44th Parl. 1st Sess.
June 1, 2022 02:00PM
- Jun/1/22 2:28:25 p.m.
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Mr. Speaker, what our communities need is a justice system that punishes criminals. What we do not need is a system that targets racialized people because of systemic discrimination.
Our reforms turned the page on failed Conservative Party policies that contributed to the overrepresentation of Black and indigenous people in our criminal justice system. At the same time, through our new legislation, we are increasing maximum penalties from 10 to 14 years for firearms-related offences, including smuggling and trafficking. We are there to support Canadians and to keep Canadians safe.
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- Jun/1/22 2:42:21 p.m.
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Mr. Speaker, this government is unwavering in our commitment to ensuring that our criminal justice system keeps communities safe, respects victims and holds offenders to account, all while upholding charter rights. We are carefully reviewing the decision to determine its effect on victims, as well as the criminal law. We have taken action to strengthen sexual assault laws to ensure that victims are treated with the utmost respect and are protected. This is critical to fostering greater confidence of survivors of sexual assault and gender-based violence, as well as the broader Canadian public, in our justice system.
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- Jun/1/22 2:51:42 p.m.
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- Re: Bill C-5
Mr. Speaker, the legislative measures set out in Bill C-5 do nothing to stop police from charging people or prosecutors from pursuing convictions. What these measures do is ensure that criminals face serious penalties while addressing the overrepresentation of Black Canadians and indigenous peoples in the criminal justice system.
I know Anie Samson, the former mayor of my borough, very well, and I can safely say that she is also concerned about the plight of Black and indigenous youth who find themselves unfairly caught up in our criminal justice system.
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- Jun/1/22 5:33:32 p.m.
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- Re: Bill C-5
Madam Speaker, I am pleased to participate in the third reading debate of Bill C-5, an act to amend the Criminal Code and the Controlled Drugs and Substances Act. Let me begin by acknowledging that I am speaking from the traditional unceded lands of the Algonquin peoples.
At the outset, I would like to thank my colleagues at the justice committee for their diligent work in improving this bill and moving it forward and the many witnesses who came forward to speak about their lived experiences.
Bill C-5 addresses systemic racism and discrimination in the criminal justice system by promoting a fairer and more effective justice system that, among other things, would provide courts with increased judicial discretion at sentencing through the elimination of some mandatory minimum penalties of imprisonments and of restrictions on the imposition of conditional sentences of imprisonment. Further, the bill promotes alternatives to charging and prosecuting individuals in cases involving simple possession of drugs.
We see again here the opposition attempting to reinstate mandatory minimum penalties in the legislation when we have clearly seen that MMPs do not work. I am proud of the announcement our government made Monday to crack down on illegal and dangerous firearms in Canada, including raising maximum penalties for many firearm offences. Together with this bill, we would be restoring discretion to judges, ensuring that their fair sentences can be applied and that serious crimes would still receive serious sentences.
The Standing Committee on Justice and Human Rights has now concluded its study of the bill and has decided to report the bill back to the House of Commons with four amendments, which I believe strengthen the bill.
Bill C-5's amendments would provide space to treat the simple possession of drugs as a health issue rather than a criminal one, as it should be, and is consistent with the announcement made by the Minister of Mental Health and Addictions for British Columbia yesterday. The bill requires police and prosecutors to consider alternative measures, including diverting individuals to treatment programs, giving a warning or taking no further action, instead of laying charges or prosecuting individuals for simple possession of an illegal drug. Further, it would provide a declaration of principles to guide police and Crown prosecutors in the exercise of their discretion.
Among other principles, the bill would recognize that scarce judicial resources should be reserved for offences that pose a risk to public safety and that criminal sanctions imposed in respect of the possession of drugs for personal use are not consistent with established public health evidence.
The principles enacted under Bill C-5 do not condone the sale of drugs, as that may result in the death of the purchasers, including purchasers who may be youths and first-time users and who are at greater health risks from consuming highly concentrated drugs. Condoning the sale of drugs would be contrary to the government's ongoing efforts to combat the opioid crisis and deaths. Further, such an approach would also be contrary to the harm reduction and prevention pillar of the Canadian drugs and substances strategy.
Let me be clear that Bill C-5 is only one part of a larger government strategy to fight the ongoing opioid crisis. On May 31, 2022, the Minister of Mental Health and Addictions and Associate Minister of Health announced the granting of a time-limited exemption, under subsection 56(1) of the CDSA, to exempt the application of the simple possession offence to the personal possession of small amounts of controlled substances, which is commonly involved in overdose deaths by adults 18 years or older in the province of British Columbia. The exemption is part of the province's comprehensive approach to address the overdose crisis and is intended to reduce harm for people who use drugs and promote better access to life-saving health services in the territory.
