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Bill C-5

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First Session, Forty-fourth Parliament,

70-71 Elizabeth II – 1 Charles III, 2021-2022
STATUTES OF CANADA 2022

CHAPTER 15
An Act to amend the Criminal Code and the Controlled Drugs and Substances Act
ASSENTED TO
November 17, 2022

BILL C-5


SUMMARY

This enactment amends the Criminal Code and the Controlled Drugs and Substances Act to, among other things, repeal certain mandatory minimum penalties, allow for a greater use of conditional sentences and establish diversion measures for simple drug possession offences.

Available on the House of Commons website at the following address:
www.ourcommons.ca


70-71 Elizabeth II – 1 Charles III

CHAPTER 15

An Act to amend the Criminal Code and the Controlled Drugs and Substances Act
[Assented to 17th November, 2022]

His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.‍S.‍, c. C-46

Criminal Code

2008, c. 6, s. 2

1 The portion of subsection 84(5) of the Criminal Code before paragraph (a) is replaced by the following:

Subsequent offences

(5) In determining, for the purpose of subsection 99(2), 100(2) or 103(2), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

1995, c. 39, s. 139; 2008, c. 6, s. 3(2)

2 Subsection 85(3) of the Act is replaced by the following:

Punishment

(3) Every person who commits an offence under subsection (1) or (2) is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.

1995, c. 39, s. 139

3 Subsection 92(3) of the Act is replaced by the following:

Punishment

(3) Every person who commits an offence under subsection (1) or (2) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.

2008, c. 6, s. 8(2)

4 Paragraph 95(2)‍(a) of the Act is replaced by the following:

  • (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or

1995, c. 39, s. 139

5 Paragraph 96(2)‍(a) of the Act is replaced by the following:

  • (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or

2008, c. 6, s. 10

6 Subsection 99(3) of the Act is replaced by the following:

Punishment — other cases

(3) In any other case, a person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.

2008, c. 6, s. 11

7 Subsection 100(3) of the Act is replaced by the following:

Punishment — other cases

(3) In any other case, a person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.

2008, c. 6, s. 12

8 Subsection 103(2.‍1) of the Act is replaced by the following:

Punishment — other cases

(2.‍1) In any other case, a person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.

2014, c. 23, s. 3; 2019, c. 25, s. 34(F)

9 (1) Paragraph 121.‍1(4)‍(a) of the Act is replaced by the following:

  • (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than five years; or

2014, c. 23, s. 3

(2) Subsection 121.‍1(5) of the Act is repealed.

2008, c. 6, s. 17

10 Paragraph 244(2)‍(b) of the Act is replaced by the following:

  • (b) in any other case, to imprisonment for a term of not more than 14 years.

2009, c. 22, s. 8

11 Paragraph 244.‍2(3)‍(b) of the Act is replaced by the following:

  • (b) in any other case, is liable to imprisonment for a term of not more than 14 years.

2008, c. 6, s. 32(1)

12 Paragraph 344(1)‍(a.‍1) of the Act is repealed.

2008, c. 6, s. 33(1)

13 Paragraph 346(1.‍1)‍(a.‍1) of the Act is repealed.

2012, c. 1, s. 34

14 (1) Paragraph 742.‍1(c) of the Act is replaced by the following:

  • (c) the offence is not an offence under any of the following provisions:

    • (i) section 239, for which a sentence is imposed under paragraph 239(1)‍(b) (attempt to commit murder),

    • (ii) section 269.‍1 (torture), or

    • (iii) section 318 (advocating genocide); and

2012, c. 1, s. 34

(2) Paragraphs 742.‍1(e) and (f) of the Act are repealed.

1996, c. 19

Controlled Drugs and Substances Act

2012, c. 1, s. 39(1); 2017, c. 7, s. 3(2)‍(F); 2018, c. 16, s. 196(1)

15 Paragraph 5(3)‍(a) of the Controlled Drugs and Substances Act is replaced by the following:

  • (a) if the subject matter of the offence is a substance included in Schedule I or II, is guilty of an indictable offence and liable to imprisonment for life;

2012, c. 1, s. 40

16 Paragraphs 6(3)‍(a) and (a.‍1) of the Act are replaced by the following:

  • (a) if the subject matter of the offence is a substance included in Schedule I or II, is guilty of an indictable offence and liable to imprisonment for life;

2012, c. 1, s. 41(1); 2018, c. 16, s. 197(1)

17 (1) Paragraphs 7(2)‍(a) and (a.‍1) of the Act are replaced by the following:

  • (a) if the subject matter of the offence is a substance included in Schedule I or II, is guilty of an indictable offence and liable to imprisonment for life;

2012, c. 1, s. 41(2); 2018, c. 16, s. 197(3)

(2) Subsection 7(3) of the Act is repealed.

