:
I would like to call this meeting to order.
Good morning, everybody. I'm glad to see everybody on a bright, shiny Monday morning. Welcome to meeting number 16 of the House of Commons Standing Committee on Justice and Human Rights.
Pursuant to the order of reference of November 18, 2025, the committee is meeting to continue its study of Bill , an act to amend the Criminal Code, the Youth Criminal Justice Act and the National Defence Act regarding bail and sentencing.
Today's meeting is taking place in a hybrid format. Pursuant to the Standing Orders, members are attending in person in the room and remotely by using the Zoom application.
I'd like to confirm that the sound tests were made successfully.
Before we continue, I would ask all in-person participants to consult the guidelines written on the cards on the table. These measures are in place to help prevent audio and feedback incidents and to protect the health and safety of all participants, including and especially the interpreters. You will also notice a QR code on the card, which links to a short awareness video.
I'd like to take a few moments for the benefit of witnesses and members.
Please wait until I recognize you by name before speaking. For those participating by video conference, click on the microphone icon to activate your mic, and please mute yourself when you are not speaking.
For those on Zoom, at the bottom of your screen you can select the appropriate channel for interpretation: floor, English or French. Those in the room can use the earpiece and select the desired channel.
I will give a reminder that all comments should be addressed through the chair.
For members in the room, if you wish to speak, please raise your hand. For members on Zoom, please use the “raise hand” function. The clerk and I will manage the speaking order as best we can. We appreciate your patience.
This morning, we have two panels of witnesses. I would like to welcome our witnesses for the first hour.
From the Association of Manitoba Municipalities, we have Katherine Valentino, the president, who is here in person. Thank you for being here.
Online we have, from the Canadian Urban Transit Association, Michael Atlas, honorary counsel.
Also with us this morning, from the National Police Federation, is its president, Brian Sauvé.
Welcome to the witnesses. We're pleased you're here.
This is a very important piece of legislation. I know that is the opinion of everybody in this room. I should point out that it's also the opinion of all the premiers from across the country, who on Friday issued a joint statement encouraging us to pass Bill “expeditiously”, to use their word. I'm glad everybody is enthused about it.
In that vein, I just want to let members know that on Wednesday we will be starting at 3:30, not 4:30, and that we have more resources than we should need—until one o'clock in the morning, I'm told.
Go ahead, Mr. Brock.
:
Good morning, Chair and members of the committee.
My name is Brian Sauvé. I'm a sergeant with the RCMP and also the president of the National Police Federation, the union representing nearly 20,000 members of the RCMP across Canada and internationally. Thank you for the opportunity to appear today to discuss Bill .
Every day, our members see the impact that a small number of high-risk, repeat violent offenders have on community safety. They also see the strain placed on victims, witnesses and frontline police officers when those individuals are repeatedly released, breach their conditions and are quickly returned to the streets. Bill is a meaningful step forward in addressing this reality.
The NPF supports the bill's clarification that public safety must be explicitly weighed in bail decisions. This aligns the law more closely with what police encounter on the ground. Individuals with lengthy criminal histories, with repeated breaches of court orders and with escalating patterns of violence too often cycle through the system under conditions that prove ineffective or unenforceable.
We also support the targeted expansion of reverse onus provisions for serious, violent and weapons-related offences. In clearly high-risk situations, it is reasonable and appropriate to require the accused to demonstrate why their release would not endanger the public. This change promotes greater consistency across the country, and it better reflects real-world risk. Additional measures in the bill, such as mandatory no-weapons conditions for organized crime offences and direction to consider whether an offence was random and unprovoked, further strengthen the public safety lens applied at bail.
However, legislative reform on its own is not enough. Police officers are often the first decision-makers in the bail process, making release or detention decisions shortly after arrests and frequently with incomplete information. The effectiveness of Bill will depend on whether police and courts have reliable, real-time access to an accused's outstanding charges, prior breaches, bail conditions and patterns of violence across jurisdictions.
National systems such as the Canadian Police Information Centre are essential tools, but they were not designed to function as comprehensive real-time bail risk management platforms. Gaps or delays in data entry and sharing can lead to inappropriate releases and weaker bail positions before the courts. Modern interoperable national information sharing is essential if the bill's public safety objectives are to be realized in practice.
Stronger bail conditions must also be meaningfully enforced. Our members routinely rearrest the same individuals for repeated breaches, often with limited consequences. This cycle undermines public confidence and consumes significant police resources. Adequate supervision capacity, consistent breach enforcement and clear feedback to police on court outcomes are critical. While provinces administer bail, federal leadership through coordination, funding and national expectations can drive more consistent results.
