I work together on the Standing Committee on Public Safety and National Security, notably on the gun control file.

Every time I hear my Conservative colleagues ask questions about Bill C-5 in question period, I hear the Minister of Public Safety respond with something about Bill C-21. I find that somewhat unfortunate because they are not the same thing.

Although I quite like my colleague, we both know that our opinions differ on this subject. For example, the Bloc members are big believers in rehabilitation and social reintegration. I think that Bill C-5 will help with that.

However, I think my colleague will agree with me that this is not the time to be introducing this bill, given the rise in gun crime across the country. We are trying to find ways to combat that situation.

What message does my colleague think is being sent to the public by introducing this bill at this time?

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7:55 p.m.

Conservative

Tako Van Popta Conservative Langley—Aldergrove, BC

Madam Speaker, I do enjoy working with the member at the public safety committee. We, the whole committee, have done some very good and important work together. We have put out some pretty good studies, including the one on guns and gangs. I hope that leads to further legislation and policies to be considered by this Parliament. Bill C-5 is not one of them. I do not think that Bill C-5 accomplishes what the government says is the stated purpose of reducing or responding to the overpopulation of indigenous people and people of colour in our prison system.

In one of our earlier studies, we also talked a lot about indigenous policing. That, to me, is a much better government response to the problem of overpopulation of indigenous people in our prisons.

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7:55 p.m.

Green

Mike Morrice Green Kitchener Centre, ON

Madam Speaker, one of the reasons why I believe in repealing mandatory minimum penalties is that it is one of the calls to action of the Truth and Reconciliation Commission. While there is a lot of talk of following through on these calls to action, we need more follow through. Call number 32 specifically calls upon the federal government to amend the Criminal Code to allow trial judges to depart from mandatory minimum sentences and the restriction on the use of conditional sentences as well.

I know the member for Langley—Aldergrove is mindful of hearing the priorities of indigenous peoples in this place. I would like to hear his reflections on that.

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8 p.m.

Conservative

Tako Van Popta Conservative Langley—Aldergrove, BC

Madam Speaker, I have an indigenous community in my riding and I have developed a very good relationship with them. I have been advocating for a government response to the recommendations from the Truth and Reconciliation Commission, the ones that are important to them, particularly relating to residential schools. I think that the Gladue principles are very important. Judges need to be educated on them and to apply those principles to make sure there is justice for indigenous people.

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8 p.m.

Conservative

Greg McLean Conservative Calgary Centre, AB

Madam Speaker, I rise in this House today to speak to Bill C-5, an act to amend the Criminal Code and the Controlled Drugs and Substances Act.

I have listened to voices on all sides of this House, from members whom I have known and worked with, and I hear a conflicting difference in the connection between crime and sentencing, crime and punishment as Fyodor Dostoevsky would say.

I hear from some friends and colleagues in this House that there is no connection between longer, mandated prison sentences and the rate of recidivism in society and the rate of crime increasing in Canada. I hear the other side that clearly illustrates the connection between the length of time mandated for a specific crime and the reduction in criminal offences of that nature.

Further, I have listened to the government speakers on the legislation and I hear a familiar refrain from those on the government bench, as in all things, that this bill will let society have its cake and eat it too at the same time, as in there are no real choices to make here. But there are real choices.

Somewhere in this sea of data and information, there is obvious narrative, all of which cannot be completely factual. That is that all these facts cannot live in the same narrative.

I will deviate a little here because I have seen this much from the Attorney General of Canada playing fast and loose with the facts and trying to make the facts fit his narrative when examination clearly shows the insincerity of his statements.

With this cacophony of facts, statements, theories and postulations, and yes, misstatements, I took the liberty of examining my own pre-established beliefs in the connection between crime and punishment.

Life is a good teacher. I remember a time in our history when society was less safe. Murders were more common. Criminal activity was growing. There were parts of our cities across North America where people ventured at their own peril.

