Mr. Speaker, as Secretary of State for Combatting Crime, I appreciate the opportunity to debate this motion. Public safety and our bail and sentencing laws play a critical role in the criminal justice system. These are some of the most important laws that are supposed to ensure not only that justice is served but also that Canadians are safe in their communities.
Over the past years, Canadians have raised legitimate concerns about violent crime and repeat offending. These concerns are real, and our government is working hard with law enforcement, Crown attorneys and other levels of government across this country to act on them. It is encouraging to see alignment between the Conservative opposition and the newly elected Liberal government when it comes to improving public safety, including through the adoption of stronger laws to build safer communities.
I have good news for my colleagues. The Minister of Justice will be introducing legislation during this parliamentary session to comprehensively change parts of the Criminal Code and other aspects of the criminal justice system. These comprehensive changes would strengthen bail reform in this country, to have harsher, longer sanctions for violent offenders and to make sure we have the support to help keep communities safe with direct investments in law enforcement.
As set out in our 2025 electoral platform, our government is committed to strengthening the Criminal Code bail provisions to make it onerous to obtain bail for those charged with violent or organized crime related to auto theft, home invasion, trafficking in persons, human smuggling and drug trafficking. Our government is also committed to adding a requirement for courts to impose a firearms or weapons prohibition when granting bail to anyone charged with an organized crime-related offence.
Our government has committed to reforming Canada's sentencing regime to better address repeat and violent offending. More specifically, the 2025 electoral platform includes commitments to change the law to direct courts to give primary consideration to the principles of denunciation and deterrence when determining a sentence for anyone who has numerous convictions. That means courts would have to primarily consider a sentence that would deter repeat offenders. It includes commitments to broaden sentencing tools by allowing consecutive sentences for violent or organized crime-related auto theft.
The Prime Minister followed up on these electoral commitments when he agreed to strengthen the Criminal Code bail and sentencing laws during the June 2 first ministers meeting. Later that month, the Minister of Justice also announced publicly that bail and sentencing reforms will be forthcoming this fall to address growing concerns of repeat and violent offending at all stages of the criminal justice process. Over the summer, the Minister of Justice, the Minister of Public Safety and I undertook significant engagement with the provinces and territories, law enforcement and legal stakeholders alike to inform and develop these reforms.
Now, although looking to future solutions is important, it is equally important to look to the past and to properly understand our criminal justice system and the current state of the law. For example, despite a persistent narrative that former Bill C-75 was soft on crime, I want to highlight that it explicitly strengthened the Criminal Code bail provisions as they relate to intimate partner violence. Former Bill C-75 made it more onerous for individuals previously convicted of intimate partner violence to obtain bail. This change was based on research suggesting that victims of intimate partner violence face a higher risk of violence from their intimate partners after charges are laid. This was a critical step in recognizing the unique risks posed by repeat offenders in intimate partner violence cases and in ensuring that survivors are protected.
More recently, in 2023, Parliament unanimously enacted former Bill C-48 in response to a new and pressing challenge: growing concerns about repeat violent offending involving firearms and other weapons at the bail stage. The former Bill C-48 amendments were not developed in isolation. They too were the result of extensive collaboration with the provinces and territories. They also responded directly to calls for reform from premiers across the country.
Among other changes, former Bill C-75 created a reverse onus at bail to better address the heightened public safety risks posed by those accused of repeat violent offending with firearms and other weapons. That meant that violent offenders with firearms now had to prove they deserve bail, as opposed to the previous process through which the Crown was having to prove why someone should not receive bail.
This presented a significant change that reflected the seriousness of this type of offending and the need to ensure that the courts would turn their minds to the unique public safety risks that those charged with this type of offending might present. Former Bill C-48 also strengthened the intimate partner violence reverse onus. The bill expanded the reverse onus to also apply to anyone who had been previously discharged, and not just those convicted, of an offence involving intimate partner violence.
Before moving on to what the government has committed to doing, I want to address another area of criminal law that generates significant commentary: conditional sentence orders, or CSOs. A CSO is a sentence that allows an offender to serve a term of imprisonment in the community under certain conditions. They are only available when the sentence is less than two years and when the court determines that it does not pose a risk to public safety or conflict with sentencing principles. CSOs cannot be imposed for offences that involve mandatory minimums, terrorism, criminal organization offences with indictable minimums of 10 years or more, advocating genocide, torture or attempted murder.
The current CSO rules stem from former Bill C-5, which was presented in 2022. This bill strictly made mention that courts may only impose CSOs when consistent with community safety and sentencing principles. CSOs must remain proportionate to the gravity of the offence and the offender's responsibility, and provide adequate denunciation and deterrent. The government has heard concerns that CSOs have been increasingly used for sexual offences in some lower courts. Even though appellate courts hold that they rarely represent proportionate sentences, our government continues to monitor the impacts of former Bill C-5 and will consider further refinements to ensure community safety and public confidence.
