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House Hansard - 17

44th Parl. 1st Sess.
December 14, 2021 10:00AM
  • Dec/14/21 10:44:14 a.m.
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  • Re: Bill C-5 
Madam Speaker, I am doing work on human trafficking, and the parliamentary secretary mentioned the mandatory minimum and states in which it seems to be working. We had a round table in Oshawa with representatives from Texas and the FBI, and one of the things that is very concerning with these perpetrators of human trafficking is that it is modern slavery. If we do not have similar types of penalties across the border, it actually seems to be attracting more bad “business” on this side of the border. I am very concerned that these penalties are being removed and we are going to be seeing more human trafficking. If they are going to be moving forward in this direction, what will be a deterrent against these international human traffickers, the slave traders?
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  • Dec/14/21 10:45:11 a.m.
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  • Re: Bill C-5 
Madam Speaker, once again we have a suggestion that human traffickers will get off and not receive a strong penalty. It is a serious offence, and the hon. members are suggesting our judiciary is stupid in terms of not seeing a serious offence like human trafficking and not providing a penalty that will fit the crime. This is about judicial discretion. We do not appoint stupid people to the bench. They will impose a serious penalty for a serious crime.
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  • Dec/14/21 10:45:45 a.m.
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  • Re: Bill C-5 
Madam Speaker, mandatory minium penalties have clearly not proven to be effective over the years. As an ethicist, I worked with police officers and prisons. In both cases, I was able to observe two types of inmates: repeat offenders for whom not a lot can be done, and who are serving what is likely an appropriate sentence, and first-time offenders who are serving time because they made a mistake. If we vote in favour of doing away with mandatory minimum penalties, we still need to think about maintaining such penalties for firearm-related offences, including the trafficking and possession of firearms. Does the hon. member agree with me on that?
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  • Dec/14/21 10:46:31 a.m.
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  • Re: Bill C-5 
Madam Speaker, I am not going to get into specific details and I look forward to the committee's study on this, but if we keep carving out issues, we are not addressing the serious problem. I take the member at his word that he was involved in the criminal justice system. He knows that if people commit serious offences, they receive serious penalties. This legislation would not stop that. Unfortunately, the questions I have heard consistently from the Conservatives do not address that systemic racism problem we are looking to address here. I look forward to the committee's study on it and making the bill better, and I hope this bill passes very quickly.
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  • Dec/14/21 10:47:18 a.m.
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  • Re: Bill C-5 
Madam Speaker, I believe and hope all members of this House want to deal as effectively as we possibly can to save lives with regard to the opioid crisis we know is hitting very hard in Canada. While I appreciate that this bill would eliminate the mandatory minimum sentences for all drug offences, we have seen proof that we need a safe supply; we need decriminalization of possession of small amounts of drugs, and we need to expunge records to actually deal with the opioid drug crisis. Will the member speak to that and to the idea that the Liberals still have work to do to make sure we are dealing with the opioid crisis properly?
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  • Dec/14/21 10:48:07 a.m.
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  • Re: Bill C-5 
Madam Speaker, we all have work to do at all orders of government. There is no silver bullet to solving the opioid crisis. This legislation will not solve it. Safe supply is another piece of the puzzle but will not solve it. We have to talk about things like housing and poverty reduction. We have to talk about so many things, because this is a crisis that has been decades in the making. We need significant, complex, real solutions to solve it.
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  • Dec/14/21 10:48:42 a.m.
