44th Parl. 1st Sess.
June 14, 2022 10:00AM
moved for leave to introduce Bill C-283, An Act to amend the Criminal Code and the Corrections and Conditional Release Act (addiction treatment in penitentiaries).
She said: Mr. Speaker, I am very excited today and pleased to rise to introduce my private member's bill, the “end the revolving door” act, to amend the Criminal Code and the Corrections and Conditional Release Act regarding addiction treatment in penitentiaries. I would like to thank the member for Kootenay—Columbia for doing a lot of the preliminary work on this legislation and for seconding my bill.
This bill proposes to amend the Criminal Code of Canada to expand the sentencing options available in our justice system and to assist those whose lives have been ravaged by addiction.
In my home province of British Columbia and my community of Kelowna—Lake Country, we are all too familiar with the revolving door of our criminal justice system, with prolific offenders and seeing addiction on our streets with increasing crime rates. High recidivism rates in Canada among those suffering from mental health issues and drug addictions are putting extreme pressure on law enforcement resources, straining our justice system, harming and costing our communities, burdening our municipalities and breaking Canadian families.
A 2015 study by the Correctional Service of Canada showed that, at admission to federal custody, 70% of men and 77% of women offenders have a substance use issue. This legislation would allow the commissioner of the Correctional Service of Canada to designate all or part of a facility as an addiction treatment facility. It would allow a court the ability to make a recommendation that people serve their sentence, or part of it, in custody in a designated facility as defined and under certain terms as laid out in the bill.
There needs to be evidence establishing a pattern of repetitive behaviour by the offender that indicates that problematic substance use has contributed to the offender's involvement in the criminal justice system. The purpose of an addiction treatment facility is to provide inmates with access to a program for a curative treatment in relation to the problematic substance use, as well as access to other related services that respond to their specific needs. In sentencing, offenders would still receive meaningful consequences, while also receiving care leading to a path of reducing the risk of reoffending.
We have a complex addictions crisis in Canada, and this would be an important tool to help communities and families, protect the public, and maintain public confidence in the judicial system. I trust that all members of this House will support my private member's bill.
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- Jun/14/22 10:44:05 a.m.
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- Re: Bill C-5
Madam Speaker, I want to be clear here. A conditional sentencing order is one tool that judges have at their discretion to ensure that public safety is protected. One of the prevailing issues is that the individual who gets a CSO does not pose a risk to society.
We could come up with the worst criminal offenders, the worst types of crimes, and we could manufacture all of these scenarios, but those offenders would not get conditional sentencing orders. Let us be clear on that.
This is about smart public policy, criminal law reform that is important that would address the issues of systemic racism.
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- Jun/14/22 10:45:48 a.m.
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- Re: Bill C-5
Madam Speaker, I have spoken extensively on systemic racism within the criminal justice system and why it is important to ensure that those who do not pose a risk do not end up in jail.
With respect to gun violence, it is a very important and real issue. My community of Scarborough—Rouge Park has dealt with this. I dealt with this when I ran a youth organization. I have buried my share of young people disproportionately in my community and it is an awfully painful process. It is one that I am still traumatized by.
What is important is that Bill C-21 addresses the issues that my friend opposite is talking about. It increases penalties for those firearm offences. It gives discretion to the judge to impose a sentence of up to 14 years, which is higher than we have right now.
What we are impressing in Bill C-5 is to make sure that those who do not pose a risk and maybe are first-time offenders are given an opportunity to get out of the criminal justice process and continue their lives.
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- Jun/14/22 11:19:14 a.m.
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- Re: Bill C-5
Madam Speaker, I just got some information today that there were 378 repeat offenders recently arrested for committing other crimes, who were also charged with 853 counts of breaching firearms prohibition orders.