As crime evolves, so must our laws. This is why the Minister of Justice will be advancing additional bail and sentencing reforms this fall.
I would now like to turn to an aspect of our bail system that often gets overlooked, and that is the matter of shared responsibility between federal and provincial and territorial governments. While federal legislation sets the laws governing bail, the effectiveness of our bail system depends largely on how it is administered. Provinces are responsible for appointing provincial judges and judges who conduct most bail hearings, who are in some provinces are called justices of the peace; overseeing the operation of police services, which are responsible for supervising individuals who are released on bail; and enforcing any conditions of release.
Provincial investments in community-based supports and supervision programs to reduce the risk of reoffending at the bail stage are also critical to ensuring that our bail system works as intended. Provinces and territories also hold the key to improving our understanding of bail outcomes. Right now, the provinces do not keep the bail data needed to ascertain whether our bail system is failing. Provincial leadership in improving data collection, and reporting is necessary to ensure effective evidence-based law reform at the federal level. It is an issue that I have brought up with every provincial representative I have met. Bail data will be crucial in understanding the fight against the cracks in our bail system.
In my speech so far, I have addressed several areas where reverse onuses have been imposed, such as cases involving firearm-related offences. We have yet to know whether that has had a positive impact or not. I fear, as we continue to make other reforms, that perhaps we may not understand fully whether they are having the impact Parliament intends.
Further to that, the provinces administer the bail courts. Earlier this year, Brampton mayor Patrick Brown, on behalf of Ontario's Big City Mayors, wrote a letter to the Province of Ontario sounding the alarm on cases being withdrawn, discharged or dismissed. It was almost over 50% of cases. This is shocking.
Highlighting the need for more Crown attorneys to try these cases more quickly, more judges to hear them and more spaces in jails to put criminals away is crucial. Comprehensive criminal justice reform must include all levels of government coming to the table and doing their part. We are ready to do our part and to work with the provinces and territories that are ready to do theirs.
The changes I mentioned will help with our immediate issues, but if we are serious about reducing crime and seeing improvements of public safety, we must look beyond our criminal law system as well. Public safety begins with prevention. It requires supporting our youth, investing in communities and addressing the social conditions, including poverty, addiction, mental health and housing. Bail reform is but one piece of the complex puzzle. Lasting change requires a broader commitment to equity, opportunity and support.
All orders of government must work together to build an effective justice system that distinguishes between those who pose a genuine risk and those who can be safely managed in the community. People in Canada deserve a justice system that protects them all. They deserve laws that are clear, consistent and effective. They also deserve a justice system that works and that is firm but fair. They also deserve a government that listens, responds and acts, and we will do exactly that.
I also want to make mention of the opposition finally showing a shred of common sense, though it is long overdue. In Bill C-242, which is mentioned in today's motion, the Conservatives quietly removed the reckless American-style, far right, three-strike scheme they ran on in the last election. Empty slogans based on sporting rules will not foster a robust criminal system and keep Canadians safe. Canadians deserve real solutions that are guided by working collaboratively with law enforcement, attorneys and other levels of government. That is exactly what our comprehensive bill would do.
I pause here to comment on the way this motion is drafted. It claims that the Liberal government promised to pass criminal justice reform six months ago but has failed to do so. That is strange. Just last week, we introduced Bill C-9, the combatting hate act, which includes targeted Criminal Code provisions to address hate crimes, which are on the rise. The bill passed second reading yesterday evening on a deferred division and is now heading to committee for further study.
Over the summer, the Minister of Justice has been hard at work studying ways to improve our laws by consulting closely with his provincial counterparts, law enforcement, police chiefs and police associations. Meanwhile, the Conservative leader was busy fighting for his own job and then parachuted into Alberta, after being catastrophically rejected by Canadians across the country and in his own former riding of Carleton. However, it seems he has not learned any lessons from that rejection. He continues to act recklessly, prioritizing political posturing over meaningful, evidence-based criminal justice reform.
Let us reject slogans and oversimplifications. Slogans such as “jail not bail” may sound tough, but they do not get us any closer to solving the problem. Real solutions require real work. They involve strengthening laws, improving enforcement, investing in data, devoting resources to addressing the root cause of crime and ultimately building a justice system that works for everyone.
Let us embrace real solutions that are evidence-based, collaborative and grounded in the values of fairness and accountability. That is the path forward. That is the commitment of the government. That is what Canadians deserve and expect.