Bill C-21 (Historical)

An Act to amend certain Acts and to make certain consequential amendments (firearms)

This enactment amends the Criminal Code to, among other things,
(a) increase, from 10 to 14 years, the maximum penalty of imprisonment for indictable weapons offences in sections 95, 96, 99, 100 and 103;
(b) establish a regime that would permit any person to apply for an emergency prohibition order or an emergency limitations on access order and allow the judge to protect the security of the person or of anyone known to them;
(c) deem certain firearms to be prohibited devices for the purpose of specified provisions;
(d) create new offences for possessing and making available certain types of computer data that pertain to firearms and prohibited devices and for altering a cartridge magazine to exceed its lawful capacity;
(e) include, for interception of private communications purposes, sections 92 and 95 in the definition of “offence” in section 183;
(f) authorize employees of certain federal entities who are responsible for security to be considered as public officers for the purpose of section 117.07; and
(g) include certain firearm parts to offences regarding firearms.
The enactment also amends the Firearms Act to, among other things,
(a) prevent individuals who are subject to a protection order or who have been convicted of certain offences relating to domestic violence from being eligible to hold a firearms licence;
(b) transfer authority to the Commissioner of Firearms to approve, refuse, renew and revoke authorizations to carry referred to in paragraph 20(a) of the Act;
(c) limit the transfer of handguns only to businesses and exempted individuals and the transfer of cartridge magazines and firearm parts;
(d) impose requirements in respect of the importation of ammunition, cartridge magazines and firearm parts;
(e) prevent certain individuals from being authorized to transport handguns from a port of entry;
(f) require a chief firearms officer to suspend a licence if they have reasonable grounds to suspect that the licence holder is no longer eligible for it;
(g) require the delivery of firearms to a peace officer, or their lawful disposal, if a refusal to issue, or revocation of, a licence has been referred to a provincial court under section 74 of the Act in respect of those firearms;
(h) revoke an individual’s licence if there is reasonable grounds to suspect that they engaged in an act of domestic violence or stalking or if they become subject to a protection order;
(i) authorize the issuance, in certain circumstances, of a conditional licence for the purposes of sustenance;
(j) authorize, in certain circumstances, the Commissioner of Firearms, the Registrar of Firearms or a chief firearms officer to disclose certain information to a law enforcement agency for the purpose of an investigation or prosecution related to the trafficking of firearms;
(k) provide that the annual report to the Minister of Public Safety and Emergency Preparedness regarding the administration of the Act must include information on disclosures made to law enforcement agencies and be submitted no later than May 31 of each year; and
(l) create an offence for a business to advertise a firearm in a manner that depicts, counsels or promotes violence against a person, with a few exceptions.
The enactment also amends the Nuclear Safety and Control Act to, among other things,
(a) provide nuclear security officers and on-site nuclear response force members with the authority to carry out the duties of peace officers at high-security nuclear sites; and
(b) permit licensees who operate high-security nuclear sites to acquire, possess, transfer and dispose of firearms, prohibited weapons and prohibited devices used in the course of maintaining security at high-security nuclear sites.
The enactment also amends the Immigration and Refugee Protection Act to
(a) designate the Minister of Public Safety and Emergency Preparedness as the Minister responsible for the establishment of policies respecting inadmissibility on grounds of transborder criminality for the commission of an offence on entering Canada;
(b) specify that the commission, on entering Canada, of certain offences under an Act of Parliament that are set out in the regulations is a ground of inadmissibility for a foreign national; and
(c) correct certain provisions in order to resolve a discrepancy and clarify the rule set out in those provisions.
Finally, the enactment also amends An Act to amend certain Acts and Regulations in relation to firearms so that certain sections of that Act come into force on the day on which this enactment receives royal assent.

Criminal Code

[Andréanne Larouche, Bloc, Shefford, QC]

Madam Speaker, I think my colleague is conflating Bill C-21 and Bill C-5. I think we need to come back to Bill C‑5, the bill we are discussing today.

As I said, we have stated our position. We agree with the introduction of diversion measures, but since this is an omnibus bill, it contains two confusing and intertwined items. We certainly have the right to ask questions about minimum sentences.

However, one thing is certain: For these reasons, especially since diversion is so important and has such positive effects, as we have seen in various countries around the world, the Bloc Québécois will vote in favour of the bill. That said, as my colleague from Rivière-du-Nord so aptly put it, we will do it while holding our noses.

[Andréanne Larouche, Bloc, Shefford, QC]

Madam Speaker, as I rise today to speak at third reading of Bill C-5, my mind is once again filled with questions and confusion.

As critic for status of women and gender equality, I have observed an uptick in the number of femicides and incidents involving gender-based violence. Like my colleague from Rivière-du-Nord, whom I commend for his speech and for sharing his time with me, I wonder about the odd message the government is sending with this bill.

I will therefore address the delicate question of mandatory minimum penalties by starting with my experience in the community sector. Next, I will address the bill's shortcomings. I will end with a few suggestions for countering violence and sending a strong message to end the acrimony currently surrounding the bill and, in particular, the disinformation we have been hearing, as my colleague from Saint-Hyacinthe—Bagot mentioned.

