Bill C-16 explained in plain English
An Act to amend the Criminal Code
Federal Parliament bill summary, status, timeline, sponsor, votes, and official sources.
At a glance
Official Parliament of Canada snapshot for 40th Parliament, 3rd Session. MP vote breakdowns appear when the House of Commons publishes a recorded division export for that bill. Senate and House stage details include official debate/sitting links when LEGISinfo publishes them.
Our plain-language take, written for civic education.
Source: By PoliticalData.ca
Bill C-16 amends the Criminal Code to restrict conditional sentences (serving time in the community) for serious crimes and offences with long maximum prison terms.
Bill C-16 changes Canadian criminal law regarding conditional sentences. A conditional sentence allows someone convicted of a crime to serve their sentence in the community instead of in prison, but only under strict conditions. Currently, courts can impose conditional sentences for crimes sentenced to less than 2 years in prison, with certain exceptions. This bill removes the exception for "serious personal injury offences" and adds new restrictions. After this bill, judges cannot allow conditional sentences for: - Any crime prosecuted by indictment (the most serious prosecution method) with a maximum sentence of 14 years or life imprisonment - Terrorism offences or criminal organization offences prosecuted by indictment with maximum sentences of 10 years or more - Most crimes prosecuted by indictment with a maximum 10-year sentence where the crime resulted in bodily harm, involved drugs (import, export, trafficking, or production), or involved a weapon - Specific serious crimes including prison breach, luring a child, criminal harassment, sexual assault, kidnapping, human trafficking, abduction, theft over $5,000, breaking and entering (non-residential), unlawful entry into a home, and arson for fraud Judges can still impose conditional sentences for less serious offences, but must be satisfied the sentence would not endanger community safety and would be consistent with the purposes and principles of sentencing in the Criminal Code. The bill was introduced April 22, 2010, by the Minister of Justice. It will come into effect on a date chosen by the Governor in Council (the federal cabinet).
- Removes the reference to 'serious personal injury offences' from section 742.1 of the Criminal Code as an exception to conditional sentencing
- Restricts the availability of conditional sentences for all indictable offences with a maximum prison term of 14 years or life imprisonment
- Restricts the availability of conditional sentences for most indictable offences with a maximum 10-year sentence if the offence resulted in bodily harm, involved drug trafficking or production, or involved a weapon
- Restricts the availability of conditional sentences for terrorism offences and criminal organization offences prosecuted by indictment with maximum sentences of 10 years or more
- Prohibits conditional sentences for 11 specific serious offences when prosecuted by indictment, including sexual assault, kidnapping, human trafficking, breaking and entering, and arson for fraud
- Maintains that judges can impose conditional sentences for less than 2 years imprisonment if the offence does not fall within the restricted categories and the judge is satisfied the sentence would not endanger community safety
- Persons convicted of indictable offences (more serious crimes) in Canada
- Judges and courts imposing criminal sentences
- The criminal justice system and sentencing practices
- Communities where offenders might otherwise serve conditional sentences in the community
- Judges must refuse conditional sentences for offences that fall within the restricted categories listed in the amended section 742.1
- Judges retain discretion to impose conditional sentences for qualifying offences if satisfied the sentence would not endanger community safety and would be consistent with sentencing principles
- Offenders convicted of restricted offences must serve sentences in prison rather than in the community
- Courts must continue to apply sentencing principles in sections 718 to 718.2 when deciding on all sentences
- Bill introduced for first reading: April 22, 2010
- Commencement date: To be fixed by order of the Governor in Council (not yet determined in the bill text)
- The exact commencement date of the bill is not specified; it will be set later by the Governor in Council
- The bill text does not explain the rationale for the specific offences listed in section 742.1(f), or explain what distinguishes them from other serious offences
- The bill does not provide details on how the changes will affect existing conditional sentences already imposed before the bill comes into force
- The bill does not define what constitutes 'bodily harm' in the context of section 742.1(e)(i), referring only to Criminal Code sentencing principles in sections 718 to 718.2
This section is replaced entirely. The new version removes the 'serious personal injury offence' exception and adds specific restrictions on which offences can receive conditional sentences, including restrictions based on maximum sentence length and specific offence types.
Source: Section 2 of Bill C-16
Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.
Official textThe official summary published alongside the bill, shown exactly as written.
Source: Parliament of Canada (LEGISinfo)
A legislative summary is currently being prepared for this bill by the Parliamentary Information and Research Service of the Library of Parliament. Meanwhile, the following executive summary is available. On 22 April 2010, the Minister of Justice introduced Bill C-16, An Act to amend the Criminal Code (Ending House Arrest for Property and Other Serious Crimes by Serious and Violent Offenders Act) in the House of Commons and it was given first reading. The bill amends the Criminal Code to eliminate the reference, in section 742.1, to serious personal injury offences, and to restrict the availability of conditional sentences for all offences for which the maximum term of imprisonment is 14 years or life and for specified offences, prosecuted by way of indictment, for which the maximum term of imprisonment is 10 years.
