The Government of Canada is committed to ensuring the criminal justice system keeps all Canadians,
their families, and communities safe. 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.

Today, the Honourable David Lametti, Minister of Justice and Attorney General of Canada, introduced
proposed amendments to the Criminal Code and to the Controlled Drugs and Substances Act. 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. 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 judges 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.

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

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 atrisk youth, provide alternatives to criminal charges where appropriate, and help address inequitiesfaced 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.