An Act to amend the Criminal Code (independence of the judiciary)
Bill S-213 (44-1) was a Senate Private Member's Bill to give judges more discretion over sentencing by letting a court depart from a mandatory minimum penalty, or a mandatory prohibition order, where it would be just and reasonable, with written reasons. It would also have let judges order treatment programs without the Attorney General's consent and weigh a jury's recommendation on parole ineligibility in murder cases. Supporters argued mandatory minimums tie judges' hands and contribute to the over-incarceration of Indigenous and Black offenders. The bill stalled in Senate committee and did not become law.
Status
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Would give judges a 'safety valve' to depart from a mandatory minimum sentence where it would be just and reasonable, with written reasons. Supporters say mandatory minimums tie judges' hands and worsen the over-incarceration of Indigenous and Black offenders. A Senate bill; it did not become law.
Issues this bill touches
- Democratic Renewal & Electoral Reform
Criminal Code amendments on independence of the judiciary.
Legislative history
- First reading
First reading in the Senate.
View source - Second reading
Second reading in the Senate.
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Official source
Read full text on Parliament of Canada