The House is on summer break, scheduled to return Sept. 15

An Act to amend the Criminal Code (justification for detention in custody)

This bill is from the 44th Parliament, 1st session, which ended in January 2025.

Sponsor

Frank Caputo  Conservative

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

Status

Outside the Order of Precedence (a private member's bill that hasn't yet won the draw that determines which private member's bills can be debated), as of Feb. 9, 2023
(This bill did not become law.)

Summary

This is from the published bill.

This enactment amends the Criminal Code to increase the burden that an accused must satisfy, in certain exceptional circumstances, to establish that their detention in custody is not justified.

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-313s:

C-313 (2021) Banning Symbols of Hate Act
C-313 (2016) National Strategy on Advertising to Children Act
C-313 (2011) Law An Act to amend the Food and Drugs Act (non-corrective contact lenses)
C-313 (2010) An Act to amend the Holidays Act (Flag Day)

Strong Borders ActGovernment Orders

June 5th, 2025 / 12:05 p.m.


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Conservative

Frank Caputo Conservative Kamloops—Thompson—Nicola, BC

Madam Speaker, I have learned a lot from my colleague. We first met a number of years ago, and it has been really great just to walk with him in my parliamentary journey.

I see nothing in the bill that deals with firearms.

Kamloops—Thompson—Nicola, like so much of Canada, is a rural area. I believe there are 27 first nations in my riding, and hunting is integral to those first nations. We have heard the Liberals speaking out of both sides of their mouth on the issue; they say that we need to really crack down on guns and illegal guns used in shootings, yet they are burying us in more bureaucracy without going after people who repeatedly breach firearms prohibitions and things like that. I see nothing in Bill C-2 on this.

I see that the member for Winnipeg North is going to ask a question. I challenge him to stand up and say whether he is in favour of my proposed bill, Bill C-313, on bail, and whether he still supports house arrest for people who do drive-by shootings and who traffic fentanyl.

Strong Borders ActGovernment Orders

June 5th, 2025 / 11:45 a.m.


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Conservative

Frank Caputo Conservative Kamloops—Thompson—Nicola, BC

Mr. Speaker, my colleague just asked if we want bail in it. Heck yes, I want bail in it. We really want to deal with bail. We, as Conservatives, want to deal with bail. In fact, I had two private members' bills that dealt with bail during the last Parliament. One of the bills was in response to the killing of Constable Pierzchala, a police officer. He was in his mid-twenties.

I believe I could say that Constable Pierzchala was killed, as the person is no longer accused, as they went to trial. He was killed by somebody who was out on bail. It was the constable's first shift alone. He had just passed his probation period. That person also had a firearms prohibition, and those prohibitions are now being treated like they are not worth the paper they are written on.

Therefore, to my colleague from Winnipeg, who heckled me and asked if I want bail in the bill, yes, we want bail in the bill. I will gladly take him up on that. I will gladly meet with the Minister of Public Safety.

In fact, in questions and comments, I want the member for Winnipeg North to stand up. It does not take much to cajole him to stand up, even if there are 30 people behind him. The Liberals are laughing because they know it is true. I want the member to stand up to tell me whether the Liberals will pass Bill C-313 from the last Parliament, which would make the hill much harder to climb for people who were previously convicted of gun charges and placed on firearms prohibitions. This is a small, discreet group of people.

In the member's prelude, I challenge him to say that the Liberals will support Bill C-313 or my other private member's bill on bail, which targeted a very small, discreet group of people who were being accused of three indictable offences at one time, as in those files had not been resolved, with 10 years or more. Those are offences such as robbery, manslaughter, assault with a weapon and assault causing bodily harm, by indictment. The member has been here for a long time, and he speaks on behalf of the government. Does he have the guts to stand up to say that the Liberals will incorporate the principles of those bills in this bill? I would love to work with the government to address bail.

What about fentanyl sentencing? I wonder if the member for Winnipeg North is onside with his party's views on sentencing. We are getting this tough-on-crime stuff from the Liberals. Do members know what we heard? In fact, now that I come to think of it, it was from the member from Winnipeg. I introduced a bill about sexual offences, and the whole point of the bill on sexual offences was to raise the sentences. A lot of people do not know this, but sexual offences are treated less seriously than property offences in some regards. For instance, if someone breaks into a house, the maximum sentence is life imprisonment. If they rob somebody, which is theft with an element of violence, they can go to jail for life. However, if someone takes a person's dignity and consent, which is a crime of violence just like robbery, the maximum sentence is 10 years, so I brought this up. The member for Winnipeg heckled, “Tough on crime.” The Liberals are telling us how tough on crime they are now, when they mocked us the last time. They will not only tell us how tough they are on crime but also do little about it.

