Bail and Sentencing Reform Act

Bill C-14, Bail and Sentencing Reform Act · Senate amendments · now law Where it stands

What the law does

The law changes bail and sentencing rules in the Criminal Code, the Youth Criminal Justice Act, and the National Defence Act. It places the burden on people accused of certain violent offences, car theft, or home break-ins to show why they should be released on bail. It also adds new aggravating factors for sentencing repeat violent offenders and those who target first responders, and restricts conditional sentences for sexual assault. The law makes other changes to youth justice rules and military justice.

Official text (opens in a new tab)

10 statements

Kevin Lamoureux, Parliamentary Secretary to the Leader of the Government in the House of Commons

Liberal
“I want the Conservatives to stop blocking this bail reform bill. The police support it. I want to know why the member opposes this bill and another justice bill when the police back them.”
Official Hansard

Mr. Speaker, bail reform has been on the agenda for months. I can recall standing in this place six months ago, as I indicated earlier, pleading, begging and offering leave for this legislation to pass. Constantly, the Conservative Party puts up a roadblock. The Prime Minister made an election platform commitment to bring in bail reform legislation. The member says he checks with the RCMP on a regular basis. Has he asked how the RCMP feels about Bill C-14, the bail reform legislation? Law enforcement, as a whole, has been exceptionally supportive of Bill C-14. Has the member asked about lawful access, another piece of legislation that the Conservative Party has indicated it is going to be voting against? How does the member justify or reconcile those two issues?

Mark Gerretsen, Kingston and the Islands

Liberal
“The member for Bow River avoided answering what the police told him about bail reform. He will not answer because the police support this bill, and he disagrees with them.”
  • Question or comment in debate

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    This statement targeted a person rather than their actions or views: “That is why he does not want to answer it”.

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Official Hansard

Mr. Speaker, the member for Bow River did not answer the question of the parliamentary secretary. In his speech, he said he spoke with RCMP all the time. The parliamentary secretary asked what the RCMP told him about bail reform and lawful access. In his answer, in which he ironically first started off by accusing Liberals of never answering the question, he then skated around the whole question and talked about what his constituents are saying to him. Why do we not ask the member again what the RCMP has been saying to him? He will not answer that question because law enforcement is wholly behind this bill. That is why he does not want to answer it. Will he just come to terms with the fact that he is at odds with the RCMP and law enforcement on this?

Marilyn Gladu, Sarnia—Lambton—Bkejwanong

Liberal
“Why is it a good idea to change the date this bill becomes law?”
Official Hansard

Mr. Speaker, the member spoke about the Senate amendments. One of them recommends changing the bill’s coming into force date. Why is that a good idea?

Kevin Lamoureux, Parliamentary Secretary to the Leader of the Government in the House of Commons

Liberal
“I want the House to pass this bail reform bill before summer. Cities, police, and my constituents all want it to keep our communities safe. The Conservatives need to stop delaying our crime bills and vote for this one.”
Official Hansard

