Mr. Speaker, it is a privilege to rise today to speak to Bill C-242, the Conservative bill on Canada's bail system.
I want to begin with something that unites every member of this House. Regardless of party affiliation, Canadians deserve to feel safe and be safe in their communities. They deserve to walk their streets, send their children to school and go about their daily lives with confidence that the justice system is there to protect them. They deserve a system that holds repeat violent offenders accountable, that supports a victim and that functions effectively on the ground, not just in theory but in real practice.
The reality is that good intentions are not enough.
The question before us is not whether we strengthen bail. The question is whether we do it in a way that is effective, constitutional and actually implementable. On that question, Bill C-242 falls short, while our government's bill, Bill C-14, the bail and sentencing reform act, delivers. Let me be clear: Bill C-14 already achieves the objective that Bill C-242 aims to achieve. The difference is that our bill does so in a constitutional way.
It would introduce over 80 targeted reforms to the Criminal Code. It was developed in collaboration with provinces, territories, police leaders, victims, survivors and justice system experts. Most importantly, it has the support of all 10 premiers in this country, across party lines. That matters, because when it comes to bail, the provinces administer justice. They run the courts, they hire prosecutors and they oversee policing resources, so when all 10 premiers tell us that Bill C-14 strikes the right balance, we should listen.
Compare that to Bill C-242. How does it differ? It has a series of changes that do not really consider the operational realities of our justice system. It would duplicate measures that already exist in Bill C-14, which is now being studied at the Senate. Where it goes in a different way, it does so in ways that raise serious constitutional concerns and practical risks.
Let us start with one of the central proposals, the so-called removal of the principle of restraint. Bill C-242 proposes to eliminate it from the Criminal Code. On its face, that might sound appealing, but it is fundamentally flawed. Unlike some claims from the opposition, the principle of restraint does not come from the Criminal Code alone. It comes from the Supreme Court of Canada's decision in R. v. Antic. That means it is binding law under our common-law system. Even if we deleted it from the statute, it would continue to apply, so Bill C-242 would not actually change the law, but create confusion and risk clogging up the courts, as lawyers argue over a principle that still exists but is no longer clearly codified.
Our approach through Bill C-14 is far more effective. We clarify the principle of restraint. We make explicit that it does not mean automatic release. We make it clear that detention is appropriate where public safety is at risk. That is how we strengthen the law, instead of pretending we can erase binding Supreme Court jurisprudence.
Let us talk about repeat violent offenders, because that is where Canadians expect action. Bill C-242 would create a broad category of major offences and apply reverse onus provisions to these offences. Bill C-14 takes a different path. It would target the real problem by introducing reverse onus provisions for specific high-risk offences identified by police, provinces and municipalities, such as violent auto theft linked to organized crime, human trafficking, assault involving strangulation or extortion involving violence. This means that for these categories of offences, the starting point becomes detention, and it would be up to the accused to prove why they should be released on bail, rather than on the Crown to have to meet this high threshold.
Let us consider court capacity. Bill C-242 proposes that more accused persons must go through a judge for a bail hearing, removing the ability of the police to release individuals in a broader range of cases. It would also require that only judges grant bail in many situations. What would that mean in practice? It would mean more hearings, more delays, more pressure on already overburdened provincial courts, more strain on prosecutors and police resources and, most importantly, fewer guilty pleas. Provinces have been clear that they do not have the capacity for this kind of reform. Bill C-14 recognizes that reality and would maintain the existing framework while clearly guiding peace officers and the courts so that individuals who pose a real risk are not released.
Let me now turn to one of the most troubling aspects of Bill C-242, which is its treatment of non-citizens. The bill proposes mandatory passport surrender and distinct bail conditions based solely on citizenship status, but we are not the United States. In Canada, the charter guarantees “equality before the law”. Creating different bail rules for non-citizens risks violating these protections. It would open the door to legal challenges that could strike down these provisions entirely.
There is another concern here as well, one that goes beyond legal principles and speaks to who we are as a country. We must be very careful not to send the message that people who are not born in Canada are somehow more likely to be a threat to public safety. That is simply not true, and it risks unfairly stigmatizing entire communities that contribute every day to the strength of this country. Public safety is not advanced by dividing Canadians or by casting suspicion on newcomers. It is advanced by targeting real risks by focusing on behaviours, rather than identity. That is the standard Canadians expect from us, and it is one we must uphold.
This brings us to the broader contrast. Bill C-14 is the product of collaboration. Bill C-14 reflects input from the provinces, police, victim groups and experts, and it would deliver targeted reforms that are practical, constitutional and ready to implement. Bill C-242, in contrast, reflects a different approach. It is broad where it should be precise, it is rigid where it should allow judicial discretion, and in key areas, it proposes measures that legal experts, civil liberty organizations and constitutional lawyers would immediately flag as problematic.
Canadians expect better. They expect us to do the hard work of getting this right.
Let me say this directly to my colleagues opposite. If the goal is truly to strengthen bail and protect communities, then the path forward is clear. Bill C-14 is already before the Senate. It has the support of every single premier in this country, from the NDP premier in B.C. to the Conservative premiers in Alberta and Ontario and the nationalist premier in Quebec to the Liberal premier in New Brunswick, so why not deliver real tools to provinces and law enforcement, instead of advancing a bill that would duplicate what already exists and introduce unnecessary risks?
We all want safer communities and a justice system that works, but we must be honest about what will achieve that goal. Bill C-14 would strengthen bail in a way that is targeted, practical and constitutional. It reflects collaboration, not division. It would deliver results, not rhetoric. Bill C-242 would not meet those standards.
For those reasons, I urge all members of this House to support the serious and responsible work already undertaken in Bill C-14. I further call on my Conservative colleagues to press their Conservative colleagues at the Senate to expedite its passage so that law enforcement can begin using the tools they have clearly said they need to protect Canadians.