Bill C-22 is back! (And now it's called Bill C-5)

Zac Kurylyk in Guns, Politics on December 9, 2021

Remember last winter, when the Liberal government said it was going to lay a smackdown on firearms crime with Bill C-21, and then introduced the soft-on-crime Bill C-22 just a couple of days later? Although Bill C-22 died thanks to the fall's federal election, the Liberals are determined to make this legislation happen, and have re-introduced the plan. Now, it's called Bill C-5.

No mandatory minimums

The key to Bill C-22, and now Bill C-5, is a focus on eliminating mandatory minimum sentencing for a list of crimes. Some of these include drug-related offences, which is no surprise. Activists have been proposing such changes for many years. Currently, Canada's Criminal Code has 67 offences carrying minimum mandatory penalties. Bill C-5 would remove mandatory minimums from 14 of those offences.

At first, it looks like this is simply a move to further decriminalize illegal drug use. When the Liberals introduced Bill C-22 last winter, the official line was "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."

However, digging deeper into C-22 and now C-5, we also see mandatory minimum sentences removed for several other crimes. As per the Department of Justice:

To address the overincarceration rate of Indigenous peoples, as well as Black and marginalized Canadians, MMPs for the following offences would be repealed:

Using a firearm or imitation firearm in commission of offence (two separate offences)
- Paragraphs 85(3)(a) and (b): MMPs of 1 year (first offence) and 3 years (second and subsequent offence)
Possession of firearm or weapon knowing its possession is unauthorized (two separate offences)
- Paragraphs 92(3)(b) and (c): MMP of 1 year (second offence) and 2 years less a day (third and subsequent offence)
Possession of prohibited or restricted firearm with ammunition
- Paragraphs 95(2)(i) and (ii): MMPs of 3 years (first offence) and 5 years (second and subsequent offence)
Possession of weapon obtained by commission of offence
- Paragraph 96(2)(a): MMP of 1 year
Weapons trafficking (excluding firearms and ammunition)
- Subsection 99(3): MMP of 1 year
Possession for purpose of weapons trafficking (excluding firearms and ammunition)
- Subsection 100(3): MMP of 1 year
Importing or exporting knowing it is unauthorized
- Subsection 103(2.1): MMP of 1 year
Discharging firearm with intent
- Paragraph 244(2)(b): MMP of 4 years
Discharging firearm — recklessness
- Paragraph 244.2(3)(b): MMP of 4 years
Robbery with a firearm
- Paragraph 344(1)(a.1): MMP of 4 years
Extortion with a firearm
- Paragraph 346(1.1)(a.1): MMP of 4 years

So, while it seems the federal government retains mandatory minimum penalties for illegal firearms trafficking, the Department of Justice is stripping away many other mandatory minimum penalties for firearms crime, saying this move is needed due to racial inequality. See more information here.

Reactions

Reaction to the proposed legislation is about what you'd expect; CBC quotes Conservative justice critic Rob Moore as saying the new laws would be too soft on gun crime, while the NDP's Randall Garrison says Bill C-5 is good, but that drug usage is still unfairly punished by the justice system. The Toronto Star quotes a University of Toronto professor as saying the bill is a missed opportunity to help vulnerable populations. Over at the Toronto Sun, columnist Brian Lilley explains C-5's changes to firearms-related sentencing.