Opening Remarks

Minister of Justice and Attorney General of Canada

September 21, 2022

Honourable Senators, Madam Chair, I am pleased to appear before you to speak to Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act (CDSA).

The legislative reforms proposed in this Bill mark an important step toward a fairer and more effective criminal justice system for all – but especially for those who have been negatively and disproportionately impacted by rigid sentencing policies that reduce judicial discretion to impose just sentences.

Systemic racism and discrimination are a reality for too many, whether it is within the criminal justice system or outside of it. We know that Indigenous people and Black persons in federal correctional facilities are over-represented at alarming rates. We also know that there are many factors that have caused this and that these are issues that cannot be addressed by law reform alone.

These complex issues require a response that is multi-sectoral, collaborative, compassionate and evidence-based. The reforms in Bill C-5 are an important step, but only one step that the Government is taking to address these issues.

Bill C-5’s amendments to the CDSA would require police and prosecutors to consider doing nothing, issuing a warning or diverting individuals found in simple possession of drugs, away from the criminal justice system. This recognizes that substance use is primarily a health and social issue best addressed through prevention and treatment.

For the first time, a declaration of principles would be enacted in the CDSA that is consistent with the protection of public health and the maintenance of public safety.

When this Bill was studied in the other place, many witnesses and parliamentarians raised concerns that the Bill’s provision requiring police to keep a record of warnings and referrals could be used for inappropriate purposes. Others raised concerns about the ongoing stigma associated with a record of conviction for simple possession of drugs, as well as concerns that criminal offences could capture professionals who help people struggling with the harms of substance use.

To address these concerns, three amendments to the CDSA’s proposed diversion reforms were made. First, the amendments would provide a framework that clarifies the kind of information that can be kept by police, the use that can be made of such records, and to whom they can be disclosed. For instance, such records would only be used in proceedings or disclosed to a police officer in the administration of the case for the offence to which the record relates.

Second, Bill C-5 was amended to specify that past and future convictions for possession of controlled drugs must be kept separate and apart from other criminal convictions after a certain period of time. Implementation of these reforms in the CDSA would require a shift in the way that convictions for simple possession of controlled drugs are managed, as well as federal, provincial and territorial cooperation, which is why the Bill proposes a two-year period to implement them.

Finally, a new section 10.7 of the law has been proposed to clarify that social workers, health professionals and service providers who come into possession of controlled substances in the course of their duties should not face criminal charges if they intend to dispose of them legally within a reasonable time. The reason for this amendment is the concern that these individuals may come into possession of illegal drugs while on the job and be afraid to turn those drugs over to the police for fear of being charged.

Madam Chair, the repeal of all mandatory minimum sentences for drug offences, some mandatory minimum sentences for firearms offences and for a tobacco offence would allow sentencing courts to be more responsive to the facts of the case. In addition, by allowing greater use of conditional sentence orders in appropriate cases, courts will be able to develop more effective sentences to address the root causes of offending.

While Bill C-5 would expand the availability of conditional sentence orders, they would nonetheless remain unavailable for sentences of two-years’ imprisonment or more or where the offender poses a threat to public safety such that a conditional sentence order would be inconsistent with the purpose and principles of sentencing.

Moreover, conditional sentence orders would continue to be unavailable for offences punishable by a mandatory minimum penalty, for a terrorism or organized crime offence, when prosecuted by indictment and the maximum penalty is ten years or more, and for the offences of attempted murder, advocating genocide and torture.

Honourable senators, for some, this Bill goes too far. For others, it does not go far enough. I urge you not to ignore the opportunity this Bill presents to take meaningful steps to address the very real and pressing challenges facing our system today. Please also remember that this is just one measure, among many other actions and investments made by our government.

For example, Budget 2021 proposes $74.8 million over three years to improve access to justice for Indigenous peoples and support the development of an Indigenous justice strategy to address systemic discrimination and overrepresentation of Indigenous people in the criminal justice system. This includes engaging with Indigenous communities and organizations in the development of legislation and initiatives to address systemic barriers in the justice system – an essential component of reconciliation.

Efforts to modernize criminal justice system data collection would support evidence-base policies and provide better evidence for the review of this Bill in four years, should it receive Royal Assent. Under Budget 2021, $6.7 million over five years, starting in 2021-22, and $1.4 million ongoing, would be invested to improve the collection and use of disaggregated data – a critical step in understanding the impact of criminal justice system policies on racialized communities.

Moreover, a $28.6 million investment over five years will support Community Justice Centres in British Columbia, Manitoba and Ontario as well as their expansion to other provinces and territories. Those centres bring justice, health, employment, education and social services together to address the determinants of crime. They integrate culturally appropriate services with the goal of decreasing the overrepresentation of racialized persons in the criminal justice system and provide solutions to systemic issues.

Furthermore, the promotion of Gladue Report writing ($49.3 million over five years, and $9.7 million ongoing) and the impact of race and culture assessments ($6.6 million over five years, and $1.6 million ongoing) at sentencing will help address systemic barriers and racism. It would ensure for instance, an Indigenous person’s experiences with intergenerational trauma or residential schools, or a Black person’s experience with racism, is taken into account at sentencing. These reports help craft fit sentences and inform reasonable alternatives to imprisonment when appropriate.

I look forward to answering your questions.

Thank you.