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  • Re: Bill C-5 
Madam Speaker, it is with pleasure that I speak to Bill C-5, an act to amend the Criminal Code and the Controlled Drugs and Substances Act. The bill proposes sentencing and other amendments that would provide greater flexibility to the criminal justice system and support appropriate and proportionate responses to crime. In doing so, the proposed changes would help to reduce the overrepresentation of indigenous people, Black Canadians and members of marginalized communities in the criminal justice system, including by repealing sentencing laws that have been shown to disproportionately impact these groups. I applaud the government for showing leadership on important issues like this. Recent events remind us that systemic racism and discrimination are real problems in the criminal justice system, and the consequences of leaving these problems unaddressed are significant. We know that many systemic factors contribute to the seriousness of this problem. These systemic factors can be addressed only through deliberate and sustained action by all those responsible for aspects of the justice system and other social systems that interact with it. That said, our criminal laws and the responses they dictate significantly impact what can and cannot be done by those in the criminal justice system. These laws affect those who engage with the criminal justice system as accused, as offenders, as witnesses or as victims. Conservatives' sentencing reforms have resulted in the increased use of mandatory minimum penalties of imprisonment, or MMPs, and additional restrictions on the availability of conditional sentence orders, or CSOs. These changes have limited judges' ability to impose proportionate sentences. They also affect judges' ability to meaningfully consider the background or systemic factors that impact indigenous people, Black Canadians and marginalized people, and they play a part in bringing them into contact with the criminal justice system. Unsurprisingly, we have seen significant increases in incarceration rates for members of these communities in the last two decades. For example, in 1999, indigenous people represented about 2% of the Canadian adult population but accounted for about 17% of admissions to provincial, territorial and federal custody. As of 2020, indigenous adults accounted for 5% of the Canadian adult population but represented 30% of federally incarcerated individuals, with indigenous women accounting for 42% of all federally incarcerated women. Similarly, in 2018, Black individuals represented 7.2% of the federally incarcerated population but only 3% of the Canadian population. We know that Black people are also more likely to be admitted to federal custody for an offence punishable by an MMP than are other Canadians. Data from the Correctional Service of Canada from 2007-17 reveal that 39% of Black people and 20% of indigenous people who were federally incarcerated between those years were there for offences carrying an MMP. That is why repealing those MMPs is expected to reduce the overall rates of incarceration of indigenous people and Black Canadians. Bill C-5's proposed reforms are informed by extensive consultations with a broad range of justice system and other partners across Canada, including Crown prosecutors, defence lawyers, indigenous leaders and communities, academics, victim advocates, restorative justice proponents, representatives of frontline community support systems, and representatives from such areas as health and mental health, housing and other support programs in the social system. The bill also responds to calls for reform from various commissions of inquiry, such as the Truth and Reconciliation Commission, the National Inquiry into Missing and Murdered Indigenous Women and Girls, and the Commission on Systemic Racism in the Ontario criminal justice system. Parliamentarians have also noted the detrimental effects of MMPs. For instance, the August 2016 interim report of the Standing Senate Committee on Legal and Constitutional Affairs, entitled “Delaying Justice is Denying Justice”, found that MMPs have negatively impacted indigenous persons and members of marginalized communities, including those with mental health challenges. Similarly, the Parliamentary Black Caucus in its June 2020 statement called for the review and repeal of MMPs and the removal of limitations on CSOs. The common theme in all of these calls for reform is the recognition that the broad and indiscriminate use of MMPs and the Criminal Code's current restrictions on the use of CSOs have had numerous negative impacts, and that those impacts have been disproportionately felt by indigenous people, Black Canadians and members of marginalized communities. They have also made our criminal justice system less effective and less efficient. I believe this bill would help to restore the public's confidence in the criminal justice system by providing much-needed discretion to sentencing judges, who are aware of all the facts of a case. It would allow them to impose sentences that respond to the particular circumstances of the offence and of the individual before the court. The bill would achieve this important goal by repealing 20 MMPs, including MMPs for all drug-related offences and for some, not all, firearm-related offences. The bill would also lift many of the restrictions on the availability of CSOs in cases where offenders do not pose a risk to public safety, allowing them to serve their sentences in the community under strict conditions, such as house arrest or curfew, while still being able to benefit from employment, educational opportunities, family, community and health-related support systems. Most Canadians would agree that conditional sentences are an appropriate sentencing tool and should be available for judges for appropriate cases. I would expect that they would be used in less serious cases, and I am confident that judges could make the appropriate assessments as to their use. Lastly, this bill would require police and prosecutors to consider alternatives to criminal charges for the simple possession of drugs, such as issuing a warning or diversion to addiction treatment programs. These measures are consistent with the government's approach to treating substance use and the opioid epidemic in Canada as a health issue rather than a criminal justice one. I would like to conclude by noting that I am aware that Bill C-5 has already been met with widespread support by communities and those responsible for the justice system in Canada. Some have gone so far as noting that it is among the most progressive criminal law reform bills introduced in many years. Like many others, I believe the government is on the right track with this bill, and I urge Parliament to support its swift passage. I look forward to hearing the views of other members.