Before I go into the other parts of the amendment, I do want to highlight the report by the Auditor General of Canada to Parliament from yesterday. When I speak about the need to avoid prison sentences for those who pose virtually no threat to the public, particularly from racialized communities, and indigenous and Black communities, it is because we know that systemic racism is prevalent within many parts of the criminal justice system.
The report by the Auditor General from yesterday makes it crystal clear that there is a disparity in the manner in which we treat indigenous and Black offenders. For example, and I would like to read parts of the report, it says, “Indigenous and Black offenders...faced greater barriers to a safe and gradual reintegration into society” than other incarcerated groups.
The report goes on to say, “Indigenous and Black offenders remained in custody longer and at higher levels of security before release.” Essentially, Correctional Services categorizes offenders based on low, medium and high risk, and it is clear that there is a disparity in the manner in which it classifies indigenous and Black offenders. For example, the report continues, “We found that Indigenous and Black offenders were placed at higher security levels on admission into custody at twice the average rate of other offenders.”
The report then says:
We found that, although the majority of offenders were released on parole before the end of their sentences, fewer Indigenous offenders were released when first eligible. In fact, more Indigenous offenders remained in custody until their statutory release and were released directly into the community from higher levels of security.
This means that they did not obtain the right level of support for them to go into the community and integrate. The report continues, “Indigenous offenders served longer portions of their sentences in custody than the average, placing them at a disadvantage to access early release or parole.”
I believe this report is important to the discussion today because, when we speak about ensuring that we minimize those going into the criminal justice system, we are not saying that we treat everyone the same. We are saying that, if a person poses no risk and is a low-risk offender who does not belong in jail, then they have other alternatives. As a government bill, Bill C-5 would address some of the root causes of both mandatory minimum penalties and avoiding jail sentences, which we know from the Auditor General's report does have adverse impacts on indigenous and Black Canadians, particularly indigenous women and young Black men.
I will now talk about the amendments that Bill C-5 would make.
The first amendment would be to clarify the kind of information to be kept in the police record on warnings or referrals, the use of such records and to whom they may be disclosed. For instance, once amended, any information contained in the record of warning or referral may be made available to a judge or a court for any purpose relating to offence proceedings for the preparation of a pre-sentence report but limited to circumstances to which the record relates. These changes address the concerns raised by several witnesses that records could be improperly applied, which would frustrate the objectives of the bill to promote diversion while recognizing that police officers are legally and ethically bound to keep notes to facilitate various operational requirements of the criminal justice system.
To address these concerns, a second amendment would provide a mechanism to reduce the stigma associated with convictions for simple possession of drugs by specifying that past and future convictions must be kept separate and apart from other criminal convictions after a certain period of time. These new measures would need to be implemented two years after the coming into force of the bill in the case of convictions that occurred before the bill came into force, two years after the conviction or completion of an offender's sentence, or in the case of conviction after Bill C-5 is enforced.
The third amendment would provide an express provision to clarify that no social worker, medical professional or service provider would be committing the offence of simple possession when they come into possession of a controlled substance in the course of their duties when they have the intent to, within a reasonable period, lawfully dispose of it. We believe that this particular amendment is covered in the “innocent possession” common law defence, and we were able to work with the opposition in order to strengthen the bill to have a bit more clarity, which is incorporated herein.
The last amendment from Bill C-5 would require a comprehensive review of the provisions and operations of the bill to be undertaken by the House on the fourth anniversary of the bill coming into force.
In conclusion, Bill C-5 is a very important step forward in addressing common sense criminal law reform. Mandatory minimum penalties, in many cases, have not had a positive impact on communities, particularly indigenous, Black and other racialized communities, and this bill is a very important step forward in addressing the systemic racism that we have within the criminal justice system.
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- Jun/1/22 5:44:23 p.m.
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- Re: Bill C-5
Mr. Speaker, it is clear that, when we have criminal law, it is intended to serve a particular purpose. What we are doing today is bringing forward smart criminal justice reform that is intended to address the root cause of the issue and ensure that we have enough off-ramps for people, who may have substance addiction issues, to be able to get the right treatment and the right supports to enable them to move on in society.
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- Jun/1/22 5:45:54 p.m.
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- Re: Bill C-5
Mr. Speaker, I think the question here is that, as a society, we need to ensure that there are enough off-ramps for people who somehow got into the criminal justice system to rehabilitate, be able to move on and get the right levels of support, whether it is through addiction counselling, rehab or community engagement work, or, in some cases, serving sentences.