Finally, effective bail begins with effective investigations. Modern crime is increasingly digital. When police cannot lawfully and quickly access digital evidence, charges may not be laid or critical information may be missing at bail hearings. Updating lawful access authorities is therefore a foundational public safety measure that complements the goals of this bill.
In closing, the National Police Federation supports the central direction of Bill and its focus on protecting communities from repeat violent offending. In pairing these legislative reforms with modern information sharing, enforceable supervision and lawful access to evidence, Canada can build a bail system that is fair, consistent and genuinely protective of public safety.
Thank you, Mr. Chair. I look forward to any questions.
:
Thank you, everyone, for the opportunity to speak to you this morning.
I'm Kathy Valentino. First and foremost, I'm from the city of Thompson in northern Manitoba—next stop, Churchill—and I'm a city councillor there. We have the largest RCMP contract in the province of Manitoba. We're typically number one in the crime severity index.
I'm here today in the capacity of president of the Association of Manitoba Municipalities, which represents all 137 municipalities across the province. The AMM is non-partisan, and Manitoba municipalities are united in supporting legislation aimed at strengthening the public safety system and creating a far more effective justice system, because crime does not respect municipal boundaries or political lines. On behalf of the AMM, I wanted to attend in person to express my strong support for efforts to strengthen bail and sentencing provisions through Bill .
Across Manitoba, our residents are concerned about crime. Almost nine in 10 support bail reform and Criminal Code changes to address repeat offending, and 69% report being personally worried about crime. These concerns continue to grow as repeat offenders are frequently being released on bail. These risks are especially acute in Manitoba, which has among the highest violent crime rates in Canada.
Municipalities have long warned about repeat prolific offenders being released on bail, and some recent tragedies underscore why.
Last year, near the city of Portage la Prairie, Mayor Knox spoke publicly about a young woman who was tragically killed by an alleged impaired driver operating a stolen vehicle. At the time, the Manitoba RCMP had an arrest warrant for the accused for failing to comply with release conditions.
More recently, in Brandon, Manitoba's second-largest city, Mayor Jeff Fawcett raised concerns after police responded to a machete assault near an elementary school, prompting a lockdown while the kids were on the playground. The accused was already under release conditions. Since 2021, “breach” and “failure to comply” charges in Brandon have increased by over 20%.
Winnipeg has seen similar patterns. Mayor Scott Gillingham pointed to an offender, just in his mid-twenties, who has been convicted of 24 violent crimes over 11 years and violated bail or probation conditions 12 separate times.
Taken together, these incidents underscore the need for strong reforms to deter crime and prioritize our public safety.
Across Manitoba, our police are repeatedly arresting the same individuals, and frontline workers—including our firefighters, paramedics, and transit, hospital and bylaw staff—are regularly exposed to them. Being assaulted on the job is unacceptable, and it affects morale, retention and service delivery. Bill must include strong protections for first responders, similar to those for peace officers. These include higher penalties for aggravated assaults against paramedics, firefighters and other frontline staff. We strongly welcome the bill's aggravating factor provisions.
More broadly, this isn't about detaining people without reason or locking people up and throwing away the key. It's about recognizing patterns, assessing risk and putting public safety first. Municipalities welcome the acknowledgement that bail reform is necessary. Proposed measures, such as expanded reverse onus provisions and stronger sentencing tools, are critical to our community safety. Municipalities would also support broader measures to address repeat offending, including property and retail crimes.
However, success will not be measured by this legislation alone. The effectiveness of Bill depends on sustained, coordinated resourcing across the justice and public safety system, in partnership with all orders of government, including adequate police visibility and addressing Manitoba's RCMP vacancy rate, the highest in Canada; support for our first responders to focus on core duties; court system capacity, including hiring sufficient Crown prosecutors to prevent backlogs and delays; and investments in mental health, addictions and social supports to address the root causes of crime.
Ultimately, all of us here want a justice system that instills public confidence, one that protects our communities while remaining fair and effective. You all here, the committee, have the opportunity to move Bill forward promptly. Crime does not respect political boundaries, and addressing it requires co-operation across governments.
In closing, I thank you for your time and attention. I, too, look forward to taking any questions from the committee.
:
Good morning, Chair, vice-chairs and members of the committee. I am Michael Atlas, honorary counsel for the Canadian Urban Transit Association, CUTA. I'm also general counsel for the Toronto Transit Commission. I'd like to begin by thanking you for allowing us to appear before the Standing Committee on Justice and Human Rights.
