What’s in the Parliamentary pipeline?

Parliament returns for the winter sitting this week, with a full order paper of bills. 

The pace of debate has been very slow, mainly because of the procedural warfare that has persisted since 2019 and become a hallmark of minority parliaments. While rumours persist of yet another floor-crossing or two that could push Prime Minister Mark Carney’s Liberals into a majority, until that happens, Canadians can expect the slow pace of work to continue.

If Carney can achieve a majority, a prorogation will likely be called to reset proceedings in Parliament. In the House of Commons, this would allow for the committees to be fully rebalanced, with the government in a majority position on most. This will likely blunt opposition parties' ability to filibuster committee business as frequently as they have to date.  

It would also allow Liberal House leader Steven MacKinnon to invoke procedural tools like time allocation or programming motions to speed more bills through the debate process, as he’d have sufficient votes to pass those motions.

In addition to what’s already on the order paper, the government is expected to reintroduce bills from the previous Parliament regarding online harms, AI regulation, privacy modernization, and clean water for First Nations. 

Melanie Webb, a criminal defence lawyer in Toronto and the chair of the CBA’s criminal justice section, says that the section is very focused on Bills C-14 and C-16. The CBA is working on submissions on both and has overlapping concerns. 

“With Bill C-14, the areas we are focusing on pertain to conditional sentence orders and the importance of maintaining judicial discretion in sentencing,” she says, noting that concern extends to Bill C-16’s “safety valves” for mandatory minimum sentences.

Webb says they’re also focused on amendments to the Youth Criminal Justice Act, particularly the access to youth records provisions and the ladder principle regarding reverse onus requirements in bail hearings.

While there are measures in C-16 the CBA supports, there are concerns about the provisions for alternatives to stay orders for trial delays. The submissions will also have suggestions around the femicide and coercive control provisions.

The government is focusing on a tougher-on-crime approach, but Webb says it must account for the practical realities of how courts and jails are operating.

“One has to think about the consequences around whether there are going to be more people incarcerated, and where they are going to be housed,” she says.

David Fraser, a partner at McInnes Cooper in Halifax, is particularly interested in the many bills related to privacy that are on the order paper, as well as those which will be added to it soon, particularly the new version of the private sector privacy regime currently known as the Personal Information Protection and Electronic Documents Act (PIPEDA). 

“The scuttlebutt that I heard was that this was supposed to be introduced before Christmas, but they wanted to do some more fine-tuning,” he says.

“Variations of that bill have been introduced a number of times, it’s been before committee a number of times, and I think there’s a consensus to just get on with it.”

Fraser has also heard that the controversial lawful access provisions within Bill C-2 will be split out into a separate bill. Word is that Public Safety Canada has been conducting consultations to improve the current wording and garner more support to pass it, likely in the spring. Previous iterations of lawful access legislation have faced pushback from Parliament, whether introduced by the Conservatives or the Liberals.

“They’ve been trying to make the case for it, but to my mind, they’re failing to do that,” he says. 

“Police, on a daily basis, get production orders under the Criminal Code on a reasonable-grounds-to-believe standard, for information related to people who have IP addresses or mobile phone numbers. But they’ve drafted it [in this bill] in a way that they’ve shot themselves in the foot.”

Fraser is also concerned by any attempt in the legislation to mandate “backdoors” into telecommunications infrastructure, which, when implemented in the United States, was exploited by Chinese hackers.

Any friction in the system for obtaining personal information is a feature, not a bug, he says. 

“I like to call that friction the Charter of Rights and Freedoms.”

Here is the status of government bills in the House of Commons and Senate:

Bill S-2 seeks to redress exclusions under the Indian Act, particularly for women whose status was excluded under the legislation, in accordance with court decisions. Senators amended the bill to remove the second-generation cut-off, prompting the government to decide it needed further consultation before proceeding. It’s awaiting second reading debate in the Commons.

Bill S-3 is a technical bill to amend the Weights and Measures Act and the Electricity and Gas Inspection Act to clarify powers and definitions. It has been referred to the Senate Standing Committee on Banking, Commerce and Economy.

Bill S-4 is another technical bill aimed at amending the Energy Efficiency Act to strengthen and modernize its regulatory framework. It has begun second reading debate in the Senate.

Bill C-2 is a massive omnibus bill that sought to strengthen border controls and address concerns raised by the American administration. Many of its provisions were split out into a separate bill, C-12, to fast-track them, while the remainder of Bill C-2 intends to proceed. It remains at second reading in the House.

Bill C-4 provides the legislative authority for the income tax reduction promised during the election, the GST exemption on new home purchases, and repeals the legislative authority for the consumer carbon levy. It also amends the Canada Elections Act regarding political parties' privacy policies. It passed the House of Commons just before Christmas and awaits debate in the Senate.

Bill C-8 is the government’s cybersecurity modernization legislation that had nearly passed in the previous Parliament but was held up due to a numbering error. The current version is under review by the Commons’ Public Safety and National Security committee.

Bill C-9 is the government’s response to increases in acts of hate and antisemitism around the country. It proposes several changes to the Criminal Code, including outlawing certain symbols, which have proved highly controversial. The bill is still undergoing study at the Commons’ Justice and Human Rights committee.

Bill C-10 creates a Commissioner for Modern Treaty Implementation, as well as an office for the commissioner, to oversee the government’s activities in implementing modern treaties. The bill is at second reading debate in the House of Commons.

Bill C-11 makes changes to the National Defence Act, including legislating that sexual assault cases be handled by the civilian justice system, as recommended by the Arbour Report. The bill is undergoing study at the Commons’ National Defence Committee.

Bill C-12 is omnibus legislation that contains the portions of Bill C-2 related to changes to the Customs Act. It also includes provisions to add precursor chemicals to the Controlled Drugs and Substances Act, transfer responsibility for the Coast Guard to the Minister of National Defence, change the immigration and refugee determination system, as well as amend money laundering provisions and the sex offender registry. The bill passed the House of Commons just before Christmas and has yet to be debated in the Senate.

Bill C-13 ensures Canada’s consent to the United Kingdom's admission to the Trans-Pacific Partnership. The bill has been referred to the Commons’ International Trade committee.

Bill C-14 is the government’s bail and sentencing reform bill. It’s been referred to the House Justice and Human Rights committee, but has not been studied.

Bill C-15 is the government’s omnibus budget implementation bill. It completed second reading debate, but has yet to be studied by the Commons’ Finance committee.

Bill C-16 is another criminal justice bill, which includes provisions around femicide and coercive control, restores mandatory minimum sentences for several offences, and criminalizes the creation and distribution of sexualized “deepfake” images. The bill has not yet begun second reading debate.

Bill C-18 will implement a trade agreement with Indonesia. It has not begun second reading debate.

In addition to these government bills, here are a few Senate public bills and private members’ bills that are advancing:

Bill S-205 seeks to legislate judicial oversight of solitary confinement in federal correctional facilities. The bill is under review by the Senate’s Legal and Constitutional Affairs Committee.

Bill S-212 calls on the government to develop a national strategy for children and youth, with the United Nations Convention on the Rights of the Child and the principles of truth and reconciliation in mind. The bill is being studied at the Senate’s Social Affairs, Science and Technology committee. 

Bill S-231 seeks to allow advance directives for medical assistance in dying. It is undergoing second reading debate in the Senate.

Bill C-223 seeks to amend the Divorce Act regarding parental alienation. The bill is currently awaiting the second hour of debate in the House of Commons.

Bill C-225 creates specific offences in the Criminal Code related to intimate partner violence. The bill is being considered at the Commons’ Justice and Human Rights committee.