SoVote

Decentralized Democracy

House Hansard - 79

44th Parl. 1st Sess.
June 1, 2022 02:00PM
  • Jun/1/22 5:28:49 p.m.
  • Watch
  • Re: Bill C-5 
Madam Speaker, one thing I did not hear from my colleague during his 10-minute speech is the term “systemic racism”. We know from the Auditor General's report yesterday, in which she talks about correctional institutions and the need to address issues of systemic racism, that indigenous and Black Canadians who go into prisons stay longer because of systemic racism within the system. Therefore, it is important that we ensure there are off-ramps and possibilities for people who do not pose a threat to be able to serve their sentence in the community. I wonder if my friend opposite could say why, in the 10 minutes he had, he could not even utter the words “systemic racism” in his speech.
126 words
All Topics
  • Hear!
  • Rabble!
  • star_border
  • Jun/1/22 5:29:37 p.m.
  • Watch
  • Re: Bill C-5 
Madam Speaker, I am shocked that the member opposite raised this issue because, for a number of the offences within Bill C-5, such as weapons trafficking, discharging a firearm with intent, and possession of a weapon obtained in the commission of an offence, the government said last week that people would not go to jail at all, and this week, in Bill C-21, for those very same offences, it has increased the maximum penalties. It cannot have it both ways.
82 words
All Topics
  • Hear!
  • Rabble!
  • star_border
  • Jun/1/22 5:30:25 p.m.
  • Watch
  • Re: Bill C-5 
Madam Speaker, I know there is a lot of shared ground here in the House of Commons on wanting to make communities safer. That is a goal we all share, but we share a difference of opinion on how best to do that. I am always disappointed when I hear the Conservatives implying that somehow mandatory minimums create safer communities, when all the research and all the evidence show that this is simply not true. I guess I am hoping the member could acknowledge that we have a difference of opinion about how best to protect communities. It is not that some of us care about communities more than others.
110 words
All Topics
  • Hear!
  • Rabble!
  • star_border
  • Jun/1/22 5:31:01 p.m.
  • Watch
  • Re: Bill C-5 
Madam Speaker, I will absolutely acknowledge that we have a difference of opinion. I, for one, believe that criminals who are putting Canadians at risk and engaging in activities in our communities such as using a firearm in the commission of an offence, weapons trafficking, robbery with a firearm, extortion with a firearm, and discharging a firearm with intent should get jail time. I think most Canadians would agree with that, whether they live in an urban or a rural area.
81 words
All Topics
  • Hear!
  • Rabble!
  • star_border
  • Jun/1/22 5:31:32 p.m.
  • Watch
  • Re: Bill C-5 
Madam Speaker, I am so grateful to be acknowledged at this moment, because it allows me to follow up on the question from the hon. member for Esquimalt—Saanich—Sooke and clarify for the hon. member for Fundy Royal that no one voting for Bill C-5 thinks that guilty parties should have no jail time. What we are arguing for, based on the evidence, is that we do not put an additional cost burden on the provinces by putting more people in jail. The provinces have to pay the costs of what was an omnibus crime bill in a previous Parliament, Bill C-10. We do not want to see people who are innocent get so worried about a mandatory minimum that they take their lawyer's advice and take a plea deal because they do not really want to take the chance of letting the judge use his or her discretion, having heard all the evidence, and we do not want people to get lesser sentences because they did not go through the process where a judge had the discretion to decide how they should go to jail. The punishment must fit the crime, and the cookie-cutter approach of mandatory minimums is a failure.
209 words
  • Hear!
  • Rabble!
  • star_border
  • Jun/1/22 5:32:35 p.m.
  • Watch
  • Re: Bill C-5 
Madam Speaker, I wish all Canadians could have been watching when we saw the Green Party move amendments at our committee to remove every single mandatory penalty from the Criminal Code, including sexual offences against children. It was appalling. They moved the amendments, but then they did not want to speak about them. I am happy to speak about them. We, the Conservatives, believe that Parliament needs to send a message that individuals who victimize young people and Canadians, cause fear in our communities and engage in drive-by shootings, weapons trafficking, the importing and exporting of firearms illegally, robberies with a firearm, extortion with a firearm and the discharging of a firearm with intent, as in a drive-by shooting, need to be off the streets and there need to be serious consequences for those types of crimes.
