Bill C-242 Jail Not Bail Act
C-242 An Act to Amend the Criminal Code and the Department of Justice Act
Short Title: Jail Not Bail Act
Bill Type: Private Member’s Bill
Bill Sponsor: Arpan Khanna (Oxford)
This Bill was defeated at second reading in the House of Commons on Wednesday, March 25, 2026
Status: Defeated — March 25, 2026.
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"Jail not bail" was one of the loudest promises of the Conservative campaign. This is the Bill behind that slogan — introduced not by the government, but by a Conservative backbencher. Private Member's Bills rarely pass. They are often used to put a policy position on record, generate media attention and give a party something to point to. This one was defeated at second reading — before it ever reached committee for serious debate. Read what it actually proposed and decide: was this a serious attempt at reform, or a political signal dressed as legislation?
WHO GAINS POWER
- Police gain authority to hold anyone charged with a "major offence" without the option of release at the officer level — no bail, no discretion
- Superior court judges become the only authority who can release someone charged with a major offence while already on release for another major offence
- The Minister of Justice gains a new annual reporting mandate on the state of bail in Canada
- Government gains authority to expand the definition of "first responder" by regulation — without a parliamentary vote
WHO LOSES POWER
- Justices of the Peace lose discretion on bail decisions for major offences — the Bill removes their ability to release in certain circumstances
- Accused persons lose the presumption of release as the guiding principle — replaced by public protection as the primary consideration
- Non-citizens and non-permanent residents lose the right to hold their passport while on bail — mandatory surrender, no exceptions
- Anyone with an indictable conviction in the last 10 years is barred from acting as surety for someone else's release
WHO GAINS MONEY
- No direct financial beneficiaries named in the Bill
- Detention facilities would see increased demand — indirect funding implications not addressed in the Bill
WHO LOSES MONEY
- Accused persons detained pre-trial lose income, housing stability and employment — costs not addressed in the Bill
- Taxpayers bear the cost of increased pre-trial detention — no fiscal analysis provided
THE CATCH
- This Bill shifts the entire bail system from "release unless there's a reason not to" to "detain unless you can prove you shouldn't be" — that is a fundamental reversal of a core legal principle in Canada
- ⚠️ "Major offence" is defined by a list the Bill controls — but the Governor in Council can expand the definition of "first responder" by regulation, quietly expanding who triggers these provisions
- ⚠️ Non-citizens face automatic passport surrender — regardless of the nature of the offence, immigration status triggers mandatory conditions that Canadian citizens do not face for the same charge
- ⚠️ "Reasonably foreseeable" replaces "substantial likelihood" — this lowers the legal bar for keeping someone in custody significantly. A judge no longer needs strong evidence — just reasonable foreseeability.
- ⚠️ No fiscal impact assessment — the Bill does not address the cost of increased pre-trial detention on the corrections system, courts or taxpayers
- ⚠️ Criminal history of surety — a family member with a 9-year-old indictable conviction cannot post bail for a loved one. No exceptions, no judicial discretion.
- The annual report requirement is the only transparency mechanism — and it has no enforcement teeth if the Minister fails to table it
- ⚠️"Jail Not Bail" was a campaign slogan — this is a Private Member's Bill— not government Legislation. Pierre Poilievre campaigned loudly on "jail not bail" as a policy platform. This Bill was introduced by a Conservative backbencher, not as official government Legislation. Private Member's Bills have a very low success rate — they are often used to signal policy intent, generate headlines and demonstrate "we stood for this" without the government committing to pass it into law. This Bill was defeated before it even reached committee. The slogan outlived the Bill.