Summary#

Bill C-5 changes parts of the Criminal Code and the Controlled Drugs and Substances Act. It removes several mandatory minimum penalties, lets judges use more conditional sentences (serving time in the community), and directs police and prosecutors to use health‑focused diversion for simple drug possession. It also creates rules to keep simple possession conviction records separate and, after a period, treated as if they never happened.

• Removes mandatory minimum penalties for several firearm and drug offences; maximum sentences stay in place (e.g., up to 14 years or life) (Criminal Code ss. 85, 92, 95, 96, 99, 100, 103, 244, 244.2, 344, 346; CDSA ss. 5, 6, 7).
• Expands eligibility for conditional sentences; judges still cannot use them for attempt to murder, torture, or advocating genocide (Criminal Code s.742.1).
• Requires police to consider warnings or referrals to health and social services for simple possession; prosecutors may proceed only if diversion is not appropriate (CDSA Part I.1, ss.10.1–10.3).
• Simple possession conviction records must be kept “separate and apart”; after two years, people are deemed never convicted of that offence (CDSA s.10.6).
• Allows service providers (e.g., social workers, medical staff) to handle controlled substances found in their work for disposal without being charged (CDSA s.10.7).
• Mandates a parliamentary review four years after the Act takes effect (Review clause).

What it means for you#

• Households

  • If you or a family member face simple possession charges, police must consider a warning or referral to services instead of charges; prosecutors should only prosecute if diversion is not appropriate (CDSA ss.10.2–10.3).
  • Past and future simple possession convictions will be kept separate; after two years, a person is deemed never convicted of that offence, which may reduce collateral impacts of a record (CDSA s.10.6).

• People who use drugs

  • You may be warned or referred to community programs instead of being charged for simple possession, with your consent for referrals (CDSA s.10.2).
  • Evidence that you received a warning or referral cannot be used in court to show prior offending behavior (CDSA s.10.5).

• Workers (service providers)

  • Social workers, medical professionals, and similar providers are not guilty of simple possession if they come into possession of drugs in their duties and intend to lawfully dispose of them within a reasonable time (CDSA s.10.7).

• Defendants in firearm or drug cases

  • Judges are no longer bound by certain mandatory minimum penalties; they can set sentences anywhere up to the existing maximums (e.g., up to 10, 14, or life, depending on the offence) (Criminal Code ss. 85, 92, 95, 96, 99, 100, 103, 244, 244.2; CDSA ss. 5–7).
  • More people will be eligible for conditional sentences served in the community under strict conditions, though not for attempt to murder, torture, or advocating genocide (Criminal Code s.742.1).

• Police and prosecutors

  • Police must consider taking no action, warning, or referring individuals for simple possession before laying charges and must keep a record of warnings or referrals (CDSA ss.10.2, 10.4).
  • Prosecutors should only proceed with simple possession charges if diversion is not suitable, based on the Act’s health‑based principles (CDSA ss.10.1, 10.3).

• Courts and researchers

  • Courts, police, and certain government officials can access records of warnings/referrals for case administration; researchers can access de‑identified information to assess alternative measures (CDSA s.10.4).

Expenses#

Estimated net cost: Data unavailable.

• The bill includes no direct appropriations or fees.
• Possible impacts on costs or savings (e.g., incarceration vs. community supervision, diversion program capacity) are not quantified in the bill or an official fiscal note. Data unavailable.

Proponents' View#

• Judicial discretion improves fairness by allowing sentences that fit the offence and the person, rather than fixed minimums (Criminal Code penalty changes; CDSA ss.5–7).
• Conditional sentences let suitable offenders serve time under strict conditions in the community, which proponents say can support rehabilitation while keeping maximum penalties for serious crimes (Criminal Code s.742.1). Data unavailable on outcomes.
• Diversion for simple possession follows health‑based principles set in the Act and aims to reduce harm and stigma from criminal sanctions (CDSA s.10.1).
• Records for simple possession being kept separate and later deemed not convictions can reduce long‑term barriers tied to criminal records, such as employment or housing screenings (CDSA s.10.6). Data unavailable on scale.
• Serious offences still carry high maximums (e.g., up to 14 years for several firearm offences and life for certain drug offences), so courts can impose strong penalties when needed (Criminal Code ss. 85, 244, 244.2; CDSA ss.5–7).

Opponents' View#

• Removing mandatory minimums may lead to lighter sentences for gun and drug crimes and reduce deterrence, depending on judicial decisions (Criminal Code ss. 85, 95, 244, 244.2; CDSA ss.5–7). Data unavailable on deterrent effects.
• Expanding conditional sentences could place higher‑risk individuals back in the community, raising supervision and enforcement demands on probation services (Criminal Code s.742.1). Data unavailable on capacity.
• Diversion relies on police and prosecutor judgment; application may vary by region, creating uneven outcomes (CDSA ss.10.2–10.3).
• Keeping warning/referral records while deeming some convictions to have “never” occurred may create confusion about what information is accessible to whom, and when (CDSA ss.10.4–10.6).
• The Act encourages referrals to health and social services but does not fund them, which may strain existing programs if referrals increase (CDSA s.10.1). Data unavailable on program capacity.