Legal and Constitutional Affairs

Tuesday, May 26, 2026

The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its

SEVENTH REPORT

Your committee, to which was referred Bill C-14, An Act to amend the Criminal Code, the Youth Criminal Justice Act and the National Defence Act (bail and sentencing), has, in obedience to the order of reference of March 12, 2026, examined the said bill and now reports the same with the following amendments:

1.Clause 23, pages 8 and 11:

(a)On page 8,

(i)replace line 8 with the following:

“day on which the release order is made unless the judge, justice or court is satisfied that no other suitable surety is available and that doing so is in the interests of justice.

(2.12) If a judge, justice or court names a person described in subsection (2.11) as a surety, the judge, justice or court shall include in the record a statement of the reasons for doing so.”; and

(b)on page 11,

(i)add the following after line 22:

“(12) Section 515 of the Act is amended by adding the following after subsection (13.1):

(13.2) If the issue of the application of section 493.2 to the accused is not raised by the accused or any other party, the justice shall inquire on the record of proceedings whether that section applies to the accused.”.

2.Clause 58.1, page 29:

(a)Replace line 22 with the following:

“recidivism by accused at large on release orders, rates of detention in custody before trial and”; and

(b) add the following after line 27:

“(3) In preparing the report, the Minister must

(a) consult individuals and organizations with specific expertise in data collection in the criminal justice system; and

(b) to the greatest extent feasible, coordinate the collection of data with Statistics Canada.”.

3.Clause 84, page 39:

(a)Replace line 25 with the following:

“30th day after royal assent

84 (1) Sections 2 to 55, 59 to 70, 73, 74 and 79 to 81 come into”; and

(b)add the following after line 27:

“Order in council

(2) Sections 71 and 72 come into force on a day to be fixed by order of the Governor in Council.”.

Respectfully submitted,

Observations to the Seventh Report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill C-14)

The majority of committee members support the following observations:

Recognizing Current Challenges

The committee recognizes the seriousness of repeat violent offending, intimate partner violence, human trafficking, organized crime, violence against children and offences against first responders.

The committee calls for stronger, immediate action to address violence against women and to support victims and survivors of intimate partner violence.

The committee also recognizes that Canada’s bail and remand systems are already under serious strain and that reforms that could increase the use of detention must be carefully monitored.

Addressing the Overrepresentation of Marginalized Groups

The committee is concerned that Bill C-14 may disproportionately affect those most marginalized and most at risk of violence, exploitation and recruitment, including Indigenous Peoples, Black Canadians, survivors of violence against women, youth, people with disabilities, individuals experiencing poverty and homelessness, individuals experiencing mental health or substance-use needs, and residents of northern and remote communities.

The committee urges the Government of Canada to provide a specific timeline for addressing the overrepresentation of certain groups in the criminal justice system, both as accused persons and as victims. This should include urgently fulfilling the Truth and Reconciliation Commission’s Call to Action 30, which required eliminating the overrepresentation of Indigenous Peoples in custody by the end of 2025.

Robust, Standardized and Transparent Data

The committee is concerned that Parliament is being asked to enact significant bail and sentencing reforms without comprehensive, standardized national data to support key assumptions underlying Bill C-14, namely that harsher bail and sentencing measures will improve public safety. The committee has reported in the past about the need for more data to substantiate bail policy, including changes to reverse onus provisions. Evidence from Statistics Canada confirmed that nationally consistent bail data do not currently exist, limiting the ability to assess patterns of offending, the use and effectiveness of bail conditions, and the distinction between new substantive offences and technical breaches.

A broad spectrum of witnesses agreed that improved data collection and transparency are essential to well-founded criminal justice policy, particularly to understand impacts on Indigenous Peoples, Black Canadians, survivors of violence against women, youth, people with disabilities, individuals experiencing poverty and homelessness, individuals experiencing mental health or substance-use needs, and residents of northern and remote communities.

