More sentencing choices for judges
S-208 An Act to amend the Criminal Code (independence of the judiciary)
Allows judges to change prescribed sentences and requires written reasons before handing down mandatory minimum prison terms.
What Bill S-208 would do
The bill would amend the Criminal Code to give judges the discretion to vary punishments prescribed in law for criminal offences. Courts would have to consider all available options and provide written reasons before imposing mandatory minimum prison sentences or parole ineligibility periods. The bill would also let judges choose treatment or counselling programs for offenders, remove the requirement for government consent to delay sentencing, and require judges to consider jury recommendations when setting parole ineligibility for murder.
Official summary
This enactment amends the Criminal Code to give a court the discretion to vary the punishment to be imposed in respect of an offence for which the punishment — or different degrees or kinds of punishment — is prescribed in an enactment. It requires a court to consider all available options before imposing a minimum punishment of imprisonment or period of parole ineligibility under a provision of any Act of Parliament, and to provide written reasons for imposing a minimum punishment of imprisonment or period of parole ineligibility.
It gives a court discretion in the treatment or counselling program that a person who has been found guilty of an offence may attend and removes the requirement for the Attorney General to give their consent in order to delay sentencing under subsection 720(2) of the Criminal Code . It provides that a judge is to take into consideration the recommendation of the jury in setting the period of parole ineligibility for a person who has been found guilty of first or second degree murder. Available on the Senate of Canada website at the following address: www.sencanada.ca/en 1st Session, 45th Parliament, 3 Charles III, 2025 SENATE OF CANADA BILL S-208 An Act to amend the Criminal Code (independence of the judiciary)
- Kind
- Senator's bill
- Sponsor
- Kim Pate, Senator
- Introduced
- in the Senate
- Last activity
Where it stands
- ProposedMay 28, 2025
- Being debatedsince May 28, 2025 Exact stageAt second reading in the Senate · since May 28, 2025MPs or senators are debating it in the chamber where it started.
- Almost law
- Law
First debate in the Senate: 1 day so far
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First reading in the Senate done
Before the Senate on 1 sitting day,
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Second reading in the Senate now
Before the Senate on 1 sitting day,
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Third reading in the Senate not yet
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First reading in the House not yet
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Second reading in the House not yet
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Committee in the House not yet
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Report stage in the House not yet
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Third reading in the House not yet
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Royal assent not yet
Exact procedural stages
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Senate
- First reading in the Senate: done, 2025-05-28
- Second reading in the Senate: current stage
- Third reading in the Senate: not yet reached
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House
- First reading in the House: not yet reached
- Second reading in the House: not yet reached
- Committee in the House: not yet reached
- Report stage in the House: not yet reached
- Third reading in the House: not yet reached
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Royal assent
- Royal assent: not yet reached
Debates in the House 0
No debate on this bill is in the record we hold yet (Senate debates are not covered).