I have a background in community work, more specifically with an alternative justice and mediation organization. I sincerely believe in restorative justice. I am entirely in agreement with the Bloc's traditional position, which mirrors Quebec's position on mandatory minimum penalties.

When it comes to justice, the Bloc Québécois advocates for an approach that promotes rehabilitation and crime reduction. We believe that mandatory minimum penalties, or MMPs, have few benefits, that they do not deter crime and that they introduce many problems, including the overrepresentation of indigenous and Black communities in prisons, as well as additional costs to the system. The Bloc Québécois is therefore more favourable to the principle of repealing certain MMPs.

However, the Bloc also believes in timing, since life is all about timing. Now is not the right time to repeal MMPs for firearms offences, seeing as a number of cities in Quebec and Canada are plagued by a rash of gun violence, mainly because of the Liberal government's inaction when it comes to border controls.

Many women's groups are particularly concerned about this and would like to see better gun control measures to help reduce the number of femicides. Repealing MMPs without doing anything to stop the illegal flow of firearms across the border sends a mixed message.

Conversely, Bill C-21 would strengthen certain maximum penalties, but we must be careful not to mix up these two bills. Although we believe that repealing MMPs for firearms possession is defensible, the proposed repeal of MMPs for certain gun crimes, including discharging a firearm with intent and armed robbery or extortion, appears to contradict the government's claim that it will maintain MMPs for certain categories of serious crime.

We need to monitor this aspect of the bill closely, as well as the possibility of maintaining MMPs for second or third offences. As the Bloc Québécois suggested, the courts could be given the power to depart from the MMPs in cases of serious crime where justified by exceptional circumstances.

I would like to clarify that the Bloc Québécois expressed support for the introduction of the principle of diversion for simple drug possession during the last election campaign and the debates on Bill C-236. Let me remind my colleagues that some of the MMPs that are to be repealed involve drug production, at a time when the opioid crisis is claiming more and more lives in Quebec and Canada.

During the last election campaign, I was approached about this topic by community groups that work with the homeless and whose street outreach workers are doing an excellent job, like those in Granby. However, the Bloc Québécois would like to point out that such a measure will be effective only if investments are made in health care, to support health care systems and community organizations. These institutions need resources so they can help people struggling with addiction and mental health issues, another subject that voters broached with me during the last election campaign.

The Bloc Québécois would like to note that we have still not gotten a response from the Liberal government on the issue of increasing health care funding to cover 35% of system costs, despite unanimous calls from Quebec and the provinces. Obviously, without that level of investment, it is hard for community organizations to meet the growing needs created by increased homelessness in municipalities like Granby. The pandemic only exacerbated the problem. Also, as critic for status of women, I see that homeless women are especially vulnerable.

Once again, the Bloc Québécois speaks for Quebec, where diversion is a well-recognized principle that has been integrated into several areas of the justice system. For example, in children's law, extrajudicial alternatives have been offered to young offenders since the 1970s thanks to Claude Castonguay's reform of the Youth Protection Act. There is also the alternative measures program for adults in indigenous communities, which allows individuals to opt for measures other than judicial proceedings.

There is the justice and mental health support program, which allows individuals who have committed a crime and are fit to stand trial to obtain a reduced sentence or, in some cases, benefit from diversion. There is also the general alternative measures program for adults, which is currently being implemented and which gives adults accused of certain crimes the opportunity to take responsibility for their actions and resolve their conflict with the law in ways other than the usual judicial proceedings provided for in the Criminal Code.

For all of these reasons, I would like to salute the organization Justice alternative et médiation, for which I used to work. I would like to apologize for missing the general meeting, but I know that the organization's work on all the issues I mentioned is crucial.

Lastly, with regard to drugs, there is the Court of Quebec's addiction treatment program, which makes it possible to postpone sentencing to allow the offender to undergo court-supervised treatment for addiction. It also provides for close collaboration between the court and drug addiction resources to establish treatment methods, including therapy, rehabilitation and social integration. Unfortunately, this program is offered only in Montreal and Puvirnituq. It would be good if it could be expanded.

In short, as the previous examples show, the principle of diversion is not new in Quebec's judicial ecosystem. Quebec's Bill 32 was studied and also involved diversion. The CAQ government concentrated on securing the passage of this bill, which aims to promote the efficiency of penal justice. The bill introduced the concept of an adaptation program, which will give municipalities another option for administering statements of offence to vulnerable individuals, such as those experiencing homelessness or mental health or addiction issues.

As critic for status of women, I am always rather appalled to observe the overrepresentation of indigenous individuals in prisons and to note that the problem is more pronounced among women than men. Some 38% of women incarcerated in provincial and territorial prisons after sentencing are indigenous, while the corresponding rate of incarceration among men identifying as indigenous is 26%, so this affects far more women than men. In federal prisons, indigenous women account for 31% of offenders sentenced to prison, while indigenous men account for only 2%. These are huge numbers. Given these figures, could MMPs be contributing to increasing the overrepresentation of Black and indigenous people in the prison system? Certain signs point to yes.

