Debates of June 9th, 2022

Report Stage

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

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

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

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

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

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

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

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

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

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

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

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

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

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

I will remind the hon. member that I have no intention of committing such crimes.

Questions and comments, the hon. member for Brantford—Brant

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

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

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

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

To the hon. member, this is just a reminder that I do not have feelings in this debate.

The hon. member for Miramichi—Grand Lake.

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

Madam Speaker, that is really the crux of it.

The people who make this poison are not always the ones who go out and distribute it. If we are letting the people who make it sit at home on house arrest, we can guess what they are going to do. They are going to continue making it. Then they are going to continue finding new people to sell it. Then more and more Canadians are going to become addicted to things like fentanyl and crystal meth.

I think there is an ideological difference in what our sides of the floor are saying, but I ask why, in this country, we would be protecting criminals and the production of things like crystal meth. We have to put them in jail. that is where they belong.

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

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

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

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

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

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

Madam Speaker, here is a scenario. If a criminal who has committed a robbery with a firearm is put on house arrest, he could sneak out the window, take out his gun again and rob again. Why would we do that? If we put him in jail, he would not have access to his gun and he would not be able to get outside and rob another person.

What we are saying here is very simple. We cannot have these types of criminals out there, giving them options and new opportunities to commit the same crimes that they continue to commit. Basically, the government is looking past the victims, because it is the victims who will pay the price.

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

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

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

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

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

Madam Speaker, I agree with my colleague on one point: education is key. It is key in our school systems. It is key from the parents on down. It is going to be a key part of anybody's life. However, we are not just talking about young offenders here. We are talking about offenders in general.

We have to make sure that people know there is a price to pay if they are going to take their gun out and rob somebody or make crystal meth in our society. We have to have very strict punishments for these offences.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

I have to interrupt the hon. member. The time is up.

Questions and comments, the hon. parliamentary secretary to the Minister of Justice.

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

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

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

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

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

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

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

[Luc Thériault, Bloc, Montcalm, QC]

Madam Speaker, it certainly was not the idea of the century for the government to introduce within Bill C‑5 two completely different problems, but my colleague did not say much about the issue of diversion measures for addiction. I want to know what he thinks about the fact that we are criminalizing people with addictions. Does he really think that this is the answer to ending the opioid crisis, for example, when this same approach has been used for about 50 years?

I would like his thoughts on that.

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

Madam Speaker, in response to some questions from my previous colleague and from our side of the House, I am very much in favour of using education as a better opportunity to be able to educate persons today in regard to the use of drugs.

However, when we go ahead and license fentanyl at the levels that they are talking about today, at 2.5 grams, we know that many people can be killed by that amount of fentanyl. It is not the same as 2.5 grams of many of the other drugs that are out there today.

I think education is a great opportunity to be able to do that, but in the meantime, people who are trafficking and selling these drugs illegally, which is what is happening, or making them available to our youth on the streets should be penalized.

[Matthew Green, NDP, Hamilton Centre, ON]

Madam Speaker, I believe I heard the hon. member suggest that this was targeting the wrong demographic. I will set that aside for a moment and ask the hon. member if he would least concede that the tough-on-crime war against drugs has been an absolute and abject failure and that this bill at least provides some relief through expungement so that people who are caught with simple possession do not have to spend the entirety of their lives with the stigma of having a record.

Would he at least not concede that expunging non-violent simple possession charges is the right, appropriate and just thing to do?

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

Madam Speaker, a mandatory minimum does not mean life in prison. I want to make that very clear to my colleague who was just indicating that, which perhaps would mislead people into thinking that this is what this bill is all about. I will just leave it at that as well.

I am talking about those who are trafficking in these drugs, and drugs are only a part of this. We know that there is smuggling of drugs just as there is smuggling of firearms, and this bill does nothing to stop either one of them.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[Ken Hardie, Liberal, Fleetwood—Port Kells, BC]

Madam Speaker, I appreciate my colleague's background and the points he is making in his speech, but I have a couple of quick points.

First, currently the minimum mandatory sentence for the repeated smuggling of tobacco is four years, yet for most of the firearms offences is one year, so there is an imbalance there in the system. Second, we have seen many times in British Columbia Crown counsel refusing to approve charges simply because the courts are too full and people have walked. Third, if I were the Minister of Justice, I would make dealing fentanyl the crime of attempted murder.

That said, I would ask the hon. member whether or not he trusts the judgment of judges to hand down appropriate sentences in the serious situations he mentions.

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

Madam Speaker, I reflect on this often, and I often hear from government members, NDP members and Green members that we Conservative members can all calm down because the bill would keep communities safe. They say we can trust our judges to always do the right thing. However, judges come from various backgrounds, which is why we have a myriad of different judgements from across this country, from coast to coast to coast. There is no consistency in sentencing.

In answer to the question, as a former prosecutor over the last two decades and previous to that as a defence counsel, I have repeatedly seen abuses by defence counsel who were properly retained with illegal funds from trafficking, etc., who shop for a judge, as there are judges who are more lenient than others. Bill C-5—

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

We will continue with questions and comments. The hon. member for Montcalm.

[Luc Thériault, Bloc, Montcalm, QC]

Madam Speaker, I will try to remain calm. I am not sure I properly understood the intervention of my colleague, who cynically described people with addictions as criminals who deserve mercy from the government.

Is the Conservative member aware of what is happening around the world in the fight against addiction? Does he know how many heroin addicts there were in Portugal before diversion programs and decriminalization were brought in? There were 100,000. Today, there are only 15,000.

I would like the member to clarify what he meant and drop the cynicism toward people addicted to heroin or other substances.

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

Madam Speaker, perhaps it was lost in translation, but that particular statement in my speech was a rhetorical question put to the government because that is the type of language the government is using.

The focus of my speech was not on those who are struggling with drug addiction. Our entire focus as a Conservative caucus, even in our platform in the last election, is all about taking steps to address rehabilitation. The focus of my speech and the focus of our opposition is on traffickers who are encouraging these individuals to continue their addictions, and that is where our focus ought to be.

[Heather McPherson, NDP, Edmonton Strathcona, AB]

Madam Speaker, I thank my colleague for his intervention, but there is one thing I will flag for him. I found it very interesting that he chose to use a quotation from the past justice minister of Alberta Kaycee Madu, considering that Mr. Madu lost his position as the justice minister because he phoned the police chief after getting a ticket he did not like. He seems like an interesting person to refer to when we talk about justice.

However, more importantly, would representatives from the Conservative Party be prepared to support the calls from other leaders, mayors, health experts, health care providers, frontline care providers and police in Alberta to support the decriminalization of small amounts of narcotics? Would that be something the member would be supportive of?