In this omnibus bill, it says that offenders can serve their sentence for trafficking in fentanyl from their couch. There is going to be 10 minutes for questions and comments, and I challenge any Liberal who rises to say to me, through the Speaker, “I agree with that. I agree that, for people who traffic in one of the deadliest drugs, if not the deadliest drug that we know of, who are literally peddling poison, it is okay that they sit at home playing their video game system, listening to their favourite music and sleeping in their bed, when they are literally peddling poison.” I am speaking right to the Liberals here, those who are prepared to look me in the eye to say that.

Let us go to another one, which is firearms offences. One of the offences in a case called R. v. Oud, out of British Columbia, and it was upheld by the B.C. Court of Appeal as being a constitutional mandatory minimum. Discharge with intent is a drive-by shooting and those types of things. The Liberals legislated that offenders could serve that sentence at home. Previously, it was a four-year mandatory minimum. They kept the five-year minimum if it was a handgun or a restricted firearm, but oftentimes the guns are not ever recovered. Nobody says, “I just did a drive-by. Police, here is the gun.” This does not happen.

The Liberals are telling us that they are tough on crime. They say, “Look at our borders act.” It is 130 pages. “Look at this, we are so tough on crime.” I challenge any member of the Liberals to stand up to say, through the Speaker, “I am okay with people who do drive-by shootings to serve their sentence at home.” People will say, “Oh, you are just tough on crime indiscriminately.”

To the contrary, I think most people deserve a second chance. In fact, a lot of people do. Some people deserve a second chance because they have done something stupid. They have made decisions. They got into an addiction. A lot of people I saw were in a car accident and were then prescribed opiates. The next thing they knew, they had an opiates addiction.

We are not talking about locking the door and throwing away the key for the majority of offenders. We are talking about a small, discreet group of offenders. Nowhere in this bill does it talk about those things. We are prepared to talk about everything but. We are prepared to talk about Internet service providers and whether they have to turn over their materials without a warrant. That is in response to a recent Supreme Court of Canada decision. For those who do not know, an ISP address is easily discoverable. As I recall, and I have not read or looked at the case in some time, the court said a warrant is needed. There is an expectation of privacy there.

I could go on and on about what is not in this bill. Again, I will challenge my Liberal colleagues. Will they have the guts to stand up to say, “I am okay with those things.” If they are not okay with those things, then why are they not petitioning the government to amend the bill to be tough on the crimes they say they are tough on.

This bill has a number of elements to it. It has 16 parts. Obviously, the first part we are dealing with looks at CBSA, the Canada Border Services Agency, and its ability to do searches. This is interesting, as the Leader of the Opposition, in the last Parliament, would say people were literally tracking their cars to our ports and seeing them go into containers. They were told they could not trespass on that port. People wanted to get their cars back, but they could not do it. We got laughed at, as Conservatives, for this, for our supposed tough-on-crime approach, yet the Liberals are saying that Conservatives need to pass this omnibus bill.

We have a lot of questions about the bill, and I think Canadians deserve to have those questions answered.

The Canada Post Corporation Act would be amended, through part 4 of the bill “to permit the demand, seizure, detention or retention of anything in the course of post only in accordance with an Act of Parliament.” As I understand that, this is a judicial authorization commonly known as a warrant. Typically, it is a warrant that is embedded there. This is really interesting, and I would love for the government to expand on this, because this is something I know I am going to get mail about, if I have not gotten it already.

Part 4 would allow Canada Post Corporation to open mail in certain circumstances. As I understand it, and I am not an expert in this regard, the nature of mail has been that it has been regarded as private since Confederation. In other words, Canada Post has not been able to open somebody's mail. This is the reason we are now talking about the language in the Charter and what is referred to as an expectation of privacy.

The highest expectation is on our bodies. Then we have things like our phones and letters, but there is still an expectation of privacy there, so I would really like for the government to explain what that threshold would be and why it is that Canada Post would be doing this. Those are questions that we really need to have answered.

Similarly, there are the Canadian Coast Guard provisions. How are they going to look in practice? This is a really significant bill that I think we need a bit more information on. I am mindful of the fact that we always will have rights of the individual, and I noticed that many of my Liberal colleagues stood up and clapped when they spoke about being the party of the Charter of Rights. As my colleague from Calgary Nose Hill noted, there is no charter statement here.

