Meeting 29 · May 6, 2026 · 16:55–18:53 (1h 58m)
45-12 witnesses · 61 interventions · 4,484 words
The House of Commons Standing Committee on Justice and Human Rights met to continue clause-by-clause consideration of Bill C-16, a government bill on sentencing and bail reform, and to debate a motion on future committee priorities. Officials from the Department of Justice, Leah Burt, Counsel, and Matthew Taylor, Senior General Counsel and Director General of the Criminal Law Policy Section, appeared to answer technical questions.
Leah Burt explained that the "safety valve" in clause 63 of Bill C-16, which allows judges to impose a sentence below a mandatory minimum if it would constitute cruel and unusual punishment, would rely on existing jurisprudence under section 12 of the Charter. She stated that courts would assess the circumstances of the offence and the offender, including factors like the degree of responsibility, and that the threshold for cruel and unusual punishment remains gross disproportionality.
Matthew Taylor clarified that collateral consequences, such as immigration status, could be considered in sentencing but cannot result in an unfit sentence. He confirmed that the government chose the standard of "cruel and unusual punishment" to import existing case law rather than codifying a new test, and that the meaning of gross disproportionality continues to evolve through judicial interpretation.
Conservative MP Andrew Lawton criticized the safety valve, arguing it would allow judges to circumvent mandatory minimums for serious offenders like child pornographers, and questioned whether victims' rights would be considered in the assessment. Conservative MP Frank Caputo noted that Bill C-16 does not define "cruel and unusual punishment" and expressed concern that the Supreme Court could change its interpretation over time, citing the shift from the Rodriguez to Carter decisions on medical assistance in dying.
After debate, the committee adopted a motion by Conservative MP Larry Brock to prioritize future work: the Minister of Justice will appear on May 25, 2026; Bill C-231 (Youth Criminal Justice Act amendments) will be considered on May 27; Bill C-235 (increasing parole ineligibility) will be considered on or before June 1; and the committee will draft a report on bail and sentencing. A Bloc Québécois amendment to add four meetings for a study on judicial appointments was rejected due to time constraints, and the motion passed on division.
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Leah Burt
Counsel, Criminal Law Policy Section, Department of Justice
Opening remarks
Since the threshold chosen for the safety valve was the constitutional standard of cruel and unusual punishment, then I think we can expect courts to rely on the body of jurisprudence that has developed around section 12. They would look at examples of previous MMPs that were struck down and situations in which those MMPs were struck down. There will be a broad body of jurisprudence for courts to rely on.
Matthew Taylor
Senior General Counsel and Director General, Criminal Law Policy Section, Department of Justice
Opening remarks
The courts have been pretty clear, and we've talked at this committee, about the Supreme Court decision in Pham and the role that collateral consequences can play in sentencing. Sentencing courts are allowed to take into consideration collateral consequences of a sentence, whether that be immigration status or employment status. However, when they take those consequences into consideration, they cannot adjust the sentence in a way that would result in the sentence being unfit for that particular offender.