We cannot talk about national public safety without talking about safety on public transit. That is why I'm here today to ask you to amend the Criminal Code, and more particularly section 269.01, to protect all transit workers from assaults by expanding the current protections, which currently only apply to transit operators.
As the government seeks to build a stronger Canada by amending the Criminal Code, this is an opportunity to address a long-standing issue for transit workers. Public transit is a shared public space and often reflects broader societal challenges, including the mental health crisis, substance use and economic hardships. Across Canada, transit workers are routinely on the front lines of these realities, and unfortunately they experience violence and harassment while carrying out their essential duties of providing critical transportation and mobility to the communities they serve.
These incidents are growing in severity, affecting employees across every part of the transit system, including operators, station staff, maintenance workers, fare enforcement personnel, customer service agents and transit security. For example, in 2025, assaults against TTC employees rose to a high of 40 incidents in one single month—that is 40 employees, who may be your friends or family members, who left home, came to work and were assaulted just for doing their job.
With the support of the City of Toronto and the Province of Ontario, TTC has been making investments in safety by expanding frontline presence, partnering to launch the Toronto Police Service neighbourhood community officer program, increasing visibility in stations and more. We've seen the impact of these investments, as customers' feelings of personal safety have risen to 62%, which is a six-point increase from the previous year.
However, assaults against transit workers continue to be a serious issue, impacting the well-being of our essential transit workers not just in Toronto but across the country. One assault against a transit employee is one too many.
In response, the Canadian Urban Transit Association established a transit safety task force to examine the root cause of violence on transit and identify practical solutions. In 2023, the task force released a comprehensive set of recommendations focused on strengthening safety measures, improving incident responses, supporting workers after traumatic events and working with governments and community partners to address broader societal factors.
A key finding from this work is the need for clear legal recognition and protection for all transit workers. Currently under section 269.01 of the Criminal Code, assaults or threats against transit operators are treated as an aggravating factor at sentencing. However, this protection applies very narrowly, limited only to vehicle operators directly employed in driving a bus, train or other transit vehicle. It does not extend to the many other frontline transit employees who interact with the public daily and face similar risks of assault.
Our ask is very simple: Expand section 269.01 to include all transit workers who are performing their duties and not limit its application just to transit operators.
In May 2024, member of Parliament introduced Bill , which passed first reading but unfortunately did not advance further. The bill proposed a targeted amendment to section 269.01 to strengthen sentencing provision for assaults or threats against all transit workers. This change, replacing the term “transit operator” with “transit worker”, is simple but significant. It would ensure that all transit workers, not only vehicle operators, are formally recognized as facing elevated risk while performing their essential public duties.
All transit workers play a vital role in ensuring the safety of customers and making customers feel safe. They are often the first on the scene during assaults, medical emergencies and other crises. They protect passengers, they de-escalate volatile situations and they call for assistance.
Assaults against transit workers have serious physical and psychological impacts. They contribute to burnout and make it more difficult for transit agencies to recruit and retain workers. Other frontline public workers receive explicit legal recognition when assaulted in the course of their duties. Transit workers face comparable risks, yet the Criminal Code does not consistently reflect that reality. This issue has received broad political support, with members from both the government and the opposition recognizing the importance of protecting transit workers.
Safe public transit is essential to our economy, our communities and our climate objectives, and it depends on a workforce that feels safe and supported. There's also strong support from transit unions, including the Amalgamated Transit Union. Workers have been clear: legal clarity matters. Explicit recognition of their role and the risks they face reinforces that violence against them will be treated with the seriousness it deserves.
Ultimately, this amendment is about more than sentencing. It's about confidence. Transit workers need to know that the law is on their side before an incident occurs. We encourage the government to take this opportunity to protect workers, because when transit workers are safe, Canadians are safe.
In closing, an amendment to Bill that would extend section 269.01 protections to all transit workers would be a practical and measured step towards improving transit worker safety. It reflects the lived experience of workers across Canada and would strengthen public transit systems nationwide.
Thank you. I would be pleased to take any questions.
Thank you, witnesses, for your attendance today.
Mr. Sauvé, Bill is marketed by this government as a bundle of “sweeping reforms”. In reality, Canada and law enforcement are not getting this. The bill's stated objective is to make “stricter bail laws to address violent and repeat offending, and organized crime” and “tougher sentencing laws for serious and violent crimes”.