Some brave politicians in the United States started implementing a program knows as “broken windows” at the time. In short, if we prosecute small crimes to the utmost, the perpetrators understand the consequences of crime and do not drift into more serious crimes. The effect over the years was a reduction of crime in the cities. Places became safe again. People moved back downtown in large cities. Social problems abated. People knew where they stood in the eyes of the law again.

We are far from that in our current society. In fact, we are moving quickly in the opposite direction. I walk to work and it is obvious over the past two and a half years that there is more crime on the streets of Ottawa and on the streets of Calgary.

We can go over the statistics, but at this point, they are redundant. The connection between the proliferation of severe drug abuse and street crime is clear, as is the increase in mental health problems among those at-risk people.

However, the government wants the criminals who have preyed on these poor people in our society, pushing more of them onto the street and outside of the care they require, pushing them further toward the final outcome that the proliferation of drugs, like fentanyl, lead to, which is untimely death, to receive lighter sentences.

I try and resolve these clear inconsistencies being offered by various narrative constructors on all sides. I think it is healthy to overcome what might be confirmation bias, which is something I used to deal with in my previous profession, and that is the propensity to accept data that confirms one's own preconceived opinions on any given matter.

The source of data I found to be instructive was from Public Safety Canada and the report entitled “2019 Corrections and Conditional Release Statistical Overview”. I used the government's own source to determine which information was fact, as we know it, and which is narrative fiction.

The report clearly shows that Canada's federal incarceration rate declined from 2009 to 2019 from 117 people per 100,000 Canadians in 2009, down to 107 people per 100,000 Canadians in 2019. That is a 9% reduction over a decade. There are many other touchpoints and I know that correlation and causation are not necessarily the same thing, but something clearly was going right during the period where mandatory minimums were enforced.

I like to believe I am a rational thinker and the notion of what drives people to the choice of criminal activity as a means to earn a living is, like all things, a measure of pros and cons. I will reference the common phrase of do not do the crime if one cannot do the time.

When the assessment of return, with the proliferation of a misery that is a trait of the trade in hard drugs, is greater than the assessed cost of being caught in that trade, the logical choice, outside of absolute shame, is to make that calculation. They make millions of dollars illegally and visit absolute misery upon society's most vulnerable with an assessed chance of imprisonment of, say, 20%. That is one in five perpetrators of this death and destruction will get caught and serve time for committing that crime.

That punishment had better suit that crime. The calculation of risk versus return needs to be very punitive. In contradiction to my colleagues who have spoken in favour of lowering sentences, the cost needs to include the shame of being removed from loved ones and communities. These crimes impact our society significantly. There should be no free pass for the consequences, particularly when those consequences are so unequally shared by our Canadian society. We cannot normalize crime.

What are these costs? They are addiction, rehabilitation, property crime, violent crime and death, and the dismantling of the social contract that binds us as a society to take care of each other. Removing these consequences for tearing down society will accelerate dire outcomes.

Now, let us address the inequities the government hangs its virtue hat on in every speech it gives about this bill, which is that Canadians of certain ethnicities are over-represented in our prisons. That fact is true, sadly, and it bears out in the statistics. It is not getting better. Let us revisit my previous comments on what drives rational people to attempt to profit from criminal activity, which is an assessment that the return is higher than the risk. Crime is a big business. Where do criminal organizations, those making millions moving fentanyl and other destructive drugs through our cities, get their foot soldiers?

I looked at a study, an American study, that examined factors correlating with recidivism. The clear correlation with lower recidivism was education level. This legislation will tilt the scales back towards forcing Canadians in marginalized communities to make choices early in life that would remove their future opportunities. It is doing exactly the opposite of what the government seems to pretend it is intended to do.

I also want to draw upon clear data, and that is that crime committed by Canadians in minority communities is inordinately committed against Canadians in their own communities. Sadly, crime is a local activity. Thus, the legislation reduces the legitimacy of the victims in those minority Canadian communities in the eyes of the law. If we were tilting the law to avoid incarceration from certain minorities, we are penalizing those same minority Canadians who no longer have the same legal protection as other Canadians. It is discrimination, and it will lead to more unequal outcomes in society. Surely we could do better.