2012, c. 1, s. 42

18 Section 8 of the Act and the heading before it are repealed.

2017, c. 7, s. 7(1)‍(F)

19 (1) The portion of subsection 10(2) of the Act before paragraph (a) is replaced by the following:

Factors to take into consideration
(2) If a person is convicted of a designated substance offence, the court imposing sentence on the person shall consider any relevant aggravating factors including that the person

2012, c. 1, s. 43(2)

(2) Subsection 10(5) of the Act is repealed.

20 The Act is amended by adding the following after section 10:

PART I.‍1 
Evidence-based Diversion Measures

Principles
Declaration of principles
10.‍1 The following principles apply in this Part:

  • (a) problematic substance use should be addressed primarily as a health and social issue;

  • (b) interventions should be founded on evidence-based best practices and should aim to protect the health, dignity and human rights of individuals who use drugs and to reduce harm to those individuals, their families and their communities;

  • (c) criminal sanctions imposed in respect of the possession of drugs for personal use can increase the stigma associated with drug use and are not consistent with established public health evidence;

  • (d) interventions should address the root causes of problematic substance use, including by encouraging measures such as education, treatment, aftercare, rehabilitation and social reintegration; and

  • (e) judicial resources are more appropriately used in relation to offences that pose a risk to public safety.

Warnings and Referrals
Warnings and referrals
10.‍2 (1) A peace officer shall, instead of laying an information against an individual alleged to have committed an offence under subsection 4(1), consider whether it would be preferable, having regard to the principles set out in section 10.‍1, to take no further action, to warn the individual or, with the consent of the individual, to refer the individual to a program or to an agency or other service provider in the community that may assist the individual.
Subsequent charges not invalidated
(2) The failure of a peace officer to consider the options set out in subsection (1) does not invalidate any subsequent charges laid against the individual for the offence.
Prosecution — limits
10.‍3 A prosecution may be commenced or continued against an individual alleged to have committed an offence under subsection 4(1) only if, having regard to the principles set out in section 10.‍1, the prosecutor is of the opinion that the use of a warning or referral under section 10.‍2, or of alternative measures as defined in section 716 of the Criminal Code, is not appropriate, and a prosecution is appropriate in the circumstances.
Record of warning or referral
10.‍4 (1) The police force to which a peace officer referred to in section 10.‍2 belongs shall keep a record of any warning given or referral made under subsection 10.‍2(1), including the identity of the individual warned or referred.
Access to information
(2) Any information contained in the record kept pursuant to subsection (1) may be made available to:

  • (a) any judge or court for any purpose relating to proceedings with respect to the offence to which the record relates;

  • (b) any peace officer for any purpose related to the administration of the case to which the record relates; or

  • (c) any member of a department or agency of a government in Canada, or any agent of that department or agency, that is

    • (i) engaged in the administration of alternative measures, within the meaning of section 716 of the Criminal Code, in respect of that person, or

    • (ii) preparing a report for the purpose of informing proceedings with respect to the offence to which the record relates.

Access to information — alternative measures
(3) Information contained in the record, other than the identity of the person, may be made available to any member of a department or agency of a government in Canada, or any agent of the department or agency, that is engaged in assessing and monitoring the use of alternative measures and assessing their effectiveness, including for research or statistical purposes.
Evidence of warning or referral not admissible
10.‍5 Evidence that an individual has received a warning or referral mentioned in subsection 10.‍2(1), evidence that a peace officer has taken no further action in respect of an offence under subsection 4(1) and evidence of the offence are inadmissible for the purpose of proving prior offending behaviour in any proceedings before a court in respect of the individual.
Conservation of record — conviction
10.‍6 (1) Any record of a conviction that occurs before the day on which this section comes into force in respect of an offence under subsection 4(1) must be kept separate and apart from other records of convictions within two years after that day.
Conservation of record — deeming
(2) A conviction that occurs after this section comes into force in respect of an offence under subsection 4(1) is kept separate and apart from other records of convictions two years after the conviction or two years after the expiry of any sentence imposed for the offence, whichever is later, and the person convicted of the offence is deemed never to have been convicted of that offence.
Regulations
(3) The Governor in Council may make regulations respecting the use, removal or destruction of records kept separate and apart referred to in subsections (1) and (2).
Exception for Service Providers
Exception
10.‍7 No social worker, medical professional or other service provider in the community commits an offence under subsection 4(1) if, in the course of their duties, they come into possession of a substance included in Schedule I, II or III and they intend to, within a reasonable period, lawfully dispose of it.

Review

Review by committee

21 On the fourth anniversary of the day on which this Act comes into force, a comprehensive review of the provisions and operation of the Act is to be undertaken by the standing committee of each House that normally considers matters relating to justice.

Published under authority of the Speaker of the House of Commons

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