We call upon the federal government to amend the Criminal Code to allow trial judges, upon giving reasons, to depart from mandatory minimum sentences and restrictions on the use of conditional sentences.
Why “IN PROGRESS”?
Nov. 17, 2022: Bill C-5 received Royal Assent. 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.
There has been criticism levelled that the reforms do not go far enough.
June 15, 2022: Bill C-5 “An Act to amend the Criminal Code and the Controlled Drugs and Substances Act” introduced on Dec. 7, 2021 is adopted by the House
Bill C-22 “An Act to amend the Criminal Code and the Controlled Drugs and Substances Act died on August 15, 2021 with the dissolution of parliament due to the federal election. The Bill, re-introduced Feb. 18, 2021 would have repealed mandatory minimum penalties for all drug offences and some firearm offences, expand the use of conditional sentences, such as house arrest, for a variety of criminal offenses; and encourage police and prosecutors to keep drug possession cases out of the courts (Toronto Star, Feb. 19, 2021).
The January 2021 mandate letter to the Minister of Justice and Attorney-General of Canada David Lametti states as a priority to “introduce legislation and make investments that take action to address systemic inequities in the criminal justice system, including to promote enhanced use of pre- and post-charge diversion and to better enable courts to impose sentences appropriate to the circumstances of individual cases.
Significant deletion on 2019 Federal Government website
Deleted reference to “comprehensive approach that includes legislative, program and policy measures” and refers instead to the ongoing government review of the criminal justice system.
Current Status
In Progress
Call to Action
last updated
January 19, 2023
Latest Updates
Bill C-5
Bill C-5: An Act to amend the Criminal Code and the Controlled Drugs and Substances Act
Bill C-5: General Questions Q 1 What are the reforms being proposed in this Bill?Q 2 What are the objectives of the Bill?Q 3 What steps has……
January 19, 2023
Bill C-5
Critics say Ottawa’s changes to mandatory minimum sentences don’t go far enough
https://player.vimeo.com/video/773563379?h=56caff5757&badge=0&autopause=0&player_id=0&app_id=58479/embed A Canadian senator says she is disappointed in new legislation from the Trudeau government that eliminates mandatory minimum sentences for some offences but leaves……
November 22, 2022
Bill C-5
Statement by Minister Lametti on Royal Assent of legislation that addresses systemic racism and discrimination in the criminal justice system
Department of Justice Canada: The Honourable David Lametti, Minister of Justice and Attorney General of Canada, today issued the following statement: “Bill C-5 received Royal……
November 18, 2022
Legislative Progress of Bill C-22
Legislative Progress of Bill C-22 and its predecessor Bill S-251
Legislative Progress of Bill C-22 The Bill introduced for First Reading on Feb. 18, 2021 in the House of Commons proposes the following specific reforms:……
June 21, 2019
CBA Response
Canadian Bar Association
Responding to the TRC Calls to Action March 2016 The CBA opposes mandatory minimum sentences and believes removing judicial discretion to design sentences tailored to……
March, 2016