An Act to amend the Criminal Code and the Controlled Drugs and Substances Act
An Act to amend the Criminal Code and the Controlled Drugs and Substances Act. Royal assent November 17, 2022 (S.C. 2022, c. 15). Repeals mandatory minimum penalties for 14 Criminal Code offences (most firearms and tobacco-related) and for all Controlled Drugs and Substances Act offences (drug-trafficking). The Criminal Code mandatory minimums had been Charter-struck in cases like R. v. Nur (2015) and R. v. Lloyd (2016); the CDSA minimums had likewise been ruled disproportionate in multiple lower-court decisions. The bill also expands conditional sentences (allowing house arrest instead of jail for certain non-violent offences). Critics from victims-rights groups argued it weakens deterrence; supporters from defence-bar and Indigenous-justice advocates pointed to the disproportionate impact of MMPs on Indigenous offenders. Sponsored by David Lametti as Minister of Justice.
Status
Quick learn
Eliminates mandatory minimum jail time for many non-violent drug and firearm offences. Gives judges back the discretion to use conditional sentences (like house arrest) for lower-risk offences. Aimed at the documented Indigenous and Black overrepresentation in federal prisons.
Issues this bill touches
- Crime & Public Safety
Criminal Code + CDSA mandatory-minimum reform.
Legislative history
- First reading
First reading in the House of Commons.
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Second reading in the House of Commons.
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Third reading in the House of Commons.
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First reading in the Senate.
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Second reading in the Senate.
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Third reading in the Senate.
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Royal assent received.
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