Mr. Speaker, I am here today to speak to the bail and sentencing reform act, one of the most comprehensive updates to Canada's bail and sentencing laws in decades.
I have the privilege of representing one of Canada's safest communities, with an overall crime severity index that is the sixth-lowest among Canadian cities. It is an improvement from our ranking as eighth-lowest in 2023 and a dramatic improvement from our ranking of 19th-lowest in 2018, but Guelph used to be the safest city in Canada, and we are seeing a concerning rise in some serious crimes.
I want to take the opportunity to thank the people in community organizations that work to prevent crime by addressing root causes and that support victims of crime, and of course Guelph Police Service for its excellent work in our community. It is a collaboration.
People in Guelph and across Canada do not just want an improvement in the statistics; they expect and deserve that their communities should feel safe. They want to be safe. They expect a justice system that protects victims, supports the people on the front lines and holds repeat and violent offenders to account, and I agree with them. People expect all levels of government to take steps to ensure that these things happen. The new government is playing its part.
The bail and sentencing reform act would introduce over 80 clauses of targeted reforms to strengthen both our bail and our sentencing regimes to respond to this reality. This comprehensive and constitutional bail reform is more than a motion or a slogan, and it is not a warmed-over version of failed U.S. policies. It is the result of extensive engagements with the provinces and territories, police, prosecutors, victims' advocates, indigenous partners, and community organizations. Through these discussions, it became clear that one of the most urgent areas for reform was the bail system, particularly for cases involving repeat and violent offenders.
Let us talk about bail reform first. Over the past several years, people in Canada have seen too many tragic headlines about violent crimes committed by individuals who were already out on bail, sometimes with a long history of prior offences. Police, mayors and victims' advocates have all told us that the bail system was not working as it should in these cases.
The bail and sentencing reform act would address these criticisms head-on. In fact, Michael Gendron of the Canadian Police Association has said, “Front-line police have long called for pragmatic reforms to strengthen Canada's bail and sentencing framework. This legislation is an important and timely step to improve public safety and restore confidence in our justice system.”
The Canadian Association of Chiefs of Police welcomes the introduction of Bill C-14, calling it “a landmark piece of legislation that strengthens Canada’s response to repeat and violent offenders, organized crime, and threats to public safety.”
Why do we have the support of these police associations and so many mayors and community organizations? First, it is because Bill C-14 would make bail stricter and harder to get for repeat and violent offenders.
The bill would create new reverse onus provisions, meaning it would be up to the accused person to demonstrate why they should be released, and not the other way around. In particular it would create new reverse onus provisions for violent and organized crime-related auto theft; break and enter of a home; trafficking in persons; human smuggling; assault and sexual assault involving choking, suffocating or strangulation; and extortion involving violence. This is intended to help ensure that the people who pose the greatest risk to public safety would remain in custody until it is proven they can be safely released.
The bill would offer clarity to police and courts regarding how to apply the principle of restraint. This includes clarifying that the principle would not in fact require release and that an accused person should not be released if their detention is justified, including for the protection and safety of the public.
At the bail stage, courts would be required to consider key risk factors, such as whether the allegations involve random or unprovoked violence, and the number or seriousness of any outstanding charges that the accused has accumulated while on bail. Specifically, courts would need to assess whether releasing the accused person would undermine confidence in the justice system. They would also have to impose weapons prohibitions at bail for people accused of extortion and organized crime, unless this is not required.
Importantly, in reverse onus cases, the accused would have to present a credible and reliable bail plan. Courts would need to closely scrutinize those plans before granting release.
These reforms are about protecting the public and ensuring accountability for those who repeatedly show disregard for the law and the safety of others in a way that balances the charter rights of people accused of a criminal offence. However, making bail is stricter is only part of the solution.
Our sentencing laws also need to reflect the gravity of violent crimes and the harm done to victims and communities. The bill therefore proposes significant sentencing reforms to make penalties tougher for repeat and violent offending, including car theft, extortion and crimes that endanger public safety. For example, the act would require consecutive sentences when violent auto theft is committed with a break and enter, or when extortion is committed with arson. This means that offenders would serve one sentence after another rather than serving them at the same time, which may result in a longer penalty's being imposed.
The bill would also enact new provisions concerning aggravating factors, and I think we can all agree on that. Sentencing would be tougher for crime against first responders, which would be an egregious crime; retail theft, which is growing and concerning; and offences that impact critical infrastructure such as power stations, water systems or communication networks, on which we all depend.
The bill would end house arrest for serious sexual assaults and child sexual offences, ensuring that custodial sentences are served in a secure setting appropriate to the severity of the crime. The bill would restore driving prohibitions for offences like criminal negligence causing bodily harm or death, or manslaughter. It would also improve fine enforcement to make sure that penalties are meaningful and are able to be enforced.
As all members know, the criminal justice system in Canada is a shared responsibility. I want to thank the provinces and territories, which have been strong advocates for these reforms. They have shared their on-the-ground experience with repeat violent offending, and they have helped shaped a package of measures that is practical, targeted and grounded in evidence. I look forward to seeing provincial investments in courthouses, detention facilities and mental health services to ease existing backlogs and speed up trials.
The proposed amendments are very focused in nature to clarify areas that have led to litigation and uncertainty and to assist the provinces in administering sentences and making some other technical improvements.
The bail and sentencing reform act is part of a broader modernization of Canada's justice system and action on community safety. Bill C-2 and Bill C-12 would tackle auto theft, money laundering, human trafficking and drug trafficking. We will introduce anti-scam measures in the coming months. We will bring forward further changes to address court delays, strengthen victims' rights and better protect people facing sexual and intimate partner violence, as well as take new steps to keep children safe from horrific crimes. These are all issues that are close to my heart.
Canadians deserve to be safe in their homes, on their streets and in their communities. They deserve a justice system that protects the innocent, supports victims and holds offenders accountable. The bail and sentencing reform act would deliver on that commitment. lt would balance firmness with fairness, and it would strengthen bail and toughen sentencing.
These changes would underscore that a strong Canada means strong communities and a justice system that works for everyone. They would occur in parallel with investments in upstream prevention of crime, such as in housing, mental health and youth supports, to reduce petty crime and property crime before they happen. We are cracking down on the people who pose the highest risk to community safety, while investing in prevention so fewer people turn to crime in the first place.