Diversion is also beneficial for individuals. It reduces the stigma associated with drug use, as well as the negative consequences of a criminal record, which are disproportionate to the crime of simple possession. One last thing I should mention is that MMPs are expensive, because they generate long-term correctional service costs and court costs. MMPs have a major social cost because the money invested in putting people in prison is not devoted to social reintegration.

In conclusion, because of my background in community work, I am sensitive to many considerations associated with this bill. One thing is certain: It should not relieve us of our responsibility as members of Parliament, especially since gun crime is an important issue, given recent events where many innocent victims were killed by guns. Although we agree with the repeal of MMPs, we should not minimize gun crime or the importance of making the public feel safe and considering better gun control measures. That will be debated in another bill. Let us focus on the bill at hand.

I can say one thing. On the one side, we have the NDP saying that this bill does not go far enough. On the other, we have the Conservatives clinging to their “tough on crime” approach. Is that the way to go? I do not know.

Then there are the Liberals, who, as I mentioned, are playing both sides of the fence, especially in the case of crimes against women. The Truth and Reconciliation Commission of Canada's call to action 32 sought to allow judges to depart from MMPs under certain circumstances, by which I mean serious crimes against women. The idea is to allow judges to decide whether getting rid of the MMP is a good idea. This is meant to send a strong message, especially in the case of serious crimes against women. The Liberals managed to do this in response to the Truth and Reconciliation Commission's recommendation.

Once again, this bill reflects the Liberals' penchant for catch-all bills. Minimum penalties, maximum penalties, diversion: Everything is lumped together. In short, once again, the Bloc Québécois is acting like the adult in the room, trying to adopt the most well-reasoned and reasonable approach.

[Gary Anandasangaree, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada]

Madam Speaker, I want to thank my colleague for his stated support of Bill C-5.

I realize and acknowledge the issues around gun violence. I want to point the member to Bill C-21, which is now before the House. It does, in fact, increase the penalties for firearm-related offences. This is the type of smart criminal justice policy that we are talking about.

We are, in fact, increasing the level of penalties available to judges for those who commit a crime with firearms. At the same time, we are ensuring that increased judicial discretion happens at the lower end of the spectrum where there are other alternatives for those who may be first-time offenders and those who may not pose a risk.

I want to thank my friend for the support, but I also want to reassure him that Bill C-21 will address many of the issues he has mentioned in his speech today.

[Gary Anandasangaree, Liberal, Scarborough—Rouge Park, ON]

Madam Speaker, as I said earlier, Bill C-21 addresses the issues that my friend opposite has brought forward. Gun violence is a problem in our society. Bill C-21 addresses it in a holistic way. It imposes higher sentences when appropriate and allows judges the discretion to ensure that those who commit serious offences get serious sentences.

[Gary Anandasangaree, Liberal, Scarborough—Rouge Park, ON]

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.

[Gary Anandasangaree, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada]

Mr. Speaker, it is good to see you back in your seat.

I appreciate the opportunity to speak on Bill C-5, An act to amend the Criminal Code and the Controlled Drugs and Substances Act, which proposes to consider alternatives to incarceration in appropriate cases while reducing recidivism and keeping society safe.

I want to acknowledge that I am speaking on the traditional unceded lands of the Algonquin people.

Bill C-5 is an important step forward in addressing systemic racism and discrimination. It puts forth an approach that promotes fairer sentencing outcomes for everyone, notably indigenous peoples, Black persons and members of marginalized communities who are disproportionately and negatively impacted by inflexible sentencing laws. These changes would continue to denounce and hold offenders accountable.

The bill advances three broad categories of reforms. I will speak on the specifics later on. I want to speak today about what it means to be incarcerated. I know that the Conservative approach to crime is about locking people up and throwing away the key. The reality is that many jurisdictions where this was tried have realized its innate failures. I want to note that Newt Gingrich, one of the early proponents of mandatory minimum penalties, has now recanted and suggested that mandatory minimum penalties do not work. All across the United States, this realization is coming into the public discourse.

Incarceration is not the answer to all people. There is a need for us to use incarceration only for crimes that are of a serious nature and that pose risks to individuals. We need to provide off-ramps. Systemic racism in the criminal justice system is real. While we may think that our justice system is blind, the outcomes tells us a different story. Indigenous and Black Canadians who go to prison are treated differently; that is, they are mistreated. Their lives are devalued. I would invite anyone who still doubts that to look at the latest Auditor General's report on our correctional system.

I want to give members some snippets of her findings. For example, indigenous and Black offenders faced greater barriers to safe and gradual reintegration into society than other incarcerated groups.

The process of assigning security classifications, including the use of the Custody Rating Scale, and frequent overrides of the scale by corrections staff, result in disproportionately higher numbers of indigenous and Black offenders being placed in maximum security institutions. I quote:

We noted Indigenous representation gaps among correctional officers across institutions, Black representation gaps among program and parole officers at institutions with a high number of Black offenders, and gender representation gaps among correctional officers at women’s institutions.

