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)

Sponsor

Sean Fraser  Liberal

Status

This bill has received Royal Assent and is, or will soon become, law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

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;
(a.1) provide that a person must not be named as surety if the person was convictedof an indictable offence within ten years prior to a release order, except in certain circumstances;
(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, certain offences in the commission of which violence was allegedly used and that would constitute the accused's third or subsequent such indictable offence 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 cancelled, provide for circumstances in which they can be cancelled and allow for the review, by the court of appeal, of decisions to cancel such documents;
(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, mischief to property offences and assaults against public transit employees;
(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 Department of Justice Act to provide that the Minister must prepare an annual report on the state of judicial interim release in Canada.
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 or involving the use or trafficking of a firearm;
(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.

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-14s:

C-14 (2022) Law Preserving Provincial Representation in the House of Commons Act
C-14 (2020) Law Economic Statement Implementation Act, 2020
C-14 (2020) Law COVID-19 Emergency Response Act, No. 2
C-14 (2016) Law An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying)

Votes

June 12, 2026 Passed Time allocation for Bill C-14, An Act to amend the Criminal Code, the Youth Criminal Justice Act and the National Defence Act (bail and sentencing)

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-14 proposes reforms to Canada's bail and sentencing laws, including changes to reverse onus provisions, bail conditions, sentencing factors, and restrictions on house arrest, with the goal of increasing public safety.

Liberal

  • Stricter bail for repeat offenders: The party supports Bill C-14 to make bail harder for repeat and violent offenders by clarifying the principle of restraint and expanding reverse onus provisions for serious crimes, prioritizing public safety.
  • Tougher penalties for serious crimes: The bill introduces new aggravating factors for crimes against first responders, critical infrastructure, and organized retail theft, mandates consecutive sentences, and ends house arrest for serious sexual offenses.
  • Holistic strategy and collaboration: The legislation is part of a three-pillar strategy that includes stronger laws, increased frontline resources, and upstream crime prevention, developed through extensive consultations with all levels of government and stakeholders.

Conservative

  • Liberal policies created crime crisis: Conservatives argue Bill C-75's 'principle of restraint' and Bill C-5's removal of mandatory minimums led to a 'catch-and-release' system and a significant rise in violent crime.
  • Bill C-14 is weak and partial: Bill C-14 is a 'half measure' that fails to repeal the principle of restraint, restore mandatory minimums, ban house arrest for serious crimes, or mandate detention for repeat violent offenders.
  • Prioritize public safety and victims: Conservatives advocate replacing the 'principle of restraint' with a public safety primacy clause, presuming detention for serious violent crimes and repeat offenders, and restoring mandatory minimum sentences.

NDP

  • Bill C-14 raises concerns: The NDP expresses concern that Bill C-14 fails to address the root causes of crime, lacks resources for provinces, and risks disproportionately impacting Indigenous and marginalized communities.
  • Calls for evidence-based reform: The party emphasizes the critical need for standardized data collection on bail systems and reoffending to inform any legislative reforms, rather than acting without evidence.
  • Advocates for community solutions: The NDP proposes pragmatic solutions like expanding community-based bail supervision programs and providing on-demand drug, alcohol, and mental health treatment to address root causes of crime.

Bloc

  • Questions bill's effectiveness: The Bloc views Bill C-14 as a political response, questioning its necessity and effectiveness given that judges already possess tools for detention and pre-trial detention rates are already high.
  • Warns of risks to justice principles: The party is concerned the bill undermines the presumption of innocence, judicial discretion, and the principle of restraint, potentially leading to automatic justice and unconstitutional outcomes.
  • Emphasizes root causes of crime: The Bloc argues the government should focus on systemic issues like inadequate rehabilitation resources, slow court processes, the housing crisis, and federal underfunding of provincial justice systems.
  • Suggests targeted crime solutions: The party advocates for concrete actions against organized crime, including a registry and emblem ban, making gang recruitment illegal, and regulating the Jordan decision for serious crimes.

