Introduced as a private member’s bill. (These don’t often become law.)
Status
Defeated, as of May 22, 2024
Subscribe to a feed (what's a feed?) of speeches and votes in the House related to Bill C-381.
Summary
This is from the published bill.
This enactment amends the Criminal Code to: (a) amend mandatory minimum penalties in relation to the offence of extortion, including when the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization; and (b) add arson as an aggravating factor for the purposes of sentencing when a person is convicted of extortion.
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-381s:
C-381 (2017)
An Act to amend the Judges Act (bilingualism)
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-381 aims to amend the Criminal Code to combat extortion by establishing mandatory minimum prison sentences for those convicted of the crime. The bill proposes a three-year minimum sentence for extortion, a restored four-year minimum for extortion with a firearm, and a five-year minimum for extortion committed for the benefit of a criminal organization. It also seeks to designate arson as an aggravating factor in extortion sentencing.
Conservative
Strong support for bill C-381: The Conservative party strongly supports Bill C-381, aimed at increasing penalties for extortion. They believe it will reverse the damage caused by Liberal soft-on-crime policies and restore safety to communities.
Increase mandatory minimum sentences: The Conservatives advocate for mandatory minimum sentences for extortion, including three years for a general conviction, five years for those acting on behalf of gangs, and four years for extortion with a firearm. They criticize the Liberals for eliminating mandatory jail time for extortion with a firearm.
Criticism of Liberal policies: The party is critical of the Liberal government's justice policies, blaming them for an increase in crime rates, including extortion, auto theft, and gun violence. They argue that Liberal policies such as Bill C-5 and C-75 have weakened the justice system and emboldened criminals.
Arson as aggravating factor: The Conservatives specifically highlight the inclusion of arson as an aggravating factor in extortion cases within Bill C-381. They emphasize the need to address the severe impact arson has on victims and communities, enhancing penalties to reflect the trauma and destruction caused by such acts.
NDP
Oppose mandatory minimums: The NDP opposes mandatory minimum sentences, arguing they are ineffective as a deterrent and disproportionately impact marginalized communities. They believe resources should instead be devoted to enforcement and prosecution.
Existing laws sufficient: The NDP argues that the bill is redundant because the Criminal Code already addresses extortion, particularly when related to criminal organizations. They point to existing sentencing principles that allow judges to consider aggravating factors.
Focus on prevention: The NDP prefers focusing on preventing crime by supporting policies that deter individuals from joining gangs, providing police with necessary tools and intelligence, and reversing cuts to RCMP organized crime units to enhance law enforcement capabilities.
Bloc
Supports bill in principle: The Bloc supports the bill in principle, appreciating its aim to reinstate mandatory minimum sentences for extortion, especially those involving firearms. They believe this aligns with ranking the severity of crimes and ensuring appropriate penalties.
Contextual approach needed: The Bloc is in favour of abolishing minimum sentences, but not for the same reasons as other colleagues in the House: mandatory minimum sentences do not take into account the context in which the crime was committed and it removes the potential discretion judges should have.
Safety valve for judges: The Bloc proposes including a provision allowing courts to depart from mandatory minimum sentences in exceptional circumstances. This would provide a safety measure, allowing judges to consider individual circumstances and ensure justice.
Focus on prevention: The Bloc emphasizes addressing the root causes of crime through border control, education, social integration, and socio-economic support. They advocate for providing opportunities for people to succeed within the law and offering second chances, while firmly denouncing violence.
Liberal
Oppose mandatory minimum penalties: Liberals argue that MMPs are ineffective at deterring crime and have a disproportionate impact on Black and Indigenous people. They cite evidence and expert opinions, including that of a former legal advisor to a Conservative Prime Minister, to support their position that MMPs are a failed policy.
Existing laws sufficient: The Liberal speakers emphasized that the current Criminal Code already provides a robust framework for addressing extortion, with significant penalties, including life imprisonment. They believe judges should have the flexibility to tailor sentences based on the specific circumstances of each case.
Bill C-5 achievements: Liberals highlighted that the bill would reverse the reforms introduced by Bill C-5, legislation aimed at addressing systemic racism and discrimination in the criminal justice system. Reinstating MMPs would undermine efforts to reduce the overincarceration of marginalized communities.