Indigenous and Black offenders, for example, were placed at a higher security level on admission into custody at twice the average rate of other offenders. Indigenous and Black men were placed at maximum security institutions at twice the rate of other offenders and made up 51% of maximum security placements.

The report added:

We also found that Indigenous women were placed at maximum security at more than 3 times the rate of non‑Indigenous women and made up almost 70% of maximum-security placements.

Corrections staff can override classifications, which means that once a classification is completed, corrections staff have the discretion, at times, to override them. In this case, corrections staff overrode up to 53% of minimum security placements, compared with 27% for non-indigenous women. Indigenous women were classified upwards by 53%, while the average was 27% for non-indigenous women.

For indigenous men, correctional staff overrode up to 46% of minimum security placements to higher levels compared with 33% for non-indigenous offenders. The report said:

...more Indigenous offenders remained in custody until their statutory release and were released directly into the community from higher levels of security.

This essentially means that once somebody is classified, the higher the security classification, the harder it is for them to get the programs of support necessary for them to reintegrate into society.

It also means that they serve a longer period of their sentence in custody, while those who were maybe classified at the lower levels are able to spend less time in custody and more time in bridging programs that will allow them to integrate within the community. This essentially leads to higher levels of recidivism.

For me the most profound thing about the Auditor General's report is that, for the first time, it has quantified systemic racism within our criminal justice system. As we look at reducing mandatory minimum penalties, a very important takeaway is for us to reflect on what that means. We know the offences that are the subject of Bill C-5, for which we are repealing many of the mandatory minimum penalties, directly have an impact on indigenous and Black offenders. It is so critical that we keep that in mind as we look at this bill.

I do want to talk about my personal experience working with young people in the criminal justice system. I used to run an organization called the Canadian Tamil Youth Development Centre back in the late 1990s, early 2000s, before going to law school. I dealt with a number of young people who were involved in the criminal justice system as young offenders and even young adult offenders. I was able to work with them for many years. I still continue to call many of those people my friends because of the relationships we built during that time.

Some of these young people were involved in violence. Some of them were involved in petty theft or other mishaps within the community. What I realized during that time was that they needed support. It is very easy for us, as a society, to incarcerate someone. It is the easiest thing we can do. The harder thing for us to do is to support young people as they redeem themselves as they come out and reintegrate into society.

One of the things I realized is that the more support that we were able to give young people, the more off-ramps we provide to those who may engage, for the first time or second time, in the criminal justice system, the better off society is in the long term. I have consistently seen, in a number of cases, these young people who have come out of the system, and they are now very active and contributing members of our society. That is not always the case, but based on the vast majority of the people I have worked with, that continues to be what I have seen.

During the deliberations at committee, we heard from a number of important stakeholders. I want to highlight the testimony of Raphael Tachie, who is the president of the Canadian Association of Black Lawyers and who obviously supports the repeal of many of the mandatory minimum penalties that are here.

He spoke about what his lived experience was as a young Black man growing up in British Columbia. He talked about the first time he was at a theatre and there was some commotion going on outside of the movie theatre. He was there on a date. He found himself, with many other young Black men, surrounded by police and essentially questioned. Luckily for him, he had a great support system that allowed him to really defend himself because he did nothing wrong.

However, the reality for many is that over-policing oftentimes leads to over-arresting and subsequent convictions because, once one is within the cycle of the criminal justice system, it often just perpetuates. The safeguards are limited.

When Mr. Tachie spoke, his words resonated with me and my personal life, considering the number of times, as someone who is racialized and who grew up in Scarborough, I have been stopped by the police. I continue to be stopped, and this is not something that unique to me. It is the same for many people who may have grown up in my community. They get randomly stopped and questioned. This happens to me even as an MP. It did not stop when I became an MP, a parliamentary secretary or the candidate for the Liberal Party. It continued.

Especially for young people, this means that oftentimes they are without the right supports, without the right legal advocacy and without parents who are able to support them, perhaps because they have multiple jobs or have jobs where they cannot take time off. It really does put young people at an enormous disadvantage.

I often reflect on what Mr. Tachie spoke about and on what my life might be like today if, during one of those half a dozen or dozen times when I had been pulled over or subjected to this type of inquiry, I had given the wrong answer or had been with the wrong people. This is the story for so many people, not only within my community of Scarborough—Rouge Park, but also in many other parts across Canada. It is so profound.

The incident that occurred with George Floyd two years ago really tells a story of the disparity we see in the U.S., but it is not unique. We know there have been a number of times in Canada where indigenous men and women have oftentimes been arbitrarily arrested or arbitrarily beaten up. We have seen where discrimination does not really stop, even with chiefs and people who have a national or local profile, because of who they are, and we see that particularly with young Black men.