Mr. Speaker, I will be sharing my time with the member for Sarnia—Lambton—Bkejwanong. I want to take this opportunity to share a few very important observations. I have always felt very passionately in terms of the residents of Winnipeg North advocating and sharing with me about the issue of crime. This is something I feel very strongly about. In the last federal election, people at the doors were genuinely concerned about crime. I am very proud of the fact that, during the election, Canada’s newly elected Prime Minister made a commitment to deal with the issue of crime in a very proactive way. He committed to bringing forward bail reform legislation, and that is exactly what we have before us today. Going even further than that, the Prime Minister and this government made a commitment to strengthen our criminal laws and take action where we can to make our communities safer and healthier. The Prime Minister often talks about building a strong and healthy Canada that is going to be there to serve all Canadians and that all Canadians are able to access. A part of that means feeling that sense of security in the communities we represent. We have brought forward a series of pieces of legislation. Members will recall that, back in November or December, I stood in my place, literally begging and pleading with the Conservatives to allow Bill C‑14, which we are debating today, to pass. Bill C‑14 is all about bail reform legislation. This is something that has been supported by municipalities and law enforcement agencies. Most importantly from my perspective, this is something the constituents in Winnipeg North want to see. I believe that every member of the Liberal caucus will advocate for the need for bail reform and, like me, feel frustrated, to a certain degree, with the amount of opposition and filibustering that we have seen. Back in November, as I indicated, I was virtually begging the Conservatives to allow the legislation to pass. Six months later, once again, we have the legislation before us. This is something that has to pass before the summer. Members can talk to municipalities, law enforcement, Crowns, provinces and, most importantly, the people of Canada, who all want it. We should deliver. This House has the ability to do that today. It is not only about Bill C‑14 for me. As I indicated, the government has put forward a series of legislative initiatives to build safer communities. I could talk about Bill C‑9, which deals with hate propaganda and protecting us in different ways, in particular our churches, mosques, temples, synagogues and gurdwaras, and making sure people have access to those facilities. I could talk about Bill C‑16, which the Conservatives have come out in opposition to. Let us take a look at what Bill C‑16 does: recognizing the issue of femicide in a very strong and powerful way, raising it to a first-degree murder in certain situations virtually automatically. We can talk about coercive behaviour, again, with one spouse using coercive behaviour that leads to certain situations. For my constituents, it is all about reinstating a number of mandatory minimums. Recognizing that this is something our constituents want to see, I am disappointed because I would have thought there would be unanimous consent in the House, but the Conservatives have made the decision to vote against that legislation. I can talk about Bill C-22, which stems from Bill C-2. We could not get Bill C-2 passed back in September. We tried all last fall. Ultimately, we had to break it up. Bill C-22 incorporates a part of Bill C-2 that we continue to push, yet we get resistance from the Conservative Party. It is all about lawful access. It deals with things such as the exploitation of children and extortion. We hear a great deal about those issues. Law enforcement, in particular, want to see lawful access. Canada is the only country of the Five Eyes nations that does not have lawful access. The reason we do not have it today is that the members across the way in the Conservative Party refuse to allow that legislation to pass. We had Bill C-12, legislation that I am grateful we were able to pass, which enhances our border control and helps deal with asylum. Again, it was legislation that had to be reintroduced because Bill C-2 was legislation the Conservatives just would not consider passing. If we go back to Bill C-2, we see aspects of it that we have not been able to secure passage of. I am thinking of the issue of individuals putting fentanyl into envelopes and mailing them anywhere in Canada. We do not have the authority to search those envelopes. I articulated extensively on why this is important. If Conservatives believe there are issues around drug abuse, particularly in dealing with things like fentanyl, I would think they would recognize the value of this legislation and, at the very least, allow it to pass. It is one of the ways we can deal with fentanyl. I am disappointed that the Conservative Party still has not changed its position on it. In fact, many members of the Conservative Party have stood in their place and mocked me personally on the issue, not fully understanding its significance and its importance. The bail reform legislation deals with things such as protecting first responders if there is an aggravated situation. These are the people on our front lines, whether police, paramedics or firefighters. This is something we know Conservatives tell first responders they support. We could have passed it last fall because it is incorporated in the legislation. What is interesting is that some speakers today talked about how the government is not passing their private members’ bills. This Prime Minister has likely seen and supported more opposition private members’ bills than in the entire four years of Stephen Harper. The current leader of the Conservative Party did not pass anything back then unless it was a Conservative measure. Bailey’s law is a Conservative measure. We looked at it, saw the benefits and saw it go through, even when we had the majority and could have prevented it. I can assure the members opposite that is what Stephen Harper would have done. I can tell the House something about the Prime Minister. Under his leadership, we have seen laws related to the crime file. Members cannot identify a prime minister in generations who has done more to fight crime and work collaboratively with provinces and law enforcement than this Prime Minister. Members cannot name another prime minister who has brought forward so much in the legislative agenda. We have even taken into consideration certain aspects of Private Members’ Business. At the end of the day, I would ask my Conservative friends to stop filibustering, to stop looking at their own politically vested interests of raising money and so forth and to get behind and support good legislation.

