Tory motion on bail reform defeated in House of Commons

The motion failed 139–189 in Parliament on September 22, with all "Yays" from Conservatives.

 

The Canadian Press / Adrian Wyld

A Conservative motion to deny bail or parole to repeat criminals failed in the House on Monday, opposed by the Liberals, Bloc, and NDP.

On September 18, Conservative MP Larry Brock introduced a motion to deny bail, probation, parole, or house arrest to repeat serious offenders, seeking 10-year minimum jail terms for "violent criminals."

The motion failed 139–189 in Parliament on September 22, with all "Yays" from Conservatives. MP Brock criticized the Liberals for keeping Canada's "revolving-door justice system wide open."

In recent months, the Conservative Party has been critical of the ease with which criminals get out on bail under Canadian law. One such example includes a Welland, Ontario, man accused of home invasion and sexual assault against a toddler.

Opposition leader Pierre Poilievre expressed his dismay, as a father himself, and introduced the "Jail Not Bail Act" on September 11. 

The proposed legislation targets a 2019 Criminal Code amendment (Bill C-75) that prioritizes the earliest and least restrictive release of an accused with three or more prior convictions.

“It will replace the liberal principle of restraint,” Poilievre said, meaning judges won't have to release the accused as early as possible under the least restrictive conditions.

The proposed legislation would have created a new major offences category, requiring anyone accused of sexual assault, firearms offences, kidnapping, human trafficking, home invasion, robbery, extortion, arson, and other serious charges to prove it is safe to release them on bail.

Ordinarily, the Crown must "show cause" for detention, but with reverse onus, the accused must justify their release.

Reverse onus was introduced in 2023 when the Liberal government passed Bill C-48, applying it to serious violent crimes involving a weapon if the person has a similar conviction within the past five years.

Last week, Justice Minister Sean Fraser announced criminal justice reform would be forthcoming this fall including stricter bail and sentencing for organized crime, car theft, home invasion, and human trafficking.

Liberal Bills C-5 and C-75, unpopular for ending mandatory minimum sentences for certain violent crimes and prioritizing offender release under "least onerous conditions," have exacerbated national crime trends.

“We will be strengthening the system and cracking down on violent crime with new legislation this Fall,” Fraser wrote September 5 on social media.

The Liberal Party also pledged to implement stricter bail laws for home invasions, auto theft, human trafficking, organized crime, and violent crime last election.

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  • Bernhard Jatzeck
    commented 2025-09-24 21:23:44 -0400
    The government loves the mayhem it’s created.