Bill S-207 explained in plain English
An Act to amend the Criminal Code (independence of the judiciary)
Federal Parliament bill summary, status, timeline, sponsor, votes, and official sources.
At a glance
Official Parliament of Canada snapshot for 43rd Parliament, 2nd 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 S-207 amends the Criminal Code to give courts greater discretion in sentencing, including the ability to depart from minimum sentences, vary or decline mandatory prohibition orders, and consider jury recommendations in murder cases.
Bill S-207 changes the Criminal Code to increase judicial discretion in sentencing decisions. The bill allows courts to depart from mandatory minimum sentences if they consider it necessary for a just and reasonable outcome. It gives courts the power to decline mandatory prohibition orders or modify their conditions. It requires courts to consider all alternatives before imposing minimum prison sentences or parole ineligibility periods and to provide written reasons for their decisions. It removes the requirement for the Attorney General to consent to delay sentencing for treatment or counselling programs. For murder convictions, the bill expands the jury's role by allowing them to make recommendations about parole eligibility in both first-degree and second-degree murder cases, and requires judges to consider these recommendations.
- Amends section 718.3 of the Criminal Code to clarify that courts have discretion to impose sentences despite limitations prescribed in law, including discretion to depart from minimum sentences.
- Adds new section 718.4 to allow courts to decline to make a mandatory prohibition order, or to add conditions to or vary the conditions of a prohibition order, if the court considers it just and reasonable, and requires the court to state reasons for such decisions.
- Adds new section 718.5 to require courts to consider all available alternatives before imposing a minimum sentence of imprisonment or minimum period of parole ineligibility, and to determine that no just and reasonable alternative exists, and to provide written reasons for imposing such sentences.
- Amends section 720(2) to remove the requirement for Attorney General consent to delay sentencing for treatment or counselling programs and to allow courts to select programs they consider appropriate rather than only province-approved programs.
- Amends section 745.2 to expand jury recommendations on parole eligibility to include both first-degree and second-degree murder convictions, and requires judges to consider jury recommendations when determining parole eligibility periods.
- Judges and courts, who gain greater discretion in sentencing decisions and must follow new procedural requirements when departing from mandatory minimums
- Persons convicted of criminal offences, who may receive more individualized sentences reflecting their circumstances
- Persons subject to prohibition orders, who may have the orders declined or modified
- Juries in first-degree and second-degree murder trials, who now have an explicit role in recommending parole eligibility periods
- The Attorney General, whose consent is no longer required for sentencing delays for treatment programs
- Treatment and counselling programs, which courts can now select without provincial approval requirements
- Crime victims, whose interests must continue to be considered in sentencing and program decisions
- Courts must have discretion to depart from mandatory minimum sentences when they consider it just and reasonable
- Courts may decline or modify mandatory prohibition orders if just and reasonable, and must state reasons for doing so
- Courts must consider all available alternatives before imposing minimum prison sentences or parole ineligibility periods
- Courts must provide written reasons when imposing minimum sentences or parole ineligibility periods
- Courts may delay sentencing for treatment or counselling programs based on consent of the convicted person only, without Attorney General approval
- Judges must consider jury recommendations regarding parole eligibility in murder cases
- Juries have the right to make recommendations about parole eligibility in both first-degree and second-degree murder cases
- The bill does not specify a commencement date; the text indicates it would apply upon receiving Royal Assent
- No specific financial or tax impacts are detailed in the bill text
- The bill does not establish new penalties or enforcement mechanisms; it creates procedural requirements and discretionary powers for courts
- The bill does not define what 'just and reasonable' means in the context of declining or modifying prohibition orders or minimum sentences; this will be subject to judicial interpretation
- The bill does not specify what constitutes 'all available options' that courts must consider before imposing minimum sentences
- The bill does not explain how courts should balance jury recommendations with other sentencing principles in murder cases
- The bill does not specify the timing or format of written reasons required for minimum sentences
- The bill's interaction with section 745.3 (which addresses parole ineligibility for multiple murders) is not clarified
- The practical effect of removing Attorney General consent from section 720(2) delays is unclear, as the bill text does not address existing case law or practice
Courts now have explicit discretion to depart from any prescribed limitations on punishment, including mandatory minimum sentences, in order to impose just and reasonable sentences.