That is really the purpose of this bill, to advance smart criminal justice policy that goes toward ensuring that our communities are safe.
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Mr. Speaker, I enjoy working with my colleague opposite, and I believe he comes from a really good space when he talks about this bill, but I want to highlight a couple of things.
First and foremost is Bill C-21. A lot of the challenges the member addressed in his speech are addressed in Bill C-21. We have heard from him about them a number of times and we have delivered. It was tabled on Monday.
The issue that I want to probe with the member is the notion of systemic racism, because it is an area where we have had some conversations and I do not believe he is quite there yet in acknowledging that systemic racism exists.
After the report from the Office of the Correctional Investigator yesterday and after the testimony of people like the president of the Canadian Association of Black Lawyers and many others, does my friend opposite acknowledge that systemic racism exists and that we need to ensure our system of justice is fair and equitable to all who are part of it?
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Mr. Speaker, I am really pleased to rise to speak on Bill C-5 today.
Sometimes the debate strays away from what is actually in the bill and goes into a lot of other things. I would just like to remind everybody what the bill is doing.
It is attempting to attack systemic racism in our criminal justice system by eliminating 20 mandatory minimum penalties, all of those in the Controlled Drugs and Substances Act and a few relating to firearms and tobacco offences. It also expands access to conditional sentences through things like house arrest and serving time on weekends, which is important in rehabilitating people who, for whatever reason, became involved with the criminal justice system. The third thing it does is provide more discretion for police to provide warnings and diversion instead of charging people, who then end up in jail. All of these three things are key steps in reducing the impact of systemic racism.
In our corrections system, nearly 35% of those who are imprisoned are indigenous, but indigenous people make up less than 5% of our population. We know that about 7.5% of those in prison are Black Canadians, but they only represent 3.5% of the population. Something is clearly going on here in a systematic manner that produces these much worse outcomes for racialized and indigenous people.
Who is in favour of this bill? This is something nobody else has really been talking about here. I know why some people do not raise this point. Most important to me is that the Canadian Association of Chiefs of Police is in favour of this legislation, because they know that mandatory minimums do nothing to make communities safer.
Two other organizations I want to mention that are very much in favour are the John Howard Society and the Elizabeth Fry Society. These are two very valuable non-profits that work with those who have served time to help re-integrate them back into the community. They gave very powerful testimony at committee about the impacts of mandatory minimums.
Who is opposed to them? The Conservatives and the Bloc are clearly opposed to this bill that would reduce mandatory minimums. They often fly off into what I would call a fantasy world, where the idea is that if we take away mandatory minimums, somehow people would not get prison sentences and somehow serious criminals would not end up in jail. That is not what would happen with mandatory minimums or their removal. Judges would still assign serious time for serious crime. That is not what we are talking about here.
The fact is that mandatory minimums—and most of those that would be removed are of less than two years—would result in people going into provincial corrections systems, which have very limited rehabilitation programs. It also means, when we take into time served for good behaviour and other facets of our criminal justice system, that people would serve only a few months. Even if there was an addiction treatment program, even if there was a skills training program, the time is too short for those to be successful.
However, the time is not too short to make sure that people lose their housing. The time is not too short to make sure that people lose their job. The time is not too short to make sure that people's families are put at risk. Often the people who go under mandatory minimums are the sole providers for their families, so their kids are at risk of apprehension while they are in prison. All of this contributes to huge social problems that are not necessary.
If we do not have a mandatory minimum, we could use conditional sentences. Someone could stay in their own home, maintain their job, serve their time on weekends, and actually become a productive member of society again, rather than having their whole life turned upside down, which would put them on a path that only leads to further addiction and further crime.
We know that is the record of mandatory minimums. The academic studies all show the same thing: Mandatory minimums, if they do anything at all, actually make recidivism worse, because people have fewer options as a result of serving those mandatory minimums. The evidence is quite clear: They do not work.
Should the government have done more? Yes; as a New Democrat, I agree it should have done more. The government should have done more earlier today when it had the chance to vote on our bill, Bill C-216, which would have decriminalized personal possession of drugs. That would have helped to address systemic racism, because we know that Black Canadians and indigenous Canadians are overcharged and charged at much higher rates for personal possession of drugs when their rates of drug use are not in fact higher. It would have helped tackle that.
I do not think it is enough to say that we are going to reduce mandatory minimums; the government should have voted for Bill C-216. We should have made better progress.
I am happy to see the government grant an exemption to British Columbia under the Controlled Drugs and Substances Act and I think it will lead to great success in tackling the opioid crisis, but I just do not understand why the government was not prepared to do that for the more than 70% of Canadians who live outside of British Columbia. I was glad to hear the Prime Minister say, in answer to a question, that the Liberals are prepared to consider other exemptions, and certainly New Democrats will be asking them to step up when that time comes.