Lastly, I will comment on the ability of judges to interpret what minimum sentences should be delivered. Judges are human beings who bring their own outlooks and emotions to their job. They are not perfect. They are not social workers. Having appeared in court and having heard judges at committee here in Parliament, I am certain the outcomes they decide are also imperfect. We have an imperfect judicial system, but perhaps it is less imperfect than other judicial systems. Let us not make the perfect the enemy of the good, as we say.

That being said, we need to recognize the limits of what we expect judges to do. As much as they believe they could decide all matters, it is our job as parliamentarians to clearly decide for society what are the consequences of certain crimes. We will hear examples where mandatory sentences are absurd. All rules have exceptions. There is already much leeway in sentencing for crimes before our judiciary. Let us not put them in a position where they are responsible for the societal outcomes for which we, as parliamentarians, are responsible.

This is an attempt by some of my colleagues to delegate their responsibilities to appointed judges. I would ask them why. Society, which is made up of our constituents, has elected us to decide these issues, and as the pendulum of issues swings, we will see again that Canadians will demand their cities and communities to be safe. They will demand it from their elected representatives, who are responsible. We cannot delegate this responsibility.

I know where my constituents stand on this issue. I know the clarity I have heard in meetings I have had with citizens in communities as they have seen the significant rise in crime. Mandatory minimum determination is our job. Let us not dumb down Parliament by delegating this important function to others. We are responsible.

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8:10 p.m.

Conservative

Alex Ruff Conservative Bruce—Grey—Owen Sound, ON

Madam Speaker, my hon. colleague's speech was really fascinating and it triggered a memory of mine of Michael Sheehan's book, Crush the Cell: How to Defeat Terrorism Without Terrorizing Ourselves. That book talks about an aspect of cleaning up crime in New York. When they went after the subways and cleaned up the graffiti and cleaned up those lower crimes, that lowered crime writ large.

Could the member please explain just a bit more about the broken windows theory and the idea that it is important to nip this in the bud right away and deal with criminals at that early stage before they escalate to more violent crimes?

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8:10 p.m.

Conservative

Greg McLean Conservative Calgary Centre, AB

Madam Speaker, my colleague is right. I remember, decades ago, going to New York City, the city he refers to, which is where people first implemented the broken windows theory. With the crime in the street, the city was unsafe. Walking around, I saw there was crime everywhere.

A new mayor came in and said they needed to start taking care of the broken windows, so the theory followed that he basically started enforcing against small crime, such as breaking windows, graffiti and getting involved with gangs. When people are recruited at young ages, once they get older, they continue in that realm of activity. That is what was nipped in the bud.

When they say, “Stop here”, it stops and they no longer have people progressing through criminal organizations. It worked. New York became a beautiful city to visit. It had a whole bunch of tourism opportunities, in addition to the other activities that were there. I thank the member again for that, and I hope we can talk about that further.

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8:10 p.m.

Bloc

Andréanne Larouche Bloc Shefford, QC

Madam Speaker, I thank my colleague for his speech. As my colleague already said, the issue is with when this bill was introduced. There is an increase in gun crimes. Yesterday we learned that 173 women and girls were killed in Canada in 2021 alone. That is a lot.

People are conflating Bill C‑21, which has to do with firearms, with this one. They are conflating serious gun crimes with simple drug possession. They are conflating everything and making questionable associations. There is an important distinction between these two bills and between gun crimes and the simple possession of drugs. This needs to be simplified. The timing of this bill is strange, however.

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8:10 p.m.

Conservative

Greg McLean Conservative Calgary Centre, AB

Madam Speaker, I thank my colleague for her question. My comments were about crimes related to drug use, but there are also gun crimes that are important in the bill.

