Mr. Speaker, I am speaking in response to Bill C-246, an act to amend the Criminal Code. It is private member's bill introduced by the hon. member for Lethbridge.
The bill would change the Criminal Code so that, when someone is convicted of two or more sexual offences at the same time, their sentences would have to be served one after the other. If that person was later convicted of another sexual offence, their new sentence would automatically be added on top of the sentence they are already serving for the earlier sexual offences.
Sexual offending is a profound violation that leaves lasting physical, emotional and psychological harm. These are not crimes that can be minimized or treated lightly. They require our justice system to respond with clarity, strength and accountability. The grave harm caused by sexual offending is one of the reasons the government is seeking to advance important criminal law reforms, including the recent bail and sentencing reform act, or Bill C-14, which has a view to reinforce community safety and strengthen Canada's justice system.
Bill C-14 represents a significant step forward in updating Canada's criminal justice framework to make bail law stricter and sentencing law tougher. The bill includes more than 80 targeted changes to the Criminal Code, the Youth Criminal Justice Act and other relevant acts, and all are directed toward delivering firm and fairer outcomes for everyone in Canada.
Bill C-14 includes an amendment that would require judges to consider consecutive sentences for repeat violent offenders, including repeat sexual violent offenders. A consecutive sentence means multiple prison sentences are served one after the other, with the total length of the sentence being the sum of the individual sentences imposed for one offence. This is different from a concurrent sentence, where multiple prison terms for different offences in a single sentence can be served at the same time.
If passed by Parliament, Bill C-14 would send a strong signal to the courts that longer sentences may be warranted in cases of repeat violent offending, while still allowing for individualized circumstances to be considered by the sentencing judge. Bill C-14 would capture a broad range of offenders, including anyone with a record for violent offences in the last five years, as well as a broad range of offences, such as any offence involving violence or threats of violence. It would include, but not be limited to, offences involving sexual violence. As a result of this proposal, courts would be required by law to consider consecutive sentences for repeat violent offenders, and failure to do so would be an error in law that could be appealed.
Bill C-14 would also make it more difficult for those accused of serious, violent and sexual offending to be released on bail. The general rule for bail is that, when a Crown prosecutor seeks the detention of an accused person, they must demonstrate to the court that there is just cause to detain the accused. This means the Crown has the responsibility to show the accused should not be granted bail.
However, in certain cases, the accused must show why they should be granted bail. This is referred to as reverse onus. In a reverse onus situation, an accused must be detained while awaiting their trial, unless they can demonstrate to the court that they should not be denied bail by showing that there is no just cause for their detention, meaning they are not a risk to public safety. A reverse onus demonstrates Parliament's intention that bail should be more difficult to obtain in cases where the accused might present heightened risk if released on bail.
Right now, the Criminal Code sets out reverse onus for several criminal offences, including for offences where the allegations involve violence against an intimate partner if the accused had been previously convicted or discharged of an offence where violence was used against their intimate partner. This reverse onus recognizes the fact that violence against intimate partners unfortunately tends to happen more than once, so those who have been previously convicted of such offences may pose increased safety risks to their victims if released on bail.
Building on this foundation, Bill C-14 includes a proposal to create a new reverse onus bail provision for assault and sexual assault involving choking, suffocating or strangulation. Evidence suggests this behaviour is indicative of potential escalation to homicide, particularly in the intimate partner context. The proposed reverse onus recognizes that those accused of such offending may present—