44th Parl. 1st Sess.
June 14, 2022 10:00AM
- Jun/14/22 1:22:36 p.m.
- Watch
- Re: Bill C-5
Madam Speaker, I will be sharing my time with my colleague from Oakville North—Burlington.
I am grateful for this opportunity to speak about our Bill C-5 and, especially, about the need to reform our justice system so that we can learn from the mistakes of the past and put an end to misguided policies, such as mandatory minimums.
Mandatory minimums do not help make our communities safer and have disproportionate and prejudicial consequences on racialized and marginalized communities. With Bill C‑5, our government is taking a new approach that turns the page on Harper-era policies.
I am pleased today to rise to discuss Bill C-5 and particularly why it is important, in my view, that we respond as a government to the many ways in which mandatory minimum sentencing in Canada has hindered rather than supported the administration of justice in Canada, and why it is so critical now, in light of the data, to do away with the policies introduced by the Harper government to expand mandatory minimums. Instead, let us allow our judicial system to do its job and allow our judges to assess the facts before them so they can apply the appropriate sentences in the circumstances.
The practice of imposing mandatory minimums has clearly resulted in the over-incarceration of marginalized and racialized Canadians. To give members just one example, indigenous women represent over half of the female prison population in federal prisons. That is absolutely egregious. The legislation would help reduce the overrepresentation of Black people, members of marginalized communities and indigenous people in our justice system and would afford more opportunities for rehabilitation, which is very much needed in our fight against the opioid crisis.
I would also like to discuss important amendments that were made to this bill at the justice committee. I think it is very relevant to note that in the spirit of collaboration, our government accepted amendments from all parties. Four amendments have been made to enhance the underlying objectives of this bill.
The first amendment would 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.
The amendment responds to concerns expressed by many of the witnesses who testified before the justice committee. They were worried that records of previous warnings or referrals would somehow negatively impact persons who came into contact with the Canadian judicial system after they had been diverted in the past.
The proposed amendment is based on the existing alternative measures regime set out in section 717(4) of the Criminal Code. It sets out the circumstances under which police records or warnings and referrals can be disclosed in order to limit the negative impact that a prior warning can have on an individual who is charged with simple drug possession.
This amendment would ensure that a record of a warning or referral could be made available to a department or agency of the Government of Canada that is engaged in the evaluation of the effectiveness of alternative measures, but would not permit the disclosure of the identity of the person. What is more, the information could be shared with a judge, a court or a peace officer for any purpose relating to the offence of simple possession or the administration of the case, but only for the offence to which the record relates.
The amendment would also limit the potential for improper use of such records, which could have lasting impacts on individuals who are trying to fight problematic substance use and may require more than one chance to achieve successful rehabilitation. Police officers have legal and ethical obligations to take notes, and this amendment would ensure that they will continue to support the operational needs of the Canadian judicial system without frustrating the objectives of the bill.
The 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.
Again, this subsequent amendment is consistent with the underlying objective of the bill to address the negative consequences associated with simple possession. The amendment acknowledges the calls from public health organizations and those who work with individuals with addictions. It helps address barriers to successful reintegration into society and also helps address a contributing cause of the ongoing opioid crisis, namely the stigmatization of people who use drugs.
As we all know, when people apply for a job or an apartment or have to have a background check done for any reason, any criminal record will surface. Criminal records have a lasting impact on the ability of rehabilitated individuals to successfully reintegrate into society after overcoming personal challenges in their lives. Treating simple possession of drugs as a health and social issue means eliminating the stigma associated with convictions for simple possession.
A third amendment in Bill C‑5 would codify the innocent possession common law defence under specific circumstances. Social workers, medical professionals and service providers would not be subject to charges if they come into possession of drugs in the course of their duties, when they have the intent to lawfully dispose of them within a reasonable period, of course.
Lastly, Bill C‑5 includes a new clause 21 requiring a comprehensive review of the act on the fourth anniversary of its coming into force.
This four-year review period is consistent with our government's evidence-based policy-making and will provide us with an opportunity to evaluate the effect of the legislation in practice on the ground.
Finally, we know that Canada, like many countries around the world, is experiencing an overdose crisis and that this problem has been exacerbated and worsened during the COVID-19 pandemic.
As Bill C‑5 recognizes, psychoactive substance use is a public health issue rooted in complex social factors. Bill C‑5 is just one part of our plan to reduce the number of drug-related deaths. Our government is also looking at every other option for preventing overdoses, improving health outcomes and saving lives.
To this end, I would like to draw everyone's attention to our government's announcement on May 31 of this year, just a few weeks ago, granting a time-limited exemption under section 56(1) of the Controlled Drugs and Substances Act so that adults 18 years of age and older will not be subject to criminal charges for personal possession in British Columbia. This exemption will take effect from 2023 to 2026. This drug decriminalization pilot project in British Columbia is absolutely a step forward in the right direction to treating addiction for what it is: a health issue. It is also another step forward in allowing us to collect data and real-time information that will allow our government to better develop policies to address the opioid pandemic.
There is much more work to do, and I look forward to one day reaching a point where a national decriminalization framework could be developed and implemented and we would have the tools to provide this health-based response to the issue of drug addiction right across our country. The legislation before us, Bill C-5, which changes our approach to sentencing, improves our judicial system, encourages rehabilitation and critically moves us forward in the fight against the overdose crisis in Canada, is of critical importance. I therefore urge all members of this House to support this important legislation, because we simply cannot wait any longer.
1284 words
All Topics
- Hear!
- Rabble!
- add
- star_border
- share
- Jun/14/22 1:32:27 p.m.
- Watch
- Re: Bill C-5
Madam Speaker, it is important to clarify that what the bill before us would actually do is allow judges to evaluate the circumstances before them. Removing mandatory minimum sentences means empowering our judges. It means that if someone poses a threat to society—for example, as the member cited, a drug trafficker—certainly a judge is capable of evaluating the person before him or her and imposing a sanction or sentence that fits the crime. Therefore, we absolutely support judges in exercising that discretion, and where they are warranted, we would insist on high sentences.
97 words
All Topics
- Hear!
- Rabble!
- add
- star_border
- share
- Jun/14/22 1:34:07 p.m.
- Watch
- Re: Bill C-5
Madam Speaker, I thank my hon. colleague from the Bloc Québécois for his question and for the Bloc's support for Bill C-5.
Obviously, we are all concerned about gun violence, which is on the rise. That is precisely why we introduced Bill C-21, which seeks to ban the sale and importation of assault-style weapons. We will also continue with our plan for a mandatory buyback of assault-style weapons. We are tackling the proliferation of weapons across the country. We hope to have the support of the Bloc Québécois for Bill C‑21 as well.
108 words
- Hear!
- Rabble!
- add
- star_border
- share
- Jun/14/22 1:35:57 p.m.
- Watch
- Re: Bill C-5
Madam Speaker, I thank the NDP member for his question. I know that many members in government have also been working on similar private members' bills.
It is important to recognize that we are debating Bill C-5, which is before us today, and I certainly hope the NDP will be supportive of it. As I mentioned, it does move the needle significantly toward ensuring that we end discriminatory practices in our judicial system.
I mentioned several statistics in my speech, and it is absolutely alarming that over half of the female prison population at the federal level is composed of indigenous women. This bill would help solve that issue in this country, and I think that is of critical importance.
121 words
- Hear!
- Rabble!
- add
- star_border
- share
- menumenu
- notificationsnotifications
- home
- mailmail
- searchsearch