Source: Section 1 of Bill S-207
Courts gain the authority to decline mandatory prohibition orders or modify their conditions and periods if it is just and reasonable to do so, and must provide written reasons for such decisions.
Source: Section 2 of Bill S-207
Courts must consider alternative sentencing options before imposing minimum prison sentences or minimum parole ineligibility periods, must determine no just and reasonable alternative exists, and must provide written reasons.
Source: Section 2 of Bill S-207
The Attorney General's consent is no longer required to delay sentencing for treatment or counselling programs, and courts can now choose programs they consider appropriate without restriction to province-approved programs.
Source: Section 3 of Bill S-207
Juries in both first-degree and second-degree murder cases may now make recommendations on the number of years an accused must serve before parole eligibility, and judges must consider these recommendations.
Source: Section 4 of Bill S-207
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-207, concerning the independence of the judiciary, completed its first reading in the Senate on September 30, 2020, and subsequently moved through second reading before being sent to a committee.
This artifact shows the initial procedural step for Bill S-207 in the Senate. The bill was introduced and received its first reading on September 30, 2020. Later, it proceeded to second reading where speeches were made by the sponsor and other senators. The bill was then referred to a committee for further consideration.
On September 30, 2020, the Senate sat to pay tribute to individuals, introduce Bill S-207, consider numerous motions, and engage in Question Period on various national issues, including COVID-19 response and Indigenous affairs.
This record details the proceedings of the Senate on September 30, 2020. The Senate was recalled to sit on this date instead of its originally scheduled date of October 5, 2020. The sitting included tributes to the late Honourable Brenda Robertson, the late Aline Chrétien, and discussions on Honouring Canada’s Black Artists and the Canadian Police and Peace Officers’ Memorial Service. Routine proceedings involved the introduction of several bills, including Bill S-207, An Act to amend the Criminal Code (independence of the judiciary), which was introduced by Senator Kim Pate and read for the first time. Numerous notices of motions were also given, covering a wide range of topics from committee studies on various issues to calls for government action. The Question Period addressed topics such as COVID-19 testing, the Inter-Parliamentary Union presidency, business rent relief, hybrid chamber sittings, access to safe drinking water for Indigenous communities, mental health support for Indigenous peoples, and the safety of Indigenous women and children. The sitting concluded at 5:33 p.m.
Bill S-207 completed its second reading in the Senate and was referred to a committee for further study.
Bill S-207, concerning the independence of the judiciary, completed its second reading stage in the Senate on May 25, 2021. Following this, the bill was referred to a Senate committee for further consideration. The second reading stage involved several speeches from senators, including the sponsor, between October and December 2020. The official record does not detail the content of these speeches or the committee's discussions.
The Senate held a sitting that included the adjournment of debate on Bill S-207 at second reading, the adoption of a motion to authorize hybrid sittings, and various other procedural items and statements.
This Senate sitting included various procedural matters, including the introduction of several bills, tabling of committee reports, and adoption of motions. The debate at second reading for Bill S-207, concerning amendments to the Criminal Code regarding judicial independence, was adjourned. The sitting also featured statements by senators on topics such as Small Business Week, the late Honourable Nicholas William Taylor and Honourable Alan Abraham, and Latin American Heritage Month. A significant portion of the sitting was dedicated to a debate and subsequent adoption of a motion to authorize hybrid sittings, allowing senators to participate remotely.
On October 27, 2020, the Senate debated and adjourned the second reading of Bill S-207 concerning judicial independence, adopted a motion to enable hybrid sittings, and introduced several other bills.
This artifact is a record of the Senate's proceedings on October 27, 2020. It includes various discussions, statements, and the introduction of several bills. Notably, Bill S-207, an Act to amend the Criminal Code (independence of the judiciary), was introduced and its second reading debate was adjourned. The Senate also adopted a motion to authorize hybrid sittings, allowing senators to participate remotely via videoconference. Several other bills were introduced, reports were tabled, and notices of motions were given on various topics. The debate on Bill S-207, concerning amendments to the Criminal Code related to judicial independence, was initiated by Senator Kim Pate. She spoke about systemic racism, mandatory minimum penalties, and the overrepresentation of Indigenous and racialized individuals in the prison system, arguing that the bill would allow judges discretion to avoid imposing discriminatory sentences. Senator Pierre J. Dalphond and Senator Leo Housakos also spoke on other matters.