139 words
  • Hear!
  • Rabble!
  • star_border
  • Jun/1/22 5:33:32 p.m.
  • Watch
  • Re: Bill C-5 
Madam Speaker, I am pleased to participate in the third reading debate of Bill C-5, an act to amend the Criminal Code and the Controlled Drugs and Substances Act. Let me begin by acknowledging that I am speaking from the traditional unceded lands of the Algonquin peoples. At the outset, I would like to thank my colleagues at the justice committee for their diligent work in improving this bill and moving it forward and the many witnesses who came forward to speak about their lived experiences. Bill C-5 addresses systemic racism and discrimination in the criminal justice system by promoting a fairer and more effective justice system that, among other things, would provide courts with increased judicial discretion at sentencing through the elimination of some mandatory minimum penalties of imprisonments and of restrictions on the imposition of conditional sentences of imprisonment. Further, the bill promotes alternatives to charging and prosecuting individuals in cases involving simple possession of drugs. We see again here the opposition attempting to reinstate mandatory minimum penalties in the legislation when we have clearly seen that MMPs do not work. I am proud of the announcement our government made Monday to crack down on illegal and dangerous firearms in Canada, including raising maximum penalties for many firearm offences. Together with this bill, we would be restoring discretion to judges, ensuring that their fair sentences can be applied and that serious crimes would still receive serious sentences. The Standing Committee on Justice and Human Rights has now concluded its study of the bill and has decided to report the bill back to the House of Commons with four amendments, which I believe strengthen the bill. Bill C-5's amendments would provide space to treat the simple possession of drugs as a health issue rather than a criminal one, as it should be, and is consistent with the announcement made by the Minister of Mental Health and Addictions for British Columbia yesterday. The bill requires police and prosecutors to consider alternative measures, including diverting individuals to treatment programs, giving a warning or taking no further action, instead of laying charges or prosecuting individuals for simple possession of an illegal drug. Further, it would provide a declaration of principles to guide police and Crown prosecutors in the exercise of their discretion. Among other principles, the bill would recognize that scarce judicial resources should be reserved for offences that pose a risk to public safety and that criminal sanctions imposed in respect of the possession of drugs for personal use are not consistent with established public health evidence. The principles enacted under Bill C-5 do not condone the sale of drugs, as that may result in the death of the purchasers, including purchasers who may be youths and first-time users and who are at greater health risks from consuming highly concentrated drugs. Condoning the sale of drugs would be contrary to the government's ongoing efforts to combat the opioid crisis and deaths. Further, such an approach would also be contrary to the harm reduction and prevention pillar of the Canadian drugs and substances strategy. Let me be clear that Bill C-5 is only one part of a larger government strategy to fight the ongoing opioid crisis. On May 31, 2022, the Minister of Mental Health and Addictions and Associate Minister of Health announced the granting of a time-limited exemption, under subsection 56(1) of the CDSA, to exempt the application of the simple possession offence to the personal possession of small amounts of controlled substances, which is commonly involved in overdose deaths by adults 18 years or older in the province of British Columbia. The exemption is part of the province's comprehensive approach to address the overdose crisis and is intended to reduce harm for people who use drugs and promote better access to life-saving health services in the territory. Before I go into the other parts of the amendment, I do want to highlight the report by the Auditor General of Canada to Parliament from yesterday. When I speak about the need to avoid prison sentences for those who pose virtually no threat to the public, particularly from racialized communities, and indigenous and Black communities, it is because we know that systemic racism is prevalent within many parts of the criminal justice system. The report by the Auditor General from yesterday makes it crystal clear that there is a disparity in the manner in which we treat indigenous and Black offenders. For example, and I would like to read parts of the report, it says, “Indigenous and Black offenders...faced greater barriers to a safe and gradual reintegration into society” than other incarcerated groups. The report goes on to say, “Indigenous and Black offenders remained in custody longer and at higher levels of security before release.” Essentially, Correctional Services categorizes offenders based on low, medium and high risk, and it is clear that there is a disparity in the manner in which it classifies indigenous and Black offenders. For example, the report continues, “We found that Indigenous and Black offenders were placed at higher security levels on admission into custody at twice the average rate of other offenders.” The report then says: We found that, although the majority of offenders were released on parole before the end of their sentences, fewer Indigenous offenders were released when first eligible. In fact, more