44th Parl. 1st Sess.
December 14, 2021 10:00AM
- Dec/14/21 11:27:55 a.m.
- Watch
- Re: Bill C-5
Madam Speaker, I will be sharing my time with the member for Kings—Hants.
I would like to thank the Chair for giving me time to talk about Bill C-5, an act to amend the Criminal Code and the Controlled Drugs and Substances Act.
Canadians want a criminal justice system that makes them safer and reacts quickly and effectively to crime. They expect the criminal justice system to produce equitable outcomes for all.
Unfortunately, we know this is not the case for all Canadians. There are many reasons for this, including the way our criminal laws are drafted and how they are applied.
I am very proud to be part of a government that has demonstrated the courage to acknowledge that our criminal justice system and our laws do not always produce the most appropriate outcomes for everyone, and that has taken decisive action to correct this. In so doing, we are providing our courts and decision-makers within the criminal justice system with the flexibility they need to make better decisions for everyone.
Bill C-5 proposes needed law reform in three areas. First, it would give sentencing courts greater discretion to impose fit sentences by repealing mandatory minimum penalties of imprisonment for some offences in the Criminal Code and all offences in the Controlled Drugs and Substances Act. Second, it would provide sentencing courts with greater discretion to impose fit sentences by repealing unnecessary restrictions on the granting of conditional sentences of imprisonment. Third, it would require police and prosecutors to consider diverting simple possession cases away from the criminal justice system and to a health treatment program.
Traditional criminal justice system approaches to offences in simple drug possession cases are not working. This new approach would produce better outcomes for the accused and for society more generally.
At the heart of this bill is a recognition that those responsible for administering our criminal justice system need to have discretion in responding to crime. This is completely appropriate because the ability of our criminal justice system to produce appropriate outcomes is based on the proper exercise of discretion.
The Supreme Court of Canada has said on many occasions that the proper exercise of discretion is essential to the effective operation of our criminal justice system. I am in perfect agreement.
Bill C-5 would repeal all mandatory minimum penalties for six offences in the Controlled Drugs and Substances Act and for 14 offences in the Criminal Code. In so doing, it would restore judicial discretion to sentencing courts.
Some people may say that this means that the sentences for these offences will now be shorter and that, by doing away with these rigid sentencing rules, we are sending the message that these offences are not serious.
I would respond by saying that judges would impose appropriate penalties based on facts before them. A fit sentence is just that: one that is appropriate in all circumstances. If a particular trial judge's decision is inappropriate, our system enables this to be corrected through an appeal.
I also have complete confidence that the courts will continue to view these offences with the seriousness that is warranted. Repealing MMPs for certain offences involving firearms does not mean these offences are not serious or that courts will not recognize their level of severity. On the contrary, courts across Canada consistently comment on the fact that firearms-related crimes are particularly serious and should be addressed in correspondingly serious ways. That will not cease to be the case because of this bill, and offenders who deserve to go to jail will still go to jail.
What will be different, however, is the following. There would be fewer charter challenges, prosecutions would be faster and sentencing decisions would be better tailored to the circumstances of individual offenders. When courts are sentencing indigenous people, Black Canadians and members of marginalized communities, they will have the ability to meaningfully consider the circumstances of the offender before them to make a sentencing decision that properly takes circumstances into account. I urge all members to support these changes.
In our platform, our government committed to continuing to combat gender-based violence and fight gun smuggling with measures that we have previously introduced, such as lifetime background checks to prevent those with a history of abuse against their spouses or partners from obtaining firearms licences; red-flag laws that would allow immediate removal of firearms if people are threats to themselves or others, particularly to their spouses or partners; increased maximum penalties for firearms trafficking and smuggling from 10 to 14 years of imprisonment; and enhancing the capacity of the RCMP and the Canada Border Services Agency to combat the illegal importation of firearms.
Bill C-5 also proposes to restore judicial discretion for sentencing courts through amendments to the conditional sentence regime. Conditional sentences were created in 1996 to provide an innovative way for courts to sentence offenders by allowing them to serve their sentences in the community under strict punitive conditions, but also rehabilitative ones. These changes recognized that imprisonment at correctional facilities is not always necessary. These changes also responded to the fact that indigenous people were disproportionately being sent to prison and that this had to change.
