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Bill to Help Community Groups Recover Crime‑Related Costs

An Act to amend the Criminal Code (restitution orders)

Summary

Bill C-238 amends the Criminal Code to allow courts to order people convicted of human trafficking or certain drug offences to pay restitution to community organizations that provide front-line services. Eligible organizations (not individuals) can recover reasonable, readily ascertainable costs caused by the offence, such as emergency shelter and medical supplies, harm reduction services, security, staff counselling, and surge operational costs. These restitution orders are in addition to any other victim restitution and are capped at the actual expenses incurred. The goal is to acknowledge community harm and shift appropriate costs from taxpayers to offenders.

  • Applies to offences under Criminal Code ss. 279.01–279.02 and CDSA ss. 5, 6, 7.1.
  • Recipients are persons other than individuals who provide front-line services (e.g., emergency and victim support services).
  • Eligible expenses include emergency shelter/medical services (incl. overdose-reversal supplies), harm reduction programs, security measures, counselling for affected staff, and increased operating costs (hiring/training).
  • Amounts must be reasonable and readily ascertainable, and may be ordered independently of other restitution.
  • Seeks to provide reparations to community organizations harmed by trafficking and drug crimes.

Builder Assessment

Neutral

This bill modestly advances accountability by making offenders, not taxpayers, bear some of the costs their crimes impose on front-line services, supporting safer communities and more efficient public spending. Its macroeconomic effects are limited, but it improves public service efficiency with a focused, low-burden tool if implemented simply.

  • Aligns with government efficiency by enabling cost recovery for emergency and victim services.
  • Neutral on growth, productivity, exports, investment, and tax reform; the measure is targeted and incremental.
  • Key risks: low restitution collection rates, disputes over causation and reasonableness of costs, administrative burden on small NGOs, and potential competition with direct victim compensation.
  • Builders should seek: a simple standardized claim template and electronic submission; clear guidance that documentary proof (receipts/affidavits) suffices for readily ascertainable amounts; confirmation that courts prioritize direct victims when ability to pay is limited; use of existing civil enforcement tools to collect orders across provinces; transparent reporting of aggregate collections and outcomes to drive continuous improvement.

Question Period Cards

How will the government ensure restitution to community organizations does not crowd out compensation owed to individual victims when an offender has limited ability to pay, and will courts be directed to prioritize payments accordingly?

What evidentiary standard will be used to show a community organization’s costs were as a result of the offence, and will there be a simple standardized documentation process to avoid bogging down court proceedings?

Given historically low collection rates for restitution orders, what concrete enforcement tools and interprovincial mechanisms will ensure these amounts are actually recovered, and what fiscal impact has been estimated if collections fall short?

Principles Analysis

Canada should aim to be the world's most prosperous country.

Primarily a justice-cost recovery measure; any macroeconomic impact on national prosperity is indirect and likely small.

Promote economic freedom, ambition, and breaking from bureaucratic inertia (reduce red tape).

Does not materially change economic freedom; adds a targeted restitution tool with limited process changes.

Drive national productivity and global competitiveness.

No direct effect on productivity or global competitiveness.

Grow exports of Canadian products and resources.

Unrelated to trade or export growth.

Encourage investment, innovation, and resource development.

No direct implications for investment or innovation policy.

Deliver better public services at lower cost (government efficiency).

Shifts some front-line service costs from taxpayers to offenders, potentially easing municipal and NGO budgets if collections are effective.

Reform taxes to incentivize work, risk-taking, and innovation.

No tax measures are affected.

Focus on large-scale prosperity, not incrementalism.

A narrow sentencing change; benefits are targeted and incremental, not economy-wide.

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PartyLiberal
StatusOutside the Order of Precedence
Last updatedSep 22, 2025
TopicsCriminal Justice
Parliament45