An Act to amend the Criminal Code and the Corrections and Conditional Release Act (conditions of release and conditional sentences)

Sponsor

Pierre Paul-Hus  Conservative

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

Status

Defeated, as of Oct. 18, 2023

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Summary

This is from the published bill.

This enactment amends the Criminal Code and the Corrections and Conditional Release Act to create a new offence for the breach of conditions of conditional release imposed in relation to certain serious offences and to require the reporting of those breaches to the appropriate authorities.
It also amends the Criminal Code to preclude persons convicted of certain offences from serving their sentence in the community.

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-325s:

C-325 (2016) An Act to amend the Canadian Bill of Rights (right to housing)
C-325 (2013) An Act to amend the Radiocommunication Act (voluntary organizations that provide emergency services)
C-325 (2011) An Act to amend the Radiocommunication Act (voluntary organizations that provide emergency services)
C-325 (2010) An Act to change the name of the electoral district of Welland

Votes

Oct. 18, 2023 Failed 2nd reading of Bill C-325, An Act to amend the Criminal Code and the Corrections and Conditional Release Act (conditions of release and conditional sentences)

Debate Summary

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This is a computer-generated summary of the speeches below. Usually it’s accurate, but every now and then it’ll contain inaccuracies or total fabrications.

Bill C-325 proposes amendments to the Criminal Code and the Corrections and Conditional Release Act. The bill aims to create a new offense for breaching release conditions for serious crimes, require reporting of these breaches, and restrict offenders convicted of specific crimes from serving sentences in the community. It seeks to address concerns about public safety and the justice system's handling of repeat offenders and conditional sentences, potentially reversing aspects of Bill C-5.

Conservative

  • Supports bill C-325: The Conservative party supports Bill C-325, introduced by Pierre Paul-Hus, as a necessary measure to address violence and improve public safety in Canada. They believe that the bill will fix flaws in the justice system.
  • End 'Netflix sentences': A key objective of the bill is to prevent violent criminals from serving their sentences at home, often referred to as 'Netflix sentences'. The Conservatives argue that such lenient sentencing undermines justice for victims and fails to deter crime.
  • Increase parole accountability: The party aims to create a Criminal Code offence for violent offenders who breach their parole conditions. They also want to mandate probation officers to report these breaches, ensuring stricter enforcement and reducing recidivism.
  • Reversing Liberal policies: Conservatives argue that Liberal policies, particularly Bill C-5 and C-75, have contributed to a rise in violent crime across the country. They view Bill C-325 as a necessary step to reverse these trends and restore order.

NDP

  • Opposes bill C-325: The NDP opposes Bill C-325 because it is problematic. They believe it would not improve conditions for marginalized Canadians, and would further contribute to the overincarceration of racialized and indigenous people and those living in poverty.
  • Ineffective approach to public safety: The NDP believes the bill exploits public fears about crime without addressing the root causes or implementing effective measures to improve public safety. They argue that the Conservatives ignore evidence-based solutions.
  • Rehabilitative approach needed: The NDP advocates for culturally sensitive and trauma-informed rehabilitation programs that support integration into communities. They highlight the importance of implementing truth and reconciliation calls to justice.
  • Bill undermines parole system: Bill C-325 would make all parole violations a new criminal offence and require parole officers to report all parole violations, no matter how minor, to the police and the Parole Board. This would only result in the early termination of parole which would eliminate supervision and any incentive to complete rehabilitation programs.

Bloc

  • Supports sending to committee: The Bloc supports sending Bill C-325 to committee for further study and potential improvement. Members expressed confidence in their colleague from Rivière-du-Nord's ability to make constructive contributions.
  • Addressing gaps in Bill C-5: The Bloc sees the bill as a way to address some of the issues in Bill C-5, which they believe was deeply flawed by combining distinct subjects. Members felt C-5 went too far in reducing mandatory minimum sentences, especially for crimes involving firearms, and removing the possibility of conditional sentences for certain offences.
  • Judicial discretion concerns: While supporting the bill's intent, the Bloc emphasizes the importance of judicial discretion and that Bill C-325's approach may impinge on the power of judges to determine appropriate sentences. Some members expressed concern that the bill's broad scope might lead to unintended consequences.
  • Potential for improvements: The Bloc suggests that the list of offences included in Schedules I and II of the bill should be reviewed, with the possibility of adding or removing specific offences. They also raised concerns about including Schedule II offences, related to drug trafficking, given their support for diversion measures for simple drug possession.

Liberal

  • Opposes Bill C-325: Liberal members stated their opposition to Bill C-325, arguing that it would negatively impact the criminal justice system.
  • Overincarceration concerns: The bill is expected to exacerbate the overincarceration of Indigenous, Black, and marginalized communities, and revert to failed Harper-era policies.
  • Trust in judicial discretion: Speakers expressed faith in judges' expertise to tailor punishments and prioritize rehabilitation, and argued that judges are in the best position to evaluate public safety risks.
  • Inconsistent with reconciliation: The bill is seen as contrary to the Truth and Reconciliation Commission's calls to action to reduce the overrepresentation of Indigenous people in custody and remove restrictions on conditional sentences.
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(The House resumed at 12:03 p.m.)

The House resumed from October 16 consideration of the motion that Bill C‑325, An Act to amend the Criminal Code and the Corrections and Conditional Release Act (conditions of release and conditional sentences), be read the second time and referred to a committee.

Criminal CodePrivate Members' Business

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

The Deputy Speaker Chris d'Entremont

The House will now proceed to the taking of the deferred recorded division on the motion at second reading stage of Bill C‑325, under Private Members' Business.

(The House divided on the motion, which was negatived on the following division:)

Vote #425

Criminal CodePrivate Members' Business

October 18th, 2023 / 5 p.m.

The Deputy Speaker Chris d'Entremont

I declare the motion defeated.

It is my duty pursuant to Standing Order 38 to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Sherwood Park—Fort Saskatchewan, Health; the hon. member for Saanich—Gulf Islands, The Environment.