Justice and Human Rights

The House of Commons Standing Committee on Justice and Human Rights met to study Bill C-14, the Bail and Sentencing Reform Act, with Minister of Justice Sean Fraser appearing as the lead witness, supported by departmental officials Owen Ripley, Chelsea Moore, Matthew Taylor, and Joanna Wells.

Minister Fraser testified that Bill C-14 is part of a broader public safety strategy that includes stronger criminal laws, frontline investments such as 1,000 new RCMP and CBSA officers, and upstream investments in mental health, housing, and youth programs. He said the bill’s core themes are bail and sentencing, including changes to the principle of restraint to direct courts to consider public safety, new reverse onuses for certain crimes, new bail conditions tied to offences like organized crime and home invasion, and sentencing reforms such as new aggravating factors for repeat violent offenders and consecutive sentences for extortion and arson. He emphasized that the bill was shaped by extensive consultations with provinces, police, and municipalities, and that he is open to amendments that improve public safety without creating collateral consequences. He disagreed with the suggestion that the principle of restraint was created by Bill C-75, noting it predates that legislation in common law, and argued that clarifying language is more effective than outright repeal because the principle would remain through Supreme Court decisions.

Chelsea Moore explained that Bill C-14 provides clearer direction to courts on applying the principle of restraint, including specifying that release is not the starting point in reverse onus hearings and that the ladder principle—which governs financial conditions of bail—does not apply in reverse onus situations. She said the bill expands the tertiary ground for detention to include outstanding charges, and that reverse onuses now cover offences such as assault involving choking, violent auto theft, extortion involving violence, break and enter of a dwelling, trafficking in persons, and human smuggling. She noted that the bill requires accused persons in reverse onus hearings to present a credible release plan addressing risks, and that this builds on existing practice. She acknowledged that no national data exists on bail breaches or recidivism, as provinces hold that information, and that the bill does not make bail denial automatic for any category of offender due to charter requirements.

Matthew Taylor added that the bill reflects long-standing collaboration with provincial and territorial officials on strengthening bail and sentencing laws, and that the Department of Justice assessed the bill’s constitutionality through charter analysis, with the minister not tabling a section 4.1 report because he believes the bill is constitutional. He noted that the government considered but did not adopt a “three strikes” approach to bail denial, and that the bill aims to nudge the system toward more rigorous consideration of public safety while respecting judicial discretion.

Joanna Wells described the sentencing provisions in four categories: consecutive sentencing for violent or organized crime-related auto theft, break and enter, and extortion with arson; new aggravating factors such as a prior violent offence within five years; principles requiring courts to give primary consideration to denunciation and deterrence for organized crime or repeat motor vehicle theft; and limits on conditional sentence orders for sexual assault. She said judicial discretion remains available to craft sentences appropriate to vulnerable offenders, and that the bill does not address credit for pre-sentence custody, which is governed by the principle of parity.

Owen Ripley did not provide substantive testimony beyond assisting the minister on a question about consultations.

The committee did not debate any motions or procedural matters during this meeting.