The Act that began as Bill C-5 is S.C. 2022, c. 15, assented to on 17 November 2022. Its summary says it amends 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” (Justice Laws, S.C. 2022, c. 15).
The Department of Justice backgrounder says the bill repealed mandatory minimum penalties for all drug offences and aimed to promote non-criminal approaches to drug possession (Department of Justice, backgrounder). In the Controlled Drugs and Substances Act, it added a declaration of principles in section 10.1, including that problematic substance use should be addressed primarily as a health and social issue (Justice Laws, CDSA).
Section 10.2 tells police to consider no further action, a warning or a referral instead of charging simple possession, and section 10.3 lets prosecution proceed only if a warning, referral or alternative measures are not appropriate (Justice Laws, CDSA). Possession remains an offence. Not legal advice.
General information, not legal advice.
Sources
- Justice Laws: S.C. 2022, c. 15
- Department of Justice: Bill C-5 legislative backgrounder
- Justice Laws: Controlled Drugs and Substances Act
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