Tory Motion for ‘Three Strikes’ Criminal Justice Defeated in House of Commons

A Conservative motion calling for anyone convicted of three serious offences to be denied bail or parole failed in the House of Commons, with the Liberals, Bloc Québécois, and New Democrats voting against it.

The Tory motion, introduced on Sept. 18 by Conservative MP Larry Brock, sought to prevent criminals convicted of three serious offences from getting bail, probation, parole, or house arrest. The motion also called for keeping “violent criminals” in jail for at least 10 years.

The motion failed on Sept. 22 in Parliament, with 139 “Yays,” all from Conservatives, to 189 “Nays.”

In a statement on X, Brock said the Liberals were voting against tougher prison sentences for violent repeat offenders. “Instead of putting criminals behind bars, they’re keeping Canada’s revolving-door justice system wide open,” he said.

The Conservative Party has been critical of the ease with which criminals get out on bail under Canadian law. In recent months, considerable attention has been given to cases of individuals accused of committing crimes while out on bail for prior offences.

The Conservatives also plan to introduce the “Jail Not Bail Act,” aimed at making it more difficult for those accused of serious crimes to receive bail. The legislation would target the Criminal Code requirement that judges “give primary consideration to the release of the accused at the earliest reasonable opportunity and on the least onerous conditions that are appropriate.” The section was added in 2019 when the Liberals used Bill C-75 to amend the Criminal Code.

The Ontario government has also requested that Ottawa implement measures to tighten rules around bail and sentencing. A letter from the province’s solicitor general and attorney general also called for a “three-strikes” rule that would deny bail for repeat offenders.

The letter also recommended removing bail for those charged with crimes like murder, intimate partner violence, and some firearms offences, bringing back minimum sentences for serious crimes, and implementing reverse onus provisions for crimes like violent home invasions, human trafficking and carjackings. Typically, the Crown must “show cause” why an accused should be kept in custody, while under reverse onus the accused has to show cause why they should be released.

The Liberal government responded to criticisms over its criminal justice laws in 2023 by passing Bill C-48, which created a reverse onus provision for individuals charged with a serious violent offence involving a weapon, provided they have been convicted of a similar offence within the past five years.

Federal Justice Minister Sean Fraser recently said the Liberal government will introduce legislation in the fall to reform Canada’s criminal justice system. He said there will be amendments to the Criminal Code imposing stricter bail conditions and sentencing, particularly for offences related to organized crime, car theft, home invasion, and human trafficking.

“We will be strengthening the system and cracking down on violent crime with new legislation this Fall,” Fraser said in a social media post on Sept. 5.

During the last federal election, the Liberal Party pledged to introduce stricter bail provisions for home invasions, auto theft, human trafficking, organized crime, and violent crime.