Often in these communities, it is a small group of people who are consistently caught and released who are terrorizing these communities over and over again. These individuals are responsible for the deaths of people in vulnerable communities. They are responsible for firing firearms with the intent to injure individuals or robbing them at gun point, over and over again. The rap sheets of these criminals are getting longer and longer, yet they are allowed to continue walking the streets terrorizing vulnerable communities and Canadians at large.
This is deeply concerning. It needs to end, but the only way that is going to happen is if we can get the Liberal government out of power.
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- Jun/14/22 11:35:01 a.m.
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- Re: Bill C-5
Madam Speaker, if the topic were not so serious, this kind of argument would make me smirk.
For weeks, or even months, the Minister of Justice has been trying to convince us that minimum sentences have no effect on the criminals who commit these offences.
Now they want to convince us that increasing the maximum sentences will impress them. I do not think so.
I think that what offenders do not want is to get caught. They do not want to go to prison, period. If a minimum sentence for the crime they are committing does not make them think twice, I do not think that a maximum sentence of 12, 14 or 20 years is going to change anything.
That said, Bill C-21 primarily addresses the issue of legal guns by restricting certain provisions, but it does not in any way address illegal arms trafficking, which the government is being asked to contain.
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- Jun/14/22 12:22:09 p.m.
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- Re: Bill C-5
Madam Speaker, I will be sharing my time with the member for Halifax West.
I am pleased to speak to Bill C-5, an act to amend the Criminal Code and the Controlled Drugs and Substances Act. Today I would like to address necessary amendments proposed in Bill C-5.
Our criminal justice system continues to perpetuate a cycle of systemic racism, a system which is disproportionately overrepresented by indigenous peoples, Black Canadians and members of marginalized communities both as offenders and as victims. Sentencing laws within the Canadian criminal justice system have historically focused on punishment through imprisonment rather than ensuring that the responses to criminal conduct are fair, effective and prioritize public safety.
Adopting the proposed amendments to Bill C-5 are imperative to stop the cycle of systemic racism and overrepresentation in the criminal justice system, while taking steps towards addressing the disparities experienced by vulnerable groups. The proposed amendments maintain the courts’ ability to impose serious penalties in appropriate cases for firearms offences, ensuring that sentencing is proportionate to the crime.
I have the privilege of serving as the chair of the Standing Committee on Justice and Human Rights. Our committee recently completed a study on this bill. We heard from experts, law enforcement, legal representatives, and those who are marginalized and who have interacted with the criminal justice system. The testimony encompassed the diverse experiences of those who have encountered the consequences of Bill C-5 from across the country. The testimony recounted racialized and marginalized individuals’ intergenerational experiences with racism in policing and sentencing, arguing that a colonial system of incarceration is not encompassing of the needs of Canadians.
Bill C-5 would address the concerns raised by the witness testimony we heard around racism and overrepresentation in the justice system by promoting judicial discretion and prioritizing individualized sentencing. This process ensures that an individual who is found guilty is sentenced appropriately to the degree of responsibility of the offender and the seriousness of the offence. A sentencing court must look at all mitigating and aggravating factors specific to the case, including the offender’s risk to public safety, circumstances specific to the offender and instances of systemic racism experienced by the offender.
When it comes to crimes, specifically gun crimes and youth violence, I have been working hard with groups for over decades. I can tell colleagues that minimum mandatory penalties have not deterred or reduced gun crime. Prevention, intervention or tough enforcement at borders have been effective. Most of these young folks need help and jail is not the answer.
A criminal justice system which utilizes a mandatory minimum penalty as a model of reform is not reflective of Canadian values or the needs of racialized and marginalized communities within Canada. We can see from the statistics that the Canadian criminal justice system has historically been ill-equipped when considering individuals who are vulnerable, struggle with mental health and substance use, are experiencing homelessness, live in poverty or lack access to essential and social services. We must ensure that Canada does not use the criminal justice system to address social issues. Rather, we must ensure public safety, accountability and justice.
