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Jail Not Bail Act

An Act to amend the Criminal Code and the Department of Justice Act

Summary

  • Refocuses bail decisions on public protection by replacing the principle of restraint, expands reverse-onus for specified violent offences, and defines major offences that cannot be released by a peace officer after arrest.
  • Tightens bail by requiring a superior court judge for certain high-risk repeat major offenders, ends interim release upon conviction of an indictable offence pending sentencing, and bars those convicted of an indictable offence in the last 10 years from being sureties.
  • Lowers the detention threshold from substantial likelihood to reasonably foreseeable for reoffending/interference and mandates consideration of criminal history; requires non-citizens and non-permanent residents to surrender passports and have flight risk explicitly assessed.
  • Mandates an annual Department of Justice report on bail outcomes, effectiveness of conditions, accessibility, and disparities.

Builder Assessment

Vote Yes

Improved public safety and reduced crime can support economic activity and aid productivity. While this bill increases remand, court burdens, and correctional costs, it reasonably targets these provisions at high-risk, repeat violent offenders.

  • Public safety benefits outweigh administrative costs when measures are narrowly focused on violent offenders.
  • Safer communities can strengthen investment confidence and workforce participation.
  • To improve alignment, include clear metrics, independent review, and resources to prevent court delays and overcrowding.

Question Period Cards

What empirical evidence has shown that moving from a 'substantial likelihood' test to ‘reasonably foreseeable’ will reduce violent reoffending without driving up unnecessary pretrial detention and Charter challenges?

What are the projected fiscal and capacity impacts on provincial courts, remand centres, and legal aid from the expanded reverse onus and superior-court-only provisions, and who will pay for them?

How will the mandatory passport deposit and residency considerations be applied to avoid unequal treatment or disproportionate impacts on newcomers, refugees, and temporary workers?

Principles Analysis

Canada should aim to be the world's most prosperous country.

Improved public safety and reduced crime can foster economic stability and prosperity by supporting business confidence and community well-being.

Promote economic freedom, ambition, and breaking from bureaucratic inertia (reduce red tape).

While the bill adds some procedural requirements, these are targeted at violent offenders and do not broadly restrict economic activity.

Drive national productivity and global competitiveness.

Safer communities can enhance productivity by reducing crime-related disruptions and improving quality of life.

Grow exports of Canadian products and resources.

No direct link to trade or export growth.

Encourage investment, innovation, and resource development.

While improved safety can help the business climate, the bill does not target investment or innovation and may raise operating costs for justice systems.

Deliver better public services at lower cost (government efficiency).

More detentions, superior court-only hearings for some cases, and reduced peace officer releases likely increase remand costs and backlogs, despite the value of annual reporting.

Reform taxes to incentivize work, risk-taking, and innovation.

No tax measures are included.

Focus on large-scale prosperity, not incrementalism.

This is a significant criminal procedure change but not a strategy to drive broad-based economic prosperity.

Did we get the builder vote wrong?

Email [email protected]

PartyConservative
StatusOutside the Order of Precedence
Last updatedSep 22, 2025
TopicsCriminal Justice
Parliament45