C-236 (45-1) - Addressing the Continuing Victimization of Homicide Victims' Families Act
Chamber
commons
Stage
2nd Reading
Introduced
Sep 22, 2025
Progress
This bill makes it harder for convicted killers to get parole if they refuse to reveal where their victim's body is.
Key Changes
- Adds refusing to disclose a victim's body location as an aggravating factor at sentencing for death-related offences
- Allows courts to order that an offender must serve at least half their sentence (or 10 years, whichever is less) before being eligible for full parole if they withhold body location information
- Allows the Parole Board of Canada to deny parole to offenders who refuse to disclose where a victim's remains are
- Allows the Parole Board to deny unescorted temporary absences to offenders who withhold this information
- Allows provincial authorities to deny temporary absences to prisoners under the Prisons and Reformatories Act for the same reason
- Requires courts to provide written reasons if they choose not to apply the aggravating circumstance despite being satisfied it exists
Gotchas
- The bill includes a provision allowing a court to revoke the delayed parole order if the offender later provides the information, creating an incentive to disclose at any point during the sentence
- The bill's preamble explicitly states Parliament believes it is consistent with the Canadian Charter of Rights and Freedoms, though critics could argue it may raise issues around the right against self-incrimination or the right not to be subjected to cruel and unusual treatment
- The aggravating circumstance applies broadly to any 'offence in relation to the death of a person,' which could include cases beyond murder, such as manslaughter or criminal negligence causing death
- The standard used — that the court is 'satisfied' the offender has the information — does not specify the level of proof required, which could lead to legal challenges about how this is determined
- Judges retain some discretion: they can decline to apply the delayed parole order if they believe existing sentencing principles already adequately address denunciation and deterrence, but must give reasons if they do not apply the aggravating circumstance
Who's Affected
- Families of homicide victims seeking to locate remains
- Offenders convicted of crimes involving the death of another person
- The Parole Board of Canada
- Provincial parole and corrections authorities
- Sentencing judges
Vibes
0 responses
Gotchas
- The bill includes a provision allowing a court to revoke the delayed parole order if the offender later provides the information, creating an incentive to disclose at any point during the sentence
- The bill's preamble explicitly states Parliament believes it is consistent with the Canadian Charter of Rights and Freedoms, though critics could argue it may raise issues around the right against self-incrimination or the right not to be subjected to cruel and unusual treatment
- The aggravating circumstance applies broadly to any 'offence in relation to the death of a person,' which could include cases beyond murder, such as manslaughter or criminal negligence causing death
- The standard used — that the court is 'satisfied' the offender has the information — does not specify the level of proof required, which could lead to legal challenges about how this is determined
- Judges retain some discretion: they can decline to apply the delayed parole order if they believe existing sentencing principles already adequately address denunciation and deterrence, but must give reasons if they do not apply the aggravating circumstance
Summary
Bill C-236 changes Canadian law to create consequences for offenders convicted of crimes involving someone's death who refuse to tell authorities where the victim's body or remains are located. The bill treats this refusal as an 'aggravating circumstance' at sentencing, meaning a judge must consider it when deciding how long someone goes to prison. It also allows courts to delay when a convicted person can apply for parole, and allows the Parole Board to deny parole or temporary absences to offenders who continue to withhold this information. The bill affects the Criminal Code, the Corrections and Conditional Release Act, and the Prisons and Reformatories Act. Its goal is to give authorities a legal tool to pressure offenders into disclosing the location of victims' remains, which can be critical for families seeking closure and for completing investigations. The bill was introduced as a private member's bill by Mr. Lloyd in September 2025. It is motivated by the recognition that families of homicide victims suffer ongoing harm when they cannot find and bury their loved ones, and that offenders who withhold this information are seen as extending that harm.
Automatically generated from bill text using Claude
Vibes
0 responses