Green

  • Presumption of innocence: The party emphasizes that bail is for unconvicted individuals and fears Bill C-14's reverse onus could lead to jailing innocent people, undermining the presumption of innocence.
  • Lack of evidence for reform: There is no standardized federal or provincial data on how often people on bail commit crimes, making it difficult to base significant bail reform on evidence.
  • Broader justice system issues: Bail reform must consider underfunded provincial courts, overcrowded jails, and issues like sureties rarely paying out, as these are critical parts of the justice system.
  • Bail is not granted easily: Contrary to common perception, 71% of people in provincial and territorial jails who apply for bail do not receive it, indicating bail is not easily granted in Canada.
Was this summary helpful and accurate?

Bail and Sentencing Reform ActGovernment Orders

October 29th, 2025 / 4:05 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, I note that at the Canadian Civil Liberties Association, the director of the criminal justice program has pointed out that three successive ministers of justice have noted that we do not have any standardized approach to collecting data about how many people who apply for bail get it. The vast majority do not, and without standardized data, we are making reforms without necessarily having the evidence base we need.

I wonder if the hon. Minister of Justice has any comments on the question of whether we have a data and evidence base that is not driven as much by the very painful anecdotes but by evidence.

Bail and Sentencing Reform ActGovernment Orders

October 29th, 2025 / 4:05 p.m.

Central Nova Nova Scotia

Liberal

Sean Fraser LiberalMinister of Justice and Attorney General of Canada and Minister responsible for the Atlantic Canada Opportunities Agency

Madam Speaker, my friend and colleague from Saanich—Gulf Islands is right that there is a paucity of data when it comes to the administration of bail in Canada. Part of the reason is that we have different provincial systems with different challenges. We have challenges not only as to when a person may be released on bail and how often they may receive bail, but also as to the reasons behind those decisions.

This issue will require collaboration among the provinces to develop common standards and collect the data we need going forward, but at the same time, in the absence of a perfect dataset, we have the opportunity to work directly with the governments that administer the system and the law enforcement officials who work within the system day to day.

When there are nearly unanimous perspectives on certain changes posing very real problems in communities, it is incumbent upon me to listen to those who have the responsibility to deliver on the words included in the Criminal Code. To the extent that we can launch an initiative to better collect and share data in a disaggregated way about offenders who may pose risks, I would be more than willing to entertain a conversation as to what role the federal government may play in collaboration with provinces, which have the primary responsibility in this space.

Bail and Sentencing Reform ActGovernment Orders

October 29th, 2025 / 4:10 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, I rise on a point of order.

There has been some consultation, and I hope you will find unanimous consent for us to go back to questions on the Order Paper for less than a minute.

Bail and Sentencing Reform ActGovernment Orders

October 29th, 2025 / 4:10 p.m.

The Assistant Deputy Speaker (Alexandra Mendès) Alexandra Mendes

Does the hon. member have unanimous consent?

Bail and Sentencing Reform ActGovernment Orders

October 29th, 2025 / 4:10 p.m.

Some hon. members

Agreed.

The House resumed consideration of the motion that Bill C-14, An Act to amend the Criminal Code, the Youth Criminal Justice Act and the National Defence Act (bail and sentencing), be read the second time and referred to a committee.

Bail and Sentencing Reform ActGovernment Orders

October 29th, 2025 / 4:10 p.m.

Conservative

Larry Brock Conservative Brantford—Brant South—Six Nations, ON

Madam Speaker, before I start, I seek unanimous consent to split my time.

Bail and Sentencing Reform ActGovernment Orders

October 29th, 2025 / 4:10 p.m.

Bail and Sentencing Reform ActGovernment Orders

October 29th, 2025 / 4:10 p.m.

Some hon. members

Agreed.

Bail and Sentencing Reform ActGovernment Orders

October 29th, 2025 / 4:10 p.m.

