Bill S-251 explained in plain English
An Act to amend the Criminal Code (independence of the judiciary) and to make related amendments
Federal Parliament bill summary, status, timeline, sponsor, votes, and official sources.
At a glance
Official Parliament of Canada snapshot for 42nd Parliament, 1st 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
This bill amends the Criminal Code to grant judges more discretion in sentencing and to make related amendments to other legislation.
This bill, An Act to amend the Criminal Code (independence of the judiciary), proposes changes to the Criminal Code of Canada. It aims to provide judges with more discretion when imposing sentences, including the ability to deviate from mandatory minimum punishments, vary prohibition orders, and adjust victim surcharges. The bill also seeks to repeal or amend other related bills.
- Gives courts the discretion to not impose a mandatory prohibition order, or to add or change conditions of such an order, if the court finds it just and reasonable. The court must provide reasons for this decision.
- Requires courts to consider all sentencing options before imposing a mandatory minimum prison sentence or parole ineligibility period, and to provide written reasons if such a minimum is imposed.
- Removes the requirement for the Attorney General's consent to delay sentencing to allow an individual to attend a treatment or counselling program.
- Allows courts to order a lower victim surcharge than what is set out in law, or no victim surcharge at all, if the court considers it appropriate and believes the standard amount cannot be paid. The court must provide reasons for this decision.
- Changes the process for judges when a jury finds an accused guilty of first or second-degree murder, by allowing the judge to consider a jury's recommendation regarding the parole ineligibility period.
- Repeals Bill C-28, an act that also aimed to amend the Criminal Code regarding victim surcharges, on the day this bill receives royal assent.
- Repeals section 190 of the Criminal Code on the day Bill C-45 (related to cannabis) receives royal assent and this bill is in force.
- Repeals sections 304 and 404(4) of the Criminal Code on the day Bill C-75 receives royal assent.
- Courts and judges
- Individuals found guilty of criminal offences
- Individuals subject to prohibition orders
- Individuals facing mandatory minimum sentences or parole ineligibility
- Individuals required to pay victim surcharges
- Accused individuals facing first or second-degree murder charges
- The Attorney General's office
- Parliament (through the amendment and repeal of other bills)
- Courts are obligated to consider all sentencing options and provide written reasons when imposing mandatory minimum sentences.
- Courts are obligated to provide reasons when deciding not to make a mandatory prohibition order or when varying its conditions.
- Courts are obligated to provide reasons when ordering a reduced or no victim surcharge.
- Individuals have the right to have courts consider their circumstances when determining prohibition orders and victim surcharges.
- Judges are to consider jury recommendations regarding parole eligibility for murder.
- The repeal of Bill C-28 occurs on the day this bill receives royal assent.
- The repeal of section 190 of the Criminal Code and the Controlled Drugs and Substances Act occurs on the first day that Bill C-45 receives royal assent and this bill is in force.
- The repeal of section 304 and subsection 404(4) of the Criminal Code and the Youth Criminal Justice Act occurs on the day Bill C-75 receives royal assent.
- The bill allows for the reduction or elimination of victim surcharges, which could impact government revenue.
- The bill focuses on judicial discretion in sentencing rather than introducing new penalties.
- The bill's impact on specific sentencing outcomes will depend on how courts exercise their new discretion.
- The bill's provisions related to Bill C-45 and Bill C-75 indicate that their repeal effects are contingent on the assent and commencement of those other bills.
Allows courts more discretion to vary or not impose mandatory prohibition orders.
Source: Section 718.4
Requires courts to consider all sentencing options and provide written reasons before imposing mandatory minimum prison sentences or parole ineligibility periods.
Source: Section 718.5
Removes the Attorney General's consent requirement for delaying sentencing to allow participation in court-supervised treatment or counselling programs.
Source: Section 720(2)
Gives courts the discretion to reduce or waive victim surcharges if the standard amount cannot be paid.
Source: Section 737(3.1)
Allows judges to consider a jury's recommendation on the parole ineligibility period for murder convictions.
Source: Section 745.2
Grants courts discretion over the punishment imposed, even if minimum punishments are prescribed.
Source: Sections 718.3(1) and (2)
This bill is repealed on the day this current bill receives royal assent.
Source: Section 6
Section 190 of the Criminal Code is repealed on the day Bill C-45 receives royal assent and this bill is in force.
Source: Section 7
Section 190 of the Controlled Drugs and Substances Act is repealed on the day Bill C-45 receives royal assent and this bill is in force.