This must be a déjà vu moment for you, Mr. Sauvé. As you'll recall, this was the exact messaging we heard from Justin Trudeau and David Lametti, our former justice minister, on the passage of Bill . Both promised Canadians and law enforcement that they were listening and that adding more reverse onus charges to serious criminal offences would lead to a greater number of repeat violent offenders being detained. The explosion of criminality over the last three years proves that this government's approach was wrong.
Although you are on record as being supportive of Bill as a positive “first step”, are you now guarded with Bill 's addition of more reverse onus provisions to criminal charges?
Mr. Sauvé and Ms. Valentino, welcome to our committee. Thank you for being here.
Mr. Sauvé, my colleague Ms. Lattanzio has already asked you a few questions that I wanted to ask you, so I'm saving a little time, but I'm going to go a little further.
As police officers, the members of your federation must be fed up—and I understand—with continually seeing the same offenders arrested for similar offences. We have to fight recidivism. I agree that Bill is a step in the right direction. Can we do better? We can always do better, but I think it's a good thing.
That said, in an ideal world, everyone wouldn't be put in prison. In fact, no one would be in prison. The ideal world would be that, when someone commits an offence, we succeed in rehabilitating them and making them understand what's wrong.
First of all, do you agree with me that the ultimate goal is that people who have committed crimes don't reoffend? I suspect you would agree with that. In that case, I would ask what you think are the most urgent measures we should put in place to rehabilitate people who commit crimes.
:
Thank you for the question; it's a good one.
[English]
We have to remember that the Canadian legal system and the Canadian justice system are built on the foundational principle of rehabilitation, not incarceration. That being said, where are we failing in that system?
For example, post-sentence in custody, whether it be provincial or federal custody, are we actually investing in rehabilitation of offenders? Are we preparing them for a productive life once they are on parole or they have completed their sentence?
That I haven't seen. We haven't seen investments for a vocational training program or a housing assistance program on post-sentence release or on post-sentence probation.
Can we do better there for those who are incarcerated? Yes.
:
Again, I'm going to ask my questions in French, but feel free to answer in English or French.
What measures can be taken? When people are incarcerated following a sentence, unless I'm mistaken, there's a program in place to promote their reintegration and rehabilitation. They can be taught a trade, for example. All kinds of things can happen. However, if I understand correctly, there is no rehabilitation program for people being held on remand. What I also understand is that there are a lot of those people, and they stay on remand for a long time.
If memory serves, a witness in another study told us that 75%, or even more, of prisoners held in provincial prisons are held there on remand, without ever having been convicted of a crime. That's a bit surprising, and I wonder if that doesn't indicate a flaw in our prison system or our justice system.
I'd like to hear your opinion on that, since you work with these people on a daily basis. You arrest them; then there's a trial; they're incarcerated, and they reoffend after a few months or years. You have a certain expertise in that, more than I do, I admit. What specifically can we do about those people to prevent them from reoffending?
:
Thank you. That's an excellent point, indeed.
It can be complicated when the person is on remand. If they're acquitted, there's obviously no problem. That means they didn't commit the crime they were accused of, at least in theory. However, if they're convicted, they have to serve a sentence, and the time served before the sentence is often enough to make up the difference. Indeed, the length of trials is another problem, which I think could be the subject of another study.
In short, for people who are convicted, have already served part of their sentence and may be serving another part afterward, should a process be put in place that would be included in the sentencing? For example, if a person has a two-year sentence to serve, shouldn't there be a rehabilitation process in place at the end of those two years? If so, what kind? Do you have an idea?
I understand that there are other experts on this issue, but I'd like to know your opinion, since, as a police officer, you work with these people. Is there anything that should be done about that?
:
Thank you very much, witnesses.
Mr. Sauvé, it's good to have you back. People may recall that you testified as a witness before our study on bail, which the Conservative team initiated, understanding the urgency of this issue.
I'm very grateful not just to have you and your fellow witnesses here today but also that our Liberal colleagues have allowed us to finally get to work on reforms that you and other police agencies have been calling for across the country for many years now.
I want to return to Bill , because you and the federation you represent were very optimistic about it. When you testified before this committee in September, one of my Liberal colleagues asked you how Bill C-48 had improved the safety of victims and the safety of officers on the front line, and you said, “I don't think they have”, so we have had false starts before.
If we are to take our cues from your experience in this regard, how can we make sure that Bill is not retreading old ground in that sense? How can we make sure it is actually living up to the promises?
