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.

Bail and Sentencing Reform Act

[The Assistant Deputy Speaker (Alexandra Mendès), Alexandra Mendes]

Questions and comments, the hon. member for Drummond.

[Martin Champoux, Bloc, Drummond, QC]

Madam Speaker, my colleague made several interesting points in her speech.

First, she said that the Liberals are not going to change the Constitution just because they do not like a law. In that regard, I would like to draw the House's attention to Bill 21, which was passed by the Quebec National Assembly and which the government is challenging all the way up to the Supreme Court because it disagrees with this use of the notwithstanding clause.

There is not just that. My colleague also said that this should not be a partisan debate, when she spent half her speech attacking the Conservatives' positions and saying that they are making this a partisan issue.

I would like to mention, once again, that the Bloc Québécois supports the idea of Bill C‑14. We want to send it to committee to debate it because the Conservatives and the Bloc Québécois have some ideas for improving it. I think this is an important issue that all parties should have a say in.

There is also another thing that the Liberals are not doing and that they should be doing to keep Quebeckers and Canadians safe, and that is addressing the issue of judicial vacancies. They have been slow to appoint judges, which means that the number of detainees and inmates awaiting trial in prison is growing. That does not help address issues of violence.

Does my colleague think that perhaps, at some point, the government could shake a leg and speed up the non-partisan, neutral appointment of judges?

[Patricia Lattanzio, Liberal, Saint-Léonard—Saint-Michel, QC]

Madam Speaker, this bill includes a number of reforms to the Criminal Code. In addition, the government has been very clear. We want to have more resources in our courts. Specifically, a number of judges need to be appointed. In fact, I mentioned that in my speech. It is an approach and a reform that will of course require additional resources.

However, those resources are the responsibility of the provinces. As members are aware, the federal government writes the laws, but it is up to the provinces to administer the justice process.

[Lori Idlout, NDP, Nunavut, NU]

Uqaqtittiji, I mentioned already that we all know about the overrepresentation of indigenous and racialized people in the correctional system. This bill would broaden the reverse onus on many of the categories that are indigenous and marginalized people.

I wonder if the member can share what supports will be established for those who are still quite oppressed under the current system.

[Patricia Lattanzio, Liberal, Saint-Léonard—Saint-Michel, QC]

Madam Speaker, once again, we have made it very clear that resources will be allocated to ensure that all provinces will be ready to do their work. Mental health criteria will be looked at, so we can ensure the jails are not overpopulated with people who do not benefit from the reverse onus—

[The Assistant Deputy Speaker (Alexandra Mendès), Alexandra Mendes]

We have to resume debate.

The hon. member for Mont-Saint-Bruno—L'Acadie.

[Bienvenu-Olivier Ntumba, Liberal, Mont-Saint-Bruno—L’Acadie, QC]

Madam Speaker, I rise today in support of Bill C‑14, an act to amend the Criminal Code, the Youth Criminal Justice Act and the National Defence Act. This is a bill that is of paramount importance for public safety, public trust in our legal institutions, and the fundamental balance of justice and responsibility in Canada.

Bill C‑14 seeks to address a concern that is largely shared by Canadians to ensure that our bail system remains fair, credible, effective and consistent with today's reality.

Over the past few years, we have seen an increase in cases where individuals charged with or sentenced for serious violent crimes have been released on bail, and some of them have gone on to reoffend, with tragic outcomes. This undermines public confidence and weakens the very principle of justice, which is grounded in the safety and security of all Canadians. It is precisely this imbalance that Bill C‑14 seeks to address while at the same time safeguarding the fundamental rights guaranteed by the Canadian Charter of Rights and Freedoms.

Bill C‑14 enhances the rigour of the bail process for the most serious crimes, including random violence, the use of firearms, extortion, breaking and entering, and motor vehicle theft involving violence. It introduces reverse onus provisions for certain offences, which means an accused must justify why they should be released pending trial. This does not constitute an arbitrary limitation of the right to defend oneself against charges, but rather, it is a measured response in situations where public safety must come first.

The enactment of this legislation would require justices of the peace to consider the gravity and frequency of offences when making a decision. This measure will strengthen judicial decisions across the country and provide clear benchmarks depending on the gravity and repeat offending.

Bill C‑14 is not limited to punishment; it also addresses prevention. Requiring that primary consideration be given to denunciation and deterrence in cases of repeat violent offences, organized motor vehicle theft, and breaking and entering sends a clear message that there will be zero tolerance for gratuitous violence and organized crime.

This bill also retains the spirit of justice and rehabilitation, which is a hallmark of the Canadian system. It clarifies the definition of “violent offence” in relation to young offenders, while ensuring that mechanisms for bail and supervision reflect the gravity of the offence and the need for rehabilitation. It also protects the public's right to information in emergencies and enables law enforcement agencies to disclose a young person's identity where there is an imminent danger. This is a common-sense, balanced and proportionate measure.