Research shows that in Canada indigenous people, Black Canadians and other racialized persons are more likely to come in contact with the criminal justice system, often due to systemic racism as well as other social and economic factors. These statistics are further exacerbated by the fact that members of these communities are overrepresented in correctional facilities.
Between 2007-08 and 2016-17, indigenous and Black offenders were more likely to be remanded to federal custody for an offence punishable by a mandatory minimum in the last 10 years. The number of indigenous adults admitted to federal custody for a firearm-related offence punishable by a mandatory minimum penalty increased by 23%.
Despite representing only 5% of the Canadian adult population in 2020, indigenous adults accounted for 30% of federally incarcerated inmates. In 2018-19, Black inmates represented 7% of the federal offender population, but only 3% of the Canadian population. If we continue to support a system which perpetuates systemic racism, the cycle of incarceration will continue to be the path for many marginalized communities.
There are 13 mandatory minimum penalties related to firearms offences that would be removed, empowering the courts’ ability to impose proportionate and individualized sentencing to offenders.
Bill C-5 would repeal the firearms-related mandatory minimum penalties for possession of a loaded firearm, prohibited or restricted firearm, possession of a weapon obtained by crime, possession of an unauthorized firearm, and importing a firearm knowing that it is not authorized.
Repealing mandatory minimums for these offences would allow for greater use of conditional sentence orders in cases where an offender faces a term of less than two years' imprisonment and does not pose a threat to public safety. It would also require police and prosecutors to consider measures aside from incarceration.
The reality is that the restricted availability of conditional sentencing has contributed to the disparities experienced by racialized and marginalized communities in Canada. Consistent with the government’s commitments, mandatory minimum penalties would remain in place for offences related to robbery, extortion, discharging a firearm with intention to cause bodily harm, firearm trafficking and importing, and making automatic weapons.
A justice system that unfairly targets indigenous peoples, Black and marginalized communities is not effective. It does not keep us safe and must be changed. For those who say that Bill C-5 is not tough enough on crime, those who commit serious offences will continue to receive serious sentences.
Our bill is about getting rid of the failed policies that filled our prisons with low-risk, first-time offenders. They do not need to be put in jail; they need support. These failed policies did not deter crime in the past. They did not keep us safe and they did not make our justice system more efficient. They target vulnerable and racialized Canadians.
Canadians see the devastating effects that come from firearms on a daily basis. I am no exception. However, I recognize that a one-size-fits-all system, where mandatory minimum penalties are considered just and fair, is not representative of those who are disproportionately impacted by the Canadian criminal justice system.
For those who are a danger to the public, or are serious or repeat offenders, a judge would be able to award stiff and harsh penalties in some cases higher than the minimum sentences. This is not a soft-on-crime approach. This is an approach that separates social issues from judicial issues, and allows the judiciary to make the appropriate sentence.
To end the cycle of overrepresentation, we require a tailored approach that encourages rehabilitation and acknowledges the historical and ongoing injustices faced by Canadians across the country. Repealing select mandatory minimum penalties does not mean that firearms offences are considered serious offences; rather, it provides the courts with the ability to impose appropriate and proportionate sentences.
The changes we make today to our criminal justice system will have an impact on current and future Canadians. It will change the way we engage with racialized and marginal communities. This includes providing meaningful support for victims, accused persons, offenders, their families and their communities.
Our government is committed to maintaining public safety, and has taken urgent and significant action to make Canada safer.
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- Jun/14/22 12:38:49 p.m.
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- Re: Bill C-5
Madam Speaker, they are failed policies that did not keep Canadians safe or make our justice system more efficient. What they did was fill our prisons with low-risk first-time offenders who needed help.
Bill C-5 removes mandatory minimum penalties that target lower-risk and first-time offenders and have been shown to increase the over-incarceration of racialized and marginalized groups. Removing these mandatory minimum penalties does nothing to prevent serious penalties from being imposed on those who commit serious crimes. We are not preventing police from charging people with gun offences or prosecutors from pursuing convictions.
