Mr. Speaker, across Canada our constituents, like mine in Scarborough—Agincourt, are voicing concerns about violent crime, repeat offending and the safety of their communities. These concerns are rooted in real experiences and in a desire to have a justice system that protects the public and upholds the rule of law. That is why I rise today to talk about Bill C-242, the jail not bail act, as part of a broader national conversation about how our bail system should function: how it can best manage risk, promote accountability and maintain confidence in the administration of justice.
Bill C-242, introduced by the hon. member for Oxford, proposes a number of amendments to the Criminal Code and the Department of Justice Act. Among other measures, the bill would expand reverse onus provisions for certain violent offences, restrict release by peace officers for major crimes and modify the standard at bail hearings for assessing risk.
Specifically, Bill C-242 seeks to make public protection a guiding principle in all bail decisions. It would expand the list of offences for which an accused must demonstrate why they should be released, adding a range of serious violent crimes to existing reverse onus provisions. It would also prevent individuals charged with major indictable offences, such as homicide, kidnapping or sexual assault, from being released by a peace officer following arrest.
In addition, the bill proposes that only a superior court judge would be able to determine bail for someone charged with a major offence while already on release for another, reflecting the heightened risks involved in repeat offending. The bill would also prohibit anyone convicted of an indictable offence in the past 10 years from acting as a surety, and it would require non-citizens to surrender their passport as a condition of release.
Finally, it would lower the threshold for assessing risk, changing the standard from a substantial likelihood of reoffending to what is reasonably foreseeable, and it would require explicit consideration of an accused person's criminal history when determining bail.
The bill's proposal to give paramount importance to public safety above other principles of bail deserves close scrutiny, and we are committed to doing that, but we cannot be reactive. We must strike the right balance.
By elevating public safety above all other factors, we risk overlooking cases where the accused does not pose a danger to the community but may present other risks, such as flight risk. In such circumstances, a narrow focus could paradoxically lead to the release of individuals who should remain in custody, while also eroding long-standing principles of bail. Moreover, public safety is already a well-established ground for detention under existing law, so it is unclear what additional value the proposal would actually add to the existing framework.
People in Canada expect their justice system to be firm, fair and focused on safety. They expect that individuals who pose a real threat to others will be dealt with decisively and that victims and communities will be protected. The government shares that commitment. The government has taken and will continue to take strong, targeted action to make Canada's bail system more responsive to the risks posed by repeat violent offenders.
In 2024, Parliament passed reforms that were supported unanimously by provinces and territories. These changes made it more difficult for individuals charged with serious violent offences, particularly those involving firearms or other weapons, to obtain bail. They addressed real concerns with community safety and responded directly to the concerns raised by police services and provincial and territorial leaders across the country.
At the same time, the government knows that supporting first responders is an essential part of ensuring community safety. Police officers, paramedics, firefighters, correctional officers and health care workers face violence and danger as part of their daily work. Through Bill C-3, Parliament took action to protect those who protect us. That legislation amended the Criminal Code to create tougher penalties for assaults against health care workers and first responders. It sent a clear and unequivocal message that violence against the people serving our communities is never acceptable.
Bill C-3 was also part of a broader approach that recognizes the complexity of these challenges. It strengthened the justice system not only through penalties but also through education and awareness, ensuring that our judges, law enforcement officers and service providers have the tools and the understanding they need in order to respond effectively.
However, the government's work did not stop there. Recently the Prime Minister announced that the government would bring forward new legislation to strengthen bail provisions for organized crime-related offences, including auto theft, home invasion and human trafficking. These measures are designed to address the kinds of high-risk, repeat behaviour that most undermine public safety and confidence.
As Parliament continues its study of Bill C-242 and other proposed reforms, it is important that our discussions remain grounded in evidence, guided by collaboration with provinces and territories and focused on the shared goal of keeping Canadians safe.
Public safety and public confidence depend not only on the laws we pass but also on how those laws are implemented, monitored and enforced. That is why the government continues to prioritize data collection, transparency and accountability in the bail system, so we can identify what works, close the gaps and ensure that the system delivers on its promise of protection and fairness.
Law enforcement remains on the front line of this effort. Police services across the country are adapting to increasingly complex cases involving firearms, organized crime and repeat violent behaviour. The federal government continues to work closely with police associations and provincial counterparts to ensure that officers have the legal tools and the operational resources they need in order to keep people in Canada safe. That co-operation is essential because public safety cannot be achieved in isolation; it requires co-ordination among all levels of government and clear communication among the courts, police and the communities they serve.
We must also recognize that public confidence in the criminal justice system is as much about visibility as it is about outcomes. People in Canada need to see that justice is being done, that bail decisions are informed by fact, that breaches are enforced and that high-risk offenders are monitored closely. Transparency in these processes helps restore trust, and trust is the foundation on which our entire justice system depends.
People in Canada deserve a justice system that reflects both firmness and fairness, one that distinguishes between people who can be safely managed in the community and those who cannot. They deserve to know that when someone poses a serious risk to public safety, the system will respond swiftly, decisively and effectively. That is the approach the government continues to take.
Through legislation such as Bill C-3, recent bail reforms and the Prime Minister's announcement on reforming the bail system, the government is acting to strengthen public safety while upholding the principles of justice that define this country.
Public safety will always be a top priority for the current government. People in Canada expect no less. As we consider proposals for reform, including the ones before us today, we must continue to work together to ensure that our laws remain strong, fair and effective in keeping our communities safe.