C-246FederalCriminal Justice

C-246 (45-1) - An Act to amend the Criminal Code (consecutive sentences for sexual offences)

Chamber

commons

Stage

2nd Reading

Introduced

Sep 23, 2025

Progress

This bill requires that prison sentences for multiple sexual offences must be served one after another, not at the same time.

Key Changes

  • Makes consecutive sentencing mandatory for sexual offences, removing judicial discretion to impose concurrent sentences in these cases
  • Applies to multiple sexual offence sentences imposed at the same time in one hearing
  • Applies when a new sexual offence sentence is added to an existing sexual offence sentence already being served
  • Amends subsection 718.3(7) of the Criminal Code specifically
  • Does not affect sentencing discretion for non-sexual offences

Gotchas

  • Mandatory consecutive sentencing removes judicial discretion, which could conflict with the principle of proportionality that the preamble itself acknowledges
  • Longer total sentences resulting from mandatory consecutive terms could significantly increase the time offenders spend in federal custody, with potential cost implications for the correctional system not addressed in the bill
  • The bill does not define 'sexual offence,' so the scope depends on how that term is interpreted under the existing Criminal Code
  • Some legal experts and courts have previously cautioned that mandatory consecutive sentencing can produce sentences so long they become effectively meaningless or raise Charter concerns about cruel and unusual punishment
  • This is a private member's bill, meaning it faces a more uncertain legislative path than government-sponsored legislation

Who's Affected

  • People convicted of multiple sexual offences
  • Victims of sexual offences, whose individual harms would be more explicitly recognized in sentencing
  • Judges, who would lose discretion to impose concurrent sentences for sexual offences
  • Crown prosecutors and defence lawyers involved in sexual offence cases
  • Correctional institutions, which may house offenders for longer periods

Summary

Bill C-246 amends the Criminal Code to make consecutive sentencing mandatory when someone is convicted of multiple sexual offences. Currently, judges have discretion to order sentences to be served at the same time (concurrently) or back-to-back (consecutively). This bill removes that discretion for sexual offences, requiring that each sentence be added on top of any other sexual offence sentence. This means that if a person is convicted of, say, three separate sexual offences, they would have to serve the full sentence for each offence in sequence, rather than serving them all at the same time. The bill applies both to multiple convictions sentenced at the same hearing and to new convictions where the person is already serving a sentence for a prior sexual offence. The bill was introduced by a private member and is motivated by concerns about public safety, protecting vulnerable people, and ensuring that sentences reflect the harm done to each individual victim. The preamble states that sexual offences often involve repeated patterns of conduct and that each victim's harm deserves to be recognized separately in sentencing.

Automatically generated from bill text using Claude

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Recorded Votes

DateDescriptionYeasNaysResult
Mar 25, 20262nd reading of Bill C-246, An Act to amend the Criminal Code (consecutive sentences for sexual offences)157169Negatived