Bill C‑14 also introduces new aggravating factors for crimes committed against first responders, the women and men who risk their lives every day to keep us safe. Professionals like police officers, firefighters, paramedics, and correctional officers deserve not only to be recognized, but also to be better protected under the law. This bill turns that recognition into concrete action.

The bill also modernizes the National Defence Act by aligning sentences and principles of deterrence with those in the civilian system, while respecting the specific nature of the military context.

It strengthens how fines are managed, facilitates remote appearances in certain circumstances and makes sentences more consistent for contempt of court offences. These are technical, but essential, adjustments to ensure a more effective and swifter justice system that is more in tune with the reality on the ground.

Bill C‑14 is not a partisan response. It is a call for collective responsibility. Public safety, confidence in the justice system and social stability are not partisan issues, but rather shared Canadian values. This bill reflects the government's willingness to listen to the concerns of citizens, first responders, municipalities, provinces and territories.

It is not a question of pitting justice against compassion; it is a question of reconciling them. By supporting this bill, we are saying that the right to safety is as fundamentally important as the right to freedom.

Bill C‑14 is a decisive step toward a more consistent, more robust and more humane justice system. It protects our communities, supports our law enforcement agencies, holds offenders accountable and modernizes our institutions. Supporting this bill means supporting a Canada where freedom is exercised in accordance with the law, where compassion meets responsibility and where justice means safety for all.

I therefore invite my colleagues from all parties to support Bill C‑14 so that together we can build a justice system that lives up to the Canadian values of safety, justice and respect for human dignity.

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

Madam Speaker, I have a question with respect to the bill and the clamping down on the availability of conditional sentences. In our respective view, this is a partial admission of the failures of the introduction of Bill C-5, which allowed for conditional sentences to be served for very serious offences. I recognize that Bill C-14 mentions sexual offences and sexual offences against children, but there is another problem in this country, and that is fentanyl. It is a scourge and there is an opiate crisis in our country.

Why did the government choose to not clamp down on the availability of conditional sentences for traffickers of fentanyl? Case law has deemed them to be merchants of death.

[Bienvenu-Olivier Ntumba, Liberal, Mont-Saint-Bruno—L’Acadie, QC]

Madam Speaker, the bill will be studied in committee, where it can be debated and amended. I am asking my colleagues to support this bill so that we can craft a piece of legislation that reflects Canada.

We have implemented measures at the border with the United States to address the fentanyl crisis, but I believe there are still challenges on that front.

However, we need to restore order at home and this bill corrects things in order to maintain order in a way that reflects Canadian values.

[Alexis Brunelle-Duceppe, Bloc, Lac-Saint-Jean, QC]

Madam Speaker, I have a very simple question. In my colleague's opinion, what kind of risk could the new bail rules pose in terms of regional or systemic disparities?

[Bienvenu-Olivier Ntumba, Liberal, Mont-Saint-Bruno—L’Acadie, QC]

Madam Speaker, I thank my colleague for his decidedly technical question.

We are now in the early days of a bill that is going to be read and sent to committee for amendment. We are updating things that were not prepared or adjusted properly during previous Parliaments. We have a new government. We have a new bill.

With the support of the Bloc Québécois, the Conservatives and the other parties in the House, I think we will be able to turn this bill into a shared undertaking for Canada and ensure proper justice across the country.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, I would like to commend my friend for raising an aspect of the legislation that is so critically important, which is recognizing our first responders. It is something that is important to the member. I know the fine work our firefighters and paramedics do for us day in and day out is also important to Canadians in all regions of the country.

Could the member provide his thoughts on how important it was to have first responders incorporated into this legislation?

[Bienvenu-Olivier Ntumba, Liberal, Mont-Saint-Bruno—L’Acadie, QC]

Madam Speaker, in my opinion, first responders are very important, given all that they have done from the COVID‑19 pandemic to this day. These men and women play a crucial role in our society, all across the country, from coast to coast to coast. I felt it was important that we talk about them this morning in the House to support Bill C‑14. I think it is important to include them in this bill.

[Rosemarie Falk, Conservative, Battlefords—Lloydminster—Meadow Lake, SK]

Madam Speaker, on October 6, the member across the way had the opportunity to vote to scrap Liberal bail, the catch-and-release ridiculousness that criminals are enjoying across this country, some of them repeatedly. I have heard in a few speeches today that the Liberals are claiming criminal justice is a non-partisan issue.

I am just wondering why the member opposite voted against our motion, which would have kept violent criminals behind bars.

[Bienvenu-Olivier Ntumba, Liberal, Mont-Saint-Bruno—L’Acadie, QC]

Madam Speaker, I am not sure if my colleague listened carefully to my speech, but I am pretty sure I talked about regulating bail procedures, because that is very important. This bill updates and fixes things that were not properly regulated before. I believe that we are here not to play partisan games, but to do what is right for Canada.