The government was able to give us a 130-page bill with 16 parts, and when we ask where the charter statement is, there is a bit of the proverbial shoulder shrug, with the statement, “It just came out two days ago.” If the Liberals can put out a 130-page bill, certainly they can put out a four- or five-page charter statement. It would amaze me if nobody in the government went through this document and asked if it was charter compliant. Certainly somebody did.

We have a government that is saying, “We are all about the charter; we believe in this,” but it will not tell Canadians what its experts have said about whether this legislation is charter compliant. As a critic, how am I to respond to people who have very good faith inquiries about this type of legislation?

The next part of the bill gets into citizenship and immigration. I am not going to touch on that, because I know that my colleague from Calgary Nose Hill will be dealing with that.

The last thing I want to do is reflect on the life of a good friend. His name was Mark Evevard. He was not Canadian, but he touched the lives of many Canadians. Mark passed away unexpectedly of a heart attack just before the election. I cannot understate the profound influence that this man had on my life. He leaves behind his children, Stephen, Lauren and Patrick. I got to spend time with Mark and Patrick right around the pandemic and just before it. Mark touched so many lives, and I wanted to recognize him here, through his work in youth ministry for the church and as a servant. May perpetual light shine upon him. It was my honour to know him.

With that, I will conclude my speech and take questions.

Criminal CodeGovernment Orders

September 18th, 2023 / 4:50 p.m.


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Conservative

Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC

Madam Speaker, any time that we can tighten up bail, this is something we need to look at in this House. Clearly, Canadians of all political stripes of all occupations and socio-economic statuses are telling us and begging for us to do this. Therefore, when my colleague asks why we should be doing this, that is the reason. It is also the reason I brought forward Bill C-274 and Bill C-313, which I really feel fell on deaf ears with the Liberals.

I again come back to this: When we talk about passing this so quickly, why did we not debate it before we left for summer? Why did it take 246 days to bring this legislation forward after the premiers wrote their letter?

Criminal CodeGovernment Orders

September 18th, 2023 / 4:40 p.m.


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Conservative

Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC

Madam Speaker, it is always a pleasure to rise on behalf of the people of Kamloops—Thompson—Cariboo. I will be splitting my time with the member for Langley—Aldergrove.

Before I begin, I want to recognize one of the people in my community of Kamloops—Thompson—Cariboo. That would be one Ethan Katzberg, whom I met about a year ago. Over the summer, Mr. Katzberg became the world champion in the hammer throw. This is an incredible accomplishment for anybody, but more so for somebody of his young age. He is in his early twenties. We are so proud of him. Under the tutelage of Dylan Armstrong, a medallist in the Beijing Olympics, Ethan has really made Kamloops—Thompson—Cariboo proud. I thank him for his contribution and congratulate him.

I also want to recognize a young man who passed away over the summer. His name is Reid Enzo Ross Davidson. I believe he has a relative who works on the Hill here. He was the grandson of somebody I look up to immensely, Enzo Lizzi, who is a pillar of our community in Kamloops—Thompson—Cariboo and also a pillar of our Italian community. I wish his family, Michael and Lisa, and his partner, Georgia, condolences through what would be a difficult time. Mr. Davidson was only 24 years old when he passed after a motor vehicle accident.

To me, one of the critical elements that we should be focusing on here is the number 246. By my math, and I was never really good in math, it has been about 246 days since the premiers asked the government to act on bail. We are just now debating this bill at second reading. The NFL playoffs came and went; we had a Super Bowl champion crowned and a new season started in that time. Hockey playoffs came and went. The Stanley Cup was awarded. This actually happened even before we found out that the Prime Minister himself admitted to staying in a $6,000-a-night hotel when he went for the Queen's funeral.

That is how much time has passed. In fact, between the time that the Liberal government tabled the legislation and the time that the premiers had written their letter, it was about 112 days by my math. It had really reached a crescendo at the point when the premiers were begging for bail reform.

The Minister of Justice tells us that they are ready to move lightning fast to get this done and that when there is a problem, Liberals act. Members will have to forgive me for asking this: How long does it take for Liberals to act? Is it 246 seconds, 246 months or 246 days? What is it?

How many police officers need to get hurt on the job for Liberals to act? How many shopkeepers need to have things stolen from them or to be the victim of a robbery? How many women need to be the victim of intimate partner violence at the hands of somebody who should not be on bail? I once heard someone, a Liberal, say they could look at one's calendar and tell me one's priorities. Let us look at the Liberal calendar.

For 246 days, this issue has languished. I remember that it was over the Christmas break last year when the then minister of justice told us there really was not a problem with bail. Constable Pierzchala was killed, allegedly by somebody who was on bail at the time. I expected that the government would return with bail legislation. If we want to talk about common sense, that would have been the common-sense thing to do.