Conservative

Larry Brock Conservative Brantford—Brant South—Six Nations, ON

Madam Speaker, I will be splitting my time with the member for Cariboo—Prince George.

It is always a pleasure to have the opportunity to speak on behalf of the fine constituents of my riding, and it is significant for me as a former participant in the criminal justice system for almost two decades. This is an issue that I have been pushing for, and it is an issue for which I have been advocating for change. Really, it is one of the rationales as to why I left the Crown attorney system in Ontario and sought to become a legislator, which was to make and pass laws that would improve community safety.

If we take a look at the last 10 years, we see rising crime rates, which is a very serious matter right across the country. I have embarked on a cross-Canada tour and engaged with all of the stakeholders we can imagine who would have a position on this. All of them were unanimous in what needs to be done. For the last four years, these stakeholders engaged in their own advocacy with the federal government, writing to not only the current justice minister but also former justice minister Virani to affect change. For four years, that was largely ignored.

We know how we got to this situation. I often get asked the question as to why the Liberals are so preoccupied with the rights of the accused at the expense of victims and community safety. I have never really had a concrete answer to provide without doing a bit a research, so I did that.

Surprisingly, this goes back almost 50 years, to the early 1970s. The Trudeau government, this time the government of Pierre Elliott Trudeau, appointed a solicitor general by the name of Jean-Pierre Goyer, who stood in the House of Commons, not this building but Centre Block, and proudly proclaimed in the House, at that time, his intention to stress the rehabilitation of individuals rather than the protection of society. That struck me as a wow moment, as it is the origin of the whacked out hug-a-thug mentality of the Liberal government in making it so much easier for them to conduct their trade.

We then heard from Justin Trudeau and his justice ministers, who said to not blame them, that they are simply following what the Supreme Court of Canada literally asked them to do to codify changes in bail with the passage of Bill C-75.

I have read those decisions, both in my professional capacity and, again, as a parliamentarian. Specifically, I am referring to the decisions of Antic, Zora and St-Cloud, which never instructed the federal government to do anything and never instructed it to codify any principle in the Criminal Code.

How criminal justice is administered in this country is that we follow the Criminal Code. We also bear in mind case law, the decisions of our lower courts, the decisions of our superior courts, the decisions of appellate courts and the decisions of the Supreme Court of Canada. That is how the administration of justice works.

Justin Trudeau and the current Liberal government did not have to do anything, but they did.

At the time, and this was 2019, I was in the trenches. I was dealing with bail court. I was asking myself why it has become exceedingly difficult. There would be an obvious case, such as when someone had proven themselves to be unreliable in making promises and to be a menace to not only themselves but also the community, but they were being released. Of course, we would get memos from our superiors in Ontario and Queen's Park, and, lo and behold, I found out that the federal Liberal government had changed the law, changed the direction and changed the trajectory of what bail court is all about.

This also instructed, in my view, all judges and justices of the peace who hear bail applications every single day to prioritize the release of the accused with the principle of restraint, releasing them at the earliest opportunity on the least restrictive conditions. That is and will always be the origin of catch-and-release. I lived it. I experienced it, and unfortunately, the rest of Canada is still experiencing it.

Then the Liberal government made it worse in 2022 when it decided it had to pass Bill C-5 to make it even easier and softer for criminals to get through the criminal justice system. It decided that, for all the most serious gun offences, to take away the mandatory minimum penalties and to give the ability to ask for conditional sentences for very serious offences. We all know the consequences. Then the government started to hear from the stakeholders, and again it promised that it was listening and would make some changes. Hence, it introduced Bill C-48, which increased reverse onus provisions in the Criminal Code. We know that did not have the desired impact.