In 2019, just before or around the election, I remember the current Minister of Justice and Attorney General of Canada came to my riding on his way to the GTA, and we were able to meet with a whole bunch of stakeholders, most of whom work with youth in our communities. The overwhelming message was that we need to ensure that mandatory minimum penalties are addressed. They have disadvantaged many indigenous and Black Canadians. It is a system that does not work. They are failed policies of the past and something we need to address. Louis March, who many members may know is the leader of the Zero Gun Violence Movement, was one of the people there. His entire life has been devoted to fighting gun violence. He profoundly stated that the system of mandatory minimum penalties does not work and asked that our government address it, so here we are.

First, we are here to repeal all MMPs for drug offences, tobacco-related offences and 13 firearm-related offences. I know that when we say we want to reduce the mandatory minimum penalties for firearms there are many in the House who may legitimately ask why we are reducing the penalties when the use of firearms is on the rise. It is a question that is very pertinent here because Bill C-21, which was introduced by the Minister of Public Safety, addresses that issue as it would increase the maximum penalty for gun-related offences from 10 to 14 years. We are saying there is a need for judicial discretion. That is what that bill would do, it would ensure judicial discretion. It would give discretion to the judge to look at the individual and the circumstances of the case and increase the penalty up to 14 years. I think that is a very important point that is sometimes missed in this debate.

Second, it would remove certain restrictions that would prevent a sentencing court from considering the imposition of conditional sentencing orders. That is a very important issue. It is important to note that our criminal justice system is an unfair system, and I have outlined the issues of systemic racism, particularly as they relate to indigenous and Black Canadians, which not only results in over-incarceration, but also unfairly misclassifies people.

What conditional sentencing orders do is allow the judge to impose conditional sentences, which may be out of custody, on individuals who do not pose a risk to society. This is a very important point again. Oftentimes it is not about giving every offender a conditional sentence. It is about smart policy that says, when we put someone in institutions, we criminalize them even further. We do not give them the right supports. We take them away from their families, and we take them away from the addiction treatment they may need. We also take them away from their responsibilities of going to work, doing work in the community, being a member of their church or being part of the local community, which would give them the support they need to get out of the criminal justice system.

It is a very smart policy. Oftentimes it is mischaracterized, but this would not be available to everyone. It would be available to those who are deemed to not pose a risk to society.

If we look at the numbers over the years, prior to many of these mandatory minimum penalties coming in, there were over 11,000 conditional sentencing orders in Canada. That number is now down to about 6,000.

I know many colleagues who are very progressive would also say that this bill does not go far enough. I would tell them that this is an important bill because it would allow conditional sentencing orders to be expanded in a very smart way, which would allow judges the judicial discretion to place individuals who do not pose a risk and allow them to pay their debt to society while allowing them to continue their lives at the same time. This is about 5,000 Canadians, as per the statistics we have seen.

The final part of this is that we are looking to encourage alternate approaches at an early stage for responding to persons in possession of illicit drugs. I know the Minister of Mental Health recently supported the call from British Columbia and allowed British Columbia to take more control over issues around drugs. We know that the right supports are essential to ensuring that addictions and mental health are supported. This bill allows that.

Unfortunately, I do not have sufficient time to complete my speech. I do want to emphasize that this is smart public policy. This is smart criminal justice policy. I look forward to the support of all members here.

Public Safety

[Marco Mendicino, Liberal, Minister of Public Safety]

Mr. Speaker, I completely agree with my colleague that the situation at the border is worrisome. That is why we will continue to give the Canada Border Services Agency and the RCMP more resources at the border.

We are making progress. Last year, we seized a record number of guns. However, I agree that more needs to be done. That is why I hope that the Bloc Québécois will support Bill C-21.

[Rhéal Fortin, Bloc, Rivière-du-Nord, QC]

Mr. Speaker, I hear the member saying that the government is going to do everything it can, but that means that it has not done anything yet.

Nothing has been done to combat gun trafficking at the border. It has gotten to the point where Quebec and the indigenous police have had to step up their own patrols, without any help from the federal government. Nothing has been done in the House either. Bill C-21 does not propose anything at all to crack down on gun trafficking and organized crime.

The federal government is offering half measures at the border and half measures in the House, but Montreal has an actual problem with illegal gun trafficking and organized crime, not half a problem. When will the federal government crack down on illegal gun trafficking and organized crime?

[Marco Mendicino, Liberal, Minister of Public Safety]

Mr. Speaker, on this side of the House, we will work 24/7 to protect our communities, and that includes controlling the border to stop the illegal gun trade.

That is precisely why we have already transferred $46 million to the Quebec government. That is precisely why we are in a renewal process with our indigenous communities to protect our communities.

Bill C-21 is currently before the House. I hope that the Bloc Québécois will support this very important bill to protect our communities.