The Senate sitting on November 3, 2020, featured tributes, routine proceedings including committee reports and notices of motions, question period on various government actions, and continued debates on multiple bills at the second reading stage, including Bill S-207 concerning judicial independence.
This artifact is a record of a Senate sitting on November 3, 2020. The sitting included tributes to victims of tragedies in Quebec City and CFB Wainwright, discussions on various topics including mental health, freedom of religion, and respect for official languages, and the tabling of committee reports. A significant portion of the sitting was dedicated to debates on several bills, including those concerning medical assistance in dying, legal and constitutional affairs, criminal records, and the Department for Women and Gender Equality Act. The debate on Bill S-207, An Act to amend the Criminal Code (independence of the judiciary), was continued.
On November 3, 2020, the Senate convened for a sitting that included tributes, procedural matters, committee business, question period, and ongoing debates on various bills and motions, including Bill S-207 concerning judicial independence.
This artifact is a record of Senate proceedings on November 3, 2020. It includes tributes, procedural announcements, committee reports, notices of motions, questions and answers during Question Period, and debates on various bills and motions. The artifact covers discussions on topics ranging from the Quebec City tragedy and mental health to the future of work, human rights in China, and medical assistance in dying. Notably, it includes the continuation of the second reading debate for Bill S-207, concerning amendments to the Criminal Code to ensure judicial independence.
On November 5, 2020, the Senate held statements, routine proceedings, question period, and debated several bills at second reading, including ones related to chemical weapons, judicial independence, voting age, and modern slavery, while also addressing motions on various national and international issues.
The Senate of Canada met on November 5, 2020. The sitting included Senators' Statements on various topics, including Aboriginal Veterans Day, Remembrance Day, and the seventy-fifth anniversary of the United Nations. Routine Proceedings saw committee reports presented and bills introduced. Question Period addressed issues such as veterans' disability benefits, hybrid committee meetings, and the carbon tax. The Senate then proceeded to Orders of the Day, where several bills were debated at second reading, including those concerning the Chemical Weapons Convention Implementation Act, the Criminal Code (independence of the judiciary), the Canada Elections Act (voting age), the Department for Women and Gender Equality Act, and the Modern Slavery Act. A private bill regarding Girl Guides of Canada also proceeded through second reading. Several motions were debated and adjourned, and a motion to authorize a committee to meet by video conference or teleconference was defeated. The sitting concluded with an adjournment motion.
During the second reading debate of Bill S-207, Senator Paula Simons argued that mandatory minimum sentences negatively impact the justice system and undermine judicial independence, citing the case of Helen Naslund.
This artifact is a record of a debate during the second reading of Bill S-207, An Act to amend the Criminal Code (independence of the judiciary), in the Senate on November 5, 2020. Senator Paula Simons spoke about the impact of mandatory minimum sentencing on the justice system, using the case of Helen Naslund as an example. She argued that these sentences undermine judicial independence and public trust in the courts. The debate on this bill was adjourned.
On November 17, 2020, the Senate debated Bill C-9 concerning emergency wage and rent subsidies, addressed various COVID-19 related economic and social issues, and heard debates on other bills and motions, including those concerning judicial independence and Indigenous fishing rights.
