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By rdnewsNOW Staff

FEDS RESPOND

Alberta calls on federal government to revive mandatory minimums for certain drug offences

Feb 12, 2025 | 10:44 AM

Premier Danielle Smith and Mickey Amery, Minister of Justice and Attorney General, are calling on the federal government to repeal Bill C-5 in its entirety and reintroduce mandatory minimum jail sentences for Controlled Drugs and Substances Act (CDSA) offences.

Additionally, they ask the Government of Canada to rescind guidelines prepared by the Public Prosecution Service of Canada (PPSC), which they say directs federal prosecutors to pursue alternative measures in drug cases and leave criminal prosecutions for the most serious cases.

If the federal government does not promptly take on these actions, Premier Smith and Minister Amery have asked for federal funding to enable Alberta to permanently take over all CDSA prosecutions.

“For years, Alberta’s government has urged the federal government to reverse their soft-on-crime policies which have allowed illegal drugs to flood our streets and for repeat offenders to prey on our most vulnerable,” says Smith. “The federal government must act now and put an end to their insane policies. And if they refuse to, then they must allow the Province of Alberta to take over all prosecutions under the Controlled Drugs and Substances Act. Let there be no mistake, Alberta’s government will find these dangerous criminals, prosecute them and keep them in jail where they belong.”

The province says that when the federal government passed Bill C-5, they created potential harm by:

• Eliminating all mandatory minimum sentences of imprisonment for CDSA offences;
• Eliminating many mandatory minimum sentences for serious weapons and substance-related offences under the Criminal Code of Canada;
• Removing limitations placed on the use of conditional sentences;
• Forcing both police and prosecutors to first consider referring people to treatment and support programs rather than charging or prosecuting drug possession offences; and
• Continuing to emphasize an approach to drug possession that fails to address the death, disorder and victimization caused by the drug-crime nexus, by focusing narrowly on diversionary measures.

Smith and Amery say that under Bill C-5, law enforcement has lost the ability to effectively deal with serious crimes, with drug dealers often facing limited consequences through dismissed charges or conditional sentencing.

“Alberta is deeply concerned about the federal government’s failure to address the growing drug crisis in Canada. Federal prosecution directives and Bill C-5 have significantly weakened our justice system, allowing criminals and drug dealers to exploit loopholes while putting public safety and Canadian lives at risk,” comments Amery. “We demand immediate action to reverse these disastrous policies, prioritize the safety and well-being of Canadians, and restore Canada’s reputation on an international level.”

The two raise concerns that drugs and drug-related crime is an increasing issue in Canada, with drug trafficking often linked to other serious offences like human or gun trafficking and money laundering.

In an additional statement to rdnewsNOW, Amery asserts that the approach the province is demanding is fair and constitutional. He adds, the provincial government is confident it can meet the demands of managing all CDSA prosecutions, should it come to that.

Amery says Alberta supports and funds drug treatment courts as an alternative route for non-violent offenders, but when it comes to drug traffickers, gangs and kingpins, they have “no sympathy” and expect them to be prosecuted to the fullest extent of the law.

Chantalle Aubertin provided a response on behalf of Arif Virani, Minister of Justice and Attorney General of Canada, which calls the policies outlined in the request “extreme” and “unconstitutional.”

“Our drug laws play their part. They are some of the toughest in the world. Fentanyl trafficking? Punishable by life in prison,” she says. “Treating minor drug offences like serious trafficking cases clogs courts, wastes resources, and diverts focus from real threats like organized crime.”

Additionally, she says the federal government has focused on “smart, effective” ways to address the fentanyl problem, including more resources for police and better border surveillance.

Aubertin also asserts that the Public Prosecution Service of Canada (PPSC), created under Stephen Harper’s Conservatives, is independent, accountable and well-equipped to handle these types of cases.

“We won’t waste taxpayer dollars on failed policies that clog our courts and disproportionately harm marginalized groups. Real leadership means tackling organized crime—not pandering to extremist rhetoric at the expense of people’s lives,” she concludes.