Jail Not Bail Act

An Act to amend the Criminal Code and the Department of Justice Act

Sponsor

Arpan Khanna  Conservative

Introduced as a private member’s bill. (These don’t often become law.)

Status

Second reading (House), as of Sept. 23, 2025

Subscribe to a feed (what's a feed?) of speeches and votes in the House related to Bill C-242.

Summary

This is from the published bill.

This enactment amends the Criminal Code in order to
(a) replace the principle of restraint in section 493.1 of the Act with the principle of protection of the public;
(b) add the protection of the public as a consideration in decisions on the release of an accused;
(c) add several violent indictable offences to the list of reverse-onus offences in subsection 515(6) of the Act for the determination of judicial interim release;
(d) create a list of major offences, composed of violent reverse-onus offences;
(e) prevent those charged with a major offence from being released after arrest by a peace officer;
(f) require that only a superior court judge may determine, on a reverse-onus basis, whether to permit the interim release of an accused if the accused was charged with a major offence while they were on release in respect of another major offence and if they were convicted of a major offence in the last ten years;
(g) provide for the expiry of the interim release of an accused upon their conviction of an indictable offence while they await sentencing;
(h) prohibit those who have been convicted of an indictable offence in the last ten years from being named as a surety;
(i) require that a justice assessing judicial interim release consider whether or not an accused is a Canadian citizen or a permanent resident and, if not, whether they may attempt to leave the country;
(j) make it a condition that those who are not Canadian citizens or permanent residents deposit their passports in order to be released whether by a peace officer after arrest or by a justice on judicial interim release; and
(k) change the standard of assessment under paragraph 515(10)(b) of the Act of whether an accused, if released, will commit an offence or interfere with the administration of justice from a “substantial likelihood” to “whether it is reasonably foreseeable” and require that the criminal history of an accused be taken into consideration.
It also amends the Department of Justice Act to require the Minister of Justice to prepare and table in Parliament an annual report on the state of judicial interim release in Canada.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-242s:

C-242 (2022) Law Reuniting Families Act
C-242 (2020) An Act to amend the Employment Insurance Act (illness, injury or quarantine)
C-242 (2020) An Act to amend the Employment Insurance Act (illness, injury or quarantine)
C-242 (2016) An Act to amend the Criminal Code (inflicting torture)

Public SafetyAdjournment Proceedings

September 25th, 2025 / 6:25 p.m.


See context

Liberal

Jacques Ramsay Liberal La Prairie—Atateken, QC

Madam Speaker, let me be clear. The federal government is committed to introducing legislation to strengthen the bail system in order to combat violent and organized crime. If someone is released on bail and has nowhere to go, that is not a failure of federal law. It is a failure of those who administer the justice system, and that is a provincial responsibility. It also means that provinces and territories must invest in mental health and addiction supports as well as supervision programs to make bail conditions enforceable and meaningful.

With regard to the Conservative proposal of a “three strikes” law, I note that the member did not take responsibility for the Conservatives' about-face. That said, Canadians will sleep better tonight knowing that the Conservatives, who had promised this approach, ultimately reneged on it by not including it in their Bill C‑242

Public SafetyAdjournment Proceedings

September 25th, 2025 / 6:20 p.m.


See context

La Prairie—Atateken Québec

Liberal

Jacques Ramsay LiberalParliamentary Secretary to the Minister of Public Safety

Madam Speaker, I am pleased to have the opportunity to respond to the hon. member for Elgin—St. Thomas—London South, even though he is comparing apples to oranges. He is all over the map.

Let me begin by acknowledging the legitimate frustration many Canadians feel when they hear stories about repeat offenders being released on bail. These cases raise serious questions about the balance between public safety and individual rights, but we must be careful not to confuse symptoms with causes.

The example that was mentioned, of a homeless person released on bail with a curfew, does not demonstrate that a law was poorly drafted. Indeed, current law, as set out in the Criminal Code and confirmed by the Supreme Court, specifies that release conditions must be reasonable and appropriate. In this case, the court found that imposing a curfew on a homeless person was, at the very least, imprudent and unrealistic. When the law is clear, it is not up to Parliament to amend it; it is up to the courts to guide those who make the decisions on the ground.

To be clear, protecting the safety and security of Canadians demands collaboration from all levels of government. Our government is moving forward with ambitious reforms to the Criminal Code, but the provinces must also do their part. Too many of their courts and prisons are underfunded or overcrowded. The fact is, most bail determinations are made by justices of the peace, who are appointed by the provinces, not by Ottawa. Provincial prosecutors, who can and must challenge overly lenient decisions, are overwhelmed and under-resourced. Police and prosecutors need adequate support from the provinces to keep dangerous offenders behind bars.

At the federal level, our government has already taken action. In 2023, we introduced Bill C‑48 to tighten the rules for violent repeat offenders and those who use weapons, while strengthening protection for victims of intimate partner violence. These reforms were unanimously supported by every province and territory, including those with Conservative governments. That is federal leadership in action: bringing Canadians together and finding solutions that work.

We will do more. This fall, we will introduce legislation to make bail and sentencing rules even stricter, especially for organized crime, auto theft and human trafficking.

Unlike the opposition, we do not believe in empty slogans, like the “three strikes and you're out” rule. This rhetoric, aimed at scoring political points, solves nothing. It has failed everywhere it was put to the test in the United States. Even the Conservatives seem to have learned that lesson after losing the last election. In fact, despite campaigning on it, they did not even include the proposal in their bail legislation, Bill C‑242. I offer the member the opportunity to rise and clearly tell Canadians that he was wrong and that this proposal was in fact absurd.

Our Liberal government is committed to building a system that protects communities and addresses the causes of recidivism. For that, stronger laws are required. Investments in mental health, addiction treatment and community programs are also required. We will do our part, and we hope that the provinces will do theirs.