The other bill she mentioned is a firearms bill. I think people with legal firearms are targeted most of the time. We will see if that is a problem. Unfortunately, gun crimes are committed against women. If those firearms are illegal, I think we need to tackle illegal arms trafficking in Canadian society.

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8:15 p.m.

Liberal

Jenica Atwin Liberal Fredericton, NB

Madam Speaker, the member brought a lot of dignity to the conversation, and I really appreciate that. I wonder if the member could comment quickly about the issue around the Court of Appeal for Ontario upholding a ruling that struck down the mandatory minimum of five years imprisonment for subsection 286.3(2) of the Criminal Code as being inconsistent with the Canadian Charter of Rights and Freedoms. I wonder if the member could comment on that specific situation.

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8:15 p.m.

Conservative

Greg McLean Conservative Calgary Centre, AB

Madam Speaker, there are a lot of courts of appeal that strike down laws in Canada, and we have to look at where the Charter of Rights and Freedoms is. Actually, the Charter of Rights and Freedoms is expressed in the Ontario Court of Appeal. I apologize to my colleague because I am not sure where this stands in the appeal process from the Ontario Court of Appeal to potentially the Supreme Court of Canada.

However, it is one of those things where different courts of appeal do have certain rights to say something is contrary to the Charter of Rights and Freedoms, and then of course it goes up to the higher court of appeal, which is the Supreme Court of Canada. I apologize that I cannot give the member more detail on it at this point, being unfamiliar with where it is in the process.

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8:15 p.m.

Conservative

Michael Barrett Conservative Leeds—Grenville—Thousand Islands and Rideau Lakes, ON

Madam Speaker, it is a pleasure to join the debate this evening, and I think I will be bringing it home before we move on to the other piece of government legislation we are going to discuss.

Bill C-5 is problematic for a number of reasons, and I am going to articulate why I will not be able to support this bill. We have heard a lot of rationales presented by members on the government benches as to why this bill is compassionate, why they believe it is important that this needs to be done and why it is urgent that it be done now.

I would note that this bill was progressing through the House in its previous form in the last Parliament, and during that Parliament the Prime Minister and members of this place undertook not to call an election during the pandemic. However, politics being politics, the Prime Minister saw that the polls seemed favourable for his party's electoral fortunes, called an election and killed the bill.

Now we are back, and I guess it is urgent once more. The Liberals believe that, but it was not in the intervening period.

Let us talk about what the bill really would do. I want to address some of the arguments made in favour of it by the bill's proponents. One of those arguments is that eliminating mandatory prison time for some of these offences would help racialized Canadians and minorities who are disproportionately affected and over-represented in the justice system, so the Liberals are going to eliminate the MMPs for those individuals.

That is what they say Bill C-5 would do. In about 12 minutes we are going to debating Bill C-21, so let us talk about what Bill C-5 would do and what Bill C-21 would do.

Bill C-5 would remove the mandatory prison time for possession of a weapon obtained by the commission of an offence, so there would be no minimum. Bill C-21 would increase the maximum. Bill C-5 would remove the minimum penalty for weapons trafficking, while Bill C-21 would increase the maximum amount of time. For possession for the purpose of weapons trafficking, Bill C-5 would eliminate the minimum penalty, and Bill C-21, as members guessed it, would increase the maximum penalty. The same is true for importing or exporting a weapon, knowing it is unauthorized. The bills would remove the MMP and increase the maximum.

If the contention by the government is that it would be removing the minimum penalty because the folks who are being convicted of these offences are racialized Canadians and they are disproportionately represented in the justice system, why is it that the government wants to increase the maximum penalty?

There seems to be a bit of mental gymnastics happening for the Liberals to put forward these two pieces of legislation, which we are going to be debating in the House literally minutes apart.

We have talked about the opioid crisis in recent days in this place, and we talked about it today. It is a scourge in our country. People are dying every day, and the perpetrators, the dealers of this poison, who are preying on people in all of our communities, should know that what they are doing will carry the harshest penalties in our justice system. They are not the victims.

