Summary#

This bill changes the Criminal Code and the Corrections and Conditional Release Act to create a new crime for breaching conditions of parole, statutory release, or temporary absence when the person was convicted of a Schedule I or II offence (serious violent or drug offences), and to require parole supervisors to report such breaches to key authorities. It also narrows who can get a conditional sentence (serving a sentence in the community) by excluding people convicted of certain serious offences.

• Creates a new offence for breaching parole or statutory release conditions for Schedule I/II offenders, with up to 2 years in jail on indictment (Criminal Code s.145(5.1)).
• Requires parole supervisors to report qualifying breaches to the Parole Board of Canada, Correctional Service of Canada, the Attorney General, and police (CCRA new reporting duty, before s.135).
• Bars conditional sentences for offences with maximums of 14 years or life (indictable), certain 10‑year maximum offences that caused bodily harm, involved drugs, or used a weapon, and a list of specified indictable offences (Criminal Code s.742.1(c),(e),(f)).
• Likely shifts some sentences from community supervision to custody; exact numbers are not provided in the bill. Data unavailable.
• Takes effect on Royal Assent (no separate coming-into-force clause stated).

What it means for you#

• Households

  • Public safety agencies may respond more often to reported breaches by higher-risk offenders, because parole supervisors must notify police and the Attorney General about qualifying breaches (CCRA new reporting duty).

• People on conditional release or long‑term supervision for Schedule I/II offences

  • New criminal offence if you “fail or refuse to comply, without reasonable excuse,” with a condition of parole, statutory release (mandatory release near the two‑thirds point), long‑term supervision, or temporary absence (Criminal Code s.145(5.1); CCRA new reporting duty).
  • Penalties: indictable offence up to 2 years’ imprisonment; or summary conviction (typically up to 2 years less a day and/or fine, unless otherwise provided) (Criminal Code s.145(5.1), s.787(1)).
  • Your parole supervisor must report any breach and its circumstances to the Parole Board of Canada, Correctional Service of Canada, the Attorney General, and police (CCRA new reporting duty).

• People being sentenced

  • You cannot receive a conditional sentence (serve in the community) if:
    • The offence, prosecuted by indictment, has a maximum penalty of 14 years or life (Criminal Code s.742.1(c)).
    • The offence, prosecuted by indictment, has a 10‑year maximum and:
      • resulted in bodily harm, or
      • involved the import, export, trafficking, or production of drugs, or
      • involved the use of a weapon (Criminal Code s.742.1(e)).
    • The offence, prosecuted by indictment, is one of the following: prison breach (s.144), criminal harassment (s.264), sexual assault (s.271), kidnapping (s.279), material benefit—trafficking (s.279.02), abduction of person under 14 (s.281), motor vehicle theft (s.333.1), theft over $5,000 (s.334(a)), break and enter (non‑dwelling) (s.348(1)(e)), unlawfully in a dwelling‑house (s.349), arson for fraudulent purpose (s.435) (Criminal Code s.742.1(f)).
  • If barred from a conditional sentence, you must serve the sentence in custody or under another fit sentence allowed by law.

• Parole supervisors

  • New legal duty to report qualifying breaches to the Parole Board of Canada, Correctional Service of Canada, the Attorney General, and police, including the circumstances (CCRA new reporting duty).
  • This is in addition to existing powers related to suspension, termination, and revocation processes (CCRA s.135 and following).

• Police and prosecutors

  • You will receive reports of breaches from parole supervisors for Schedule I/II offenders and may proceed with charges under the new offence (Criminal Code s.145(5.1); CCRA new reporting duty).

• Courts and corrections (federal and provincial/territorial)

  • Courts may see more breach cases to adjudicate; community‑sentence eligibility narrows for listed offences. Data unavailable.
  • Custodial populations may increase if fewer people qualify for conditional sentences. Data unavailable.

Expenses#

Estimated net cost: Data unavailable.

• No official fiscal note or appropriation is included in the bill text. Data unavailable.
• Potential cost drivers (not quantified in the bill or public fiscal notes):
  • Additional policing, prosecution, legal aid, and court time from the new breach offence (Criminal Code s.145(5.1)). Data unavailable.
  • Increased correctional costs if fewer conditional sentences result in more custody, especially for sentences under 2 years served in provincial/territorial facilities (Criminal Code s.742.1(c),(e),(f)). Data unavailable.
  • Administrative workload for parole supervisors and the Parole Board of Canada from mandatory reporting (CCRA new reporting duty). Data unavailable.

Proponents' View#

• Improves public safety by making breaches of release conditions for higher‑risk offenders a clear criminal offence with defined penalties, creating stronger accountability (Criminal Code s.145(5.1)).
• Ensures timely information‑sharing: mandatory reporting of breaches to police and the Attorney General supports faster enforcement and decision‑making (CCRA new reporting duty).
• Limits community sentences for serious crimes by excluding offences with maximums of 14 years or life, certain 10‑year maximum offences involving harm, drugs, or weapons, and specified serious offences (Criminal Code s.742.1(c),(e),(f)).
• Provides clearer, uniform consequences for non‑compliance with conditions, which proponents argue can deter breaches (Criminal Code s.145(5.1)).
• Aligns sentence type with offence seriousness by reserving conditional sentences for less serious crimes, as defined in the amended lists (Criminal Code s.742.1(c),(e),(f)).

Opponents' View#

• Criminalizes “administrative” breaches (such as missing curfew or appointments) for a subset of offenders, which could increase incarceration without a new underlying crime, adding pressure to courts and jails (Criminal Code s.145(5.1)). Data unavailable.
• Mandatory reporting to police and the Attorney General may reduce case‑by‑case discretion of parole officers and duplicate existing suspension/revocation tools, increasing workload without clear benefit (CCRA new reporting duty; existing CCRA s.135 and following).
• Narrowing conditional sentences likely shifts more people into custody, with associated costs borne largely by provinces/territories for shorter sentences; no cost estimates are provided (Criminal Code s.742.1(c),(e),(f)). Data unavailable.
• Could impede rehabilitation by limiting community‑based sentences, even for some offences without physical violence (e.g., criminal harassment), increasing barriers to employment and family stability. Data unavailable.
• The “without reasonable excuse” standard may be applied unevenly, leading to inconsistent enforcement across regions (Criminal Code s.145(5.1)). Data unavailable.