We are restoring judicial discretion so that sentencing judges can impose just sentences that are proportionate to the degree of responsibility of the offender, and the seriousness of the offence, and take into account all aggravating and mitigating factors, including the risk to public safety, the individual in front of them and their experience with systemic racism.
These could include terms of imprisonment that are lower or higher than the mandatory minimum penalties, which would be repealed. Mandatory minimum penalties would continue to exist for offences including murder, high treason, sexual offences, impaired driving offences and serious firearms offences.
Second, the bill would allow for greater use of conditional sentence orders in cases where an offender faces a term of less than two years’ imprisonment and does not pose a threat to public safety. Bill C-5 would restore greater availability of conditional sentences, so that judges would have the flexibility needed to allow offenders who do not pose any risk to the public to serve their sentences in their communities with strict conditions. These conditions would include a curfew, house arrest, abstaining from the consumption of drugs and alcohol, abstaining from owning, possessing or carrying a weapon, abstaining from communicating with victims, and attending a treatment program approved by the province.
As witness Michael Spratt pointed out:
Offenders can be required to take counselling, seek employment, perform community service and make reparations to the victims of their offences.
That is because, unlike other sanctions, CSOs allow courts to focus on rehabilitation. Less serious offenders who receive CSOs would have access to treatment programs and other supportive services while keeping their families together, having the benefit of community supports, and costing the system dramatically less money. This would help to promote the rehabilitation and reintegration of those who do not pose a risk to society, and by extension would deter crime and ensure our communities are safe. We know that locking up less serious offenders is a poor tool for supporting rehabilitation. I certainly saw that during my time as Attorney General in Nova Scotia.
I would like to quote Brandon Rolle of the African Nova Scotian Justice Institute, who testified in front of us at committee. He said:
...we know that when you go to jail as a Black person, you're not going to have culturally informed programming. You're going to be deemed a troublemaker more often. You're going to be classified at a higher risk. You're not going to come out of that situation in a place to successfully reintegrate into the community.
If there is an opportunity, then, to have less serious offenders serve their sentences in the community alongside their support systems, when there is no risk to public safety it behooves us to provide that option if we are truly interested in rehabilitating those who have been convicted of a crime. The way to do that is to restore judicial discretion to allow the flexibility. I have confidence in our judges and our witnesses, including Mme. Guerin Skalusat, from the Musqueam Indian Band and Manager of Indigenous Relations with British Columbia Infrastructure Benefits, who said exactly that. She said:
I would say that, yes, I have confidence in the judges. I think the implementation of Gladue went pretty well. I think it's something that our community members and those who are facing the criminal justice system are very familiar with. We have lots of resources to support that process. Yes, with that same level of support, I think it would be good.
I want to add that Bill C-5 would not make CSOs available for the offences of advocating genocide, torture, attempted murder, terrorism, serious criminal organization offences or any offence carrying a mandatory minimum penalty.
Third, this bill would require police and prosecutors to consider other measures for simple possession of a drug, such as diversion to addiction treatment programs, rather than laying charges or prosecuting individuals for simple possession of an illegal drug. The proposed amendment reinforces our government’s commitments to address the opioid crisis and to treat problematic substance use as a health issue rather than a criminal issue. This would prioritize getting people the help they need rather than further stigmatizing and punishing them. This is the additional benefit of avoiding the costs associated with an individual’s defence. If an individual is charged, they can still be diverted by the Crown prosecutor.
We understand that police and prosecutors will need tools and guidance to make this work, and we will be there as a government to provide that. As the exemption recently granted to British Columbia clearly demonstrates, we believe the opioid crisis is a public health crisis, and diversion is the better option for those struggling with addictions rather than locking them up. That is how, ultimately, we are going to make a difference in crime reduction.