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  • Dec/14/21 10:56:03 a.m.
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  • Re: Bill C-5 
Madam Speaker, doing away with mandatory minimum penalties is a good first step, particularly when it comes to the possession of drugs. As to firearms, we still need to discuss what should be done. It is a good first step, but it is not enough, because it will not fully put an end to the overrepresentation of first nations and Black people in prisons. Once again, we need to be proactive. Providing judges and police officers with training to prevent racial prejudice is important. We also need to invest in social and support structures for these people. What does my colleague think about that?
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  • Dec/14/21 10:56:51 a.m.
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  • Re: Bill C-5 
Madam Speaker, I must say that I agree with the hon. member in her assessment of the situation. It was not long ago that we were debating the notion of additional training for judges to deal with gender issues that might come up. Again, that was so the judgments were appropriate not only to the criminal justice system, but also for the unique circumstances that the individual before the court is presenting.
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  • Dec/14/21 10:57:18 a.m.
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  • Re: Bill C-5 
Madam Speaker, one of the frustrations I hear from people in my riding, especially firearms owners in my riding, is that the government always seems to be making more hoops to jump through for law-abiding Canadians. It seems to be making things more difficult for hunters and sport shooters, but when it comes to fighting criminals and standing up against organized crime specifically, the government is looking at reducing mandatory minimums and making things easier for criminals. It is difficult for us on this side of the House to understand that approach. I am wondering if the member opposite could explain further how he feels that reducing minimum sentences would do anything to help stop organized crime.
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  • Dec/14/21 10:58:07 a.m.
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  • Re: Bill C-5 
Madam Speaker, as the parliamentary secretary noted, minimum mandatory provisions somehow seemed to have become the ceiling rather than the bottom of the spectrum. Any suggestion that Bill C-5 would remove sentencing or make serious crimes less punishable is simply wrong. What it really does is to allow judges to exercise what their name implies. They judge things. They have the discretion to apply justice appropriately to the specific situation. In a serious situation such as the one the member was alluding to, I have no doubt they will do their job effectively.
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  • Dec/14/21 10:58:56 a.m.
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  • Re: Bill C-5 
Madam Speaker, my colleague said this bill treats using substances for personal use as a health issue, but it actually does not do that, far from it. It is not even a half measure. We have heard from police chiefs and we have heard from medical health professionals. Our own shared province of British Columbia has been calling for decriminalization and safe supply as first steps to address the opioid crisis. This bill still criminalizes people. It may leave it in the hands of judges and police officers to decide whether they are going to move forward with charges, but it is not even close to what the Health Canada expert panel on substance use recommends, which is full decriminalization and expungement of all records. Do my colleague and his party support decriminalization? When will they honour the request from British Columbia for an exemption under the Controlled Drugs and Substances Act for simple possession and allow decriminalization?
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  • Dec/14/21 11:00:04 a.m.
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  • Re: Bill C-5 
Madam Speaker, in practical terms, the police are not arresting people for simple possession. Certainly, in British Columbia, where Crown counsel has to approve all charges, they are not approving charges. For all practical purposes, that is not happening. Decriminalization, in my personal view, does not go far enough. We need to ensure there is a safe supply. We cannot leave the provision of dangerous drugs, the profits and the production in the hands of criminals. I would be prepared to work with my hon. colleague to see that come about.
