Summary#
This bill removes mandatory minimum penalties (a sentence floor set by law) for many Criminal Code and drug offences. It keeps or sets high maximum sentences, often 10 years, 14 years, or life. It also expands when judges can order conditional sentences served in the community and adds a new aggravating factor for using certain firearms.
- Removes minimum prison terms across many firearm, drug, sexual, trafficking, robbery, extortion, fraud, and other offences (various Criminal Code provisions; Controlled Drugs and Substances Act ss.5–7).
- Keeps high maximums, including 10 years, 14 years, and life imprisonment, depending on the offence (e.g., Criminal Code ss.220, 236, 239, 279.1, 344, 346).
- Expands eligibility for conditional sentences by repealing a bar tied to minimum penalties (Criminal Code s.742.1(b) repealed).
- Adds a sentencing aggravating factor for using a weapon, with extra weight if it is a prohibited or restricted firearm (Criminal Code s.718.2(a)(ii.2)).
- Updates bail wording to focus on exposure to a “potentially lengthy” term rather than referencing minimums (Criminal Code s.515(10)(c)(iv)).
- Amends related provisions in the Criminal Records Act and Controlled Drugs and Substances Act; repeals CDSA ss.8 and 9 (CDSA, ss.8–9 repealed).
What it means for you#
- Households and communities
- Judges will no longer be forced to impose fixed minimum prison terms for the listed offences. Sentences can be shorter or longer based on the facts. Maximums remain high, up to life in prison for the most serious crimes (e.g., manslaughter, attempted murder, robbery, extortion, hostage‑taking) (Criminal Code ss.220, 236, 239, 344, 346, 279.1).
- Courts must treat use of a weapon, especially a prohibited or restricted firearm, as an aggravating factor at sentencing (Criminal Code s.718.2(a)(ii.2)).
- People charged with offences
- More cases become eligible for conditional sentences (served in the community under strict conditions) because the bar tied to mandatory minimums is repealed (Criminal Code s.742.1(b) repealed).
- For many firearm offences, mandatory minimums are removed; new or existing maximums include up to 10 years or 14 years (e.g., ss.85, 95, 99, 100, 103, 244, 244.2) (various amended sections).
- For serious violent offences, courts retain the ability to impose life sentences (e.g., causing death by criminal negligence, manslaughter, attempted murder, aggravated sexual assault, robbery, extortion, hostage‑taking) (Criminal Code ss.220, 236, 239, 273, 344, 346, 279.1).
- For drug trafficking, importing/exporting, and production (Schedules I–II), minimums are removed; maximum remains life (CDSA ss.5(3)(a), 6(3)(a), 7(2)(a) as amended).
- Some maximums are set but the number is not stated in the provided text (e.g., Criminal Code ss.92(3), 96(2)(a), 102(2)(a)); Data unavailable.
- Refusing a breath sample keeps a first‑offence minimum fine of $2,000 (Criminal Code s.320.19(4) as amended).
- Bail decisions may consider that you face a “potentially lengthy” term, not the existence of a minimum sentence (Criminal Code s.515(10)(c)(iv)).
- Victims of crime
- There are no automatic minimum prison terms for the listed offences. Judges can still impose long sentences up to the stated maximums where facts justify it (various sections).
- Use of a prohibited or restricted firearm must count against the offender at sentencing (Criminal Code s.718.2(a)(ii.2)).
- Law enforcement and prosecutors
- Charging and plea decisions will operate without statutory minimums in the listed offences; sentencing submissions must rely on aggravating factors and case law (various sections).
- Drug cases keep statutory aggravating factors for sentencing (CDSA s.10(2) as amended).
- People with criminal records
- The bill adjusts references in the Criminal Records Act tied to sexual assault provisions (CRA Schedules 1–2 updates to Criminal Code s.272). Practical effect beyond technical updating is not stated (CRA amendments).
Note: The bill does not include a special coming‑into‑force clause in the provided text. Such amendments normally take effect on Royal Assent.
Expenses#
Estimated net cost: Data unavailable.
- No direct appropriations or new revenues are stated in the bill text.
- The bill changes sentencing ranges and eligibility for conditional sentences. Any impacts on corrections, legal aid, courts, or prosecution resources are not quantified. Data unavailable.
- No official fiscal note was provided in the materials reviewed. Data unavailable.
Proponents' View#
- Restores judicial discretion by removing fixed minimum prison terms so judges can tailor sentences to the facts and the offender (multiple Criminal Code and CDSA sections amended to remove minimums).
- Maintains strong tools to protect the public by keeping high maximum penalties, including 10 years, 14 years, and life imprisonment for serious crimes (e.g., Criminal Code ss.220, 236, 239, 273, 344, 346).
- Adds clear aggravation for using prohibited or restricted firearms, guiding courts to impose tougher sentences when weapons elevate harm (Criminal Code s.718.2(a)(ii.2)).
- Expands availability of conditional sentences in appropriate cases by removing the bar linked to minimum penalties, which can support rehabilitation and reduce re‑offending in lower‑risk cases (Criminal Code s.742.1(b) repealed).
- For drug offences, keeps statutory aggravating factors for serious conduct at sentencing without resorting to rigid minimums (CDSA s.10(2) as amended).
Assumptions to note: Benefits depend on judicial application and existing appellate guidance; the bill does not itself set average sentence lengths.
Opponents' View#
- Removing mandatory minimums for serious offences (e.g., certain firearm crimes, child sexual offences, human trafficking, large‑scale fraud) could lead to lighter sentences in some cases and reduce deterrence or consistency (e.g., Criminal Code ss.85, 95, 151–153, 163.1, 271–273, 279.01–279.03, 333.1(2) repealed, 380(1.1) repealed).
- Expanded conditional sentence eligibility may allow community‑based sentences for offences the public views as too serious for non‑custodial penalties (Criminal Code s.742.1(b) repealed).
- Removing minimums could increase sentencing variation across regions and judges, leading to more appeals and uncertainty until new guidelines emerge (general sentencing framework; various sections).
- Repeal of certain CDSA provisions (ss.8, 9) may create transitional uncertainty until courts and practitioners adjust; the bill text does not explain their replacement or rationale (CDSA ss.8–9 repealed). Data unavailable.
- Some maximum terms are unspecified in the provided text (e.g., Criminal Code ss.92(3), 96(2)(a), 102(2)(a)), which could reduce clarity until corrected (bill excerpt).