The conditional sentencing regime has always disallowed the use of conditions sentences for offences punishable by a mandatory minimum penalty. Sentencing courts also have always had to be satisfied that serving a sentence in the community would not pose a public safety risk, and a sentence had to be less than two years. However, over time, additional restrictions placed on this tool have diminished its effectiveness and made it unavailable in a wider range of cases. This has taken away judicial discretion by removing an important tool for addressing over-incarceration.
With the changes proposed by Bill C-5, the government is correcting course from the previous Conservative government's limiting of CSOs so that courts can better respond to the specific facts before them. They will still only be available in cases where public safety would not be impacted. These are welcomed evidence-based changes that are broadly supported and that will make an important difference in our criminal justice system.
Lastly, I would like to briefly address the changes relating to simple drug possession.
The opioid crisis affecting many Canadian communities has focused the spotlight on the harms of drug addiction. It has forced communities to find innovative solutions, but it has also helped demonstrate that a response to addiction based on health measures and social action is far more effective than other means, namely criminal justice measures that stigmatize users and create barriers to their rehabilitation.
The government has long recognized the importance of making greater linkages between the justice system and other social systems, including health care. The proposed measures in this bill would do just that. This bill would encourage police and prosecutors to move away from charging and prosecuting for simple drug possession in appropriate cases and, instead, direct people into other appropriate systems that are better able to respond to the root causes that contribute to their interaction with the justice system in the first place.
If we think about it, instead of being charged and prosecuted, which can result in job loss, separation from family and community and increase the possibility of reoffending, the system would facilitate the supports needed, keep the offenders working and keep them in their communities. This is smart criminal justice policy that has been proven to work, and I strongly support these changes.
The reforms contained in the bill are long overdue and have garnered wide support. I know that many people would have preferred that the bill go even further, but I also know that the Minister of Justice said that this is only one major step in a broader effort to make our criminal justice system more equitable for all. It is essential that we take this step now.
I am asking all members to support this important legislative measure.
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- Dec/14/21 11:37:46 a.m.
- Watch
- Re: Bill C-5
Madam Speaker, obviously this bill will be worked on at committee in order to really look at all the different ways it will have impacts on society. Currently, our justice system does not necessarily work. There is an overrepresentation of certain communities, and that is because judges do not necessarily have the discretion they should have. As I mentioned in my speech, people can still go through an appeal process if ever the judge's decision is deemed not to be the right one.
We do have faith in our judges, so we believe that this bill would only help improve the situation. Of course, when it comes to simple drug possession, nobody is really worse off except the person who has committed the crime, so a rehabilitation program is obviously a much better solution.
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- Dec/14/21 11:39:17 a.m.
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- Re: Bill C-5
Madam Speaker, I totally agree with the hon. member. I am a teacher, so I am well acquainted with the importance of prevention. I know how impressionable young people are and how important it is that they make the right choices.
I think this bill is taking us in the right direction by eliminating the minimum two-year sentence. That could help us get young people on the right track and send them to rehab instead of prison.
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- Dec/14/21 11:40:48 a.m.
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- Re: Bill C-5
Madam Speaker, absolutely a lot more work needs to be done, and this is only a mall step in the right direction. It is, however, an important step in this direction. We want to make sure that we take all of the right steps without moving too quickly and endangering Canadians. For sure, there is a problem of overrepresentation of indigenous and racialized communities, and this is one of the reasons the bill is being presented.
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- Dec/14/21 2:59:59 p.m.
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Mr. Speaker, our government announced the first-ever women entrepreneurship strategy, or WES, a $6‑billion program to advance women's economic empowerment.
These investments are important social and economic measures that will be critical to building back better and promoting an inclusive economic recovery.
Can the Minister of International Trade, Export Promotion, Small Business and Economic Development update us on the WES and how this program contributes to the success of women entrepreneurs?
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