Canadian government says rooting out systemic racism is key to a fair and effective justice system

New Bill proposes amendments to the Criminal Code and to the Controlled Drugs and Substances Act

OTTAWA, ON, Dec. 7, 2021 /CNW/ – Today, the Honourable David Lametti, Minister of Justice and Attorney General of Canada, introduced Bill C-5, which proposes amendments to the Criminal Code and to the Controlled Drugs and Substances Act (CDSA). The federal government in a news release, says “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, in particular, Indigenous peoples and Black Canadians. This would ensure judges are better equipped to impose appropriate sentences.

The legislation also increases the availability of conditional sentence orders (CSOs) where appropriate, and encourages greater use of diversion programs.

The Government of Canada says this country’s “justice system must keep all Canadians, their families, and communities safe while promoting fairness. Recent events have further demonstrated that systemic racism in the criminal justice system has resulted in the overincarceration of Indigenous peoples, Black Canadians and members of marginalized communities. The Government of Canada is committed to addressing this issue.”

“Serious criminals deserve to be seriously punished and kept away from our communities. But too many lower-risk and first-time offenders, including a disproportionate number of Indigenous peoples and Black Canadians, are being sent to prison because of laws that do not deter crime or help keep our communities safe. Along with other efforts across government, these reforms represent an important step forward in the fight to root out systemic racism and ensure a more effective justice system for all.”

The Honourable David Lametti, P.C., Q.C., M.P.
Minister of Justice and Attorney General of Canada

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 CDSA. 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 rigid 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 use. 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 re-offending.
• Require police and prosecutors to consider other measures 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 CDSA reinforce the Government’s commitment to treat substance use as 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.

This proposed legislation represents 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.

These measures complement a number of new investments, including in Budget 2021 and the 2020 Fall Economic Statement. This includes funding to support engagement with Indigenous communities and organizations on the development of legislation and initiatives that address systemic barriers in the criminal justice system, including collaboration on an Indigenous Justice Strategy. The Government is also funding 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. The Government has also committed to developing a Black Canadians Justice Strategy.

SOURCE Government of Canada

lead photo Photo by Tim Hüfner on Unsplash

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