:
I'd like to call the meeting back to order, please.
I want to welcome our witnesses for the second hour.
On Zoom, we have Peter Copeland, deputy director of domestic policy, Macdonald-Laurier Institute; and Tiago Múrias, criminal lawyer, Ameur and Múrias Inc. With us in person is Dr. Kelly Sundberg, professor at Mount Royal University.
I want to welcome you here today, or welcome you back, as the case may be, and just say that we're very grateful for your taking the time to join us today.
Each of you will have up to five minutes for opening remarks.
Dr. Sundberg, since you're in the room and I'm looking at you, I'll turn the floor over to you.
Mr. Chair and honourable members of the committee, thank you for inviting me to appear before you again to speak on bail and sentencing reform as presented in Bill .
By way of a brief context, I'm a professor of criminology at Mount Royal University. My work has long focused on border security, immigration enforcement and transnational crime, alongside scholarship on policing, public safety and security. Prior to academia, I served for over 15 years in federal border security and immigration enforcement, including in advisory roles with the federal government.
To begin, I want to be clear that I support Bill . In my assessment, it is measured, legally cautious and respectful of judicial independence, while responding to the public's real concerns about repeat and violent offending and the credibility of our bail decision-making.
Canadians expect Parliament to ensure that people accused of serious violence, organized crime and repeat offending are carefully managed by the courts, balancing an accused's charter rights with the rights that Canadians have to live free from fear, intimidation and victimization.
I also want to acknowledge the testimony from this past October of British Columbia Regional Chief Terry Teegee of the Assembly of First Nations. He reminded us that bail and sentencing reform must not deepen inequalities or shift new burdens onto indigenous communities that already experience disproportionate harm. A credible public safety agenda must include sustained support for indigenous communities and indigenous-led and informed solutions.
I want to focus on one discrete issue that can be addressed in a narrow and defensible way.
Canada is one of the most immigration-dependent societies in the world. We have a large foreign-born population and, at any given time, a very large temporary resident population—students, workers and visitors living in our communities across our country. Recent federal reporting has placed the temporary resident population at roughly three million people.
When even a small fraction of foreign nationals are implicated in serious offending—terrorism-related activities, organized crime, extortion, violence, trafficking or exploitation—the harms are real, and the public expects a meaningful response at the earliest justice system decision point. In my belief, it's bail.
There is a human point to this. Many newcomers and first-generation Canadians come to Canada to escape violence, intimidation, corruption and organized crime. When those same threats follow them into Canada, it undermines confidence in both our justice system and our immigration system.
My recommendation is simple. Align bail law with Parliament's seriousness structure in the Immigration and Refugee Protection Act.
Specifically, I propose a narrowly tailored reverse onus provision so that when a foreign national is arrested and charged in a manner that, if convicted, would render them inadmissible under IRPA's provisions relating to security and terrorism, human or international rights violations, serious criminality or criminality, or organized criminality, the onus shifts, and they must show cause as to why they should be released.
Why does this matter at bail?
The first is attendance in court. Conditional status and conviction-linked inadmissibility consequences can materially affect flight risk, compliance and enforceability.
The second is public safety. These are Parliament's highest-concern categories of misconduct by non-citizens temporarily in our country.
The third is public confidence. Where Parliament has determined that certain conduct is fundamentally incompatible with remaining in Canada, Canadians reasonably expect bail decision-making to reflect that seriousness, while remaining fully compliant with fairness and due process.
To be crystal clear, this is not automatic detention. It is a narrow show cause mechanism that preserves full judicial discretion and requires the court to apply the disciplined analysis under subsection 515(10) of the Criminal Code, with the onus structured appropriately for a small yet high-risk category.
In closing, Bill is a strong and necessary step forward. I believe the committee has an opportunity to strengthen it without overreaching by adding one carefully drafted reverse onus provision for foreign nationals in the IRPA sections 34 to 37 inadmissibility bands.
Again, to give effect to my earlier stated recommendations, I propose wording consistent with what I provided this committee in my written response last week—namely, that a new reverse onus subparagraph be added to paragraph 515(6)(a) of the Criminal Code. It would read, “that the accused is a foreign national, as defined in subsection 2(1) of the Immigration and Refugee Protection Act, and is charged with an offence such that, if convicted, the accused would be inadmissible to Canada under section 34, 35, 36 or 37 of that Act.” The reverse onus should apply there.
Thank you, and I welcome your questions.
I'm sorry for the stumble.
:
Good afternoon, everyone.