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Madam Speaker, it brings me no great joy to rise in the House today to speak to Bill C‑5. The first thing I want to point out is that this bill is an exact copy of Bill C‑22, which was introduced and debated in the previous Parliament. Then there was an election, so now we have to start over. On second thought, maybe starting over is not such a bad thing, because if Bill C‑22 had been adopted in its entirety a few months ago, the mandatory minimum sentences for a number of important offences would have been reduced. At least now we have a chance to change things. The main reasons that led me to become a Conservative MP have to do with public order, national defence, public safety and sound economic management. More than anything else, it was the Conservative approach to public order that really prompted me to become a Conservative MP. I was elected for the first time in 2015, but, unfortunately for my party, the Liberals won that time around and have been in power ever since. Since 2015, we have witnessed drastic and tragic changes to how public safety issues are addressed. Victim protection has changed, and criminals have been given more rights. That really worries me. Personally, I blame the Liberals, of course, but also the New Democrats, who, unfortunately, systematically support the Liberal approach. The Bloc Québécois tends to do that as well. As a Quebecker, I often have a hard time understanding how my Bloc colleagues can be so far to the left on these issues, but that is another debate. As I see it, the approach in Bill C‑5 is totally ideological and utterly incomprehensible. Here are some examples of crimes for which Bill C-5 will reduce minimum sentences: robbery with a firearm; extortion with a firearm; weapons trafficking; importing or exporting an unauthorized firearm; discharging a firearm with intent; using a firearm in the commission of an offence; possession of a prohibited firearm; possession of a prohibited or restricted firearm with ammunition; possession of a weapon obtained by the commission of an offence; possession for the purposes of weapons trafficking; and discharging a firearm. If Canadians and Quebeckers were listening carefully to that list of the various crimes involving firearms, most people would say that that does not make sense and that reducing the penalties for such offences is out of the question. If people had a clear understanding of what is being debated today, if people were polled, the vast majority would say that this makes no sense and that there is no reason to reduce the sentences of criminals who commit these kinds of offences. That is what the average person on the street would say. Of course, each member has a duty to represent their constituents, about 100,000 people on average. The Liberals are going to say that this is what people want, and the NDP will support them. Unfortunately, we Conservatives are in a minority. However, I can guarantee that if we asked Canadians about this, the majority, over 50% of them, would surely say they are against this type of measure. We also must remember that the Liberals have had a change of heart. The offences I just listed were included in the Criminal Code in 1976 under the Liberal government at the time, which was led by Prime Minister Pierre Elliott Trudeau, the current Prime Minister's father. Back then, the left and right saw crime very differently, and we can all agree that these were important measures that did the trick. Today, over 40 years later, we are trying to understand why Pierre Elliott Trudeau's son has a totally different perspective on this issue and is taking his government in a direction that puts public safety in jeopardy. What is more, Bill C‑5 deals on one hand with firearms and on the other hand with drugs. Let us be clear: We are talking about sentences for traffickers, not addicts or drug users. This is not at all about managing people who use drugs for various reasons and all the risks that entails. This is truly about traffickers, those who sell, produce and traffic in drugs such as heroin, cocaine, fentanyl and crystal meth. On that, I would like to read what my colleague from St. Albert—Edmonton said in the House yesterday. I find it very relevant when we are talking about fentanyl. He said the following: We have an opioid crisis in Canada today. Every day, approximately 20 Canadians lose their lives to an opioid overdose. It has increased by 88% since the onset of COVID, 7,000 Canadians a year. The Liberal government's solution is to roll back mandatory sentencing for the very people who are putting this poison on our streets, endangering lives and killing 20 Canadians a day. That is the main issue, that ideological and philosophical approach to criminals. As my colleague from St. Albert—Edmonton so wisely pointed out yesterday, how are Canadians supposed to agree with eliminating harsh sentences for drug traffickers, the people who are responsible for the fentanyl that kills 20 Canadians a day? Where is the logic there? I cannot wrap my head around it, and neither can most of my colleagues. I would like to hear my colleagues from other parties, like the Bloc Québécois members and even some from the Liberal Party, acknowledge that the Conservatives are right and that the government is going too far with Bill C‑5. This is not the right way to tackle the problem. As I was saying, this has nothing to do with addicts. When speaking about people who use for various reasons, a Bloc member said earlier that we should be proactive in tackling this problem. To be proactive, to help drug users, we would have to go after the traffickers who get those drugs onto the streets and whose actions lead to the death of 20 Canadians every day. What is worse, the Prime Minister appears to think all of this is okay. He does not seem to grasp the problem, and the government does not seem to be able to find the right approach. If this were based on facts or on some logic that people could get on board with, it would be fine, but no, the government seems to think its ideology is perfect. This is unacceptable. I remind members that Bill C‑5 would reduce minimum penalties for crimes that involve the use of a firearm. There has been talk in Montreal about firearms and the trafficking of guns through the United States for several weeks now. People are bringing in weapons from all over the place and selling them on the black market. There are 14- 15- or 16-year-old kids using