This document summarizes a Senate sitting that took place on November 17, 2020. The sitting included statements from senators on various topics, including Remembrance Day, PEN International's Day of the Imprisoned Writer, and the release of a book about Prince Edward Island's 'Famous Five' women leaders. Procedural matters included the tabling of a report on Bill C-9 (Income Tax Act), a motion to consider the subject matter of Bill C-9 in a Committee of the Whole, and the first reading of Bill C-9. The Senate also authorized committees to hold hybrid and virtual meetings. A significant portion of the sitting involved Question Period, where senators asked questions on topics ranging from COVID-19 economic response plans and fiscal updates to sponsorship applications, mandatory quarantine, and untendered government contracts. The Senate then moved into a Committee of the Whole to consider the subject matter of Bill C-9, with the Deputy Prime Minister and Minister of Finance appearing as a witness. Following the Committee of the Whole, the Senate resumed proceedings, with the second reading debate of Bill C-9, the third reading of the Girl Guides of Canada Bill, and second reading debates on Bills S-203 (Protecting Young Persons from Exposure to Pornography) and S-205 (Parliament of Canada Act), as well as Bill S-207 (Criminal Code - independence of the judiciary). Other proceedings included debates on motions regarding post-traumatic stress disorder, cumulative impacts of resource extraction, and Mi’kmaw fishers and communities, as well as an inquiry into weaknesses in the long-term care system.
This Senate sitting record from November 19, 2020, details debates on various bills and motions, including Bill S-207 regarding judicial independence, and includes Question Period and Routine Proceedings.
This artifact is a record of a Senate sitting held on November 19, 2020. The sitting included Senators' Statements on various topics, Routine Proceedings concerning committee meetings and notices of motions, Question Period where senators asked questions of the Government Representative in the Senate on diverse issues like the Parole Board of Canada, fiscal updates, immigration, seafood traceability, oil and gas, COVID-19 in northern communities, the French language in Quebec, and Canada-China relations. The Orders of the Day included several debates and motions, including the third reading of Bill C-9 (Income Tax Act amendments), second reading debates on various bills (Criminal Code amendments, Immigration and Refugee Protection Act, Jane Goodall Bill, etc.), and motions to authorize committees to study specific issues. Notably, Bill S-207, concerning amendments to the Criminal Code regarding the independence of the judiciary, was debated at second reading. The sitting concluded with Royal Assent being given to Bill C-9.
During a Senate debate on Bill S-207, senators discussed the negative impacts of mandatory minimum sentencing, advocating for the restoration of judicial discretion to ensure fairer and more equitable sentencing, especially for marginalized groups.
This is a record of a Senate debate on November 19, 2020, concerning Bill S-207, An Act to amend the Criminal Code (independence of the judiciary). The debate focused on the principle of removing mandatory minimum penalties from the legal system. Senators discussed how mandatory minimums prevent judges from considering individual circumstances, potentially leading to unjust sentences. Concerns were raised about the disproportionate impact of mandatory minimums on racialized individuals, particularly Black and Indigenous people, and women, who are overrepresented in the carceral system. The debate also touched upon the potential financial savings from eliminating mandatory minimums and international comparisons with countries that have similar laws. The overall theme was restoring judicial discretion in sentencing.
On December 8, 2020, the Senate convened to discuss various bills and motions, including those related to judicial independence, voting age, modern slavery, and the future of work, and debated matters of foreign policy, ultimately adjourning after several procedural actions and votes.
This record details a Senate sitting on December 8, 2020. The sitting included various procedural matters, statements by senators on diverse topics (such as World Soil Day, the Fiftieth Anniversary of the Royal Commission on the Status of Women, and gender parity in the Senate), question period addressing government policies and actions, and debates on several bills and motions. Notably, the sitting included continued debates on Bill S-3 (Offshore Health and Safety Act), Bill C-3 (Judges Act and Criminal Code amendments), Bill S-209 (voting age), Bill S-210 (Commissioner for Children and Youth), Bill S-216 (Modern Slavery Act), a motion regarding the WE Charity contract, and a motion concerning the future of workers. The sitting also saw a debate and subsequent vote on a motion to condemn the Azerbaijani-Turkish aggression against the Republic of Artsakh, which was negatived. The sitting concluded with the Senate adjourning.
On May 25, 2021, the Senate debated and advanced several bills, including Bill S-207 concerning judicial independence, addressed various policy issues during Question Period and Senators' Statements, and referred multiple bills to committee.
On May 25, 2021, the Senate sat and conducted routine proceedings, including several bills being introduced or receiving first reading. The Senate also debated various items on its Order Paper, including motions, and the Speech from the Throne. Question Period addressed topics such as COVID-19 vaccine rollout, liquefied natural gas, international development, investment in oil and gas companies, systemic racism, and recovery planning. Several senators made statements on various issues, including Asian Heritage Month, anti-Semitism, and the federal greenhouse gas offset system. A significant portion of the sitting involved debates and committee referrals for several bills, including those related to the independence of the judiciary (Bill S-207), criminal records, assisted human reproduction, and copyright.