Sometimes there are inflection points in society, and the expectation is that government will act. However, the Liberals came back and told us there was nothing to see, the system was working as it should and dangerous people would be detained. Unfortunately, the premiers did not agree. More importantly, Canadians do not agree.

The issue with bail, in my view, has really come to a head. I receive letters. I believe many of my colleagues receive letters.

Not too long ago, I was in my colleague's riding of Dauphin—Swan River—Neepawa, and we had a public forum about bail and crime. I was amazed to see that crime was so out of control that, in a small community of about 4,000 people, customers were having to press a buzzer to be allowed into a store because there was such a concern.

My colleague in the NDP, in referencing what the hon. Leader of the Opposition said, said that people are just being arrested for shoplifting, and it is no big deal. Sometimes that shoplifting is very expensive. My colleague should tell that to a person who runs a small store and is losing a couple of thousand dollars a month of their livelihood. That is $24,000 a year. That might be the difference between making a car payment, being able to afford a mortgage or putting food on the table and not doing so.

When people trivialize the import of some crimes, saying that they are not serious offences and are just breaches, with all due respect, I would say that breaches of court orders are serious offences. The court has said something, and somebody is willfully and deliberately saying they think otherwise and are going to choose otherwise.

This is obviously a subject I am passionate about; it is something I dealt with a lot formerly as a Crown prosecutor, as well as something I taught. That is why, when I was first elected, I promised to bring in a private member's bill on bail, which I did almost immediately in Bill C-274. It essentially said that if offenders have three indictable offence allegations with penalties of 10 years or more, the offenders will be presumptively detained, except in exceptional circumstances. The reason for this is that exceptional circumstances are often why legislation is found to be unconstitutional for outlier cases. We build in what is called a “safety valve”; in doing so, we make the legislation constitutional. Bill C-274 talked about three serious allegations at different points in time.

Then there was Bill C-313, which was another private member's bill. That bill was in direct response to the alleged killing of Constable Pierzchala. It proposed to change the reverse onus. This is the way I see it. We are talking about reverse onuses; people have gone into what a reverse onus is, so I am not going to get into that. What we are attempting to do right now is to expand the reverse onus.

There has been widespread discussion about supports, but I believe the next step for Parliament to take is to discuss changing the nature of the reverse onus, and here is why: Let us say that we have a medication that is supposed to be working and has been working to varying degrees, but we want to apply it in a more widespread manner and hope it works better. To me, that is what we are looking at with the reverse onus, which we hope works, as opposed to changing the treatment in itself. Perhaps we have to get to the target of the reverse onus, because right now, from what I have seen, the reverse onus is not necessarily doing what it is supposed to do. That is something I encourage Parliament to consider as we move forward.

I want to acknowledge another constituent of mine. Mr. Glenn Fieber passed away at 84 years of age. I went to school with his children. May eternal light shine on Mr. Fieber. I extend my condolences to his family.

The last person I wish to recognize is Mr. Ron Maguire, another person from Kamloops—Thompson—Cariboo who passed away recently. He was known as Mr. A&W because he started working at A&W and then built up A&W restaurants. He received the key to the city and the Freedom of the City. My condolences go to his wife, Lynne, and his daughters, Kristi and Robyn.

It has been a pleasure to talk about bail and bail reform. I hope we can continue to have reasoned discussion in hopes of making Canada safer.

Public SafetyStatements By Members

March 7th, 2023 / 2:05 p.m.


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Conservative

Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC

Mr. Speaker, after eight long years of the Liberal government's catch-and-release policy, Canadians feel unsafe. Police are tired of arresting the same people day after day, week after week and month after month. The justice minister has an army of lawyers and an army of bureaucrats. Despite those resources, we have seen nothing on bail.

However, we as Conservatives have listened to the police, to the victims and to Canadians. I put forth Bill C-313 within a matter of weeks with no army of lawyers and no army of bureaucrats, but with just a Conservative team that is willing to act.

Premiers, police and Canadians asked for change. Crickets is what we heard. How many Canadians need to be victimized? How many police officers need to die? It is time for the lethargic Liberal government to get out of the way so we can clean up its mess on bail.

JusticeOral Questions

February 10th, 2023 / 11:50 a.m.


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Conservative

Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC

Madam Speaker, after eight years of Liberals dragging their feet and not acting on bail reform, we find ourselves here, where bail is broken.

Premiers want change. Canadians want change. Police want change.

The government prefers to talk rather than act. Yesterday, I and my Conservative colleagues took the first step in a very long journey on bail in tabling Bill C-313. Will the government pass this legislation or get out of the way so that we can reform bail?