Bill C-14

Bail and Sentencing Reform Act

An Act to amend the Criminal Code, the Youth Criminal Justice Act and the National Defence Act (bail and sentencing)

This enactment amends the Criminal Code to, among other things,
(a) provide direction to peace officers, justices and judges when they apply the principle of restraint;
(b) require a justice, before making a release order or a detention order in respect of an accused, to consider whether the accused is charged with an offence in the commission of which random and unprovoked violence was used or attempted;
(c) require a justice to impose a condition prohibiting the possession of a firearm or other weapon, and to consider imposing other conditions, when making a release order in respect of an accused charged with the offence of extortion or any offence involving a criminal organization;
(d) require a justice to consider imposing certain conditions when making a release order in respect of an accused charged with an offence of motor vehicle theft or with the offence of breaking and entering a dwelling-house;
(e) create a reverse onus provision for any accused charged with the offence of motor vehicle theft involving violence, motor vehicle theft for a criminal organization, extortion involving violence, breaking and entering a dwelling-house, certain offences related to trafficking in persons or human smuggling or certain offences in which an accused is alleged to have choked, suffocated or strangled a complainant;
(f) expand the reverse onus provision to any person charged with a serious offence involving violence and the use of a weapon who has been previously convicted, within 10 years, of a serious offence involving violence and the use of a weapon;
(g) add the number or gravity of any outstanding charges against an accused as circumstances that a justice is to consider in assessing whether the detention of the accused is necessary to maintain confidence in the administration of justice;
(h) expand the circumstances in which the release documents that an accused is subject to may be canceled;
(i) create a reverse onus provision for any person who has been found guilty of certain offences if the prosecutor applies to vacate that person’s interim release order;
(j) create new aggravating factors to address repeat violent offending, offences against first responders, retail theft and theft and mischief to property offences;
(k) add new consecutive sentence provisions for repeat violent offences, motor vehicle theft offences and breaking and entering offences, and extortion and arson offences;
(l) require courts to give primary consideration to denunciation and deterrence of repeat motor vehicle theft offences, repeat breaking and entering offences and organized crime offences;
(m) restrict the possibility of imposing conditional sentence orders for sexual assault, and offences of a sexual nature or committed for a sexual purpose that involves a victim under 18 years of age;
(n) restore the availability of driving prohibitions for the offences of manslaughter and criminal negligence causing bodily harm or death; and
(o) improve the administration of justice as it relates to sentencing by increasing the penalty for contempt, enhancing the fine enforcement regime and expanding the availability of remote appearances in the mental disorder regime.
It also amends the Youth Criminal Justice Act to, among other things,
(a) clarify the definition of “violent offence” to mean, among other things, an offence in the commission of which a young person causes bodily harm;
(b) provide that the time a young person is unlawfully at large does not count towards time served for a youth custody and supervision order;
(c) enable police officers to publish identifying information about a young person in urgent situations where there is an imminent danger to public safety;
(d) clarify the process for the detention and release of young persons who are remanded for an alleged breach of a condition of their youth custody sentence while awaiting a review by the youth justice court;
(e) set out a period of access for records of extrajudicial measures, other than extrajudicial sanctions, and clarify the rules for records of investigations kept by police that did not result in a charge or extrajudicial measures; and
(f) make several technical sentencing amendments.
It also amends the National Defence Act to, among other things,
(a) improve the administration of military justice as it relates to sentencing by increasing the penalty for contempt;
(b) require courts martial to give primary consideration to denunciation and deterrence of offences involving criminal organizations; and
(c) create new aggravating circumstances to address repeat violent offending, offences against first responders, stealing for commercial purposes and certain property offences.
Finally, the enactment also includes transitional provisions and coordinating amendments.

Justice

[Jacques Ramsay, Liberal, Parliamentary Secretary to the Minister of Public Safety]

Mr. Speaker, the tragic death of Bailey McCourt shocked our communities and highlighted the urgent need to strengthen our justice system's response to domestic violence. Her life was cut short by an act of unparalleled brutality. I offer my deepest condolences to her loved ones. Today, we must honour her memory, but words are not enough. Concrete action must also be taken, and that is what this government intends to do.

Intimate partner violence is a serious and unacceptable crime that invariably has profound and lasting consequences for victims, families and communities. Between 2011 and 2021, police reported 1,125 gender-related homicides of women and girls in Canada. Of these homicides, Statistics Canada determined that two-thirds, or 66%, were committed by an intimate partner. These figures are not just data. They represent lost lives, broken families and human tragedies that demand a strong, coordinated response.