What was in Bill C-5, as I said, was modest, and so I wish the Liberals had done more on Bill C-216, but I also wish they had done more on the bill, and that is why I proposed two amendments at committee, which I thank the government for accepting.
The first of those, to me, is the most important. It is an amendment that says not only do mandatory minimums cause problems in racial injustice, but the resulting criminal records make things much worse.
There are 250,000 Canadians who have a record for personal possession of drugs. What does this mean? It means that sometimes this record affects someone's hiring. Very often it affects their housing, whether it is social housing, which does not allow people with criminal records, or whether it is landlords who refuse to rent to them. It prevents people from getting bank loans and mortgages. It forces them into the hands of what I call loan sharks, otherwise called payday lenders. It prevents people from travelling.
However, the one I have heard the most in my community is that a criminal record prevents someone from volunteering with kids or seniors, even though it may have been a personal possession charge from 20 years ago and has nothing to do with the way the person has turned their life around. In fact, some of those people might be the perfect people to volunteer with youth and show them a positive way forward.
I thank the government for agreeing. What we agreed on is what it calls a sequestration of records, meaning they will be held separate and apart and will not show up in criminal records. Within two years, we will be wiping out the records of 250,000 people, and I think that is enormously important for rehabilitation and building safer communities.
The second amendment I moved had to do with the expanded discretion for police. Here, New Democrats had a worry that was shared by many in the community, because discretion by the police is often subject to that very same systemic racism. The bill originally did not require record-keeping at all for the use of discretion; my amendment suggests that the police have to keep records on who they grant diversion to and who they warn. Then we will be able to see if this discretion happens just to privileged white folks or is being used fairly among all Canadians.
The second part of that amendment says we will keep records, but those records cannot be used in future proceedings against individuals. Why say that? It may seem counterintuitive. If it is really a warning, then it is a warning, not a conviction, and so it should not be used in future criminal processes. It will make warnings much more powerful for people who get them and diversions much more powerful for people who get them.
If someone successfully stays out of trouble with a warning or they successfully complete drug and alcohol counselling as part of their diversion, then this will never come back to haunt them again. It will encourage success in those programs. I thank the government for supporting those two measures. I fail to understand why the Conservatives and Bloc oppose those two amendments, but I also fail to understand why they are opposing this bill altogether.
I know time is running short, but I want to go back to what I think is most important here.
I have to say that I know people like to put forward their records as prosecutors and as police when they are talking about these things. I taught criminal justice for 20 years and I worked very closely with the John Howard Society and the Elizabeth Fry Society on the question of rehabilitation of people, and we know what works.
We know that when people can stay with their family and when people can have a job and maintain their employment, all of those things push them out of the criminal lifestyle and into the community. This is an important initiative in making all communities safer.
Despite people saying that the bill removes mandatory minimums on serious crimes, I say no, the judges will still give out serious time for serious crime. What it does is take away the injustice of those mandatory minimums falling most heavily on indigenous people and racialized Canadians.
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- Jun/1/22 6:14:36 p.m.
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- Re: Bill C-5
Mr. Speaker, the parliamentary secretary and I worked very co-operatively during the hearings on this bill to try to find some serious improvements, and the government has certainly stepped forward to accept them.
I am going to use an example that is maybe a little counterintuitive to show why I think this is so important. The government has an existing program to expunge criminal records. In two years, of those 250,000 records, the government's program expunged 484 records. That is why I was insisting that this process has to be automatic, with no application and no fee. These records simply disappear. Both the Minister of Justice and the Minister of Public Safety met with me personally to discuss this, and I thank them for their support.
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- Jun/1/22 6:29:15 p.m.
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- Re: Bill C-5
Mr. Speaker, I have no doubt that racism exists in our systems, and in our justice system. It is indeed a serious problem, but I will also point out that the victims of many of the crimes for which this bill reduces floor sentences are often the same Canadians, and members of the same communities, who face racism. I do not see that repealing these sentences will adequately address the issue of racism, and it certainly will not help the victims of these serious crimes, who are often among the most vulnerable populations in Canada.
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- Jun/1/22 6:30:50 p.m.
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- Re: Bill C-5
Mr. Speaker, indeed, one can acknowledge the vast issues that contribute to offences and acknowledge that there are different ways to deal with the problems of crime and criminal justice without the prison system. The prison system is certainly the last resort in these matters. I do not really have time to get too far beyond the bill itself, which is where we are dealing with a repeal of floor sentences for grievous offences. I do not think that the Canadian public is served by that.
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