Thank you for the opportunity to speak to the committee.
I am going to focus exclusively on the part concerning young offenders, that is, the proposed amendments to the Youth Criminal Justice Act, since that is my area of expertise. I won't speak to the provisions related to the Criminal Code.
I work exclusively with young offenders and have done so for 14 years. That's my job, and I love it. I have obviously seen a major change over the past 14 years, not only in terms of delinquency, but also in terms of the profile of young people who end up in court.
I want to say that there are a number of positive things in the proposed amendments to the Youth Criminal Justice Act. I think it's an act that is starting to show its age; it came into force in 2003, and it has had no significant amendments since then. The proposed amendments are, on the whole, positive. There are many good things in the bill when it comes to the Youth Criminal Justice Act; although I believe there's room for improvement, as always. As long as work is being done on that act and on certain provisions that do need to be updated, I think it's possible to improve the act and ensure that it better reflects the act's principles.
One of the principles of the Youth Criminal Justice Act, mentioned in the preamble and section 3, is that the rehabilitation and reintegration of young offenders are the best ways to protect the public in the long term. In 2007, the Supreme Court established that principle as a principle of fundamental justice, that is, a principle that is constitutionally protected under section 7 of the Canadian Charter of Rights and Freedoms. As a result, any legislative provisions must comply with the principle that rehabilitation and prevention measures are the best ways to reduce crime.
Not only is that legally and morally true, but it's also factually evident. It's known that quick, effective and intensive intervention is the best way to reduce the recidivism rate among young offenders. All the studies and meta-studies demonstrate that. We know that this is what works. Personally, I don't think this should be a political issue. It's important to move forward based on what the science shows. Relying on science is the right thing to do in many areas, and that's also the case when it comes to rehabilitation.
However, even though I think rehabilitation is a fundamental value, there's indeed a change in delinquency at the moment, in terms of the profile of offenders and the crime severity index. As the data show, there has been an increase in the severity of offences committed by teenagers, but it's important to consider that in the context of a general decline since the 2000s. There has been a huge decrease since the 2000s, but there has been a resurgence in recent years, both in terms of the prevalence of crime and in terms of the crime severity index and the rate of homicides committed by teenagers per 100,000 inhabitants.
For that reason, I think measures can be put in place. For example, the first thing to change would be the definition of “violent offence”. What's currently proposed doesn't seem to be the best approach, because causing bodily harm is already provided for in the act. However, adding firearm offences seems entirely appropriate to me. A list of firearm-related sections should be included; I'm particularly thinking of sections 91, 92, 94, 95, 96, 98, 99, 100 and 102 of the Criminal Code. Those sections relate to firearms and should be included in the definition of “violent offence”, which allows for custody. That would prevent having to use an exceptional provision, such as paragraph 39(1)(d) of the act. Amending the definition of “violent offence” to include certain firearm offences would also give judges more discretion. That's fair, it's proportionate, and, above all, it reflects the reality we see in urban centres.
That brings me to my second proposal.
The two sentences—namely, intermittent custody, which is on weekends, and intensive rehabilitative custody—depend on the resources and programs provided for by the provincial director. I propose amending this section so that those programs are provided for in the act, without condition, as is the case for adults, for whom intermittent custody doesn't depend on special programs but exists in the Criminal Code. The same should be true for teenagers. It's a program that works, that delivers results and that, when it existed—
:
Chair and members of the committee, thank you for the invitation.
Let me begin with a simple but important point. Canada's public safety issues are real, but bail is not the primary problem. The real issues are repeat violent offenders and the expanding reach of organized crime. We need to address organized crime and national security gaps in enforcement and prosecution, reduce excessive judicial discretion and pursue selective expansion of non-custodial sentencing options.
Over the past decade, we've seen a sustained increase in violent crime, heightened public concern about repeat and dangerous offenders and growing frustration with what appears to be inconsistent and lenient outcomes, but these causes aren't reducible to one factor.
They include Supreme Court jurisprudence, particularly Jordan, which is a one-size-fits-all solution imposed by courts that ought to have been studied and enacted by Parliament for case timelines. It has forced speed at the expense of substance and resulted in thousands of stayed or withdrawn cases. Court backlogs and delay inflate remand populations, as has already been mentioned today, which actually hardens offenders. There is organized crime and national security-linked criminality, which our tools at present are poorly designed to address; the striking down of hundreds of mandatory minimums without replacement architecture; and a sentencing framework that relies heavily on broad principles but offers little structured guidance, leaving room for too much discretion and unpredictability in the law as a result. Bail decisions sit downstream of all of this.
