FOG BLOG CANADA LOG: NEW BAIL REFORM BILL TARGETS REPEAT OFFENDERS, ONUS ON ACCUSED FOR BAIL REQUEST

Justice minister unveils bail bill targeting repeat violent offenders with reverse onus reforms OTTAWA -

Justice Minister David Lametti tabled new legislation on Tuesday aimed at making it harder for repeat violent offenders to be granted bail, through a handful of targeted Criminal Code reforms.

This small package of legislative reform—spanning just seven pages—comes after months of renewed scrutiny on Canada's bail system and calls for the federal government to implement tougher laws, in the face of a series of high-profile cases of violent crimes allegedly committed by individuals who were out on bail.

While Lametti is touting the proposal as a "targeted" approach that addresses the challenges facing bail system posed by repeat violent offenders and responds to the pressure from politicians across jurisdictions and police leadership, Conservative Leader Pierre Poilievre was quick to say the legislation doesn't go far enough. Bill C-48 seeks to strengthen Canada's bail system’s response to repeat violent offending, including in cases involving firearms, knives, bear spray and other weapons. The government says it is also trying to enhance public confidence in the criminal justice system, and affirm the principles of bail.

Through the bill, five specific Criminal Code changes are proposed:

Creating a new reverse onus for serious repeat violent offences involving weapons where the accused was previously convicted of an offence of the same criteria within the past five years, with both being punishable by 10 years imprisonment or more.
Adding certain firearms offences to the provisions that trigger a reverse onus to include other indictable offences such as unlawful possession of a loaded prohibited or restricted firearm, and break and enter or robbery to steal a firearm;
Expanding the current intimate partner violence (IPV) reverse onus to address the enhanced risk to also apply to accused persons previously discharged of an offence involving IPV;
Clarifying the meaning of "prohibition order" in an existing reverse onus to state that an order includes a court’s release order for bail that imposed conditions around firearms possession; and
Requiring courts to consider an accused person's history of convictions for violence and other community safety concerns when making bail decisions.

The federal Liberals have also included a preamble in the bill meant to outline "core bail principles and to help ensure consistent implementation." The Liberals say this legislative mechanism is used to reinforce the objectives of the proposed law changes, noting bill preambles are used by courts to inform the interpretation of the provisions.

And, the government is proposing a parliamentary review to assess the impacts of this package of bail reforms, five years after Bill C-48 becomes law.

"What we're doing for certain violent offences is changing the default position and making sure that it is only in cases where there isn't a threat to public security, that they will get bail," Lametti said, speaking to reporters about the bill. "We need to strike a balance. We think we've done that here, working in the range between the Charter right to bail, public security, and public safety."

Under Canada's Charter of Rights and Freedoms, a person charged with an offence has the right not to be denied reasonable bail without just cause. This allows certain offenders to be released from custody while awaiting trial, under the principle of being presumed innocent until being found guilty, and with the condition that they appear in court when required. Other conditions such as no-contact orders, GPS ankle monitors and curfews can also be imposed.