Finally, for Canadians watching and seeing that the debate here has grown more polarized, I want to say to Halifax West residents, Nova Scotians and Canadians that we worked collaboratively on this bill in committee and have adopted a number of amendments. In conclusion, I cannot stress enough the significance of Bill C-5. We have a serious over-incarceration problem in Canada.
As a final note, literally, in the middle of our committee’s study on the bill, we all read a troubling headline in the paper: “Indigenous women make up almost half the female prison population”. Indigenous women make up only 4.9% of Canada’s female population. If this does not call out for reform, I do not know what would. The trend and the trajectory cannot continue. We have to get serious about restorative justice and supporting communities impacted by poverty and intergenerational trauma. I call on all parliamentarians to join us in passing this bill and committing to work together to develop smart-on-crime policy solutions.
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- Jun/14/22 12:52:29 p.m.
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- Re: Bill C-5
Madam Speaker, I will be splitting my time today with the member for Dufferin—Caledon.
I am pleased to rise in the House today to speak to Bill C-5, an act that would amend the Criminal Code and the Controlled Drugs and Substances Act. It is a bill being spun by the NDP-Liberal government as beneficial to Canadians, but it is far from it. This bill focuses on eliminating mandatory minimum sentencing for heinous offences. Thus, in a true NDP-Liberal fashion, it is prioritizing petty politics and the interests of offenders over the safety and security of the vulnerable and innocent in our communities.
Even after repackaging what was once Bill C-22 from the last Parliament, the government claims that Bill C-5 focuses on the fair treatment of offenders and some demographics' overrepresentation in our correctional facilities.
Upon closer inspection, the bill proves not only that the government will do anything to remain in power but also that it will also completely disregard the safety and security of Canadians in the meantime. The approach proposed by Bill C-5 is critically faulty and appalling. Quite frankly, it is a slap in the face for Canadians who have placed their trust and faith in the government to do what is right and advocate for common sense solutions to protect vulnerable Canadians’ sovereignty and security.
This bill suggests some highly concerning amendments to both the Controlled Drugs and Substances Act and the Criminal Code of Canada by removing mandatory minimum sentencing not only for offences relating to the consumption and distribution of illicit drugs and substances but also for offences involving firearms.
It does not stop there. Apart from pushing to loosen gun restrictions in Canada, the government is also advocating for the availability of conditional sentences such as house arrest on heinous crimes, which would substantially put lives at risk. These crimes include but are not limited to attempted murder, torture as inflicted on another person, advocating for genocide, sexual assault, kidnapping and abduction of a person under the age of 14, human trafficking for material benefit, and firearms smuggling.
What I just listed are just some of several offences that could qualify for conditional sentencing, such as house arrest, if mandatory minimum sentencing is lifted under Bill C-5. The government seems to heavily rely on the theme of protecting the offenders and punishing Canadians, thus providing more opportunities for criminals to be emboldened to terrorize. They are now abetted by the government.
The NDP-Liberal government is turning a blind eye to illegally procured firearms by not cracking down on gang operations and activity. It is also sparing these criminals from incarceration at correctional facilities by removing mandatory minimum sentencing for serious offences, such as those involving firearms.
Furthermore, Bill C-5 would add to the Controlled Drugs and Substances Act by highlighting a series of principles peace officers and prosecutors should use when determining whether or not to lay charges for drug possession. Again, the government is failing to address its alleged aim to lessen overrepresentation of under-represented communities in our penitentiaries, because peace officers, law enforcement and prosecutors already have the authority and flexibility to decide whether or not to lay charges for simple possession of drugs or illicit substances.
A directive from the Public Prosecution Service of Canada was also previously issued to direct prosecutors to limit their involvement in the prosecution of simple drug possession unless there were proven and immediate public safety concerns. Conservatives argue that offenders involved in serious, violent crimes committed with firearms, including substantially horrific offences, deserve prison time and most definitely not to be tucked away in their individual homes with a slap on the wrist.