Source: Section 7
Section 304 and subsection 404(4) of the Criminal Code are repealed on the day Bill C-75 receives royal assent.
Source: Section 8
Section 304 and subsection 404(4) of the Youth Criminal Justice Act are repealed on the day Bill C-75 receives royal assent.
Source: Section 8
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 textParliamentary Process
Bill S-251, concerning amendments to the Criminal Code related to judicial independence, completed its first reading in the Senate on May 29, 2018, followed by referral to committee and second reading.
This artifact outlines the first reading of Bill S-251 in the Senate on May 29, 2018. This is a procedural step where the bill is formally introduced. The bill was later referred to a committee on November 27, 2018, and had its second reading on May 31, 2018. The artifact also notes major speeches given at the second reading stage in September and October 2018 and mentions a similar bill, C-669, from a previous Parliament.
The Senate proceeded with first reading of Bill S-251, alongside various other legislative and procedural business, including debates on related bills and responses during Question Period.
This artifact details proceedings in the Senate on May 29, 2018. It includes various statements by senators, tabling of reports, and notices of motions. A key procedural event was the first reading of Bill S-251, An Act to amend the Criminal Code (independence of the judiciary) and to make related amendments, introduced by Senator Kim Pate. The debate on other bills, such as Bill S-203 (ending the captivity of whales and dolphins) and Bill S-243 (reporting on unpaid income tax), was adjourned. The artifact also includes a significant amount of text related to Question Period, where various ministers responded to questions on a range of topics including agriculture, transportation, and Indigenous issues. Finally, there are extended debates on various inquiries and motions, including discussions on Senate modernization, the expungement of historically unjust convictions, and the historical context of Canada's Constitution.
The Senate completed the second reading of Bill S-251, which aims to amend the Criminal Code regarding the independence of the judiciary, and subsequently referred it to a committee.
This artifact describes the Senate's second reading stage for Bill S-251, An Act to amend the Criminal Code (independence of the judiciary). The second reading stage was completed on May 31, 2018, with major speeches occurring on September 27 and October 16, and November 27, 2018. Following this stage, the bill was referred to a Senate committee on November 27, 2018. The artifact also notes a similar private member's bill, C-669, from a previous Parliament.
During a Senate sitting on May 31, 2018, senators delivered statements, tabled committee reports, debated and voted on motions related to Bill C-45 (cannabis legalization), and debated various other bills and inquiries, including those on access to information, child-rearing violence, domestic violence, voluntary blood donations, and a national Silver Alert strategy.
The Senate met and conducted various proceedings. Several senators made statements recognizing specific groups and events. Routine proceedings included the tabling of various committee reports on bills, including reports on Bill C-74 and Bill C-46. A motion regarding the proceedings on Bill C-45 (cannabis legislation) was adopted, outlining a schedule for debate on specific themes. Bill C-262 (United Nations Declaration on the Rights of Indigenous Peoples Bill) received first reading. Question Period addressed topics such as American trade measures, the Trans Mountain Pipeline, access to information, rail service for Churchill, Manitoba, China's role in domestic affairs, the surf clam quota, the Champlain Bridge, and advisory committee employment. Orders of the Day included continued debate on Bill C-58 (Access to Information Act and Privacy Act amendments) and Bill S-206 (protection of children against child-rearing violence), and second reading of Bill S-249 (national strategy for the prevention of domestic violence) and Bill S-252 (Voluntary Blood Donations Act). A motion to adjust Question Period on June 5, 2018, was adopted. Amendments were proposed and debated regarding Bill C-45, specifically concerning home cultivation of cannabis. A motion to encourage a national Silver Alert strategy was adopted. Debates on inquiries regarding full employment and challenges faced by seasonal workers in New Brunswick were continued.
During the Senate's second reading of Bill S-251, the bill was referred to committee, with the proceedings also covering other legislative business and discussions.
This artifact is a record of Senate proceedings on May 31, 2018. It does not contain the text of Bill S-251, but rather records the Senate's discussion and procedural steps related to it. The bill, concerning the independence of the judiciary, was at the second reading stage and was referred to committee. The artifact also includes discussions on other bills and various Senate business, including tabling of committee reports, motions, and question period.
During a Senate sitting on September 27, 2018, the second reading debate for Bill S-251, concerning the independence of the judiciary, continued with Senator Howard Wetston speaking in support of the bill's aim to provide judges with greater sentencing discretion.