Indigenous offenders remained in custody until their statutory release and were released directly into the community from higher levels of security. This means that they did not obtain the right level of support for them to go into the community and integrate. The report continues, “Indigenous offenders served longer portions of their sentences in custody than the average, placing them at a disadvantage to access early release or parole.” I believe this report is important to the discussion today because, when we speak about ensuring that we minimize those going into the criminal justice system, we are not saying that we treat everyone the same. We are saying that, if a person poses no risk and is a low-risk offender who does not belong in jail, then they have other alternatives. As a government bill, Bill C-5 would address some of the root causes of both mandatory minimum penalties and avoiding jail sentences, which we know from the Auditor General's report does have adverse impacts on indigenous and Black Canadians, particularly indigenous women and young Black men. I will now talk about the amendments that Bill C-5 would make. The first amendment would be to clarify the kind of information to be kept in the police record on warnings or referrals, the use of such records and to whom they may be disclosed. For instance, once amended, any information contained in the record of warning or referral may be made available to a judge or a court for any purpose relating to offence proceedings for the preparation of a pre-sentence report but limited to circumstances to which the record relates. These changes address the concerns raised by several witnesses that records could be improperly applied, which would frustrate the objectives of the bill to promote diversion while recognizing that police officers are legally and ethically bound to keep notes to facilitate various operational requirements of the criminal justice system. To address these concerns, a second amendment would provide a mechanism to reduce the stigma associated with convictions for simple possession of drugs by specifying that past and future convictions must be kept separate and apart from other criminal convictions after a certain period of time. These new measures would need to be implemented two years after the coming into force of the bill in the case of convictions that occurred before the bill came into force, two years after the conviction or completion of an offender's sentence, or in the case of conviction after Bill C-5 is enforced. The third amendment would provide an express provision to clarify that no social worker, medical professional or service provider would be committing the offence of simple possession when they come into possession of a controlled substance in the course of their duties when they have the intent to, within a reasonable period, lawfully dispose of it. We believe that this particular amendment is covered in the “innocent possession” common law defence, and we were able to work with the opposition in order to strengthen the bill to have a bit more clarity, which is incorporated herein. The last amendment from Bill C-5 would require a comprehensive review of the provisions and operations of the bill to be undertaken by the House on the fourth anniversary of the bill coming into force. In conclusion, Bill C-5 is a very important step forward in addressing common sense criminal law reform. Mandatory minimum penalties, in many cases, have not had a positive impact on communities, particularly indigenous, Black and other racialized communities, and this bill is a very important step forward in addressing the systemic racism that we have within the criminal justice system.
1529 words
All Topics
  • Hear!
  • Rabble!
  • star_border
  • Jun/1/22 5:43:42 p.m.
  • Watch
  • Re: Bill C-5 
Mr. Speaker, I listened intently to my colleague's speech. The problem is that a number of times I heard the words “simple possession”. The issue is that this is not what Bill C-5 deals with. The mandatory minimum penalties being repealed in the Controlled Drugs and Substances Act have to do with trafficking, importing or exporting controlled substances, or the production of schedule I or schedule II drugs, that is, cocaine, heroine, fentanyl and crystal meth. Would the hon. member maintain that production, trafficking and importing are “simple possession”?
95 words
All Topics
  • Hear!
  • Rabble!
  • star_border
  • Jun/1/22 5:44:23 p.m.
  • Watch
  • Re: Bill C-5 
Mr. Speaker, it is clear that, when we have criminal law, it is intended to serve a particular purpose. What we are doing today is bringing forward smart criminal justice reform that is intended to address the root cause of the issue and ensure that we have enough off-ramps for people, who may have substance addiction issues, to be able to get the right treatment and the right supports to enable them to move on in society.
78 words
All Topics
  • Hear!
  • Rabble!
  • star_border
  • Jun/1/22 5:44:59 p.m.
  • Watch
  • Re: Bill C-5 
Mr. Speaker, mandatory minimum sentences have their pros and cons. In any case, I am not against abolishing them. However, there are problems associated with them that must be resolved. They include problems with education, illegal arms trafficking, social issues, and the need for hospitalization and diagnosis. It is time that the government provided health transfers, if only to address the health aspect, so that youth could be monitored from early childhood to prevent them from ending up in jail or other bad situations. This would also ensure better social support. When will this happen?
