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FederalDid not become law (session ended)40th Parliament, 3rd Session

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

Jurisdiction
Federal Parliament
Legislature / Parliament
Parliament of Canada
Session
40th Parliament, 3rd Session
Bill number
Bill C-16
Full title
An Act to amend the Criminal Code
Current status
Did not become law (session ended)
Latest event
At consideration in committee in the House of Commons
Last updated
May 6, 2010

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.

Chamber
Parliament of Canada
Current Stage
At consideration in committee in the House of Commons
Latest Activity
May 6, 2010
Plain-language explanation
In plain English (our explanation)

Our plain-language take, written for civic education.

Source: By PoliticalData.ca

AI-assisted, reviewed before publishing
Short Version

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.

What It Means

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).

What This Bill Does
  • 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
Who Is Affected
  • 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
Rights, Duties, Or Obligations
  • 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
Important Dates
  • 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)
Uncertainties Or Limits
  • 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
Laws Or Regulations Affected
Criminal Code, section 742.1 (Conditional sentencing)
amended

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 text
Official summary
Official summary (Parliament of Canada)

The official summary published alongside the bill, shown exactly as written.

Source: Parliament of Canada (LEGISinfo)

Third-party sourceView on 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 LEGISinfo

Parliamentary Process

Step 1
First reading
Not reached yet
Not reached

We don't have a plain-language summary for First reading yet. The official source linked below is the full record.

Step 2
Second reading
Not reached yet
Not reached

We don't have a plain-language summary for Second reading yet. The official source linked below is the full record.

Step 3
Third reading
Not reached yet
Not reached

We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.

Step 1
First reading
Apr 22, 2010
Completed

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.

Introduction and first reading, Apr 22, 2010
End of stage activity, Apr 22, 2010
Chamber sittings
Introduction and first reading - Apr 22, 2010

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.

Step 2
Second reading
May 6, 2010
Completed

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.

Second reading and referral to committee, May 6, 2010
End of stage activity, May 6, 2010
Chamber sittings
Debate at second reading - May 3, 2010

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.

Debate at second reading - May 5, 2010

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.

Debate at second reading - May 6, 2010

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.

Step 3
Consideration in committee
Date not listed
No activity

We don't have a plain-language summary for Consideration in committee yet. The official source linked below is the full record.

Step 4
Report stage
Not reached yet
Not reached

We don't have a plain-language summary for Report stage yet. The official source linked below is the full record.

Step 5
Third reading
Not reached yet
Not reached

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

No published recorded division

This bill is still active. We only show vote counts after the legislature publishes a recorded division.

Sponsor
Rob Nicholson
Sponsor party or district not listed
Jurisdiction
Federal Parliament

No published representative vote breakdown

This bill is still moving through the process. When a recorded division is published, representative positions can be listed here.

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