On September 27, 2018, the Senate met. The sitting included the introduction of two new senators, Honourable Bev Busson and Honourable Marty Klyne. Senators from different parties welcomed them and spoke about their impressive careers. The Senate also heard tributes to former Senator Joyce Fairbairn and a discussion on post-traumatic stress disorder among police officers. Several routine proceedings occurred, including the tabling of a Charter Statement for Bill C-81 and the State of Canada's Forests report. Question Period covered topics such as NAFTA negotiations, the incarceration of Terri-Lynne McClintic, medical assistance in dying, Indigenous police services, refugee children detention, the Netflix broadcasting agreement, and human rights in Venezuela and Iran. The Senate then debated and adjourned the second reading of Bill C-71 (firearms), continued debate on the Speech from the Throne, and adopted motions related to Question Period and adjournment. Crucially for Bill S-251, there was a continuation of the second reading debate on "An Act to amend the Criminal Code (independence of the judiciary) and to make related amendments." Senator Howard Wetston spoke in favour of the bill, highlighting concerns with mandatory minimum penalties and their impact on judicial discretion, the over-representation of Indigenous and racialized persons in prisons, and their contribution to court delays. He noted that the bill aims to provide judges with discretion to impose proportionate sentences and could help address these issues.
During the second reading debate of Bill S-251, Senator Howard Wetston spoke in favour of the bill, emphasizing its potential to enhance judicial discretion in sentencing and address issues of over-incarceration and court delays.
This artifact is a record of Senate debate during the second reading stage of Bill S-251. The debate focused on the bill's potential impact on mandatory minimum penalties and judicial discretion. Senator Howard Wetston spoke in support of the bill, arguing that it would allow judges more flexibility in sentencing, which could help address the over-representation of Indigenous and racialized individuals in the justice system. He also highlighted concerns about the fairness and proportionality of mandatory minimum sentences and the administrative burden they place on the courts. The debate also touched upon the need for judicial discretion to avoid sentences that could be considered cruel and unusual punishment, and the potential for the bill to reduce court delays and costly legal challenges.
On October 16, 2018, the Senate welcomed new senators, heard statements on various matters, conducted Question Period with the Minister of Natural Resources, and continued debate on multiple bills including those related to criminal law, national security, firearms, and Indigenous history.
This artifact is a record of a sitting of the Senate on October 16, 2018. The sitting included the introduction and welcoming of five new senators, statements on various topics including LNG Canada, Autism Awareness Month, and the Indigenous Law Program at the University of Victoria, and routine proceedings such as tabling reports and introducing bills. The sitting also included Question Period where the Minister of Natural Resources addressed questions on Trans Mountain Pipeline, carbon pricing, steel and aluminum tariffs, and the Impact Assessment Bill. The Senate also continued debate on several bills, including Bill C-51 (amendments to the Criminal Code and Department of Justice Act), Bill C-59 (national security matters), Bill C-62 (Federal Public Sector Labour Relations Act), Bill C-71 (firearms regulations), Bill S-203 (ending the captivity of whales and dolphins), Bill S-238 (shark fin importation), Bill S-243 (Canada Revenue Agency Act), Bill S-249 (national strategy for domestic violence prevention), Bill C-374 (Historic Sites and Monuments Act), and Bill S-1002 (Girl Guides of Canada). The debate on Bill S-251, concerning the independence of the judiciary, was also continued.
During a Senate sitting on November 27, 2018, senators engaged in routine proceedings, question period covering economic and defence issues, and debated/voted on multiple bills concerning environmental assessments, fisheries, tax, criminal code amendments, and borrowing authority, while also discussing official languages and Senate modernization.
On November 27, 2018, the Senate of Canada convened for a sitting that included routine proceedings, question period, and the consideration of various bills and motions. Notably, the sitting featured discussions on the renaming of a lake to honour Cree women, the 16 Days of Activism against Gender-Based Violence, the situation of Vietnamese refugees, and congratulations for a university football team. Several reports were tabled, and notices of motions were given. Question Period addressed job losses in the auto and energy sectors, export of pulse crops to India, shortages in the Royal Canadian Air Force, VIA Rail procurement, and allegations of Russian interference in the 2015 election. The Senate then proceeded to debate and vote on several bills, including amendments to the Federal Sustainable Development Act, the Fisheries Act, the Impact Assessment Act, the Canadian Energy Regulator Act, the Navigation Protection Act, the Canada Revenue Agency Act, and the Criminal Code regarding mandatory minimum penalties. Debates also occurred on amending the Borrowing Authority Act and establishing National Physicians’ Day, as well as developing a national framework for essential workforce skills. Motions concerning Senate modernization and the recognition of the Pontic Greek genocide were debated and voted upon. A significant portion of the sitting was dedicated to a debate on reaffirming the importance of both official languages in light of cuts to French services in Ontario, with senators sharing personal experiences and advocating for linguistic rights. The sitting concluded with proceedings being continued to the next day.
