MMPs that would be repealed under Bill C-5
Criminal Code
The reforms to MMPs would only apply to certain offences, and would not limit the ability of a judge to impose a sentence of imprisonment, particularly where doing so is necessary to protect the safety of the public.
To address the overincarceration rate of Indigenous peoples, as well as Black and marginalized Canadians, MMPs for the following offences would be repealed:
- Using a firearm or imitation firearm in commission of offence (two separate offences)
- Paragraphs 85(3)(a) and (b): MMPs of 1 year (first offence) and 3 years (second and subsequent offence)
- Possession of firearm or weapon knowing its possession is unauthorized (two separate offences)
- Paragraphs 92(3)(b) and (c): MMP of 1 year (second offence) and 2 years less a day (third and subsequent offence)
- Possession of prohibited or restricted firearm with ammunition
- Paragraphs 95(2)(i) and (ii): MMPs of 3 years (first offence) and 5 years (second and subsequent offence)
- Possession of weapon obtained by commission of offence
- Paragraph 96(2)(a): MMP of 1 year
- Weapons trafficking (excluding firearms and ammunition)
- Subsection 99(3): MMP of 1 year
- Possession for purpose of weapons trafficking (excluding firearms and ammunition)
- Subsection 100(3): MMP of 1 year
- Importing or exporting knowing it is unauthorized
- Subsection 103(2.1): MMP of 1 year
- Discharging firearm with intent
- Paragraph 244(2)(b): MMP of 4 years
- Discharging firearm — recklessness
- Paragraph 244.2(3)(b): MMP of 4 years
- Robbery with a firearm
- Paragraph 344(1)(a.1): MMP of 4 years
- Extortion with a firearm
- Paragraph 346(1.1)(a.1): MMP of 4 years