Bill S-216 explained in plain English
An Act to amend the Controlled Drugs and Substances Act and the Criminal Code (mental health treatment)
Federal Parliament bill summary, status, timeline, sponsor, votes, and official sources.
At a glance
Official Parliament of Canada snapshot for 41st Parliament, 1st Session. MP vote breakdowns appear when the House of Commons publishes a recorded division export for that bill. Senate and House stage details include official debate/sitting links when LEGISinfo publishes them.
Our plain-language take, written for civic education.
Source: By PoliticalData.ca
Bill S-216 allows courts to delay sentencing for certain drug offences and other crimes to enable offenders to participate in mental health treatment programs, and if completed successfully, exempts them from mandatory minimum sentences.
Bill S-216 makes two main changes to federal drug and criminal laws in Canada. First, it amends the Controlled Drugs and Substances Act to give courts the power to pause sentencing for people convicted of drug offences. During this pause, the offender can participate in mental health treatment in one of three ways: (1) a mental health court treatment program approved by the Attorney General, (2) a mental health treatment program under the Criminal Code, or (3) mental health treatment supervised by the court with the Attorney General's consent. If the offender successfully completes the treatment, the court is no longer required to impose the mandatory minimum sentence that would normally apply to that drug offence. Second, it amends the Criminal Code to update the existing rules about delaying sentencing for treatment programs. The current law allows courts to delay sentencing so offenders can attend addiction treatment or domestic violence counselling programs. This bill adds mental health treatment programs to that list of approved programs, making it clear that mental health treatment is one of the types of programs courts can authorize during a sentencing delay. In plain terms, the bill aims to give courts more flexibility to prioritize mental health treatment for offenders rather than automatically applying mandatory minimum prison sentences, provided the offender completes the treatment successfully.
- Amends the Controlled Drugs and Substances Act to allow courts to delay sentencing for drug offences to allow offenders to participate in mental health treatment
- Permits courts to delay sentencing under three types of mental health treatment arrangements: Attorney General-approved mental health court programs, Criminal Code-authorized programs, or court-supervised treatment with Attorney General consent
- Eliminates the requirement to impose a mandatory minimum sentence if an offender successfully completes the mental health treatment program or treatment
- Amends the Criminal Code to explicitly include mental health treatment programs as a category of treatment programs that courts can authorize during sentencing delays
- Requires consent from the Attorney General and the offender for sentencing delays under these provisions
- People convicted of offences under the Controlled Drugs and Substances Act (drug offences)
- People convicted of crimes where sentencing can be delayed under Criminal Code section 720(2)
- Courts and judges who sentence offenders
- Attorneys General (federal and provincial) who must approve certain mental health treatment programs and consent to treatment arrangements
- Mental health service providers and treatment programs
- Court may delay sentencing to allow offender to participate in mental health treatment (discretionary, not mandatory)
- Offender must successfully complete the mental health treatment program or treatment for the mandatory minimum sentence exemption to apply
- Attorney General consent is required for court-supervised mental health treatment under the new Controlled Drugs and Substances Act provision
- Court must obtain consent from both the Attorney General and the offender before delaying sentencing for treatment programs under the Criminal Code
- Court must consider the interests of justice and any victim of the offence when deciding whether to delay sentencing
- First reading: February 27, 2013
- Current status: At second reading in the Senate as of the information provided
- No specific commencement date is stated in the bill text
- If an offender successfully completes a mental health treatment program or treatment under the Controlled Drugs and Substances Act provision, the court is no longer required to impose the mandatory minimum sentence for the drug offence
- The provisions do not eliminate the court's authority to impose sentences; they only eliminate the requirement to impose mandatory minimum sentences when treatment is successfully completed
- The bill text does not specify what constitutes 'successful completion' of a mental health treatment program or treatment
- The bill does not define 'mental health treatment' or specify what types of treatment qualify
- The bill does not specify the maximum length of time a sentencing can be delayed
- The bill does not clarify how courts should assess whether an offender has 'successfully completed' treatment under paragraph (6)(c)
- It is unclear whether the mandatory minimum sentence exemption applies to the sentence as a whole or only to the minimum portion of the sentence
- The bill does not specify criteria that the Attorney General should use when approving mental health court treatment programs
Courts gain new authority to delay sentencing for drug offences to allow participation in mental health treatment; successful completion exempts offenders from mandatory minimum sentences
Source: Section 1, adding new subsections (6) and (7) to Section 10
Mental health treatment programs are now explicitly listed as a category of approved treatment programs that courts may authorize during sentencing delays, alongside addiction treatment and domestic violence counselling programs
Source: Section 2, replacing subsection 720(2)
Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.
Official textParliamentary Process
Bill S-216, concerning mental health treatment and amendments to drug and criminal law, completed its first reading in the Senate on February 27, 2013, and later proceeded to second reading with debate and speeches.
This record indicates that Bill S-216, concerning amendments to the Controlled Drugs and Substances Act and the Criminal Code related to mental health treatment, completed its first reading in the Senate on February 27, 2013. The bill was later at second reading, with debate occurring on April 25, 2013, and major speeches being delivered on June 13, 2013. The sponsor's speech at second reading was on April 25, 2013.