This is the official summary published by the Parliament of Canada, shown verbatim. Not legal advice. PoliticalData.ca did not write or edit this text.
View on LEGISinfoParliamentary Process
We don't have a plain-language summary for First reading yet. The official source linked below is the full record.
We don't have a plain-language summary for Second reading yet. The official source linked below is the full record.
We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.
Bill C-16, an Act to amend the Criminal Code, completed its First Reading in the House of Commons on April 22, 2010, and was referred to committee following Second Reading on May 6, 2010.
This record shows the procedural steps for Bill C-16, an Act to amend the Criminal Code, in the House of Commons. It was introduced at First Reading on April 22, 2010. Later, on May 6, 2010, it received Second Reading and was referred to a committee. The record also lists the sponsor and response speeches given during the Second Reading debates.
Bill C-16, An Act to amend the Criminal Code, was introduced and read for the first time in the House of Commons on April 22, 2010.
On April 22, 2010, during the House of Commons sitting, Bill C-16, An Act to amend the Criminal Code, was introduced and received first reading. This procedural step means the bill has been formally presented to the House and its text has been made public. It does not signify any debate or decision on the bill's content at this stage.
The House of Commons completed the second reading of Bill C-16 on May 6, 2010, and referred it to a committee, following major speeches from various parties.
This record outlines the second reading stage of Bill C-16 in the House of Commons, which occurred on May 6, 2010. Following the second reading, the bill was referred to a committee for further consideration. The record indicates that major speeches were made on May 5 and May 6, 2010, with speeches from Brent Rathgeber (Conservative), Brian Murphy (Liberal), and Serge Ménard (Bloc Québécois) noted. The second reading was agreed to.
During the second reading debate of Bill C-16 in the House of Commons, members discussed proposed changes to the Criminal Code aimed at restricting the use of conditional sentences for serious and violent offences, with varying perspectives on public safety, rehabilitation, and judicial discretion.
This record documents the second reading debate in the House of Commons on May 3, 2010, concerning Bill C-16, an Act to amend the Criminal Code. The debate focused on proposals to restrict the use of conditional sentences (often referred to as house arrest) for serious and violent offenders, as well as for serious property crimes. While the initial intent of conditional sentences was to reduce incarceration rates and offer rehabilitation opportunities for less serious offenders, concerns were raised that courts were inconsistently applying these sentences to more serious crimes. The bill aims to provide clearer parameters by making certain offences ineligible for conditional sentences, including those punishable by 14 years or life imprisonment, and specific offences like fraud, robbery, and certain drug offences. The debate highlighted differing views on the balance between punishment, public safety, and rehabilitation, with arguments presented on the effectiveness and potential misuse of conditional sentences, as well as the financial implications of increased incarceration.
During a House of Commons sitting on May 5, 2010, members debated various issues including government policies and the Criminal Code through Oral Questions and the consideration of Bill C-16, alongside other routine proceedings and private members' business.
On May 5, 2010, the House of Commons convened for a sitting that included statements by members on various topics such as human trafficking, maternal and child health, and Multiple Sclerosis Awareness Month. The House also engaged in Oral Questions, where members debated government policies, the firearms registry, and the status of women. Several routine proceedings occurred, including the tabling of government responses to petitions and the introduction of new bills. The main business of the day involved the debate and subsequent vote on Bill C-16, An Act to amend the Criminal Code, which was debated at the second reading stage and referred to a committee. Other private members' business, including Bill C-311 (Climate Change Accountability Act), Bill C-288 (Income Tax Act), and Bill C-471 (Pay Equity Task Force Recommendations Act), were also debated and voted upon.
During the second reading debate on May 6, 2010, House of Commons members discussed Bill C-16, focusing on amendments to the Criminal Code regarding conditional sentencing, with concerns raised about potential costs and the government's crime policy.
On May 6, 2010, during the second reading debate in the House of Commons, members discussed Bill C-16, which proposes to amend the Criminal Code. The debate focused on changes to conditional sentencing provisions, with members from the NDP and Bloc Québécois expressing concerns about the bill's potential impact on incarceration rates, costs to provinces, and the government's approach to crime. The New Democratic Party, in particular, questioned the government's justification for the changes and suggested that the bill could lead to increased prison populations and costs, while also criticizing the government's communication strategy regarding crime bills. The discussion also touched upon the history of conditional sentencing and its intended purpose of reducing reliance on incarceration and incorporating restorative justice. The debate concluded with the motion to read the bill a second time and refer it to a committee being agreed to.
We don't have a plain-language summary for Consideration in committee yet. The official source linked below is the full record.
We don't have a plain-language summary for Report stage yet. The official source linked below is the full record.
We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.
Debate and sitting links point to official parliamentary sources when LEGISinfo publishes them. Any plain-language discussion summaries should be generated from those official texts and reviewed before public display.
Vote Summary
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No published representative vote breakdown
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Official sources
Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.
How this data is sourced