Mr. Speaker, I will be sharing my time with the member for Nunavut.
I am pleased to speak today to Bill C-14, the bail and sentencing reform act, which proposes amendments to the Criminal Code to strengthen Canada's bail and sentencing laws by tightening release provisions for repeat and violent offenders and ensuring that serious crimes would be met with sentences that reflect their gravity. I would like to focus my remarks today on the proposed changes to the conditional sentence order regime, which is commonly referred to as house arrest.
Conditional sentencing was introduced in 1966 to reduce the overreliance on incarceration and correctional institutions by allowing judges, in appropriate circumstances, to order that a sentence of imprisonment be served in the community under strict conditions. The Supreme Court of Canada has affirmed that conditional sentences are designed to combine the objectives of denunciation and deterrence with the rehabilitation and reintegration of the offenders. Judges must impose conditions that reflect this balance.
Such conditions can include curfews, mandatory counselling, abstention from alcohol or drugs, abstention from owning weapons, and frequent reporting to a supervisor. Breaching any condition can result in the offender being placed in custody to serve the remainder of the sentence. To qualify for such an order, a number of conditions must be met. Number one, an offender must receive a sentence of less than two years. Number two, the court must be satisfied that serving their sentence in the community would not endanger public safety. Number three, such a sentence must be consistent with the fundamental purpose and principles of sentencing.
The Criminal Code imposes other limitations on the availability of conditional sentences even if those conditions are met. Specifically, conditional sentences cannot be imposed for offences that carry a mandatory minimum term of imprisonment, or for offences related to terrorism or criminal organizations, when prosecuted by indictment and the maximum penalty is 10 years' imprisonment, or for the offences of attempted murder, advocating genocide and torture.
Bill C-14 proposes to add new restrictions to the conditional sentence regime to ensure that that conditional sentences would no longer be available for serious sexual offences, including those involving children. In particular, conditional sentences would no longer be available for the following offences: sexual assault when prosecuted by indictment; sexual assault with a weapon; threats to a third party causing bodily harm; aggravated sexual assault; and sexual exploitation of a person with a disability when prosecuted by indictment. In addition, any offence that is of a sexual nature involving a victim under 18 years of age would be ineligible for a CSO when prosecuted by indictment.
These proposed changes to the availability of conditional sentences are measured and deliberate. They would maintain the conditional sentencing option for low-risk offenders in appropriate cases, while reaffirming that sexual violence and exploitation demand more significant consequences.
In my view, these changes are important and necessary. Although appellate courts across the country have affirmed that conditional sentences are not appropriate for sexual offending, there have been a number of decisions in which courts have nevertheless ordered conditional sentences for serious sexual offences, including cases involving minors or vulnerable victims. Given the profound harm these crimes inflict on victims and the need for sentences that clearly denounce such conduct, I am supportive of the proposed amendment to restrict conditional sentences in that type of offending.
Additionally, the proposed changes were to respond to concerns raised by a number of partners and key stakeholders, including the provinces and territories, about the availability of conditional sentences for offenders convicted of sexual assault and other serious sex offences, particularly when those crimes involve children or other vulnerable persons. Partners and stakeholders have been clear and consistent in their views. Conditional sentences should never be available for sexual offences of this nature, and especially not for those committed against minors.
Bill C-14 would respond directly to these calls to reform. It represents constructive federal-provincial collaboration to ensure that sentencing laws strike the right balance between judicial discretion, public safety and society's confidence in the administration of justice. The proposed amendments also respond to the lived experience of victims and survivors. Many of them have described the retraumatization that can result when they learn that an offender has remained in the community after conviction. For survivors, seeing a person found guilty of sexual offences serving a sentence at home can undermine confidence in the justice system and deter others from coming forward.
Let me be clear. Conditional sentences can be an important pathway to accountability and reintegration, but only when the circumstances of the offence and the offender make that outcome consistent with justice and public safety. In some cases, though, conditional sentences are simply not appropriate and send the wrong signal.
In closing, I would like to convey that Bill C-14 represents necessary and responsible criminal law reform. It demonstrates that Parliament can respond thoughtfully to emerging challenges in the justice system by refining the law to reflect both fairness and accountability. It strikes the right balance so that our sentencing framework remains coherent, consistent and worthy of public trust.
For those reasons, I urge all members to support the swift passage of Bill C-14, a set of reforms that reaffirm our collective commitment to a justice system that stands for victims, protects communities and preserves the integrity of the justice system. In doing so, we send a clear message that fairness and safety can reinforce each other and that the criminal justice system in Canada will always remain both principled and strong.