Kevin Lamoureux, Parliamentary Secretary to the Leader of the Government in the House of Commons

Liberal
“Conservatives transferred more prisoners from maximum to medium security when they were in power than anyone else. They change what they say now that they are in opposition. Also, our Prime Minister and many of our MPs were elected just over a year ago, so the member cannot blame us for the past.”
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Official Hansard

Mr. Speaker, I have two quick points. First, the member might not necessarily be aware of this, but let me tell him about it. The highest number of prisoner transfers from maximum security to medium security happened when his leader, today’s leader of the Conservative Party, was in government. That is the reality. Now they are in opposition, and they have other ideas. It is truly amazing. They say one thing in opposition and another when they are in government. Second, I can assure the member that this Prime Minister was elected only just over a year ago. The member might want to bring up the previous years, but he cannot accuse this Prime Minister and this government, which was elected just over a year ago, when we have over 70 new Liberal MPs.

Guillaume Deschênes-Thériault, Madawaska—Restigouche

Liberal
“We promised to make our communities safer. Since then, we have introduced bills to make bail harder to get, punish repeat violent offenders, protect victims, and give police better tools. I want to know what my colleague thinks of this work.”
Official Hansard

Mr. Speaker, last year, in our election platform, we wrote: “A strong Canada means strong protections in our communities and a Criminal Code which is responsive to emerging issues and protects victims of crime and keeps our kids safe.” Since then, we have introduced several bills: Bill C‑14 makes it harder to get bail and imposes harsher penalties on criminals, particularly violent and repeat offenders; Bill C‑16 better protects victims of crime; and Bill C‑22 gives law enforcement access to the tools they need, particularly to fight crimes committed using modern technology. We have also introduced legislation to strengthen security at our borders. I would like to ask my colleague what he thinks about the work we have done over the past year to fulfill the campaign promises we made to make our communities safer.

Kevin Lamoureux, Parliamentary Secretary to the Leader of the Government in the House of Commons

Liberal
“Our goal is to protect victims and make our communities safer. This is why our party is making crime laws a top priority.”
Official Hansard

Mr. Speaker, the core message I want to get across is that the motivating factor goes beyond the election platform; it is all about victims and making our communities safer. That is where I believe the thrust has come from in terms of pushing forward what is likely the most aggressive legislative agenda dealing with crime in generations. I can assure members that every Liberal member of Parliament sees this as a top priority. It is all part of building Canada strong.

Kevin Lamoureux, Parliamentary Secretary to the Leader of the Government in the House of Commons

Liberal
“Stopping crime like car theft is a job for both the federal government and the provinces. Manitoba solved a big car theft problem years ago by working together. Our government is changing the law to help, but we still need to work with the provinces and the police to keep people safe.”
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Official Hansard

Mr. Speaker, I think we need to recognize that justice is a shared responsibility, and I will use the example of auto thefts. Jurisdiction is with both the federal government and the provincial government, and we must not underestimate the importance of law enforcement. In Manitoba, I think it was from about 2004 to 2007, we had the highest per capita vehicle theft rate by a long shot. While we were able to work with Ottawa, it was the province and MPI that were able to resolve the situation. The short of it is, we recognize that the federal government has to play an important role. This government, under this Prime Minister, is doing exactly that by demonstrating leadership and bringing in the legislative changes that are necessary. We need to continue now to work with our provincial and law enforcement agencies to make our communities safer.

Marilyn Gladu, Sarnia—Lambton—Bkejwanong

Liberal
“I want the House to pass this bill quickly. It will keep violent repeat offenders in jail instead of letting them out on bail. It also creates harsher sentences for crimes against first responders, car theft, and sexual assault.”
Official Hansard

