C-236 · Addressing the Continuing Victimization of Homicide Victims' Families Act
An Act to amend the Criminal Code, the Corrections and Conditional Release Act and the Prisons and Reformatories Act
- Adds refusal to disclose the location of bodies as a factor in sentencing and parole decisions.
- Mandates courts to consider this refusal as an aggravating circumstance for serious offenses.
- Aims to reduce victimization of families whose loved ones' remains are not found.
This bill adds new rules regarding sentencing and parole for offenders who have information about the location of homicide victims' bodies but refuse to share it. It allows courts to consider such refusals as aggravating factors during sentencing and grants parole boards the power to deny parole based on such refusals.
This legislation aims to support the families of homicide victims by reinforcing accountability for offenders and ensuring that the dignity of the deceased is respected. It addresses a critical emotional and legal issue for families seeking closure.
The bill addresses the lack of penalties for offenders who withhold information about homicide victims' remains, which can prolong suffering for families.
Victims' families benefit by potentially seeing stronger sentences and less likelihood of early parole for those who refuse to disclose vital information.
The tradeoff involves increased penalties and a more severe parole process for offenders, which may raise concerns about the effects on their rights to a fair punishment and rehabilitation opportunities.
Read the actual text (8)
1This Act may be cited as the Addressing the Continuing Victimization of Homicide Victims’ Families Act .
2The Criminal Code is amended by adding the following after section 718.04: 718.05 (1) When a court imposes a sentence for an offence in relation to the death of a person, if it is satisfied that the offender has information respecting the location of the body or remains of the person but refuses to provide persons in authority with that information, the court shall, in order to denounce and deter such behaviour, consider the refusal as an aggravating circumstance. Reasons (2) If the court is satisfied of the existence of the aggravating circumstance referred to in subsection (1) but decides not to give effect to it for sentencing purposes, the court shall give reasons for its decision.
3Section 743.6 of the Act is amended by adding the following after subsection (1.2): (1.3) Despite section 120 of the Corrections and Conditional Release Act , if an offender receives a sentence of imprisonment of two years or more, including a sentence of imprisonment for life, on conviction for an offence in relation to the death of a person and the court is satisfied that the offender has information respecting the location of the body or remains of the person but refuses to provide it to persons in authority, the court shall order that the portion of the sentence that must be served before the offender may be released on full parole is one half of the sentence or ten years, whichever is less, unless the court is satisfied, having regard to the circumstances of the commission of the offence and the character and circumstances of the offender, that the expression of society’s denunciation of the offence and the objectives of specific and general deterrence would be adequately served by a period of parole ineligibility determined in accordance with the Corrections and Conditional Release Act . Revocation of parole order (1.4) The court shall revoke the order made under subsection (1.3) if it is satisfied that the circumstances for which it was made have ceased to exist.
4Paragraph 4(a) of the Corrections and Conditional Release Act is replaced by the following: (a) the sentence is carried out having regard to all relevant available information, including the stated reasons and recommendations of the sentencing judge, the nature and gravity of the offence, the degree of responsibility of the offender, information from the trial or sentencing process, any order made under subsection 743.6(1.3) of the Criminal Code , the release policies of and comments from the Parole Board of Canada and information obtained from victims, offenders and other components of the criminal justice system;
5Paragraph 101(a) of the Act is replaced by the following: (a) parole boards take into consideration all relevant available information, including the stated reasons and recommendations of the sentencing judge, the nature and gravity of the offence, the degree of responsibility of the offender, information from the trial or sentencing process, any order made under subsection 743.6(1.3) of the Criminal Code , and information obtained from victims, offenders and other components of the criminal justice system, including assessments provided by correctional authorities;
6Section 102 of the Act is renumbered as subsection 102(1) and is amended by adding the following: (2) The Board or a provincial parole board may refuse to grant parole to an offender who has been sentenced for an offence in relation to the death of a person if it is satisfied that the offender has information respecting the location of the body or remains of the person but refuses to provide it to persons in authority.
7Section 116 of the Act is amended by adding the following after subsection (1): (1.1) The Board may refuse to authorize the unescorted temporary absence of an offender who has been sentenced for an offence in relation to the death of a person if it is satisfied that the offender has information respecting the location of the body or remains of the person but refuses to provide it to persons in authority.