When I look at Bill C-14, I see more reverse onus provisions, much like those in Bill C-48. I cannot say that this bill is Bill C-48 2.0, because it is not. I listened to the justice minister, who wants to provide some confidence to Canadians and victims that the Liberals are finally getting it right, that they are striking the right balance and that community safety is going to be paramount, but there is nothing in Bill C-14 that directs judges not to release in certain circumstances. It makes recommendations that they should not give primary consideration to early release, but it does not mandate that these dangerous repeat criminals should remain in custody. We all know what happens when we lock up the repeat violent criminals. It is that crime rates go down. In fact, when we look at Statistics Canada's statistics over the last 15 years, over the last four or five years of the Stephen Harper government, the crime rate went down significantly. When we look at that same graph, we see a spike the moment Justin Trudeau took government and every year thereafter.

I am not saying that Bill C-14 is going to be manna from heaven, because it is not. It is being supported by law enforcement, just like they supported Bill C-48, because, let us face it, law enforcement is desperate for something. I have spoken to all of the major stakeholders who are now saying in the media that they support Bill C-14. They have made recommendations to the government, and some have been captured, but not all. There are many avenues for improvement, and I would encourage the government, as it listens to the debate in the House and, ultimately, as it reviews it at committee, to look at the common-sense solutions in the member for Oxford's jail not bail act. That would provide direct instructions to judges on how to deal with repeat violent criminals.

If we start by scrapping the principle of restraint and replacing it with the principle of public safety and protection, that is an instruction that would telegraph to judges that, when they are dealing with a class of individual who has been on a number of releases or who has a criminal record, it shows repeated behaviour of not abiding by conditions, and the priority is on the protection of the community, not the convenience of the accused. I encourage the government to look at that.

Bill C-14 is good, but not good enough. Conservatives will make it better.

Bail and Sentencing Reform ActGovernment Orders

October 29th, 2025 / 4:20 p.m.

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, we all know that the Prime Minister made a solemn commitment to Canadians when he said that we would bring forward bail reform legislation. A phenomenal amount of work has been done in consultations with a wide spectrum of stakeholders, whether it was provinces, territories or indigenous leaders. There has been so much consultation on it. We now have substantial bail reform legislation before us. There are mayors, premiers and individuals who want to see Parliament act on this legislation.

Would the member not agree that it would be a wonderful thing to commit to seeing this bail reform legislation ultimately pass and even get royal assent before the end of the year?

Bail and Sentencing Reform ActGovernment Orders

October 29th, 2025 / 4:20 p.m.

Conservative

Larry Brock Conservative Brantford—Brant South—Six Nations, ON

Madam Speaker, it is optimistic for the member to suggest that the bill could be passed by the end of the year. I am hoping, as we consider it as an opposition party, that my friend's party would also consider reasonable amendments to improve the bill. I said that it is good, but it is not the best, and it can be improved.

My friend talks about a substantial bail reform package. I would disagree with the use of the word “substantial”. There is some relief here that law enforcement would like. The reality though, in practical terms, is that it would not separate out those offenders who should not be in consideration of getting bail. I encourage the member to read the proposed jail not bail act, which provides great counsel on that issue.

Bail and Sentencing Reform ActGovernment Orders

October 29th, 2025 / 4:25 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, the member's take on the legislation is fascinating. I know how hard he has worked in this area. I would be very grateful to share ideas for reasonable amendments.

My sense from the minister is that he and the government are open to amendments. My question to my hon. colleague is this: Has he also been asking to see how open the Liberals are to improve the bill through amendments?

Bail and Sentencing Reform ActGovernment Orders

October 29th, 2025 / 4:25 p.m.

Conservative

Larry Brock Conservative Brantford—Brant South—Six Nations, ON

Madam Speaker, could the member repeat her last line? I did not quite catch it. There was some talking in the background and I could not hear it.

Bail and Sentencing Reform ActGovernment Orders

October 29th, 2025 / 4:25 p.m.

The Assistant Deputy Speaker (Alexandra Mendès) Alexandra Mendes

Apparently there was some issues with the sound.

The hon. member for Saanich—Gulf Islands can repeat the question.