95 words
  • Hear!
  • Rabble!
  • star_border
  • Jun/1/22 5:45:54 p.m.
  • Watch
  • Re: Bill C-5 
Mr. Speaker, I think the question here is that, as a society, we need to ensure that there are enough off-ramps for people who somehow got into the criminal justice system to rehabilitate, be able to move on and get the right levels of support, whether it is through addiction counselling, rehab or community engagement work, or, in some cases, serving sentences. That is really the purpose of this bill, to advance smart criminal justice policy that goes toward ensuring that our communities are safe.
86 words
  • Hear!
  • Rabble!
  • star_border
  • Jun/1/22 5:46:38 p.m.
  • Watch
  • Re: Bill C-5 
Mr. Speaker, I want to reflect on what happened just before we started this debate on Bill C-5 because there are some modest measures in Bill C-5 that would help address the opioid crisis, but the government just defeated Bill C-216, which would have decriminalized personal possession of drugs. The Prime Minister said earlier today that, in reference to the section 56 exemption for British Columbia, he would be prepared to work with communities who are interested in such an exemption. Is the government really telling us today that, instead of just eliminating penalties for possessions, it will work positively with communities to grant exemptions in addition to those in British Columbia?
115 words
All Topics
  • Hear!
  • Rabble!
  • star_border
  • Jun/1/22 5:47:22 p.m.
  • Watch
  • Re: Bill C-5 
Mr. Speaker, I think the answer to that question is obvious. The Prime Minister, from the outset, has said he is willing to engage communities and the result is what we saw in British Columbia yesterday with the section 56 exemption. Of course, when parties come together, when provinces and municipalities come together, there is always room for us to discuss. I am absolutely certain that the Prime Minister, as indicated today, will live up to that, as we have with British Columbia.
83 words
All Topics
  • Hear!
  • Rabble!
  • star_border
  • Jun/1/22 5:48:00 p.m.
  • Watch
  • Re: Bill C-5 
Mr. Speaker, I am wondering if the member could provide his thoughts on the impact on systemic racism and bringing forward this legislation.
23 words
All Topics
  • Hear!
  • Rabble!
  • star_border
  • Jun/1/22 5:48:16 p.m.
  • Watch
  • Re: Bill C-5 
Mr. Speaker, on the eve during which Bill C-5 is coming to third debate, I do want my friends opposite to reflect on the notion of systemic racism. It is something that has been central to this bill. I really do invite members, especially the opposition, to read the report by the Auditor General from yesterday that talks about systemic barriers within Correctional Service Canada. It is a very profound report. I know that the Office of the Correctional Investigator, for many years, has been putting forward reports after reports after reports. However, this is coming from the Auditor General who has, I think for the first time, empirically demonstrated that systemic racism does, in fact, exist within our criminal justice system. It is something that I take very personally.
131 words
All Topics
  • Hear!
  • Rabble!