8Section 7.3 of the Prisons and Reformatories Act is amended by adding the following after subsection (2): (3) The designated authority may refuse to authorize the temporary absence of a prisoner who has been sentenced for an offence in relation to the death of a person if it is satisfied that the prisoner has information respecting the location of the body or remains of the person but refuses to provide it to persons in authority.
Official drafter summary (parl.ca)
This enactment amends the Criminal Code to add as an aggravating factor for sentencing purposes and as a reason to delay parole the fact that a person who is convicted of certain offences refuses to provide persons in authority with information respecting the location of bodies or remains. It also amends the Corrections and Conditional Release Act and the Prisons and Reformatories Act to add that fact as a consideration in the making of certain decisions under those Acts. Available on the House of Commons website at the following address: www.ourcommons.ca 1st Session, 45th Parliament, 3 - 4 Charles III, 2025 HOUSE OF COMMONS OF CANADA BILL C-236 An Act to amend the Criminal Code, the Corrections and Conditional Release Act and the Prisons and Reformatories Act Preamble Whereas surviving family members of persons who die as a result of a crime are avoidably further victimized when the bodies or remains of their loved ones are not found; Whereas the refusal of offenders to provide persons in authority with information respecting the location of bodies or remains is the primary reason authorities are unable to locate those bodies or remains and results in the aggravated and continuing victimization of family members; Whereas the aggravated and continuing victimization of family members caused by offenders who refuse to provide persons in authority with information respecting the location of bodies or remains is a problem in Canada; Whereas, in the case of an offender who refuses to provide persons in authority with information respecting the location of bodies or remains, creating negative consequences in relation to sentencing and the manner in which the sentence is carried out could address the problem by deterring such behaviour; Whereas the existence of such negative consequences would be consistent with the sentencing principles of denunciation and deterrence; And whereas Parliament is of the opinion that this approach achieves the desired public interest objective while being consistent with the Canadian Charter of Rights and Freedoms ; Now, therefore, His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title Short title 1 This Act may be cited as the Addressing the Continuing Victimization of Homicide Victims’ Families Act . R.S., c. C-46 Criminal Code 2 The Criminal Code is amended by adding the following after section 718.04 : Aggravating circumstance — body or remains Start of inserted block 718.05 ( 1 ) When a court imposes a sentence for an offence in relation to the death of a person, if it is satisfied that the offender has information respecting the location of the body or remains of the person but refuses to provide persons in authority with that information, the court shall, in order to denounce and deter such behaviour, consider the refusal as an aggravating circumstance. End of inserted block Reasons Start of inserted block ( 2 ) If the court is satisfied of the existence of the aggravating circumstance referred to in subsection ( 1 ) but decides not to give effect to it for sentencing purposes, the court shall give reasons for its decision. End of inserted block 3 Section 743.6 of the Act is amended by adding the following after subsection ( 1.2 ): Power of court to delay parole Start of inserted block ( 1.3 ) Despite section 120 of the Corrections and Conditional Release Act , if an offender receives a sentence of imprisonment of two years or more, including a sentence of imprisonment for life, on conviction for an offence in relation to the death of a person and the court is satisfied that the offender has information respecting the location of the body or remains of the person but refuses to provide it to persons in authority, the court shall order that the portion of the sentence that must be served before the offender may be released on full parole is one half of the sentence or ten years, whichever is less, unless the court is satisfied, having regard to the circumstances of the commission of the offence and the character and circumstances of the offender, that the expression of society’s denunciation of the offence and the objectives of specific and general deterrence would be adequately served by a period of parole ineligibility determined in accordance with the Corrections and Conditional Release Act . End of inserted block Revocation of parole order Start of inserted block ( 1.4 ) The court shall revoke the order made under subsection ( 1.3 ) if it is satisfied that the circumstances for which it was made have ceased to exist. End of inserted block 1992, c. 20 Corrections and Conditional Release Act 4 Paragraph 4 (a) of the Corrections and Conditional Release Act is replaced by the following: (a) the sentence is carried out having regard to all relevant available information, including the stated reasons and recommendations of the sentencing judge, the nature and gravity of the offence, the degree of...
- Whether judges currently consider non-disclosure of remains in sentencing
- The potential impact on parole ineligibility periods
- Concerns about the bill being unnecessary and duplicative of existing laws
- Debate on whether the bill enhances or complicates public safety outcomes
The bill saw strong support from Conservatives, with mixed opinions from Liberals and Bloc, indicating some party alignment.
- First reading (House of Commons)Sep 22, 2025
- Second reading (House of Commons)Mar 26, 2026