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FederalDid not become law (session ended)42nd Parliament, 1st Session

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

Jurisdiction
Federal Parliament
Legislature / Parliament
Parliament of Canada
Session
42nd Parliament, 1st Session
Bill number
Bill S-251
Full title
An Act to amend the Criminal Code (independence of the judiciary) and to make related amendments
Current status
Did not become law (session ended)
Latest event
At consideration in committee in the Senate
Last updated
Nov 27, 2018
Sponsor

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.

Chamber
Parliament of Canada
Current Stage
At consideration in committee in the Senate
Latest Activity
Nov 27, 2018
Sponsor
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

This bill amends the Criminal Code to grant judges more discretion in sentencing and to make related amendments to other legislation.

What It Means

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.

What This Bill Does
  • 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.
Who Is Affected
  • 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)
Rights, Duties, Or Obligations
  • 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.
Important Dates
  • 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.
Financial Or Tax Impacts
  • The bill allows for the reduction or elimination of victim surcharges, which could impact government revenue.
Enforcement Or Penalties
  • The bill focuses on judicial discretion in sentencing rather than introducing new penalties.
Uncertainties Or Limits
  • 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.
Laws Or Regulations Affected
Criminal Code
amends

Allows courts more discretion to vary or not impose mandatory prohibition orders.

Source: Section 718.4

Criminal Code
amends

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

Criminal Code
amends

Removes the Attorney General's consent requirement for delaying sentencing to allow participation in court-supervised treatment or counselling programs.

Source: Section 720(2)

Criminal Code
amends

Gives courts the discretion to reduce or waive victim surcharges if the standard amount cannot be paid.

Source: Section 737(3.1)

Criminal Code
amends

Allows judges to consider a jury's recommendation on the parole ineligibility period for murder convictions.

Source: Section 745.2

Criminal Code
amends

Grants courts discretion over the punishment imposed, even if minimum punishments are prescribed.

Source: Sections 718.3(1) and (2)

Bill C-28
repeals

This bill is repealed on the day this current bill receives royal assent.

Source: Section 6

Criminal Code
repeals

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

Controlled Drugs and Substances Act
repeals

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

Criminal Code
repeals

Section 304 and subsection 404(4) of the Criminal Code are repealed on the day Bill C-75 receives royal assent.

Source: Section 8

Youth Criminal Justice Act
repeals

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 text

Parliamentary Process

Step 1
First reading
May 29, 2018
Completed

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.

Introduction and first reading, May 29, 2018
End of stage activity, May 29, 2018
Chamber sittings
Introduction and first reading - May 29, 2018

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.

Step 2
Second reading
Nov 27, 2018
Completed

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.

Second reading, Nov 27, 2018
Referral to committee, Nov 27, 2018
End of stage activity, Nov 27, 2018
Chamber sittings
Debate at second reading - May 31, 2018

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.

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.

Debate at second reading - Sep 27, 2018

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.

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.

Debate at second reading - Oct 16, 2018

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.

Debate at second reading - Nov 27, 2018

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.

Step 3
Consideration in committee
Date not listed
No activity

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.

Step 4
Report stage
Not reached yet
Not reached

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.

Step 5
Third reading
Not reached yet
Not reached

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.

Step 1
First reading
Not reached yet
Not reached

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.

Step 2
Second reading
Not reached yet
Not reached

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.

Step 3
Consideration in committee
Not reached yet
Not reached

Bill S-251 has reached the 'Consideration in committee' stage in the House of Commons, but this stage has not yet occurred.

Step 4
Report stage
Not reached yet
Not reached

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.

Step 5
Third reading
Not reached yet
Not reached

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.

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
Kim Pate
Senator | Independent Senators Group (ISG) | Ontario
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