That is exactly why this government took action. As far back as 2019, through Bill C-75, the government strengthened bail provisions in cases of intimate partner violence. That legislation introduced a reverse onus at the bail stage for anyone accused of a violent offence against an intimate partner, particularly when the accused had previously been convicted of such an offence, in other words, when the accused is a repeat offender. It also required courts to consider prior convictions for intimate partner violence when determining whether the accused could be released and, if so, under what conditions. Finally, the law expanded the definition of intimate partner to include not only married and common-law spouses, but also dating partners. It is shameful that the Conservatives want to repeal that legislation.

Our government's efforts do not stop there. Today, the federal government tabled Bill C-14, the bail and sentencing reform act. This bill proposes sweeping reforms to make bail laws stricter and toughen sentencing laws for violent and repeat offenders. It is also designed to support law enforcement and invest in long-term prevention. These reforms are the outcome of extensive consultations with the provinces, territories and key stakeholders, including police departments, law societies and victim support organizations.

Bill C‑14 focuses on offenders who pose a serious danger to public safety. When an accused person is seeking bail, in certain situations, the onus will now be on them to prove that they do not pose a risk to the victim or to society. This is known as a reverse onus. It applies to certain offences where the accused choked, suffocated or strangled the victim.

The police must deny release if it is contrary to the public interest or if detention is necessary to protect victims and witnesses. Courts will also have to take into account specific factors, such as whether the violence was random or unprovoked, and whether there are any outstanding charges.

Bailey McCourt's death is a stark reminder that, behind every court case, there is a family and a community forever marked by the loss of a loved one. The—

Keeping Children Safe Act

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, if the member wants to talk about the bail issue, there is Bill C-14. This is a private member's bill, and the member who put it forward put a great deal of effort and time into it. There are only two hours of debate. I would ask—

Strengthening Canada's Immigration System and Borders Act

[Sherry Romanado, Liberal, Parliamentary Secretary to the Minister of National Defence]

Mr. Speaker, I would like to thank my colleague across the way for his speech. We have had the great pleasure of working together over the last 10 years on multiple files, one of which he mentioned in his speech.

He referenced somebody who may or may not be on the Hill and in the chamber today. While this is not about Bill C-12, I did want to flag to him, which I think he will be happy to hear, that in the legislation tabled this morning, Bill C-14, on page 19, in proposed subclause 39(1), injury to first responders was added. That was in a private member's bill he brought forward in the last Parliament. I just wanted to let him know that.

As he is very passionate about this, would he be willing to work with our government to make sure that when we hopefully get Bill C-12 to committee, we have some amendments—

Business of the House

[Steven MacKinnon, Liberal, Minister of Transport and Leader of the Government in the House of Commons]

Mr. Speaker, I can assure my friend that ministers and the Prime Minister are in Ontario meeting with Premier Ford, members of the business community, and the private sector. We take these matters very seriously. The Minister of Natural Resources, the Minister of Industry and others continue to work with communities, unions and employers to challenge the decisions the big auto companies have announced, which we obviously regret very much and are determined to make good on for the people of Ontario and the people of Canada.

This afternoon, we will continue with the fourth day of debate at second reading of Bill C-12, concerning the security of Canada's borders and the integrity of the Canadian immigration system.

Tomorrow and Monday, we will debate Bill C-3, which would amend the Citizenship Act, at report stage. Our hope is to deal with third reading of this bill on Wednesday of next week.

Next Tuesday, we will call Bill C-13, an act to implement the protocol on the accession of the United Kingdom of Great Britain and Northern Ireland to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, which was introduced by the Minister of International Trade earlier this week.

Next Thursday, we will begin second reading debate on Bill C-14 on bail and sentencing, which was proudly introduced this morning by the Minister of Justice.

Justice

[Stéphane Lauzon, Liberal, Argenteuil—La Petite-Nation, QC]

Mr. Speaker, our government has kept its word. The Minister of Justice tabled Bill C‑14 to strengthen bail and sentencing provisions. This bill will ensure that no sex offender will be able to serve their sentence at home. Bill C‑14, which was developed in collaboration with the provinces, territories and law enforcement, puts victims at the heart of our justice system.

Can the Minister of Justice explain how this bill actually protects the public and holds repeat violent offenders fully accountable?

[Chi Nguyen, Liberal, Spadina—Harbourfront, ON]

Mr. Speaker, the government was elected with a decisive mandate to keep violent repeat offenders off our streets. While the Leader of the Opposition was attacking the brave men and women of the RCMP, calling them “despicable”, the Minister of Justice was working with provinces, territories and law enforcement to develop solutions-focused bail and sentencing reforms. Today, the minister has tabled Bill C-14, the bail and sentencing reform act.

Can the minister explain how this bill will ensure the safety of our communities and keep dangerous offenders behind bars?