Justice

[David Lametti, Liberal, Minister of Justice and Attorney General of Canada]

Mr. Speaker, nothing could be further from the truth on what the hon. member is saying. Bill C-21 attacks violent crime, attacks gang crime, attacks trafficking in arms and raises the maximum penalties available for certain sentences. If he is talking about repeat offenders, those offenders do not have access to minimum mandatory penalties. In fact, they go the other way. Public safety is not going to be negatively affected. In fact, it is going to be enhanced by allowing for serious offences to be treated seriously and for more flexibility at—

Criminal Code

[Michael Barrett, Conservative, Leeds—Grenville—Thousand Islands and Rideau Lakes, ON]

Madam Speaker, it is a pleasure to join the debate this evening, and I think I will be bringing it home before we move on to the other piece of government legislation we are going to discuss.

Bill C-5 is problematic for a number of reasons, and I am going to articulate why I will not be able to support this bill. We have heard a lot of rationales presented by members on the government benches as to why this bill is compassionate, why they believe it is important that this needs to be done and why it is urgent that it be done now.

I would note that this bill was progressing through the House in its previous form in the last Parliament, and during that Parliament the Prime Minister and members of this place undertook not to call an election during the pandemic. However, politics being politics, the Prime Minister saw that the polls seemed favourable for his party's electoral fortunes, called an election and killed the bill.

Now we are back, and I guess it is urgent once more. The Liberals believe that, but it was not in the intervening period.

Let us talk about what the bill really would do. I want to address some of the arguments made in favour of it by the bill's proponents. One of those arguments is that eliminating mandatory prison time for some of these offences would help racialized Canadians and minorities who are disproportionately affected and over-represented in the justice system, so the Liberals are going to eliminate the MMPs for those individuals.

That is what they say Bill C-5 would do. In about 12 minutes we are going to debating Bill C-21, so let us talk about what Bill C-5 would do and what Bill C-21 would do.

Bill C-5 would remove the mandatory prison time for possession of a weapon obtained by the commission of an offence, so there would be no minimum. Bill C-21 would increase the maximum. Bill C-5 would remove the minimum penalty for weapons trafficking, while Bill C-21 would increase the maximum amount of time. For possession for the purpose of weapons trafficking, Bill C-5 would eliminate the minimum penalty, and Bill C-21, as members guessed it, would increase the maximum penalty. The same is true for importing or exporting a weapon, knowing it is unauthorized. The bills would remove the MMP and increase the maximum.

If the contention by the government is that it would be removing the minimum penalty because the folks who are being convicted of these offences are racialized Canadians and they are disproportionately represented in the justice system, why is it that the government wants to increase the maximum penalty?

There seems to be a bit of mental gymnastics happening for the Liberals to put forward these two pieces of legislation, which we are going to be debating in the House literally minutes apart.

We have talked about the opioid crisis in recent days in this place, and we talked about it today. It is a scourge in our country. People are dying every day, and the perpetrators, the dealers of this poison, who are preying on people in all of our communities, should know that what they are doing will carry the harshest penalties in our justice system. They are not the victims.

Bill C-5 would eliminate mandatory prison time for trafficking or possession for the purpose of trafficking, importing and exporting or possession for the purpose of exporting, and production of a schedule 1 or 2 substance. Schedule 1 and 2 include heroin, cocaine, fentanyl and crystal meth.

I have heard conflation regarding this bill and the government's work with the Province of British Columbia to decriminalize what they call “simple possession” of those same substances. When we talk about fentanyl and carfentanil, two and a half grams is considered personal possession. That is enough to kill 1,000 people. That is 1,000 lethal doses.

Yesterday at the health committee, we heard Canada's chief public health officer say that if there is an overdose at a party or someone is carrying two and a half grams of carfentanil or fentanyl, the first step would be to administer naloxone, or Narcan. I do not know what the situation is like in British Columbia with respect to its emergency service preparedness for overdoses, but I do not know of a lot of fire or police departments or public health agencies that have 1,000 Narcan kits on hand. That is incredibly troubling.

This bill also talks about the expansion of conditional sentencing. This is where someone who is found guilty of an offence is able to serve their sentence in the community. The first thing I would draw to the attention of members in this place is bizarre, to put it gently. Someone would be eligible for conditional sentences, which means not serving their sentence in jail, if they are found guilty of prison breach. Therefore, when they break out of jail, the judge will say that it would be more appropriate for them to serve their sentence in the community. It is absurd.

To move from the absurd to the serious, I note offences such as sexual assault, kidnapping, trafficking in persons for a material benefit and abduction of a person under the age of 14. Someone found guilty of these offences would be eligible to serve their sentence in the community where they perpetrated the offence on their victims. They could be in the house right next door. That is not justice. We need to concern ourselves very much with the effects this legislation would have on the victims. This country needs to take an approach where the lens we put on everything we do has victims in mind. These perpetrators are not the victims.

Consider offences such as assaulting a peace officer causing bodily harm or with a weapon. Of course, we can go back to trafficking in or exporting and importing schedule III drugs. After putting poison in our communities, someone can serve their sentence in the community they were poisoning.

We have also heard about diversion for people who have simple possession for personal use of drugs and are struggling with addiction issues. We should have legislation in the House with a comprehension approach for treatment in every single one of the provinces. The Prime Minister, the Minister of Mental Health and Addictions, the Minister of Health, the Minister of Public Safety and the Minister of Justice should be working with the provinces every single day to come up with a framework for a national strategy on treatment. Right now, there are no Crown prosecutors bringing people before the courts for simple possession. There has already been a directive given by the prosecution service for that not to happen.