Bill S-207 is currently being considered by a Senate committee, having previously passed first and second readings and heard related speeches.
This artifact describes the current procedural status of Bill S-207 in the Senate. The bill is currently undergoing consideration in a Senate committee. The last significant procedural action noted was its referral to committee on May 25, 2021. The artifact also lists the dates of the bill's first reading (September 30, 2020) and second reading (October 27, 2020), along with references to major speeches given during the second reading stage in late 2020. It also lists similar bills.
Bill S-207, concerning the independence of the judiciary, has been referred to a Senate committee and has not yet reached the report stage.
This artifact describes the procedural status of Bill S-207 in the Senate. The bill is currently at the 'Report stage' but has 'Not reached' this stage. The latest procedural activity recorded was its referral to a committee on May 25, 2021. The artifact also lists key dates for the bill's progression, including first and second readings, and notes major speeches that occurred during the second reading phase, identifying the speakers and their affiliations.
Bill S-207, aiming to amend the Criminal Code regarding judicial independence, has not yet reached the Senate Third reading stage and is currently under committee consideration.
This artifact indicates that Bill S-207, concerning the independence of the judiciary, has not yet reached the Senate Third reading stage. The bill was last referred to a committee on Tuesday, May 25, 2021, and is currently at the stage of consideration in committee. The record shows the bill's first reading on September 30, 2020, and second reading on October 27, 2020, with several major speeches recorded between November 2020 and May 2021.
Bill S-207, concerning the independence of the judiciary, reached first reading in the House of Commons on September 30, 2020, but this step was not completed, and the bill is now under committee review in the Senate.
This artifact describes the procedural steps for Bill S-207 in the House of Commons. It indicates that the bill reached its 'First reading' stage on September 30, 2020, but this stage was 'Not reached'. The artifact also notes that the bill is currently at the 'consideration in committee' stage in the Senate.
Bill S-207, concerning judicial independence, has passed second reading in the House of Commons and is currently being considered by a Senate committee.
This artifact describes the progress of Bill S-207, an Act to amend the Criminal Code concerning the independence of the judiciary. It indicates that the bill has completed its second reading in the House of Commons and was referred to a committee in the Senate. The record lists the dates when second reading speeches occurred in the House of Commons and provides details about speeches given by specific senators during the Senate's consideration of the bill. The artifact also lists similar bills that have been introduced in the current and previous Parliaments. The current status indicates the bill is under consideration in a Senate committee.
Bill S-207 has not yet reached the committee stage in the House of Commons, with its current status being in committee in the Senate.
This record indicates that Bill S-207, concerning amendments to the Criminal Code regarding judicial independence, has not yet reached the stage of 'Consideration in committee' in the House of Commons. The bill's current status is 'At consideration in committee in the Senate'. The latest recorded activity was its referral to a committee in the Senate on May 25, 2021. The artifact also lists previous readings and major speeches related to the bill in the Senate.
Bill S-207, 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 legislative process for Bill S-207 in the House of Commons. It indicates that the bill has not yet reached the Report Stage in the House of Commons. The process details show that the bill was introduced in the Senate, passed its first and second readings, and was referred to a committee in the Senate on May 25, 2021. The record also lists similar bills that have been introduced in Parliament.
Bill S-207, concerning the independence of the judiciary, has not yet reached the Third Reading stage in the House of Commons and is currently under consideration by a Senate committee.
This artifact describes the House of Commons Third Reading stage for Bill S-207, An Act to amend the Criminal Code (independence of the judiciary). However, this stage has not yet been reached. The bill's current status is 'At consideration in committee in the Senate,' with the latest activity being its referral to a committee on May 25, 2021. The artifact also lists the bill's progression through First Reading (September 30, 2020) and Second Reading (October 27, 2020) in the Senate, along with major speeches given during the Second Reading debates. It also notes similar bills that have been introduced in this and previous Parliaments.
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