Jail Not Bail Act

An Act to amend the Criminal Code and the Department of Justice Act

Sponsor

Arpan Khanna  Conservative

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

Status

Defeated, as of March 25, 2026

Subscribe to a feed (what's a feed?) of speeches and votes in the House related to Bill C-242.

Summary

This is from the published bill.

This enactment amends the Criminal Code in order to
(a) replace the principle of restraint in section 493.1 of the Act with the principle of protection of the public;
(b) add the protection of the public as a consideration in decisions on the release of an accused;
(c) add several violent indictable offences to the list of reverse-onus offences in subsection 515(6) of the Act for the determination of judicial interim release;
(d) create a list of major offences, composed of violent reverse-onus offences;
(e) prevent those charged with a major offence from being released after arrest by a peace officer;
(f) require that only a superior court judge may determine, on a reverse-onus basis, whether to permit the interim release of an accused if the accused was charged with a major offence while they were on release in respect of another major offence and if they were convicted of a major offence in the last ten years;
(g) provide for the expiry of the interim release of an accused upon their conviction of an indictable offence while they await sentencing;
(h) prohibit those who have been convicted of an indictable offence in the last ten years from being named as a surety;
(i) require that a justice assessing judicial interim release consider whether or not an accused is a Canadian citizen or a permanent resident and, if not, whether they may attempt to leave the country;
(j) make it a condition that those who are not Canadian citizens or permanent residents deposit their passports in order to be released whether by a peace officer after arrest or by a justice on judicial interim release; and
(k) change the standard of assessment under paragraph 515(10)(b) of the Act of whether an accused, if released, will commit an offence or interfere with the administration of justice from a “substantial likelihood” to “whether it is reasonably foreseeable” and require that the criminal history of an accused be taken into consideration.
It also amends the Department of Justice Act to require the Minister of Justice to prepare and table in Parliament an annual report on the state of judicial interim release in Canada.

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-242s:

C-242 (2022) Law Reuniting Families Act
C-242 (2020) An Act to amend the Employment Insurance Act (illness, injury or quarantine)
C-242 (2020) An Act to amend the Employment Insurance Act (illness, injury or quarantine)
C-242 (2016) An Act to amend the Criminal Code (inflicting torture)

Votes

March 25, 2026 Failed 2nd reading of Bill C-242, An Act to amend the Criminal Code and the Department of Justice Act

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-242, the jail not bail act, proposes amendments to the Criminal Code, including prioritizing public safety in bail decisions, expanding reverse onus provisions for violent offences, and restricting release for major crimes.

Conservative

  • Repeal liberal bail policies: The Conservative party argues that current Liberal bail policies, particularly the "principle of restraint", have led to a rise in violent crime and prioritize criminals over victim and community safety.
  • Prioritize public safety: Bill C-242 repeals the "principle of restraint" and replaces it with a "principle of public safety" as the primary consideration for bail, aiming to end the default-to-release culture.
  • Toughen bail for serious offenses: The bill introduces a "major offences" category with reverse onus, lowers the reoffending risk threshold to "reasonable foreseeability", and tightens rules for repeat violent offenders, sureties, and non-residents.

Bloc

  • Opposes bill C-242: The Bloc Québécois will vote against Bill C-242, viewing it as a populist measure that undermines democratic principles and the independence of justice institutions.
  • Upholds presumption of innocence: The party is committed to the presumption of innocence as a fundamental principle of the justice system, cautioning against any actions that could lead to mob justice.
  • Criticizes conservative approach: The Bloc criticizes the Conservative Party for capitalizing on fear and injecting populism into institutions with Bill C-242, rather than seeking balance or nuance.
  • Offers crime fighting proposals: The party proposes creating a registry for criminal organizations, facilitating asset seizure, prohibiting insignia displays, and criminalizing the recruitment of young people into crime.

Liberal

  • Bill C-242 raises constitutional concerns: The Liberal party questions the constitutionality of Bill C-242, arguing it is redundant and risks being struck down by courts, which would waste time and resources.
  • Advocates for a balanced bail approach: The party advocates for a balanced approach to bail reform, ensuring public safety while upholding other justice principles and avoiding the release of individuals who pose a flight risk.
  • Promotes Bill C-14 for comprehensive reform: The government's Bill C-14 offers comprehensive reform with new reverse onus provisions for serious violent and organized crimes, stricter release conditions, and harsher sentences for repeat offenders.
  • Focuses on evidence, collaboration, transparency: The party emphasizes that reforms must be grounded in evidence, guided by collaboration with provinces and territories, and supported by data collection, transparency, and accountability for effective implementation.
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Jail Not Bail ActPrivate Members' Business

March 23rd, 2026 / 11:55 a.m.

Conservative

Arpan Khanna Conservative Oxford, ON

Mr. Speaker, I would like to request a recorded division.

Jail Not Bail ActPrivate Members' Business

March 23rd, 2026 / 11:55 a.m.

The Assistant Deputy Speaker John Nater

Pursuant to Standing Order 93, the division stands deferred until Wednesday, March 25, at the expiry of the time provided for Oral Questions.

Sitting SuspendedJail Not Bail ActPrivate Members' Business

March 23rd, 2026 / 11:55 a.m.

The Assistant Deputy Speaker John Nater

This sitting is now suspended to the call of the Chair.

(The sitting of the House was suspended at 11:56 a.m.)

The House resumed from March 23 consideration of the motion that Bill C-242, An Act to amend the Criminal Code and the Department of Justice Act, be read the second time and referred to a committee.

Jail Not Bail ActPrivate Members' Business

March 25th, 2026 / 3:50 p.m.

The Speaker Francis Scarpaleggia

The House will now proceed to the taking of the deferred recorded division on the motion at second reading stage of Bill C-242 under Private Members' Business.

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

Vote #91

Jail Not Bail ActPrivate Members' Business

March 25th, 2026 / 4:05 p.m.

The Speaker Francis Scarpaleggia

I declare the motion defeated.

I wish to inform the House that because of the deferred recorded divisions, the time provided for Government Orders will be extended by 47 minutes.