Summary#
This bill changes criminal penalties for crimes involving synthetic opioids listed in Schedule I of the Controlled Drugs and Substances Act. It sets very severe sentences when the amount meets set milligram thresholds and adds new sentencing factors tied to location and quantity. It also changes the Criminal Code so that certain offenders sentenced to life for these offences cannot get parole for 25 years. The stated goal is to target the supply of potent synthetic opioids.
Key changes:
- Trafficking or possessing for the purpose of trafficking a Schedule I synthetic opioid:
- More than 40 mg: mandatory life in prison.
- 20–40 mg: life is possible, with a mandatory minimum of 15 years.
- Importing, exporting, or producing a Schedule I synthetic opioid:
- More than 40 mg: mandatory life in prison.
- For other Schedule I or II drugs (not synthetic opioids), the law specifies that at certain amounts (20 mg in section 5; more than 40 mg in sections 6 and 7) the maximum sentence remains life in prison.
- Courts must treat as aggravating (leading to a harsher sentence) if a synthetic opioid offence:
- Happens within 300 metres of a substance use treatment centre, school, child care facility, or other locations the government later designates; or
- Involves amounts that meet set danger thresholds (2 mg or more for the substance listed as item 16 in Schedule I; or, for other synthetic opioids, an amount reasonably expected to cause death if consumed).
- People convicted of the specified synthetic opioid offences that carry mandatory life (over 40 mg for trafficking/possession for the purpose, import/export, or production) will be ineligible for parole for 25 years.
What it means for you#
- People charged with drug supply offences (synthetic opioids)
- If the amount is over 40 mg and you are convicted of trafficking, possession for the purpose of trafficking, importing, exporting, or producing, the judge must give a life sentence, and you cannot apply for parole for 25 years.
- If the amount is 20–40 mg and you are convicted of trafficking or possession for the purpose of trafficking, the judge must give at least 15 years in prison (life is still possible).
- Sentences may be higher if the offence was within 300 metres of a school, child care, treatment centre, or another designated location, or if the amount meets the “dangerous quantity” test.
- Judges
- Less discretion in sentencing for synthetic opioid cases at or above the set thresholds (mandatory life or mandatory minimum terms apply).
- Must treat certain locations and quantities as aggravating factors in sentencing for synthetic opioid offences.
- Police and prosecutors
- Must prove the amount of the substance (in mg) and, when relevant, the distance to protected locations.
- In cases using the “reasonably expected to cause death” standard, expert evidence may be needed to establish the dangerous quantity for a given synthetic opioid.
- Communities near protected locations
- Offences involving synthetic opioids within 300 metres of schools, child care facilities, and treatment centres would likely draw harsher sentences.
- Correctional system and parole authorities
- This could increase the number of people serving life sentences and lengthen time in custody before parole eligibility in the covered cases.
Expenses#
No publicly available information.
Possible fiscal effects (not quantified):
- Longer prison terms and more life sentences could increase correctional costs over time.
- Proving quantity thresholds and lethal-dose claims may increase investigation and court costs (e.g., lab testing, expert testimony).
- Some administrative work to define and publicize any additional protected locations by regulation.
Proponents' View#
- The bill appears intended to curb the supply of highly potent synthetic opioids by imposing very severe penalties on trafficking, production, and cross-border movement.
- Using low milligram thresholds recognizes the high potency of these substances and could deter handling even small amounts.
- Treating offences near schools, child care, and treatment centres as aggravating could better protect vulnerable people and places.
- A 25‑year parole ineligibility period signals that large‑quantity synthetic opioid crimes are extremely serious and ensures lengthy incapacitation of serious suppliers.
Opponents' View#
- One concern is the use of mandatory minimums and mandatory life sentences, which reduce judicial discretion and may not account for an offender’s role or circumstances.
- The thresholds (20 mg and 40 mg) are very small quantities by weight; this could capture lower‑level participants, depending on the facts of the case.
- The bill does not clearly explain how “amount” is measured (pure drug versus mixtures), which could create disputes and uneven application.
- The “reasonably expected to cause death” standard is vague and may require complex expert evidence, leading to longer, costlier, and less predictable sentencing hearings.
- Allowing the government to designate additional “protected” locations by regulation could broaden aggravating zones without detailed parliamentary review.
- Harsher sentences and longer parole ineligibility could increase correctional costs, but no cost estimate is provided.