44th Parl. 1st Sess.
June 9, 2022 10:00AM
- Jun/9/22 1:02:59 p.m.
- Watch
- Re: Bill C-5
Madam Speaker, today we are discussing Bill C-5, an act to amend the Criminal Code and the Controlled Drug and Substances Act, at report stage. It is sponsored by the hon. member for LaSalle—Émard—Verdun, the current Minister of Justice.
Bill C-5 acts simultaneously on two complementary fronts: It repeals mandatory minimum penalties, or MMPs, for certain offences in the Criminal Code and establishes diversion measures for simple drug possession offences. Indirectly, Bill C-5 also seeks to counter systemic racism by addressing the overrepresentation of Black and indigenous people in the prison system.
My colleagues may know from my background that I was a criminologist. Far from me to claim I am an expert in the matter, but I can say that establishing diversion measures for these offences and repealing mandatory minimum penalties is fully consistent with many of my views and opinions.
Before I get into the substance of my remarks, let us define the important terms we are using today. Too many people, including most of us, confuse decriminalization, legalization and diversion. First, mandatory minimum penalties are legislated sentencing floors where the minimum punishment is predetermined by law. I am reiterating this because I believe that there is some confusion in our colleagues’ remarks. Second, decriminalization is the act of removing from the Criminal Code an action or omission that was considered a criminal offence, or the act of reducing the seriousness of an offence or removing from it any of its so-called criminal or penal nature. Diversion means the suspension, in the normal course of events, of criminal justice mechanisms at every step of the decision-making process. These can include incidents settled within the community, cases not referred to the justice system by the police, conciliation before reaching trial, and so on.
Overall, the Bloc Québécois supports the provisions proposed in Bill C-5. However, there are a few points about which we have serious reservations, but I will get to that later.
First, with respect to mandatory minimum penalties, the Bloc Québécois advocates an approach that involves rehabilitating offenders, a term our Conservative colleagues do not appear to be familiar with, reducing crime and easing the burden on our penal and justice systems.
MMPs, which became harsher under the Harper Conservative government, are totally useless. No empirical study has ever shown that these penalties reduce crime. First, they increase the burden on the criminal justice and correctional systems. Second, they cost taxpayers a fortune. Third, they undermine any chances of reintegration for many minor offenders after their first offence for a minor crime, such as simple drug possession.
Although we agree with the principle, we must point out this is not the right time to eliminate MMPs for firearms offences. As I stand here addressing the House, a number of cities in Canada and Quebec are experiencing a veritable epidemic of firearms, mainly because of the government’s inaction when it comes to border control. Without the firm and concerted action of the federal government to stem the illegal importation of firearms across the border, repealing MMPs for firearms offences is sending the wrong message.
With respect to diversion, obviously the Bloc Québécois supports it, and I am personally very eager to see it happen, because I firmly believe in the concept of rehabilitation. Diversion considers drug problems to be mental health and public health issues. That is important. Diversion measures are intended for persons with addictions, those who would normally be prosecuted for simple drug possession under Canada's Criminal Code.
The aim of diversion is to remove individuals struggling with problematic substance use, and who do not pose a risk to society, from the justice system.
It is important to understand that diversion is not inconsistent with criminal prosecution. Diversion simply offers offenders the choice of a different path, an alternative to prison. Options for diversion include treatment information sessions, fines, community service and many more. Diversion is therefore not a solution to the criminality associated with the sale of illicit drugs; it is a solution to social and public health problems.
Earlier, my colleague referred to Portugal, which gives us one of the best examples of the benefits of diversion. Faced with a serious drug problem in 2001, that is the path Portugal opted for.
Diversion led to a decline in drug use. Incarceration rates for drug-related offences decreased as well, and the number of fatal overdoses like those we are seeing in British Columbia, for example, fell sharply. Another benefit was that the incidence of HIV-AIDS among drug users also plummeted.
I think it is crucial to point out this achievement, which is attributable to a combination of diversion measures and Portugal’s massive investment in health care. The current bill does not contain anything about this second component, namely investment in health care.
I would like to remind members that every Canadian province, including Quebec, is asking the federal level to cover 35% of their health spending so that they can support their health care systems, which are in dire need of funding. Another good reason to increase health transfers, as Quebec wants and is calling for, is to again move towards adopting an approach that would closely follow Portugal’s.