Bill S-251, concerning the independence of the judiciary, is currently awaiting committee consideration in the Senate, with no recent activity noted at this stage.
This artifact describes the procedural status of Bill S-251 in the Senate. The bill is currently at the stage of 'Consideration in committee' in the Senate. There has been no recent activity in this specific stage, and the last recorded action was its referral to a committee on Tuesday, November 27, 2018. The artifact also provides historical information, including its first and second readings, and lists major speeches given during the second reading debate.
Bill S-251, concerning the independence of the judiciary, has reached the Senate Report stage, which has not yet occurred, with its last procedural step being a referral to committee in November 2018.
The Senate has reached the Report stage for Bill S-251, An Act to amend the Criminal Code (independence of the judiciary) and to make related amendments. This stage has not yet been reached. The bill was last referred to a committee on Tuesday, November 27, 2018. Speeches were made during the Second Reading stage in May, September, and October of 2018. A similar bill, C-669, was introduced in a previous Parliament.
Bill S-251, concerning amendments to the Criminal Code regarding judicial independence, is currently under committee review in the Senate, having completed its first and second readings.
This artifact describes the procedural status of Bill S-251 in the Senate. The bill is currently undergoing consideration in a Senate committee. The record indicates the bill was referred to a committee on November 27, 2018. It also notes the dates of its first and second readings, as well as major speeches given during the second reading stage. The artifact also mentions a similar bill, C-669, introduced in a previous Parliament.
Bill S-251, an Act to amend the Criminal Code regarding judicial independence, has reached the first reading stage in the House of Commons, though this specific procedural step has not yet occurred.
This record indicates that Bill S-251, concerning amendments to the Criminal Code related to judicial independence, has reached the first reading stage in the House of Commons. This is an initial procedural step where the bill is formally introduced. The artifact notes that this stage has not yet been reached in the current parliamentary process.
This record indicates that Bill S-251's Second Reading stage in the House of Commons has not been reached, while the bill is currently under consideration by a Senate committee.
This artifact describes the status of Bill S-251 in the House of Commons, specifically concerning its Second Reading stage. The record indicates that the Second Reading stage in the House of Commons has not yet been reached. The bill's current overall status is 'At consideration in committee in the Senate'. It also notes the bill was referred to a Senate committee on November 27, 2018, after its first reading on May 29, 2018, and its second reading in the Senate on May 31, 2018. The artifact also mentions that major speeches occurred during the second reading in the Senate on September 27, 2018, and October 16, 2018, with specific senators noted as giving speeches.
Bill S-251 has reached the 'Consideration in committee' stage in the House of Commons, but this stage has not yet occurred.
This artifact indicates that Bill S-251 has reached the 'Consideration in committee' stage in the House of Commons. However, the 'Stage state' is listed as 'Not reached,' meaning this procedural step has not yet occurred for this bill in the House of Commons. The bill was referred to a committee in the Senate on Tuesday, November 27, 2018, following its first and second readings in May and May/June 2018 respectively. The artifact also notes similar bills, such as C-669, that were introduced in a previous Parliament.
Bill S-251, concerning the independence of the judiciary, has not yet reached the report stage in the House of Commons and is currently under consideration by a Senate committee.
This artifact describes the procedural status of Bill S-251 in the House of Commons. It indicates that the 'House of Commons Report stage' has not yet been reached for this bill. The bill's current status is 'At consideration in committee in the Senate'. The last recorded activity was the bill's referral to a Senate committee on November 27, 2018.
Bill S-251 has reached the House of Commons Third reading stage but has not yet occurred, while it is currently under consideration in a Senate committee.
This artifact indicates that Bill S-251, an Act to amend the Criminal Code (independence of the judiciary), has reached the 'Third reading' stage in the House of Commons. However, the status is marked as 'Not reached', meaning this procedural step has not yet occurred. The bill is currently undergoing consideration in a Senate committee. The artifact also provides a history of the bill's progress, including its first and second readings in the Senate, and lists related speeches. It also mentions a similar bill, C-669, from a previous Parliament.
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
This bill is still active. We only show vote counts after the legislature publishes a recorded division.
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