5.5 Recent Canadian Drug Policy Bills

Recent Proposed Bills for Policy Change

• Bill C-236, an Act to amend the Controlled Drugs and Substances Act (evidence-based diversion measures) (2020), would amend the CDSA to “require peace officers to consider measures other than judicial proceedings to deal with individuals alleged to have been in possession of certain substances. It also sets out principles to be taken into account in the determination of the most appropriate measures to take” (Canada, 2021).
• Bill C-22, an Act to amend the Criminal Code and the Controlled Drug and Substances (2021), is an attempt to fulfill the Government of Canada’s commitment to address systemic inequities, including the overrepresentation of Indigenous peoples, Black, and marginalized Canadians, in the criminal justice system (Canada, 2021).
• Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act (2021), is an attempt to fulfill the Government of Canada’s commitment to address systemic inequities, and systemic racism and discrimination in the Canadian criminal justice system (CJS). This Bill would amend the Criminal Code and the Controlled Drugs and Substances Act “to repeal certain mandatory minimum penalties, allow for a greater use of conditional sentences and establish diversion measures for simple drug possession offences” (Bill C-5, 2022).

Neither of the first two Bills moved forward beyond an initial reading in the House of Commons (February 7, 2022 for Bill C-236 and February 18, 2021 for Bill C-22). Although Bill C-5 received royal accent on November 17, 2022, many critics express concern that its stated objectives will not be realized.