Summary#

This bill amends the Criminal Code to change how courts sentence people convicted of motor vehicle theft. It adds a 3‑year mandatory minimum prison term for a third or later conviction when the Crown proceeds by indictment, makes organized‑crime involvement a primary factor at sentencing, and bars conditional sentences (serving the sentence in the community) for indictable motor vehicle theft (Bill s. 333.1(1)(a), 333.1(3), 742.1(e)). It does not change police powers or create new programs.

• Sets a 3‑year minimum prison term for a third or subsequent motor vehicle theft conviction when prosecuted by indictment (Bill s. 333.1(1)(a)).
• Requires judges to give primary weight to any link to a criminal organization when sentencing for motor vehicle theft (Bill s. 333.1(3)).
• Makes people convicted of indictable motor vehicle theft ineligible for a conditional sentence order (community‑based sentence) (Bill s. 742.1(e)).
• No explicit coming‑into‑force clause; amendments take effect on Royal Assent (Bill text).
• Preamble cites rising theft and organized‑crime involvement as the rationale (e.g., 34% increase since 2015; one vehicle stolen every six minutes in 2023) (Preamble).

What it means for you#

• Households and drivers

  • No new reporting, insurance, or recovery processes. The bill only changes sentencing after conviction (Bill text).
  • Any change in theft rates would depend on deterrence and enforcement, which the bill does not address directly. Data unavailable.

• People accused or convicted of motor vehicle theft

  • Third or later conviction: If the Crown proceeds by indictment, the judge must impose at least 3 years in prison. The maximum remains 10 years (Bill s. 333.1(1)(a)).
  • First or second conviction: Penalties are unchanged. Maximum is up to 10 years on indictment or lower if the Crown proceeds summarily (existing s. 333.1).
  • Conditional sentences: If convicted on indictment, you cannot receive a conditional sentence (a community‑based sentence served outside jail). A jail sentence must be imposed. Conditional sentences may still be available if the Crown proceeds summarily, subject to other legal limits (Bill s. 742.1(e)).
  • Organized‑crime link: If the theft was for the benefit of, at the direction of, or in association with a criminal organization, judges must give that fact primary weight when deciding the sentence (Bill s. 333.1(3)).

• Prosecutors and courts

  • Election choice matters more: Proceeding by indictment triggers the 3‑year minimum for third‑or‑later offences and makes conditional sentences unavailable (Bill s. 333.1(1)(a), 742.1(e)).
  • Sentencing reasons must address organized‑crime involvement as a primary consideration in motor vehicle theft cases (Bill s. 333.1(3); existing s. 718.2 already lists this as aggravating in general).

• Police and border agencies

  • No new enforcement powers or tools. Existing laws on investigation, seizure, and export controls are unchanged (Bill text).

• Victims

  • No new restitution or victim‑support provisions. Existing avenues remain (Bill text).

Expenses#

Estimated net cost: Data unavailable.

• No appropriations, grants, or fees are created by the bill (Bill text).
• The 3‑year mandatory minimum for third‑or‑later indictable convictions would increase time in custody; no official cost estimate is provided. Data unavailable.
• Making indictable motor vehicle theft ineligible for conditional sentences may shift some sentences from community to custody; no official cost estimate is provided. Data unavailable.
• Custody placement depends on sentence length: sentences of 2 years or more are served federally; under 2 years are served provincially/territorially (existing law). The bill could therefore drive costs at both levels; no official breakdown. Data unavailable.

Proponents' View#

• Stronger penalties will deter repeat offenders and incapacitate those who persist in theft, addressing a rising crime trend (3‑year minimum for third‑or‑later offences) (Bill s. 333.1(1)(a); Preamble).
• Organized‑crime involvement in vehicle theft is significant; making it a primary consideration ensures higher sentences in gang‑linked cases (Bill s. 333.1(3); Preamble).
• Removing conditional sentences for indictable motor vehicle theft treats the offence as serious and ends community sentences for serious cases, improving public safety (Bill s. 742.1(e)).
• The bill targets repeat and organized crime without changing first‑ or second‑offence maximums, preserving proportionality for less entrenched offenders (Bill s. 333.1).
• The preamble’s figures (e.g., a 34% increase since 2015; one theft every six minutes in 2023; >12,000 incidents in Toronto in 2023) show urgency and justify stronger sentencing (Preamble). Underlying data sources are not evaluated in the bill; assumptions about deterrence remain (Preamble).

Opponents' View#

• Mandatory minimums can reduce judicial discretion and have faced constitutional challenges in Canada; a 3‑year floor may invite litigation and case delays (risk flagged based on Supreme Court jurisprudence on mandatory minimums; Bill s. 333.1(1)(a)).
• The minimum applies only when the Crown proceeds by indictment. This may lead to uneven outcomes across regions and cases, as prosecutors may elect summary proceedings to avoid a rigid sentence, affecting consistency (Bill s. 333.1(1)(a)).
• Barring conditional sentences for indictable cases may increase jail populations for shorter sentences that would otherwise be served in the community, with costs shifted to provinces for sentences under 2 years and to the federal system for 2+ years (Bill s. 742.1(e)). Data on volumes and costs are unavailable.
• Deterrence effects are uncertain; the bill provides no evidence that longer sentences reduce motor vehicle theft rates. The preamble’s statistics do not prove causation (Preamble).
• “Primary consideration” for organized‑crime links duplicates an existing aggravating factor in the Criminal Code (s. 718.2). Elevating it only for motor vehicle theft may create appeals over how much weight is “primary” and reduce flexibility to weigh other factors (Bill s. 333.1(3); existing s. 718.2).