Bill C-5 would eliminate mandatory prison time for trafficking or possession for the purpose of trafficking, importing and exporting or possession for the purpose of exporting, and production of a schedule 1 or 2 substance. Schedule 1 and 2 include heroin, cocaine, fentanyl and crystal meth.

I have heard conflation regarding this bill and the government's work with the Province of British Columbia to decriminalize what they call “simple possession” of those same substances. When we talk about fentanyl and carfentanil, two and a half grams is considered personal possession. That is enough to kill 1,000 people. That is 1,000 lethal doses.

Yesterday at the health committee, we heard Canada's chief public health officer say that if there is an overdose at a party or someone is carrying two and a half grams of carfentanil or fentanyl, the first step would be to administer naloxone, or Narcan. I do not know what the situation is like in British Columbia with respect to its emergency service preparedness for overdoses, but I do not know of a lot of fire or police departments or public health agencies that have 1,000 Narcan kits on hand. That is incredibly troubling.

This bill also talks about the expansion of conditional sentencing. This is where someone who is found guilty of an offence is able to serve their sentence in the community. The first thing I would draw to the attention of members in this place is bizarre, to put it gently. Someone would be eligible for conditional sentences, which means not serving their sentence in jail, if they are found guilty of prison breach. Therefore, when they break out of jail, the judge will say that it would be more appropriate for them to serve their sentence in the community. It is absurd.

To move from the absurd to the serious, I note offences such as sexual assault, kidnapping, trafficking in persons for a material benefit and abduction of a person under the age of 14. Someone found guilty of these offences would be eligible to serve their sentence in the community where they perpetrated the offence on their victims. They could be in the house right next door. That is not justice. We need to concern ourselves very much with the effects this legislation would have on the victims. This country needs to take an approach where the lens we put on everything we do has victims in mind. These perpetrators are not the victims.

Consider offences such as assaulting a peace officer causing bodily harm or with a weapon. Of course, we can go back to trafficking in or exporting and importing schedule III drugs. After putting poison in our communities, someone can serve their sentence in the community they were poisoning.

We have also heard about diversion for people who have simple possession for personal use of drugs and are struggling with addiction issues. We should have legislation in the House with a comprehension approach for treatment in every single one of the provinces. The Prime Minister, the Minister of Mental Health and Addictions, the Minister of Health, the Minister of Public Safety and the Minister of Justice should be working with the provinces every single day to come up with a framework for a national strategy on treatment. Right now, there are no Crown prosecutors bringing people before the courts for simple possession. There has already been a directive given by the prosecution service for that not to happen.

This bill is deeply flawed, and there are a number of ways we could work together in the House to make sure we are standing up for victims and make sure we are addressing those who are struggling with addiction. That is what I would like to turn my attention to and I will not be supporting this legislation.

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8:25 p.m.

Liberal

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Liberal Alexandra Mendes

It being 8:26 p.m., pursuant to order made earlier today, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the report stage of the bill now before the House.

The question is on Motion No. 2. A vote on this motion also applies to Motions Nos. 3 to 5.

If a member of a recognized party present in the House wishes to request a recorded division or that the motion be adopted on division, I would invite them to rise and indicate it to the Chair.

The hon. member for Leeds—Grenville—Thousand Islands and Rideau Lakes.

Criminal CodeGovernment Orders

8:25 p.m.

Conservative

Michael Barrett Conservative Leeds—Grenville—Thousand Islands and Rideau Lakes, ON

Madam Speaker, we request a recorded division.

Criminal CodeGovernment Orders

8:25 p.m.

Liberal

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Liberal Alexandra Mendes

Pursuant to order made on Thursday, November 25, 2021, the division stands deferred until Monday, June 13, at the expiry of the time provided for Oral Questions. The recorded division will also apply to Motions Nos. 3 to 5.