Details
- Full Title
- An Act to amend the Criminal Code and the Controlled Drugs and Substances Act
- First Reading
- December 7, 2021, Parliament 44, Session 1
- Type
- House Government Bill
- Full Content
- https://www.parl.ca/legisinfo/en/bill/44-1/c-5
Summary
Bill C-5 amends the Criminal Code and the Controlled Drugs and Substances Act. The main changes include getting rid of some mandatory minimum penalties for crimes. It also makes it easier for judges to use conditional sentences, which means someone can serve their sentence in the community instead of in jail. The bill also creates new ways to deal with people who are caught with small amounts of drugs. Instead of always charging them with a crime, police can now give them a warning or refer them to programs that can help. The goal is to treat drug use more like a health problem than a crime.
Specifically, the bill changes parts of the Criminal Code related to firearms offenses. These changes remove mandatory minimum penalties, giving judges more freedom when deciding sentences. The bill also removes some restrictions on who can receive a conditional sentence. This means more people may be able to serve their time outside of jail.
In the Controlled Drugs and Substances Act, the bill focuses on helping people who use drugs. It tells police to consider warnings or referrals to treatment programs instead of automatically charging people with simple drug possession. Prosecutors are also told to only pursue charges if a warning or referral isn't appropriate. This part of the bill also protects social workers, doctors, and other service providers who might have drugs in their possession as part of their job, as long as they plan to get rid of them legally.
Finally, the bill says that after four years, a committee in Parliament will look at how well the changes are working. This review will help make sure the bill is doing what it's supposed to do and that it's helping people in the best way possible. The bill includes a section that says convictions for simple possession of drugs will be kept separate from other criminal records, and after two years, the person is considered to have never been convicted of that offence.
Issues
Security and Defense
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Crime
Bill C-5 aims to change how the justice system deals with certain crimes. It removes some mandatory minimum penalties, which means judges will have more choice in sentencing. It also makes it easier to give conditional sentences, where someone can serve their sentence in the community instead of jail. The bill tells police to consider giving warnings or referring people to treatment programs instead of charging them for simple drug possession. Prosecutors should only pursue charges if warnings or referrals aren't appropriate.
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Gun Control
Bill C-5 changes parts of the Criminal Code that deal with some gun crimes. It removes mandatory minimum penalties for certain firearm offenses. This gives judges more freedom when deciding on a sentence.