Summary#

Bill C-321 would change the Criminal Code to make assaults or threats against people who provide health services (including personal care services) and first responders, while on duty, an aggravating factor at sentencing. It does not create a new crime or change maximum penalties. It applies when a judge sentences someone for uttering threats to cause death or bodily harm or for assault-related offences (Criminal Code s.264.1(1)(a), 266–269) (Bill, new section after Criminal Code s.269.01).

• Judges must treat the victim’s role (health services provider or first responder on duty) as an aggravating factor at sentencing (Bill, new section after s.269.01).
• Applies to uttering threats to cause death or bodily harm and to assault offences: assault, assault with a weapon or causing bodily harm, aggravated assault, and unlawfully causing bodily harm (Criminal Code s.264.1(1)(a), 266–269).
• Covers people who provide health services, including personal care services; and first responders engaged in their duty (Bill, new section after s.269.01).
• May result in longer jail sentences or stricter probation for convicted offenders; judges still sentence within existing ranges (Bill, new section after s.269.01).
• Does not change police powers, charging standards, bail rules, or the elements of the offences.

What it means for you#

• Households

  • If someone is convicted of assaulting or threatening a health worker or first responder who is on duty, the court must consider that fact to increase the seriousness at sentencing (Bill, new section after s.269.01).
  • This change does not affect day-to-day access to care or emergency services.

• Health services workers (including personal care workers)

  • Judges must consider your on-duty status as an aggravating factor when sentencing a person convicted of assaulting you or threatening death or bodily harm (Bill, new section after s.269.01).
  • Applies in hospitals, clinics, long-term care, home care, and other health settings where services are provided. The bill does not define “health services” beyond noting it includes “personal care services.”

• First responders

  • Judges must consider your on-duty status as an aggravating factor when sentencing a person convicted of assaulting you or threatening death or bodily harm (Bill, new section after s.269.01).
  • The bill does not define “first responder,” which may require the court to determine who is covered in specific cases.

• Accused persons and defendants

  • If convicted of the listed offences against an on-duty health services provider or first responder, you face a higher likelihood of a harsher sentence, within existing penalty ranges (Criminal Code s.264.1(1)(a), 266–269; Bill, new section after s.269.01).
  • No new offences are created; the change applies only at sentencing.

• Employers and facilities (hospitals, clinics, long-term care homes, ambulance services)

  • You may need to help document a victim’s role and on-duty status to support sentencing submissions (Bill, new section after s.269.01).
  • Workplace safety rules, reporting duties, and security procedures are unchanged by this bill.

• Provincial/territorial justice systems

  • Crown prosecutors will need to lead evidence of the victim’s role and duty status at sentencing. Court workload impact is unknown. Data unavailable.

Expenses#

Estimated net cost: Data unavailable.

• The bill contains no direct appropriations, taxes, or fees (Bill, new section after s.269.01).
• Possible downstream effects, such as longer sentences increasing custody or supervision costs for provinces/territories and the federal system, are not estimated. Data unavailable.
• No official fiscal note identified. Data unavailable.

Proponents' View#

• The bill gives clear direction that assaults and threats against on-duty health workers and first responders are more serious, promoting consistent sentencing across courts (Bill, “shall consider” language; new section after s.269.01).
• It covers both threats to cause death or bodily harm and assault-related offences, addressing a range of common harms in care and response settings (Criminal Code s.264.1(1)(a), 266–269).
• Including “personal care services” ensures coverage for support workers who often face risk in long-term care and home care (Bill, new section after s.269.01).
• Judges retain discretion within existing ranges, so the bill targets sentencing principles without expanding offences or maximum penalties (Bill, new section after s.269.01).
• Supporters argue the change may deter some offences and signal system support for these workers. Evidence of deterrence effect is not provided. Data unavailable.

Opponents' View#

• Judges already must weigh aggravating factors under Criminal Code s.718.2; courts often treat assaults on on-duty workers as aggravating, so the bill may be redundant and have limited impact (Criminal Code s.718.2(a)).
• “First responder” is not defined, which could cause uneven application and litigation over who qualifies (Bill, new section after s.269.01).
• The scope is narrow: it excludes other common behaviours like criminal harassment, intimidation, or mischief unless they fit the listed offences, limiting practical reach (Criminal Code s.264.1(1)(a), 266–269).
• There is no evidence the change will reduce incidents; it acts after harm occurs and relies on sentencing-based deterrence, which may be weak. Data unavailable.
• If sentences lengthen, custody and supervision costs may rise for provinces/territories and the federal system; no cost estimate is provided. Data unavailable.