Bill responds to real public anxiety, particularly around repeat violent offending, and some of its sentencing amendments may help at the margins, but deterrence ultimately comes from consistency, predictability and certainty of enforcement and punishment, which are affected by many other things. If we just crack down on bail without fixing sentencing, prosecution practices and enforcement capacity, we don't get deterrence. We get more remand, more delay and less legitimacy.
We, in fact, saw this after Bill 's introduction. Excessive reliance on pretrial detention can worsen outcomes, with swelling remand populations and a pressure to plead out, and sentences, if they get to that stage, can get effectively commuted by time served in these dysfunctional conditions.
One of the core problems in our criminal law is that the principles and purposes structure affords too much discretion, which undermines predictability and deterrence. It's governed by broad objectives and principles in section 718 and the balancing exercises between these principles that produce variation across courts. Past sentencing commissions in Canada have warned about this problem and examined U.K.-style sentencing guidelines—not rigid grids but structured ranges and offence-specific guidance—but these were not ultimately adopted, so we have too much unpredictability, weak denunciation for serious crime and diminished public confidence as a result.
If Parliament wants to address violent repeat offending effectively, I would suggest four priorities.
First is organized crime and national security. Our definition of organized crime is too narrow and difficult to prove. Canada should move toward a pattern-based framework similar to U.S.-style RICO tools. We should create targeted exemptions for Stinchcombe disclosure rules and Jordan case timelines when organized crime and national security thresholds are in play. These are tools our allies have, which makes Canada a target for organized crime and foreign state actors that's being actively exploited. This is evident in the rising number of organized crime groups operating here.
Second, we need to reduce excess discretion in sentencing dangerous offenders. If Canada will not adopt sentencing guidelines, then Parliament should at least rebalance section 718's application for serious repeat and violent offences and make clear that denunciation and deterrence must be given primary consideration for more types of charges. This is language that Parliament has used before, and somewhat in this bill, for other offence categories.
Third, prosecution policy matters. Hybrid offences enable Crown discretion, and they're found throughout the Criminal Code. That could be maintained but tightened by working with the provinces to amend both the federal and provincial Crown prosecution manuals to establish a default presumption of indictment for serious repeat and violent offences.
Fourth, expand serious non-custodial sentencing options. Canada lacks robust long-term non-custodial options that sit between probation and prison. Well-designed, in-community sentences—
:
Thank you for the question.
That's what we call intermittent custody, meaning that the sentence is served on weekends. It's well known, and it exists for adults. It's a sentence provided for in the Criminal Code. It works for certain offenders with a specific criminal profile.
It also exists for young offenders. It's provided for in paragraph 42(2)(m) of the Youth Criminal Justice Act, except that a provision states that the provincial director approves it with credits. This measure existed until 2013‑14, particularly in Montreal, and it was an exceptionally effective measure. For a young person who was at the beginning of their criminal career but had already committed major offences, people hesitated between two options: strict probation or secure custody with other offenders who would lead the young person to more delinquency. There was also this program with special units where the young person would go only on weekends. Depriving a teenager of their weekend does the job: the recidivism rate was among the lowest for custodial sentences. However, it's expensive, and it requires units and educators. Given this, the program was cancelled because of a decrease in crime. In 2012, 2013 and 2014, youth delinquency was at its lowest, so it was decided that the program wasn't really needed anymore, and those resources were cut. There's now a rise in delinquency, but the program still hasn't been reactivated.
Paragraph 42(2)(l) is another example of an intensive rehabilitation program that should be reactivated. It hasn't been reactivated, for the same reasons. Funds were cut when there was a decrease in delinquency, but those programs have never been reactivated, even though they're needed now.
This shows to what extent this provision, which makes it possible to reduce funds and sentences on a discretionary basis, was a bad decision in hindsight. I think this is a good opportunity to correct that and bring back the obligation for the provinces to offer intermittent custody sentences. That's what I was referring to.
Professor Sundberg, I found your statement interesting, as always. Indeed, this isn't your first appearance before the committee.
There's an underlying question to all of that—and I'd like to hear your thoughts on it—which is: What is the impact of minimum sentences on the crime rate?
It is often said that, before committing a crime, a criminal doesn't read the Criminal Code to find out whether the penalty is one year, two years, five years or 20 years in prison. I'd like to hear you on that. Minimum sentences can be added or removed. What impact does that have on the crime rate?
