This enactment amends the Criminal Code to provide that a court may, by order, in addition to any term of imprisonment imposed on an offender for the commission of an offence, prescribe measures that the offender is to take during the custodial period of their sentence, which may include participation in educational, training or treatment programs.

It also makes related amendments to the Corrections and Conditional Release Act to, among other things, provide that objectives with regard to programs that the offender may be required to complete during the custodial period of their sentence are to be included in the correctional plan developed by the head of the facility in which the offender is held and to provide that the assessments that parole boards take into consideration when making a determination regarding the granting of parole are to include information on the progress made by an offender with regard to any prescribed measures that the offender was required to take.

Finally, the enactment amends the Controlled Drugs and Substances Act to provide that a court imposing a sentence on a person convicted of trafficking in fentanyl must consider as an aggravating factor the fact that the person trafficked it in quantities that indicate trafficking on a large scale.

Preamble

Whereas families across Canada are being irreparably harmed by the devastating effects of substance addiction, resulting in the loss of lives, the breakdown of communities and the erosion of public safety;

Whereas those suffering from substance addiction need to be afforded the support and programs necessary to regain their health, dignity and place within their families and communities;

Whereas it is imperative to break the destructive cycle of substance dependency and help those suffering from substance addiction to reintegrate into society;

Whereas safe supply services, which provide prescribed medications such as opioids and stimulants to people suffering from substance addiction, have served to perpetuate dependency rather than foster recovery;

Whereas it is necessary to replace failed policies with a framework of compassionate intervention, whereby the justice system is empowered to direct offenders suffering from substance addiction into structured treatment programs, to be undertaken and completed while in custody, thereby ensuring both accountability and the opportunity for rehabilitation;

Whereas those who profit from trafficking strong opioids, such as fentanyl, bear responsibility for fueling the addiction crisis, and the severity of the harm inflicted on Canadian families demands that such offenders face more stringent penalties;

And whereas it is imperative that Canada adopt measures that prioritize recovery over dependency, strengthen families and restore afflicted individuals to health, stability and purpose;

Now, therefore, His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Additional Measures

Measures to be taken

• (a) participate in a program for training or apprenticeship in professional or technical skills or in any other program relating to prospective employment, subject to the availability of the program and the program director’s acceptance of the offender;

• (b) if appropriate, write to the victim of the offence or to any other person who may have been affected by the commission of the offence to acknowledge the harm suffered by the person or the community as a result of the commission of the offence and the impact of the offence on the person or the community;

• (c) if the offender agrees, and subject to the availability of the program and the program director’s acceptance of the offender, participate in a treatment program approved by the province; and

• (d) take any other measure specified in the order that the court considers desirable.

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Reasonable efforts

Report by court to Correctional Service — subsection 729.‍2(1) orders

743.‍201 The court must also forward to the Correctional Service of Canada information relating to any prescribed measures that the offender may be required to take in accordance with an order made under subsection 729.‍2(1).

• (iii) the meeting of their court-ordered obligations, including restitution to victims, child support Insertion start or measures prescribed in an order made under subsection 729.‍2(1) of the Criminal Code Insertion end .

• (c) the availability of appropriate programs and services, Insertion start including any programs that the person may be required to complete in accordance with an order made under subsection 729.‍2(1) of the Criminal Code Insertion end , and the person’s willingness to participate in those programs.

Prescribed programs for offenders

76.‍1 In determining the programs that are to be provided, the Service must take into account any programs that offenders may be required to complete during the custodial period of their sentence in accordance with an order made under subsection 729.‍2(1) of the Criminal Code.

• (a) parole boards take into consideration all relevant available information, including the stated reasons and recommendations of the sentencing judge, the nature and gravity of the offence, the degree of responsibility of the offender, information from the trial or sentencing process and information obtained from victims, offenders and other components of the criminal justice system, including assessments provided by correctional authorities Insertion start and reports on the progress made by the offender with regard to any prescribed measures that they were required to take in accordance with an order made under subsection 729.‍2(1) of the Criminal Code Insertion end ;

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  (v) trafficked in a substance included in item 16 of Schedule I in quantities that indicate trafficking on a large scale, or possessed such quantities for the purpose of trafficking;

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