these weapons on Montreal streets. Toronto has had the same problem for many years. Quebec is now grappling with this issue, as firearms are becoming increasingly prevalent in Montreal. While police, judges and the justice system try to find a way to control this problem, here in Ottawa we are debating a bill that, ultimately, tells gun traffickers that they need not worry, and that if they are arrested, they will not be sentenced and that everything will be fine; that it is no big deal if they sell guns; and that there is nothing to worry about if they buy and use guns. Bill C‑5 sends the message that traffickers should not worry, they can do what they want, they will only get a little slap on the wrist and it will not really be that bad. The same goes for drugs. Usually, in a society where the rule of law, law and order, is important, people who are considering selling drugs should say to themselves that they will be put in jail for some time if they are caught, so they should perhaps reconsider. Instead, the government is telling them that there is no need to worry, that they can sell drugs to young people and that it is not serious if 20 people die every day. In my view, it defies logic. The bill also refers to conditional sentences and house arrest. It is as though the Liberals want to empty jails completely by sending inmates to serve their sentences at home. The bill contains a long list of crimes for which sentences will be decreased, including criminal harassment, sexual assault, abduction of a person under 14, trafficking in persons, motor vehicle theft, and breaking and entering, all of which are not minor crimes. Instead of being jailed, offenders who commit these crimes will be told to stay home and celebrate. That means a person who has committed a sexual assault could be under house arrest in a neighbourhood close to the victim. That is just ridiculous. Let us get back to firearms. Last month, the media reported that the integrated RCMP Cornwall border integrity team had commenced a firearms smuggling investigation after a boat crossed the St. Lawrence River and made landfall near Cornwall, Ontario. The criminals unloaded three large bags from the boat into a vehicle and departed the area. The RCMP conducted a roadside stop of the vehicle and seized a large number of firearms, including prohibited and restricted weapons and high-capacity magazines. Inti Falero-Delgado, a 25-year-old man from Laval, Quebec, and Vladimir Souffrant, a 49-year-old Montrealer, were placed under arrest. Under Bill C‑5, the two individuals involved in this arms trafficking and smuggling incident would not receive minimum sentences. It is unlikely either of them would go to prison. They would probably get a conditional sentence or, at worst, serve their sentence at home. That is how it works in real life because, in real life, criminals always think about the possible consequences of their crimes. Criminals are aware that the government keeps reducing the penalties. That is why there has been a 20% increase in violent crime in Canada since the change of government in 2015. Criminals who want to commit a crime or live a life of crime will benefit from the measures the government is proposing. The hardened criminals will influence the younger ones and tell them not to worry because the Prime Minister's government made sure that things would not be so bad for them. The other point I would like to raise has to do with systemic racism, which the government claims this bill will help to combat. It is not relevant to say that this will have an impact on Black and indigenous communities and other racialized groups. These groups may be proportionally overrepresented in prisons, but the notion of crime should not be related to race because that does not change anything. A crime is a crime, regardless of the skin colour of the person committing it, whether they are Caucasian, Black or indigenous. As soon as a crime is committed with a weapon, then race should no longer be a factor. The government is pulling the wool over people's eyes by saying that this bill will combat systemic racism. It is a false debate. There is no connection there. We need to consider other solutions when it comes to incarceration and overrepresentation. Reducing sentences will not solve this problem. On the contrary, it will give just about any group more leeway to commit crimes, since they will be less concerned about the fear of incarceration. I have a very concrete example of this. Three or four years ago, Bill C-71 was introduced to enhance gun controls. I was a member of the Standing Committee on Public Safety and National Security at the time, and I was the one who asked representatives from indigenous groups to come and share their thoughts on the bill. I would remind the House that it is because of Bill C‑71 that gun owners are now required to apply for a number from Ottawa to sell a gun or transfer it to someone else. That approach to public safety is debatable, but that is what we have, so that is fine. I asked indigenous people to appear before the committee to tell us what they thought. They were very clear that they felt it was irrelevant. The indigenous representative from Saskatchewan made it clear that there was no way a father wanting to follow tradition and pass his gun on to his son would contact Ottawa and ask for an authorization number. No one would do that. My first reaction was this: Any time someone has two hands and picks up a gun, it is a public safety issue, regardless of whether the person is indigenous, White or Black. In my view, race has nothing to do with public safety. The fact remains that, until we hear otherwise, Bill C-71 does not apply to indigenous people. I had asked the former minister of public safety, but he did not have an answer. They want to play with these ideas to get a message of openness across in the media. However, when I am talking about public safety, I prefer to have the facts: When someone picks up a gun and shoots, race becomes irrelevant. These are very sensitive issues, and I hate when the Liberals use them to try to score political points and make themselves out to be the best and most open of the parties. In reality, that is just not true. I will finish by saying that Bill C‑5 is a bad bill because it is trying to pull the wool over Canadians' eyes and make them believe that it will solve systemic racism. In fact, all it will do is help criminals commit more crimes, and it will do nothing to help Canadians.