[Translation]
I would like to thank all the witnesses, including Mr. Murias, Mr. Copeland and Mr. Sundberg.
[English]
I just want to start from the principle that this is a bill about bail reform. Generally, it's called the bail reform and sentencing bill, but it is primarily about bail reform. It is a bill that happened after varied consultations with the provinces, with police and with a number of groups across the country. We are at a point right now at this committee where we are looking at this bill and deciding on what amendments to put forward for Wednesday, when we'll be doing clause-by-clause on the bill.
It's wonderful to have a wide-ranging discussion on wide-ranging issues within the justice system, but I would remind the witnesses and my colleagues that they are beyond the scope of this bill. The bill cannot be amended to go beyond the scope of what the House of Commons had already passed at second reading when it referred it to the committee. These discussions don't bear fruit if you're suggesting wide-ranging things that have nothing to do with what is actually in the bill.
Dr. Sundberg, can I start with you? First of all, let me say how impressed I was by your testimony, because like you, I'm a pragmatist. I'm concrete. This is a concrete bill and we can only put forward what is in the scope of the bill.
I was very intrigued by what you said about the discrepancy between immigration law and this bill. I think you've presumed we've already received your document, but unless it's been translated, we didn't get it.
Can you talk to us in a bit more detail about the amendment you proposed and what clause it would be? Can you just go over it in more detail so I have it in my head?
I'll be very brief. I know that time is of the essence.
My view of the bill, thinking of bail.... When I spoke to this committee in October, some of the discussions were around the issue or incongruence relating to foreign nationals. There were concerns that foreign nationals are engaged in the issues that you, Mr. Gill, were speaking of, with the extortion we've seen becoming quite an issue from coast to coast in this country. My thought was that this is about bail.
There's one aspect I thought could be surgically adjusted: aligning the provisions of the Immigration and Refugee Protection Act, which Parliament passed in 2001, by simply saying that if any foreign national—I'm not talking about permanent residents; I'm talking about those who are temporarily here—is arrested and charged with an offence under section 34, 35, 36 or 37, which are for security grounds, for human and international rights violations, for serious criminality and criminality and for organized crime, and if they are convicted, that would result in them becoming inadmissible to Canada under one of those four provisions.
Having the reverse onus provides a trigger point or a point of interjection where the police could have some connection with the Canada Border Services Agency and the immigration authority to ensure that we, in essence, understand that we have roughly three million foreign nationals in our country at a given time. If we think of only half a per cent of those three million, that's 15,000 people.
We talk about organized crime and how some of our system has been gamed, because for 15 years we haven't had the rigour I would like to see in our immigration program. Nevertheless, we have laws that allow that to exist. If there were one simple addition to this bill specifically addressing foreign nationals, that would eliminate one of the issues, in my view.
There are a lot of issues at play, and I was focusing on one fairly narrow aspect, but it would have a specific impact when we think of issues of terrorism, the extortion that's occurring and the exploitation. I see it as a way of building trust in our system so that those who have come to Canada after fleeing countries because of these concerns can know that the home they now call Canada protects them from the threats they were escaping.
I thought it was a surgical implant into the legislation. There you go.
:
I'll start with you, Dr. Sundberg.
I appreciated your comments about how grateful you were that the Liberals agreed to set aside the very divisive Bill so we could finally focus on bail reform. My Conservative colleagues and I tried to do that dozens of times in the fall, and I'm grateful that last week our Liberal friends finally agreed, so I'm glad to be here.
Let me ask you about the comments you made previously when you said that we have a watered down criminal justice system that has focused more on making excuses for why people committed the bad things they did and how to reintegrate them quickly into society. This is, I think, a very important point, and we have heard from victims that there is no second chance. There is no application of legal theory. They have lost loved ones who they will never get back.
The system cannot afford to get these things wrong. Beyond bail and sentencing, is there something we're missing in this discussion that needs to be front and centre?
:
Thank you, Mr. Copeland. I'll have to stop you there.
We're not short on time; we're out of time. In fact, we're well past one o'clock. I'm going to stop the meeting here.
I'll just remind everybody that we're starting at 3:30 on Wednesday, not 4:30. I'm told by our clerk that a number of amendments have been submitted. If there are any stragglers, get them in really quickly, please. I'll see everybody on Wednesday at 3:30.
Thank you to all three of our witnesses for coming today. I know this is not your first time here. I really appreciate your taking the time. It means a lot to all of us, and it's very helpful.
The meeting is adjourned.