Mr. Speaker, it is a pleasure to rise to speak to Bill C-14, as well as the Senate amendments that have come forward. I will start off by talking about the importance of passing this legislation quickly and getting it into law. I will then give a bit of detail about the Senate amendments and my thoughts on those before I sum it up. First of all, I want to say that this is not a partisan issue. Every Canadian wants to be safe in their community and safe in their home. It does not matter which party we come from; we all think that. Every Canadian is tired of seeing violent repeat offenders out on the streets when they should be behind bars. In my riding of Sarnia—Lambton—Bkejwanong, we had a very tragic incident happen recently at Lambton College, where an innocent student, Dane Nisbet, was shot by someone who has been involved in crime previously, and he died. He was 20 years old. People in my community are outraged now because the perpetrator has been let out on bail. This is why Bill C-14 needs to go into play. Bill C-14 would prevent these things from happening, and I will talk a little about how it would do that. Over the last few years, there have been unintended consequences, from Bill C-75, for example, with the principle of restraint. The principle of restraint was making judges think that they had to let people out at the earliest possible opportunity with the least possible punishment. Bill C-14 would actually clarify this. It would clarify how police and courts apply the principle of restraint to specify that it does not mean automatic release where detention is justified to protect public safety. This is an incredibly important part of Bill C-14 and something that we definitely are going to need. Also, Bill C-14 would add aggravating factors, making sure we do not have sentences that are too light in extreme cases. When the offence is committed against victims who are first responders, it would be an aggravating factor in sentencing, as well as repeat violent offenders with previous convictions within the last five years and organized retail theft. I heard a question earlier about auto theft. This kind of thing would be an aggravating factor in sentencing, as well as offences interfering with essential infrastructures, which we see in copper theft and some of the drug-trafficking offences. All of those things are very good measures. One of the other things that was an unintended consequence of Bill C-5 was that house arrest was being allowed for perpetrators of sexual assault. That would be reversed here in Bill C-14. That is a very good measure. It is something that is needed, and we heard lots about that. The other thing this bill would do is align to the military justice system to make sure both systems are consistent. With respect to the Senate amendments that have come forward, some are good, and some we would prefer not to have. I think the one that would allow the measures for the youth justice system to come into force, that would allow some time to get that right, would be very, very important. I have heard discussion from the Conservatives today that they do not like the measures that the Senate has submitted on sureties, but one of the things that Conservatives continue not to understand is that when an independent court is making a decision, it has to have discretion. We have seen mandatory minimum penalties fail at the Supreme Court because they do not give the judges discretion and the judges are independent. Therefore, this is an important principle that we see represented here. It is only part of the story. When it comes to preventing violent crime in our neighbourhoods and in our communities, we have to have the laws, and then we have to enforce the laws. There is an opportunity to do a better job on enforcement. We have to also look at where we are going to put the people. A lot of times, people are being released because there is no room in the prisons. That is a shared responsibility, federally and provincially, and something that we need to look at. However, if we can get the deterrence to crime right and enforce the law, we are going to see fewer people in the prisons, which is what we saw previously. That, in a nutshell, is why it is critical that we get this legislation passed. The sooner it is passed and gets royal assent, the sooner it would get into law. Then we can stop seeing these repeat and violent offenders out on the streets and getting sentences that I consider to be inadequate. I am very proud of the government for the measures that it put in place, and not just Bill C‑14, as Bill C‑16 is exactly what we asked for at the status of women committee, which I am a part of. It addresses coercive control, femicides, deepfakes and a lot of the things that we brought forward. I think the government is serious about addressing crime in this country.

Marilyn Gladu, Sarnia—Lambton—Bkejwanong

Liberal
“My views have not changed, and the Liberals welcomed me into their team. We must pass this bill because it fixes problems in the justice system.”
  • A repeated line

    “I am extremely proud to be part of this team.”

    Said 4 times by 3 members since April 28.

    Every time it was said
Official Hansard

Mr. Speaker, I would thank the member opposite for that question, but I do not think it was a very good question. What I would say is that everything I have said is on the public record. The Prime Minister is aware of what I think. All of the members of the Liberal caucus are, and they welcomed me, with my Conservative views, into this caucus. I am very proud to be part of this team. My view has not changed. As I said, the things that were done that undermine the justice system are being repaired here in Bill C‑14, and that is why it is critical that we get this legislation passed.

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