This bill is deeply flawed, and there are a number of ways we could work together in the House to make sure we are standing up for victims and make sure we are addressing those who are struggling with addiction. That is what I would like to turn my attention to and I will not be supporting this legislation.

[Andréanne Larouche, Bloc, Shefford, QC]

Madam Speaker, I thank my colleague for his speech. As my colleague already said, the issue is with when this bill was introduced. There is an increase in gun crimes. Yesterday we learned that 173 women and girls were killed in Canada in 2021 alone. That is a lot.

People are conflating Bill C‑21, which has to do with firearms, with this one. They are conflating serious gun crimes with simple drug possession. They are conflating everything and making questionable associations. There is an important distinction between these two bills and between gun crimes and the simple possession of drugs. This needs to be simplified. The timing of this bill is strange, however.

[Kristina Michaud, Bloc, Avignon—La Mitis—Matane—Matapédia, QC]

Madam Speaker, my colleague and I work together on the Standing Committee on Public Safety and National Security, notably on the gun control file.

Every time I hear my Conservative colleagues ask questions about Bill C-5 in question period, I hear the Minister of Public Safety respond with something about Bill C-21. I find that somewhat unfortunate because they are not the same thing.

Although I quite like my colleague, we both know that our opinions differ on this subject. For example, the Bloc members are big believers in rehabilitation and social reintegration. I think that Bill C-5 will help with that.

However, I think my colleague will agree with me that this is not the time to be introducing this bill, given the rise in gun crime across the country. We are trying to find ways to combat that situation.

What message does my colleague think is being sent to the public by introducing this bill at this time?

[John Brassard, Conservative, Barrie—Innisfil, ON]

Mr. Speaker, my colleague's intervention this evening was an important intervention. Obviously, the concern on our side is that, on the one hand, we see with Bill C-21 an appearance, real or otherwise, that the Liberals are increasing firearms laws, but on the other hand, with Bill C-5, there is actually an option for those offences to be minimized and not have mandatory sentences. An example the member mentioned was the illegal use of a firearm in the commission of a crime, and there is a whole series of things.

I am wondering if he could comment on this: on the one hand, giving the appearance, as the Liberal government is doing, of strengthening gun laws, which will have no effect, and, on the other hand, diminishing that and allowing criminals to be even more emboldened, more brazen in their activities.

[Andy Fillmore, Liberal, Parliamentary Secretary to the Minister of Innovation]

Madam Speaker, I am very glad to rise today to speak on Bill C-5, an act to amend the Criminal Code and the Controlled Drugs and Substances Act.

Throughout the years, Canadians have witnessed the disproportionate representation of indigenous peoples, Black Canadians and members of marginalized communities in prisons across the country, including in my home province of Nova Scotia. Following the last federal election, our government promised to reintroduce the former bill, Bill C-22, during the first 100 days of our mandate, and that is exactly what the Minister of Justice and Attorney General of Canada did in December 2021. Bill C-5, as it is now known, supports our government's efforts to eliminate the systemic racism in Canada's criminal justice system that has been reported on for years by commissions of inquiry.

The main objective of Bill C-5 is to ensure public safety while at the same time ensuring that the responses to criminal conduct are fairer and more effective. Importantly, the bill would help reduce the overrepresentation of indigenous peoples, Black Canadians and marginalized communities in prisons from coast to coast to coast, which we heard the member for Vancouver Kingsway describe.

Bill C-5 would also ensure that courts across the country can continue to impose severe sentences for serious and violent crimes. Canadians all around the country desire a fair and competent criminal justice system. They want their provinces and their cities and their neighbourhoods to be and to feel safe at all times. They want to have faith in their justice system. They want to believe that offenders will be held responsible for their crimes in a transparent, fair and consistent way that upholds our country's ideals. As members of Parliament, we must listen to these concerns and then work hard to act on them, and act on them we have.

Bill C-5 includes three categories of reforms. The first would repeal mandatory minimum penalties for all drug offences, some firearm offences and one tobacco-related offence. Second, it would allow for a greater use of conditional sentence orders, or CSOs, and I will come back to those shortly. The third reform would require police and prosecutors to consider other measures for simple possession of drugs, such as diversion to addiction treatment programs.

Bill C-5 would repeal mandatory minimum penalties for certain offences that are associated with the overrepresentation of the groups I have mentioned.

The numbers do not lie. In 1999-2000, indigenous people represented 2% of the Canadian adult population but accounted for approximately 17% of admissions to federal custody. Since then, those numbers have moved in the wrong direction, and significantly so: Recent data suggests that indigenous Canadians now account for 5% of the Canadian adult population but 30% of federally incarcerated individuals. It is just not right.

Black Canadians represent 3% of the Canadian adult population but 7% of federally incarcerated individuals. They too are overrepresented in terms of federally incarcerated individuals.