On February 27, 2013, the Senate introduced Bill S-216 concerning mental health treatment, debated other legislation, adopted a committee report, heard statements on various topics, and discussed a question of privilege, with the Speaker reserving their ruling.
This document records the Senate proceedings for February 27, 2013. The Senate heard statements on the passing of Claudette Boyer, the bicentennial of the 104th (New Brunswick) Regiment of Foot, and tributes to former Senator Eugene F. Whelan and notable Black British Columbians. Routine proceedings included the tabling of a user fee proposal and the introduction of Bill S-216, which would amend the Controlled Drugs and Substances Act and the Criminal Code regarding mental health treatment. Notices of motions were given concerning committee reports and studies. Question period addressed community historical recognition program funds, immigration history, and the reserve force budget. Several bills were debated, including the Corruption of Foreign Public Officials Act (which passed second reading), the Employment Insurance Act (debate adjourned), and the Fisheries Act (second reading negatived). A report from the Standing Senate Committee on Energy, the Environment and Natural Resources was adopted, and debate continued on an inquiry regarding missing and murdered Indigenous women. A question of privilege concerning the Parliamentary Budget Officer was also discussed, with the Speaker reserving their ruling.
Bill S-216, aimed at amending drug and criminal laws for mental health treatment, was undergoing debate at its second reading in the Senate, with the process not yet concluded.
This record shows that Bill S-216, concerning mental health treatment related to drug and substance use, was being debated at the second reading stage in the Senate on June 13, 2013. The debate at this stage had not yet been completed. The bill had previously passed first reading on February 27, 2013, and had its second reading initiated on April 25, 2013, with a speech from Senator Mobina S.B. Jaffer.
During a Senate sitting on April 25, 2013, the second reading debate for Bill S-216, concerning mental health treatment for offenders within the criminal justice system, was initiated by Senator Mobina S. B. Jaffer, who explained its proposed amendments and objectives, after which the debate was adjourned.
On April 25, 2013, the Senate met and conducted routine proceedings, including tabling reports and presenting bills. The Senate also addressed several items under "Orders of the Day," including the second reading of Bill S-216, An Act to amend the Controlled Drugs and Substances Act and the Criminal Code (mental health treatment). Senator Mobina S. B. Jaffer moved the second reading of Bill S-216. She explained that the bill aims to create the same provisions for mental health treatment within the criminal justice system as currently exist for drug treatment. This would involve allowing for the delay of sentencing for mental health treatment and, with the Attorney General's consent, the waiver of mandatory minimum sentences upon successful completion of treatment. Senator Jaffer highlighted the similarity in goals between mental health courts and drug treatment courts, focusing on addressing the root causes of criminal behaviour. She also noted that the bill builds upon existing provisions in Bill C-10 and aims to incorporate mental health treatment tools into the criminal justice system. Following Senator Jaffer's speech, the debate on Bill S-216 was adjourned.
Senator Jaffer introduced Bill S-216 in the Senate, proposing to align mental health treatment provisions in the justice system with existing drug treatment provisions.
On April 25, 2013, Senator Mobina S. B. Jaffer spoke in the Senate to introduce Bill S-216, an Act to amend the Controlled Drugs and Substances Act and the Criminal Code related to mental health treatment for offenders. She explained that the bill aims to create similar provisions for mental health treatment as currently exist for drug treatment within the justice system. The goal is to address the root causes of criminal behavior by providing access to mental health treatment, recognizing that incarceration may not solve problems for individuals with mental health or substance abuse issues. The debate was adjourned, meaning it was not concluded on this day.
During a Senate sitting on June 13, 2013, the debate on Bill S-216, concerning mental health treatment, was continued and remains unfinished.
This Senate sitting on June 13, 2013, included a debate on Bill S-216, An Act to amend the Controlled Drugs and Substances Act and the Criminal Code (mental health treatment). The debate on this bill was continued from a previous sitting and had not yet been completed. In addition to the debate on Bill S-216, the sitting involved various other procedural activities, including the tabling of committee reports, the introduction of new bills, and discussions on unrelated matters such as the situation in Iran, the Quebec Soccer Federation's ban on turbans, and Canadian beef exports.
We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.
We don't have a plain-language summary for First reading yet. The official source linked below is the full record.
We don't have a plain-language summary for Second reading yet. The official source linked below is the full record.
We don't have a plain-language summary for Consideration in committee yet. The official source linked below is the full record.
We don't have a plain-language summary for Report stage yet. The official source linked below is the full record.
We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.
Debate and sitting links point to official parliamentary sources when LEGISinfo publishes them. Any plain-language discussion summaries should be generated from those official texts and reviewed before public display.
Vote Summary
This bill is still active. We only show vote counts after the legislature publishes a recorded division.
No published representative vote breakdown
This bill is still moving through the process. When a recorded division is published, representative positions can be listed here.
Official sources
Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.
How this data is sourced