In short, the Bloc Québécois supports Bill C-5. We support the introduction of the principle of diversion for simple drug possession offences. We also support the repeal of some mandatory minimum penalties. I say “some” mandatory minimum penalties to avoid falling into demagoguery.
However, I will reiterate that the government is making a mistake when it proposes to repeal mandatory minimum penalties for firearms offences without doing anything about the source of the problem, namely the free movement of thousands of illegal firearms across our porous border with the United States.
I will therefore vote for Bill C-5, but if the government really wants to make a difference, if it wants to ensure that repealing mandatory minimum penalties and establishing diversion measures will yield all the benefits we can expect, it must do two things. First, it must immediately implement all of the measures proposed by my colleague from Avignon—La Mitis—Matane—Matapédia to reduce firearms violence. Then, it must immediately increase health transfers to the provinces to cover at least 35% of their spending.
If it does that, I can guarantee the Liberal Party that Bill C-5 will have an extremely positive impact. If it continues to turn a deaf ear to the Bloc Québécois’s proposals, it will once again have missed a great opportunity.
1134 words
All Topics
- Hear!
- Rabble!
- add
- star_border
- share
- Jun/9/22 1:13:36 p.m.
- Watch
- Re: Bill C-5
Madam Speaker, unfortunately, I do not get the feeling that this government is willing to do that.
We often say that the government prefers to react rather than act. That is often the case. The government does not walk the talk. The community organizations and semi-governmental agencies that could and should be taking over for the prison system when it comes to minimum penalties need money to do their work.
71 words
- Hear!
- Rabble!
- add
- star_border
- share
- Jun/9/22 1:15:21 p.m.
- Watch
- Re: Bill C-5
Madam Speaker, I completely agree with my colleague. There is an obvious link between mental health and serious substance abuse problems. Unfortunately, the prison system is grappling with a large population with mental health issues because far too many people are being incarcerated for minor offences.
Minor sentences do not solve anything. They are a waste of time for everyone, including the people directly affected by these problems. These minor offences could be dealt with by means other than prison sentences. They could be dealt with by society, with a view to rehabilitation, as I said before.
To pick up on my colleague's idea, I also find it unfortunate that the Liberal government often talks about scientific studies and sound evidence, when all of that points to what is being done in Portugal. We need to start reading the scientific literature and listening to scientists. We need to follow their advice. I spoke about the Liberal government, but the Conservative government is even worse in that regard.
168 words
All Topics
- Hear!
- Rabble!
- add
- star_border
- share
- Jun/9/22 1:17:00 p.m.
- Watch
- Re: Bill C-5
Madam Speaker, I had some trouble understanding the question. I apologize for that, but I think it is wonderful that my colleague is making an effort to speak in French, and I commend him.
34 words
- Hear!
- Rabble!
- add
- star_border
- share
- Jun/9/22 4:18:19 p.m.
- Watch
- Re: Bill C-5
Madam Speaker, with all due respect to my colleague, I should mention that he is speaking too quickly for the interpreters to keep up with him. They tell us that it is very difficult.
He is hyperactive like me. Out of respect for the interpreters, I would ask him to slow down if possible.
54 words
All Topics
- Hear!
- Rabble!
- add
- star_border
- share
- Jun/9/22 4:30:03 p.m.
- Watch
- Re: Bill C-5
Madam Speaker, I have a question for my colleague.
Is he aware that incarceration is completely ineffective in the case of minor sentences and especially sentences given to offenders with respect to drugs and drug use?
There are no empirical studies that show that these prison sentences are effective.
Is he aware of that and does he agree?
58 words
All Topics
- Hear!
- Rabble!
- add
- star_border
- share
- Jun/9/22 5:27:45 p.m.
- Watch
- Re: Bill C-5
Madam Speaker, I thank our colleague for his speech. He made a lot of references to safety. I do not think anyone in the House doubts the importance of safety. Montreal is going through some tough times these days.
Does my colleague really believe that a person with mental health issues or a substance abuse problem is a safety threat?
61 words
All Topics
- Hear!
- Rabble!
- add
- star_border
- share
- menumenu
- notificationsnotifications
- home
- mailmail
- searchsearch