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  • Dec/14/21 11:17:51 a.m.
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  • Re: Bill C-5 
Madam Speaker, I really enjoyed the member opposite's speech. In my riding, many people are suffering due to the opioid crisis, and a lot of people are working hard to help these victims from a health perspective. Given a situation like the opioid crisis, would my colleague agree that we need to approach a crisis like this from a health perspective, not a Criminal Code perspective? Should we not try to find more solutions from that angle?
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  • Dec/14/21 11:18:35 a.m.
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  • Re: Bill C-5 
Madam Speaker, that is precisely what I was saying at the beginning of my speech when I quoted my colleague from St. Albert—Edmonton. When we talk about opioids, we are talking about fentanyl. Let us not forget that there are criminal networks of dealers importing and selling these substances. Traffickers mix opioids, cocaine and other drugs, and the concentration becomes too high, which is why every day, 20 Canadians die from an opioid overdose. It is a major problem. In our view, in my view, we are not going to solve this problem by rolling back sentencing for drug traffickers. On the contrary, we have to deal with trafficking at the source and ensure that no opioids are sold to Canadians on the street.
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  • Dec/14/21 11:19:31 a.m.
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  • Re: Bill C-5 
Madam Speaker, I will focus on some of the myths that my colleague stated as facts. The member for Charlesbourg—Haute‑Saint‑Charles may not identify with some of the positions taken by the Bloc Québécois, but I can assure the House that as Quebeckers, we do not identify whatsoever with the positions taken by the member for Charlesbourg—Haute‑Saint‑Charles. He claims in no uncertain terms that Bill C‑5 gives more rights to criminals. Firstly, I would like to know his definition of criminal. Does he make a distinction between a career criminal and an occasional criminal? Does he believe that occasional criminals can be rehabilitated?
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  • Dec/14/21 11:20:13 a.m.
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  • Re: Bill C-5 
Madam Speaker, I thank my colleague and I congratulate him on his election. We did not win his riding. I do believe in the concept of occasional criminals and career criminals. There is nothing to be done for some criminals, while others simply have bad luck. However, lighter sentences will work in favour of new criminals, youth, who will say to themselves that if they commit an offence, they will get off easier because the good old Liberal government reduced these sentences. This will spread the notion that crime can pay, and that is something we must not do.
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  • Dec/14/21 11:21:06 a.m.
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  • Re: Bill C-5 
Madam Speaker, I listened with interest to the speech of my colleague from Charlesbourg. He talked a bit about how indigenous people did not see this as a solution. However, we know that the Truth and Reconciliation Commission's call to action 32 recommends that minimum mandatory sentences be stopped. Therefore, I would like him to comment on the fact that the TRC has called for this. How can he stand in this place and say that is not accurate?
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  • Dec/14/21 11:21:44 a.m.
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  • Re: Bill C-5 
Madam Speaker, I thank my colleague for her question. That is part of the ideological debate, the position we should take on matters of public safety. As I mentioned, being indigenous, Black, white or other is irrelevant. We are all human beings with two hands. When we decide to commit a crime with a gun, for example, we have to pay the price. I know that the notion of indigenous group or race was mentioned in the report. However, I believe that we must look at what has led to the problem and find solutions to help indigenous people not commit crimes. The notion of public safety must be the same for all human beings, no matter their race.
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