  • star_border
Mr. Speaker, I rise to speak to Bill C-5. I find this bill important but disheartening at the same time. The way in which the bill was presented is deplorable, and that is very sad. Bill C‑5 is really two bills in one. The first decriminalizes certain offences, and the second establishes diversion measures while also abolishing minimum sentences. These are two very different issues. We are comfortable with the elimination of certain minimum sentences. Generally speaking, the Bloc Québécois believes that minimum sentences are not a cure-all. We think that they can actually be harmful in many cases and that we should trust the judges overseeing criminal trials. However, we believe that minimum sentences can be useful in some circumstances. It would be especially unfortunate to eliminate them at the wrong time. Right now, gun violence is on the rise in Montreal and many other Canadian cities, and people want the government to do something. The government proposed Bill C-21 in an effort to control the circulation of legal weapons. However, the bill does nothing about the illegal weapons being used by street gangs to commit crimes and shoot people in the streets. The Bloc says that this problem needs to be addressed, and we have some suggestions. For months now, we have been standing up in the House and talking about the need to identify organized criminal gangs and include targeted measures against members of criminal gangs in the Criminal Code. We have proposed a joint task force to stem the trafficking of illegal guns through indigenous reserves. People on the reserves have agreed to work with us on this plan. We have proposed more funding for border controls, to no avail. All of these measures would help curtail shootings, but the government has done nothing in this respect. Now we have Bill C-5, which not only does nothing to fight gun violence committed with illegal weapons, but which also eliminates mandatory minimum sentences for crimes that I believe are pretty serious. I hardly consider armed robbery to be a trivial matter. Armed extortion is not a trivial matter either, nor is discharging a firearm with intent to wound, maim or disfigure. The government wants to eliminate the minimum sentences for these crimes just as the public is expressing concern. People want the government to do something to reassure them. Not only is the government responding by doing nothing, but it is eliminating the minimum sentences for these crimes. I am appalled. At the same time, the government is establishing diversion measures for certain offences involving illicit substances. It is offering diversion for possession of substances for personal use. Rather than sending a person with drug addiction to prison, we will provide treatment. We will help the person regain control of their life and become a useful member of society again. That is a good thing. However, these are two completely different subjects. The government is taking Parliament hostage by saying this is a package deal. Members are being forced to decide whether they are totally for it or totally against it. I find that appalling. In my opinion, that is a way of muzzling democracy. I would have liked to hear my colleague from the governing party speak to this aspect of the issue. Why did his party refuse to split the bill from the beginning, as we requested? That would have made it a lot easier to work on. In any case, we have to live with it now. It is what it is. Getting back to what I was saying about minimum sentences, there is a major problem with some of the offences. We tried to find solutions. The Bloc Québécois is against many things, but we are also in favour of certain things. Above all, we try to improve the bills that come through the House. Whenever we can make them acceptable and make sure they reflect the values and interests of the people we represent, we are happy to do so. In this spirit, we made a suggestion. Now is not the time to abolish minimum sentences, because this would send the wrong message. Not only would it not reassure the public, but it would worry them even more. We therefore suggested maintaining the minimum sentences and adding clauses stating that the court could override them under exceptional circumstances. That is the system used in other jurisdictions, and it works, as an expert told the Standing Committee on Justice and Human Rights. We proposed adding a clause requiring judges to state, if applicable, that the case they are trying is an exceptional case and that, under the circumstances, they will override the mandatory minimum sentence for such and such a reason. The clause would provide guidelines and ensure that justice is taken seriously. Our proposal was so good that the Liberals changed two or three words and proposed it themselves. I was very happy about that, since I feel no need to take credit for the amendments to Bill C-5. However, when the time came to put the Liberals' amendment to a vote, none of them rose to present it, so I did it for them. I am dismayed by these sorts of games, because I think they are anti-democratic. They do not serve the interest of voters, either in Quebec or elsewhere in Canada. I am appalled by these tactics, and I would like to hear what my colleague across the aisle has to say about this. That being said, there is also the whole diversion component, which is important to us, as I mentioned earlier. That is why I feel torn today. I do not know what to do. We will have to live with our decision, and it feels a bit like choosing between the plague and cholera. Whichever way we vote, we will be partly disappointed and partly happy. However, we could have been completely happy if everyone here could have come to an agreement, because we basically want the same thing. I do not think that the members across the aisle, or my Conservative and NDP colleagues, are acting in bad faith. I simply think that we have different ways of looking at things and that, if we work together, we can find solutions that will satisfy our interests, our prerogatives and our respective voters. Unfortunately, we were unable to find common ground. The opioid crisis is affecting Rivière‑du‑Nord, and it is a major problem. We have a great many other problems that we would like to solve using rehabilitation. The Quebec government has already adopted diversion measures for criminal offences. It tries to rehabilitate people rather than make them stand trial and send them to prison. We try to help them reintegrate into society and become active contributors again, as most of them used to be. For whatever reason, these people had experiences that set them on a path they would not otherwise have chosen, any more than we would have. In Quebec, we believe that we can help them and rehabilitate them. I applaud diversion efforts, and so does the Bloc. I think that it is the right solution, for the same reason that we previously voted in favour of the NDP's Bill C-216 along the same lines. We need to work with these people and help them. They do not need jail time, they need help. Drug addiction is a health issue, not a criminal justice issue. We therefore applaud this measure. However, we are torn over the idea of abolishing minimum sentences. This would send a message that I dare not describe in the House. I will say just that it is completely out of touch with reality because, day after day, people are shooting up day cares and apartment buildings. Just this morning, I read in the news that a stray bullet found its way into a senior's apartment. Fortunately, she was not hit. Members will recall that someone shot up a day care last week. That is not even organized crime. It is just delinquency. I am not a criminologist, and I cannot say any more on this subject, but we need to address this problem. Gun control falls under the federal Criminal Code, but the federal government is not doing anything. On top of that inaction, it wants to abolish the minimum sentences for these offences. I think that is just terrible. We will see how we vote on the bill, but I will admit that we are torn. This is not a good day for democracy.
