Justice Minister David Lametti introduced proposed amendments to the Criminal Code and to the Controlled Drugs and Substances Act on Thursday. These proposed changes would reform sentencing measures for certain offences, including by repealing some of the mandatory minimum penalties of imprisonment (MMPs) that contribute to higher rates of imprisonment and disproportionately affect Indigenous peoples and Black Canadians. 

By PD Raj – Senior Writer DESIBUZZCanada

OTTAWA - The Justin Trudeau government is bringing in measures to fight systemic racism and fixing the criminal justice system in Canada to better serve racialized communities.

“Canada is committed to ensuring the criminal justice system keeps all Canadians, their families, and communities safe,” the government said in a press release Thursday.

“Recent events have further highlighted the systemic discrimination and disproportionate representation of Indigenous peoples, as well as Black Canadians and members of marginalized communities as offenders and victims in the criminal justice system. Taking steps to address this reality is critical to building a fairer, more effective justice system that keeps us all safe while ensuring serious criminals still face serious punishment.”

Justice Minister David Lametti introduced proposed amendments to the Criminal Code and to the Controlled Drugs and Substances Act on Thursday. These proposed changes would reform sentencing measures for certain offences, including by repealing some of the mandatory minimum penalties of imprisonment (MMPs) that contribute to higher rates of imprisonment and disproportionately affect Indigenous peoples and Black Canadians. 

“The reforms we are introducing are critical to addressing systemic racism and discrimination in the justice system while keeping Canadians safe. We are turning the page on failed approaches which have disproportionately hurt Indigenous peoples, Black Canadians and marginalized communities. They have also left our communities less safe and created a justice system that is less fair for all Canadians. Taken together with other efforts across government, this suite of measures represents an important step forward in the fight to root out systemic racism and ensure a more effective justice system for all,” said Lametti.

Together with Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms), which proposes to increase maximum penalties for certain firearms offences related to gun smuggling and trafficking, this will ensure the courts are better equipped to impose appropriate sentences that keep communities safe. The legislation also increases the availability of conditional sentence orders (CSOs) where appropriate, and encourages greater use of diversion programs.

“Our Government is committed to addressing systemic racism in all aspects of society, and that includes the criminal justice system. It is unacceptable that Indigenous Peoples, Black Canadians, and underserved communities continue to be overrepresented as offenders and victims in the criminal justice system. The steps announced today will ensure a fairer justice system. As we stand together against all forms of discrimination and racism, we can build a consciously more inclusive Canada,” said Bardish Chagger, Minister of Diversity and Inclusion and Youth.

In keeping with the Government’s public-health centred approach to addiction and the opioid epidemic that has affected families and communities across the country, this Bill proposes specific amendments to the Controlled Drugs and Substances Act. These changes would require police and prosecutors to consider alternatives, including diverting individuals to treatment programs, instead of laying charges or prosecuting individuals for simple drug possession.

The Bill proposes the following specific reforms:

• Repeal MMPs for certain offences to address the disproportionate impact on Indigenous and Black offenders, as well as those struggling with substance use and addiction. This would restore the ability of a judge to impose appropriate sentences that respond to the facts of the case before them, including the individual’s experience with systemic racism and the risk they pose to public safety. This moves away from the one-size-fits-all approach, which has not deterred crime but has resulted in unfair outcomes and a less effective criminal justice system, as well as longer and more complex trials.  
• Allow for greater use of CSOs in cases where an offender faces a term of less than two years imprisonment and does not pose a threat to public safety. Under these circumstances, judges would have the option to order that the term be served in the community under strict conditions, including house arrest, curfew, and mandatory counselling or treatment for substance abuse. This change would allow for more effective rehabilitation and reintegration by enabling individuals to maintain their employment, or continue caring for children or family members in need. This approach has been proven to reduce recidivism.
• Require police and prosecutors to consider other measures for simple possession of drugs such as diversion to addiction treatment programs, rather than laying charges or prosecuting individuals for simple possession of an illegal drug. The proposed amendments to the Controlled Drugs and Substances Act reinforce the Government’s commitment to treat substance use a health issue, and address the opioid crisis. It also aligns with calls heard from many in the law enforcement community and local leaders across the country.

The government said these legislative measures complement a number of new investments included in the recent Fall Economic Statement. This includes funding for community organizations and programs that support at-risk youth, provide alternatives to criminal charges where appropriate, and help address inequities faced by Indigenous peoples, Black Canadians and other racialized individuals in the justice system.  These investments will notably support Community Justice Centres, Gladue reporting and Impact of Race and Culture Assessments.

This package of reforms represents one part of the Government’s broader efforts to root out systemic racism throughout Canadian society and foster a safer and fairer future for all Canadians.