Bill Detail
An Act to amend the Criminal Code (independence of the judiciary)
This enactment amends the Criminal Code to give a court the discretion to vary the punishment to be imposed in respect of an offence for which the punishment — or different degrees or kinds of punishment — is prescribed in an enactment.
It requires a court to consider all available options before imposing a minimum punishment of imprisonment or period of parole ineligibility under a provision of any Act of Parliament, and to provide written reasons for imposing a minimum punishment of imprisonment or period of parole ineligibility.
It gives a court discretion in the treatment or counselling program that a person who has been found guilty of an offence may attend and removes the requirement for the Attorney General to give their consent in order to delay sentencing under subsection 720(2) of the Criminal Code.
It provides that a judge is to take into consideration the recommendation of the jury in setting the period of parole ineligibility for a person who has been found guilty of first or second degree murder.
This bill aims to give judges more flexibility when sentencing people convicted of crimes. Currently, some laws require judges to impose a minimum prison sentence or a minimum period before someone can apply for parole. This bill would allow judges to consider other options before imposing these mandatory minimums, and they would have to explain their reasons in writing if they do impose them. This could lead to more just and proportionate sentences, especially for marginalized groups like women, Indigenous peoples, and individuals with mental disabilities.
Legislative Timeline
Votes
Yes / No Ratio
How each party voted
| Party | Position | Yes | No |
|---|---|---|---|
| Bloc | Yes | 100% | 0% |
| Conservative | Yes | 100% | 0% |
| Green | No | 0% | 100% |
| Liberal | Yes | 100% | 0% |
| NDP | Yes | 100% | 0% |