Data from the Correctional Service of Canada for 2007 to 2017 revealed that 39% of Black people and 20% of indigenous people incarcerated in a federal institution during those years were there for offences carrying a mandatory minimum penalty. Again, 39% of Black people and 20% of indigenous people were there because of mandatory minimums.

Further, during the same years, the proportion of indigenous offenders admitted to federal custody for an offence punishable by mandatory minimum penalties almost doubled, rising from 14% to 26%. Bill C-5 would reverse that trend and, in so doing, seek to make the criminal justice system fairer and more equitable for all.

When the Minister of Justice visited my riding of Halifax, he met with members of the African Nova Scotian community, including members of the African Nova Scotian Justice Institute, who, among many things, are committed to fighting racism in the criminal justice system. This group has been advocating impact of race and cultural assessments, something that originated in Nova Scotia, and I want to thank people like Robert Wright for their hard work and Brandon Rolle, who appeared at the justice committee on this legislation, for helping move this idea forward.

Our government is funding impact of race and cultural assessments across Canada by investing $6.64 million over five years, followed by $1.6 million of annual ongoing funding.

Alongside the changes contained in the bill, these are the kinds of important investments needed to make our justice system fairer for all.

If mandatory minimum sentences are repealed, as provided for in Bill C-5, individuals may still be sentenced to harsh penalties. However, the courts will be able to consider the unique circumstances of each offence and determine the most appropriate sentence, rather than having their hands tied by mandatory minimum sentences, which, as we just heard, are filling up the jails with people who do not need to be there. This will help ensure that a person found guilty of an offence receives a sentence that is proportionate to their degree of responsibility and to the seriousness of the offence, while taking into account individualized factors.

Canada is not alone in recognizing that the increased and indiscriminate use of mandatory minimum penalties has proven to be a costly, ineffective and unfair approach to reducing crime, as others have also moved to reform. For instance, while the United States has historically made great use of MMPs, or mandatory minimum penalties, in the last decade many states, including Republican states, have moved toward reducing or eliminating mandatory sentences, with a particular focus on non-violent and drug-related charges.

The lead that the opposition followed in the Harper years from the Republicans in the United States has been proven not to work, and those Republicans are now changing their approach. Also, evidence shows that approaches other than imprisonment, such as community-based sanctions, reduce reoffending because they enable more effective reintegration into the community and reduce the stigma associated with criminal justice system involvement.

I do want to emphasize that those who commit serious crimes should face serious consequences. This is why, alongside Bill C-5, our government has brought forward Bill C-21, which will increase maximum penalties for firearms crimes. This would create the flexibility needed for our judges to impose appropriate sentences based on individual situations, and it is baffling to me that the Conservatives do not support it.

Bill C-5 would also increase the availability of conditional sentence orders, known as CSOs, without compromising public safety, so that sentencing courts could impose community-based sentences of less than two years when the offender does not pose a risk to public safety. A CSO is a sentence of incarceration of less than two years that is served in the community under strict conditions, such as curfew, house arrest, treatment and/or restrictions on possessing, owning or carrying a weapon.

The evidence is clear: Allowing offenders who do not pose a risk to public safety to serve their sentences under strict conditions in their community can be more effective at reducing future criminality. Offenders can keep a job, maintain ties with their families and maintain ties with their community. These are the measures that bring back flexibility of sentencing by allowing judges to help people, not just jail them.

For example, a judge can impose a CSO for an offender to serve their sentence at home and receive appropriate mental health and rehabilitation supports that we have heard again and again are so important to rehabilitation. This will increase access to alternatives to incarceration for low-risk offenders while also furthering the sentencing goals of denunciation and deterrence.

We have heard some claims from the other side that dangerous offenders will be able to get CSOs. That is simply not the case. CSOs will not be available for some offences prosecuted by way of indictment, including advocating genocide, torture, attempted murder, terrorism and criminal organization offences, for which the maximum term of imprisonment is 10 years or more. CSOs will only be available for sentences of under two years for offenders who do not pose a risk to public safety.

This is an important step in reorienting our criminal justice system so that it is both fairer and more effective, while ensuring public safety at the same time. All in all, Bill C-5 represents an important step in our government's efforts to eliminate systemic racism in Canadian society. This bill would also ensure that all Canadians have a safer and more equitable future.

The measures outlined in this bill go hand in hand with a slew of additional investments announced in the 2020 fall economic statement and the 2021 budget, which provide funding to promote co-operation on an indigenous justice strategy and engagement with indigenous communities and groups on creating legislation and activities that address systemic barriers in the criminal justice system.

Further, the government provides funding to community groups and programs that aid at-risk adolescents, give alternatives to criminal charges when possible, and help fight injustices in the judicial system that affect Black Canadians, indigenous peoples and other racialized communities.

I urge all of my colleagues in this chamber to support Bill C-5 to ensure a more equitable and fairer future for all Canadians. Regardless of their race, ethnicity or socio-economic backgrounds, Canadians from coast to coast deserve to feel safe and accepted in our society.