The committee therefore urges the Government of Canada to work with the provinces and territories to collect disaggregated data sufficient to evaluate whether Bill C-14 achieves its public-safety objectives without exacerbating systemic inequities. In particular, the committee urges the Government of Canada to work with the provinces and territories to develop standardized bail and remand data as a matter of urgency.

The committee urges that future criminal justice legislation be accompanied, at the time of introduction, by robust, publicly available empirical data and analysis provided by the Government of Canada, including offence-specific data, equity-impact analysis and implementation-cost analysis.

Effective Information Sharing

Testimony also highlighted the need to improve and modernize national information-sharing infrastructure, including police information systems. Witnesses emphasized that timely and accurate access to information is essential for police to enforce bail conditions and respond to breaches. Accordingly, to support the objectives of Bill C-14, the committee encourages federal, provincial, and territorial governments to make investments to:

•strengthen and modernize police information systems, including the Canadian Police Information Centre (CPIC);

•deploy a broadband network dedicated to public safety;

•ensure 5G (or newer) technology coverage; and

• establish standardized national training for those working within the criminal justice system.

The committee further notes that a more integrated national approach to bail information would also support the development of a stronger evidence base to assess what is working, identify remaining gaps, and inform future policy and legislative improvements.

Organized Crime

The committee recommends that the Government of Canada develop a national strategy to combat organized crime. This strategy should include coordination among police services, prosecuting authorities, and intelligence agencies to ensure consistent application of the provisions of Bill C-14 across the country.

Post-Event Review Where Young Person Identified

The committee heard testimony concerning the provision of Bill C-14 that would permit the release of a young person’s name in exigent circumstances without prior judicial authorization, where there is an imminent risk to public safety. Several witnesses and submissions to the committee noted the potentially lasting impact such disclosure could have on a young person’s life, particularly with respect to rehabilitation and reintegration. At the same time, other witnesses suggested that post-event review could serve as an appropriate safeguard.

Accordingly, the committee recommends that the Government of Canada consider establishing a post-event or independent review mechanism — through the courts or existing independent police oversight bodies — to help ensure that this authority is exercised appropriately and proportionately. A post-event review mechanism would help ensure that lessons learned are not lost and would allow best practices to be identified, refined, and shared among police agencies across Canada, contributing to a more consistent and informed national approach.

Upstream and Preventative Measures

The committee urges the Government of Canada to act swiftly to make the upstream investments to improve community safety referenced by the Minister of Justice as forthcoming, including investments in affordable housing, income, mental health and addiction supports, and young people who may be at risk, in a way that meaningfully reaches those most marginalized. As the minister stated and as empirical evidence demonstrates, upstream investments are the most effective way to make long-term progress in ending violent crime and supporting community safety.

Resources to Support Implementation

The committee urges the federal, provincial, and territorial governments to support the implementation of Bill C-14 through resources for courts, Crown prosecutors, legal aid, victim services, bail supervision, and community-based justice programs.

Annual Reporting

The committee proposes annual reporting on the effects of Bill C-14. In general, this would constitute the annual report required under clause 58.1 of the bill. In addition, annual reporting should highlight the impact of the new provisions on the overrepresentation of Indigenous Peoples and racialized individuals. The report should be accompanied by corrective measures necessary to mitigate any negative impacts of the provisions.

Comprehensive Criminal Code Reform

The committee has reported in the past about how the Criminal Code has been amended in a piecemeal manner for many decades and has become cumbersome, sometimes repetitive or inconsistent, and is in need of comprehensive reform (see, for instance, the committee’s 2017 report Delaying Justice is Denying Justice at pages 41 to 43).

The committee notes the potential for the Law Commission of Canada to undertake a comprehensive review, which should include a study of all provisions in the Code that pertain to violence against women, in particular intimate partner violence, as well as a review of applicable sanctions in cases involving violence against women and the underlying values of such sanctions.