"Will Gladue Apply to Bill C-10"

A new piece of legislation aimed at cracking down on the burgeoning First Nations' tobacco industry is not yet law, but it's coming.

Bill C-10 is complex crime bill that was passed in the Senate in April 2012 but on Nov. 5, 2013, federal Justice Minister Peter MacKay introduced amendments to the bill aimed at tackling "contraband tobacco."

The "Tackling Contraband Tobacco Act," would make it illegal to traffick "contraband" tobacco.

It also calls for minimum jail terms for repeat offenders.

The bill has passed second reading in the House of Commons.

To become law it needs to be read a third time in the House before going to the Senate for three more readings and finally, receiving royal assent before it becomes law.

The bill was referred to the Standing Committee on Justice and Human Rights on Feb. 12 where a report on the bill was presented.

Francoise Boivin, NDP MP for Gatineau, tried to amend the Bill during the meeting so that the Bill's imprisonment penalties fall in line with the Gladue principle.

The Gladue principle states courts are required to take into account all reasonable alternatives to incarcerations, with particular attention to aboriginal offenders.

Paul Saint-Denis, Senior Counsel, Criminal Law Policy Section, Department of Justice, told the justice committee he didn't believe aboriginal people were "especially involved in the traffic of tobacco" but rather, the production, "so the offence we are discussing here is much likely to affect them than those individuals involved in trafficking activities."

He further stated: "The Gladue ruling is an interpretation of provisions under subsection 718.2(e) of the Criminal Code. However, since those provisions were adopted by Parliament, I think that Parliament is free to change their interpretation.

"This is not the first time minimum sentences have been proposed, as in Bill C-10. To my knowledge, the imposing of minimum penalties has never been challenged on the pretext that those penalties could have a negative impact on the interpretation made in the Gladue ruling."

A spokesperson for the federal Justice Department said it is not known when the Bill will head into third reading in the House of Commons.