1451 words
All Topics
  • Hear!
  • Rabble!
  • star_border
Mr. Speaker, I enjoy working with my colleague opposite, and I believe he comes from a really good space when he talks about this bill, but I want to highlight a couple of things. First and foremost is Bill C-21. A lot of the challenges the member addressed in his speech are addressed in Bill C-21. We have heard from him about them a number of times and we have delivered. It was tabled on Monday. The issue that I want to probe with the member is the notion of systemic racism, because it is an area where we have had some conversations and I do not believe he is quite there yet in acknowledging that systemic racism exists. After the report from the Office of the Correctional Investigator yesterday and after the testimony of people like the president of the Canadian Association of Black Lawyers and many others, does my friend opposite acknowledge that systemic racism exists and that we need to ensure our system of justice is fair and equitable to all who are part of it?
181 words
  • Hear!
  • Rabble!
  • star_border
Mr. Speaker, I would like to thank my colleague for his question. I am happy to address this aspect, which I did not have time to talk about in my initial presentation. First, with respect to Bill C-21, let us forget that. We need to fix this quickly, since there is not a single street gang that buys their guns at Canadian Tire. That does not happen. With respect to systemic racism, what kind of twisted idea is it to claim that if there are indigenous or racialized people in our prisons, it is because the penalties are too harsh? What kind of an argument is that? This population needs help, that is what we heard in committee. Yes, there are more people in prison; those are the statistics, and I will not change them. It is true that there are more indigenous and Black people in prison, but we need money, we need to work with these people and help their communities. It takes more than social workers, health care, education and all that to help them not commit crimes. To argue that society will lower its standards, that people from the Black or indigenous communities commit crimes and therefore we will reduce penalties so they do not go to prison, is just mind-blowing. I could not believe it when I read that. When I saw my colleagues defend that in committee, I was happy I was not in their shoes. I imagine that the caucus forces them to defend these views, but if I were in their shoes I think I would have left the caucus.
270 words
  • Hear!
  • Rabble!
  • star_border
  • Jun/1/22 6:01:49 p.m.
  • Watch
  • Re: Bill C-5 
Mr. Speaker, although I do not agree with absolutely everything my colleague just said, I do agree with almost all of it, especially the part about the current government's reasoning for wanting to, as the member so aptly put it, lower its standards when it comes to crime and sentencing. I have the privilege of representing the riding of Louis-Saint-Laurent. As members know, Wendake is located in the heart of my riding. Some people who are close to me are outraged about the government's approach and desire to lower the standards. As the member said so well, we should be helping the least fortunate and the most vulnerable among us to prevent these crimes. The government should be taking a positive and constructive approach to the challenges we face with respect to the first nations and racialized peoples who are unfortunately in our prisons. It should be helping them, but instead, it is lowering standards in a race to the bottom. What are my colleague's thoughts on the government's approach?
176 words
  • Hear!
  • Rabble!
  • star_border
  • Jun/1/22 6:02:57 p.m.
  • Watch
  • Re: Bill C-5 
Mr. Speaker, I completely agree with my colleague. We did not hear a single person or witness in committee say that they wanted to be allowed to commit criminal acts. No one said that. These people are saying they have a problem, they need help, and we need to help them. It is our job as members of Parliament to help them. Once again, it makes no sense to say that we are going to reduce sentences for crimes that are committed. It is unjustifiable, and it is insulting to these people. It is true that they need help for all kinds of historical reasons. They have not been treated fairly in the past. This needs to be addressed, and we need to offer support and assistance to these communities. However, allowing them to commit crimes with a lesser penalty is not going to help them. That will not help anyone, on the contrary.
154 words
  • Hear!
  • Rabble!
  • star_border