Furthermore, drug offenders should be presented with mandatory participation in Canadian drug treatment courts to end the cycle of crime and drugs, and to provide them with rehabilitative, therapeutic opportunities in lieu of premature reintegration into communities or being subjected to correctional facilities and the criminal justice system.
To date, this rehabilitation program is critically limited through strict eligibility criteria and non-mandatory participation. The government’s proposal to lift mandatory minimums is a performative stunt that does nothing to address the root of the drug and crime crisis in our country. I also find it questionable how the government insists on conditional sentencing for alleged low-risk offenders, as if our police officers have the time and resources to continually monitor these people serving their conditional sentences in their respective communities and ensure their compliance.
Contrary to what the NDP-Liberal government claims that this bill suggests, the elimination of offenders’ mandatory time in correctional facilities will not alleviate the overrepresentation of Black and indigenous communities in our penitentiaries, but will only offer more opportunities for criminals to infiltrate and prey on the vulnerable and innocent.
In addition, the government claims to state that it will be removing mandatory minimum penalties for simple possession, but how can the Liberals do that when mandatory minimums for simple possession do not exist? Instead of pushing Bill C-5, we Conservatives believe in establishing mandatory participation in support and rehabilitation centres for those struggling with addictions, reinforcing our borders to prevent firearms smuggling and abolishing conditional sentencing opportunities for crimes that threaten the safety and security of Canadians.
Why is the government weakening our gun laws, standing up for criminals, blatantly disregarding the grief and trauma experienced by victims and being lenient with the deterrence and punishment of offenders, instead of defending our communities? These actions only show that the NDP-Liberal government prioritizes the interests of offenders and is not serious about protecting the safety and security of Canadians.
With regard to drugs and illicit substances circulating in neighbourhoods, Conservatives believe that all mandatory minimum sentences should be sustained, not only as punitive damages for committing crimes outlined under the Criminal Code, but also to serve protection and justice for the vulnerable, the innocent and the victims of these abhorrent transgressions. How can the Liberals claim that they are doing what is best for Canadians when they are proposing to keep offenders under house arrest as opposed to having them placed in rehabilitation centres if their crimes were fuelled by substance abuse, or behind bars for serious transgressions?
The government claims that it would rescind mandatory minimum sentencing for simple possession, but it must be highlighted that our officers already have that discretion in place, offering offenders treatment programs or other support services as opposed to prison time.
Regardless, mandatory minimums for simple possession do not exist. It is simply time the government gave up the act of performative activism and actually invested in the rehabilitation of offenders and put the security of victims and the vulnerable first.
Considering the questionable tactics that the government has advocated for in the past, this is simply a missed opportunity to prove that the Liberals are here for Canadians, for survivors and the appropriate rehabilitation of offenders while protecting the security of our communities. It is time for the government to go back to the drawing board with Bill C-5 and sustain mandatory minimum penalties for the offences aforementioned and all others outlined under the bill.
In conclusion, I recommend that the government closely reconsider its advocacy for Bill C-5 and prioritize the safety and security of all Canadians through the close reconsideration of lifting mandatory minimum sentencing, the consumption and distribution of drugs and illegal substances, and mandatory minimum penalties for serious offences.
I now welcome questions from my colleagues.
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- Jun/14/22 4:09:41 p.m.
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- Re: Bill C-5
Mr. Speaker, I personally believe that the bill should make Canadians feel safer, unless doubts are put into people's minds.
Unfortunately, that is what is happening in the House, as the opposition reads out a whole list of crimes and tries to lead people to believe that judges will be obliged to impose house arrest.
This is not the case. Judges have the choice, if the sentence is less than two years. It is judges who are in the best position to determine whether offenders pose a danger to society or whether they have a better chance of rehabilitating in a context of community supervision.
It will depend on the judge, and judges will know more than we do here in the House of Commons, where we can only speculate on hypothetical situations when it comes to the Criminal Code.
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