Judges Can Order Rehab, Tougher Fentanyl Sentences

Summary#

This bill lets courts add rehabilitation steps to a prison sentence and ties those steps to correctional plans and parole reviews. It also adds a new aggravating factor for sentencing people who traffic large amounts of fentanyl. The aim is to support rehabilitation during custody and address large-scale fentanyl trafficking.

• Courts may order inmates to take job training, write letters acknowledging harm, join approved treatment if they agree, or take other measures, in addition to prison time (Criminal Code 729.2(1)).
• Offenders must make reasonable efforts to complete ordered measures within the time set by the court (Criminal Code 729.2(2)).
• Courts must send information about these orders to the Correctional Service of Canada (CSC), and CSC must reflect them in correctional plans and program decisions (Criminal Code 743.2; CCRA 15.1(1)(b)(iii), 28(c), 76).
• Parole boards must consider reports on the offender’s progress on court-ordered measures when deciding parole (CCRA 101(a)).
• Trafficking fentanyl on a “large scale” becomes an aggravating factor at sentencing under the Controlled Drugs and Substances Act (CDSA 10(2)(a)(v)).

What it means for you#

• Households and victims

  • You may receive a letter from an offender acknowledging harm if a judge orders it; the bill does not set a consent process for recipients (Criminal Code 729.2(1)(b)).
  • The bill does not change victim compensation rules. Restitution remains part of court-ordered obligations referenced in correctional plans (CCRA 15.1(1)(b)(iii)).

• People in custody (offenders)

  • A judge may add measures you must try to complete during custody, such as job training or treatment you agree to join, if programs are available and accept you (Criminal Code 729.2(1)(a),(c)).
  • You must make reasonable efforts to complete the measures within the court’s timeline (Criminal Code 729.2(2)).
  • Your correctional plan will include these court-ordered measures, and your progress on them will be reported to the parole board and considered at parole (CCRA 15.1(1)(b)(iii), 76, 101(a)).

• Correctional Service of Canada and prisons

  • You must include court-ordered measures in correctional plans and consider them when deciding program offerings and placement, including the availability of required programs (CCRA 28(c), 76).
  • Courts must forward details of these orders to CSC (Criminal Code 743.2).

• Parole applicants and parole boards

  • Parole boards will receive assessments and reports on an offender’s progress on court-ordered measures and must consider them when deciding parole (CCRA 101(a)).

• Provinces and treatment providers

  • Court-ordered treatment must be “approved by the province,” and participation is subject to program availability and acceptance, which may affect demand for provincial programs (Criminal Code 729.2(1)(c)).

• People convicted of fentanyl trafficking

  • If the court finds the quantity shows “large-scale” trafficking, that fact becomes an aggravating factor at sentencing, which supports a harsher sentence; the bill does not define “large scale” (CDSA 10(2)(a)(v)).

Expenses#

Estimated net cost: Data unavailable.

• The bill includes no new appropriations or funding mechanisms (Bill text).
• Potential federal operating costs: CSC may need additional assessment, planning, and program capacity to account for court-ordered measures; amounts not specified (CCRA 76). Data unavailable.
• Potential provincial costs: increased use of provincially approved treatment programs where courts order treatment; amounts not specified (Criminal Code 729.2(1)(c)). Data unavailable.
• Court and parole board workload may rise due to new reporting and consideration requirements; amounts not specified (Criminal Code 743.2; CCRA 101(a)). Data unavailable.
• Any savings from reduced reoffending are not estimated. Data unavailable.

Proponents' View#

• Aligns sentencing with rehabilitation by empowering judges to order concrete steps like training and treatment during custody, aiming to support reintegration (Criminal Code 729.2(1)).
• Links court orders to correctional planning and program delivery, improving accountability and follow-through in institutions (CCRA 15.1(1)(b)(iii), 28(c), 76).
• Strengthens parole decision-making by requiring boards to consider verified progress on court-ordered measures, not just risk assessments (CCRA 101(a)).
• Adds a targeted response to fentanyl by making large-scale trafficking an explicit aggravating factor, supporting tougher sentences for high-volume dealers (CDSA 10(2)(a)(v)).
• Provides a restorative option by allowing courts to require offenders to acknowledge harm to victims or affected persons, when appropriate (Criminal Code 729.2(1)(b)).

Opponents' View#

• Program access is uneven: orders depend on “availability” and “program director’s acceptance,” which could lead to unequal treatment by region or facility and affect parole outcomes (Criminal Code 729.2(1)(a),(c); CCRA 28(c)).
• Broad judicial discretion to order “any other measure” may create inconsistent practices across courts and uncertainty for offenders and institutions (Criminal Code 729.2(1)(d)).
• No funding is provided to expand programs; CSC and provinces could face unfunded pressure to deliver and document additional programming tied to court orders (CCRA 76; Bill text).
• The bill lets courts order letters to victims or others without setting a consent or privacy process for recipients, which could raise implementation and trauma‑informed practice concerns (Criminal Code 729.2(1)(b)).
• “Large-scale” fentanyl trafficking is not defined, which may create litigation over thresholds and inconsistent application as an aggravating factor, adding court workload (CDSA 10(2)(a)(v)).