http://parl.gc.ca/40/2/parlbus/chambus/s...rl=40&Ses=2Controlled Drugs and Substances Act
Bill to Amend—Second Reading—Debate Continued
On the Order:
Resuming debate on the motion of the Honourable Senator Wallace,
seconded by the Honourable Senator Duffy, for the second reading of
Bill C-15, An Act to amend the Controlled Drugs and Substances Act and
to make related and consequential amendments to other Acts.
Hon. Consiglio Di Nino: Honourable senators, I am pleased to rise
today to speak briefly in favour of Bill C-15.
Hon. Claudette Tardif (Deputy Leader of the Opposition): Honourable
senators, I want to reserve 45 minutes for the critic on our side. We
have no objection to Senator Di Nino speaking as long as the time is
reserved.
Senator Di Nino: I believe it is essential to refer to the Standing
Senate Committee on Legal and Constitutional Affairs Bill C-15, An Act
to amend the Controlled Drugs and Substances Act and to make related
consequential amendments to other Acts. The bill proposes amendments
to strengthen the Controlled Drugs and Substances Act provisions
regarding penalties for serious drug offences by ensuring that these
types of offences are punished by the imposition of mandatory minimum
penalties. I believe these amendments will contribute to improving the
safety and security of communities across Canada.
Honourable senators, the courts have made it abundantly clear that
unless Parliament takes action, as proposed in this bill, to set a
mandatory term of imprisonment, conditional sentences will continue to
be available for the most serious offences, provided that the other
prerequisites to the availability of a conditional sentence in the
Criminal Code are satisfied. As an example, conditional sentences are
not available if the sentence imposed is more than two years
imprisonment.
In 2001, the Alberta Court of Appeal in the case of R. v. Rahime
considered six conditional sentences that had been imposed on persons
involved in selling cocaine. The good news is that the court set three
years as a starting point for trafficking in more than minimal amounts
of cocaine. The bad news is that the court upheld conditional
sentences for all six offenders. The court stated that the settled
principles of sentencing, "preclude appellate imposition of general
sentencing rules which could have the effect of mandating a sentence
of two years or greater for commercial trafficking in cocaine and
barring that class of offence from the purview of the conditional
sentences regime." Since that time, conditional sentences for
trafficking in the most dangerous drugs have become routine.
Let no one doubt that the availability of conditional sentences does
not undermine deterrence. In the recent Alberta case of R. v. Bibby,
the court imposed a conditional sentence on a person who had
trafficked on three occasions in ecstasy and once in cocaine.
Ironically, the trial judge, as one the reasons not to impose a
sentence of incarceration stated, "the accused Bibby is afraid of
going to jail and will do anything to avoid it." Apparently, Mr. Bibby
was prepared to traffic in drugs because he was certain he would not
go to jail if caught.
Honourable senators, we must make it clear that the intention of
Parliament is that all persons who engage in the drug trade for profit
should go to jail, subject to the limited exceptions, as provided for
in Bill C-15, of those who are involved in the trade only to finance
their own addictions.
Honourable senators, the new penalties will not apply to possession
offences or to offences involving all types of drugs. The mandatory
minimum penalties apply only to Schedule I — cocaine, heroin, meth —
and to Schedule II — cannabis. Other drugs, like steroids and
barbiturates, are listed in Schedules III to VI.
Moreover, the minimum penalties apply only where there are certain
aggravating factors. I will not go through all the provisions but for
the most dangerous drugs, such as cocaine, heroin and methamphetamine,
the aggravating factors are: the offence is committed for the benefit
of, at the direction of, or in association with organized crime; the
offence involved violence or threat of violence or weapons or threat
of the use of weapons; or the offence is committed by someone who was
convicted in the previous 10 years of a designated drug offence. If
the offence occurs in the presence of youth, or if youth are present,
or the offence occurs in a prison, the minimum is increased to two
years. Surely, honourable senators will agree that this is an
appropriate minimum sentence for such conduct. I urge honourable
senators to give Bill C-15 second reading so that the important
measures it contains can become law quickly.
Honourable senators, Canadians, in particular our youth, need and
deserve the protection that the provisions of this bill will provide.
Let us do our part and send this bill to committee now.
Some Hon. Senators: Question!
Senator Tardif: I move the adjournment of the debate.
The Hon. the Speaker: Is it your pleasure to adopt the motion?
Some Hon. Senators: No.
The Hon. the Speaker: I will put the question formally.
It was moved by the Honourable Senator Tardif, seconded by the
Honourable Senator Fraser, that debate be adjourned to the next
sitting of the Senate.
Is it your pleasure, honourable senators, to adopt the motion?Some Hon. Senators: Yes.
Some Hon. Senators: No.
The Hon. the Speaker: Will all those in favour will please say "yea"?
Some Hon. Senators: Yea.
The Hon. the Speaker: Will all those opposed will please say "nay"?
Some Hon. Senators: Nay.
The Hon. the Speaker: In my opinion, the "yeas" have it.
And two honourable senators having risen:
The Hon. the Speaker: There will be a one-hour bell unless it is
agreed otherwise.
Hon. Joan Fraser: Thirty minutes.
The Hon. the Speaker: Honourable senators, the vote will take place at
8:20 p.m. Call in the senators.
(2020)
Motion agreed to on the following division:
YEAS
THE HONOURABLE SENATORS
Bacon Hubley
Callbeck Jaffer
Campbell Joyal
Carstairs Losier-Cool
Chaput Lovelace Nicholas
Cook Massicotte
Cordy Mercer
Cowan Milne
Dawson Moore
Day Munson
Downe Pépin
Dyck Peterson
Eggleton Poulin
Fairbairn Poy
Fox Ringuette
Fraser Robichaud
Furey Tardif
Grafstein Watt
Hervieux-Payette Zimmer—38
NAYS
THE HONOURABLE SENATORS
Andreychuk Lang
Atkins LeBreton
Brazeau MacDonald
Brown Manning
Champagne Martin
Cochrane Meighen
Comeau Mockler
Di Nino Nancy Ruth
Dickson Neufeld
Eaton Oliver
Eyton Rivard
Fortin-Duplessis Segal
Gerstein St. Germain
Greene Stratton
Housakos Tkachuk
Johnson Wallace—33
Keon
ABSTENTIONS
THE HONOURABLE SENATORS
Nil
Previous Topic
Index
