The federal government is proposing changes to the country’s bail system that would make it harder for those accused of certain offences to be released on bail.
Bill C-48 would amend the Criminal Code so that those charged with a serious violent offence involving a weapon — one with a maximum penalty of tens years’ imprisonment — who were convicted of a similar offence within the last five years will face a reverse onus to get bail.
“Reverse onus” means the accused would have to show why they should be released instead of the prosecution having to prove that they should remain behind bars.
The proposed law would also expand the use of reverse onus for firearm and intimate partner violence offences, and allow courts to take into consideration community safety and an accused’s history of violence when making a bail decision.
“We told Canadians that our government would step up and do its part to address how the justice system deals with repeat violent offending. Bill C-48 does that,” Justice Minister David Lamettii said in a news release.
“We know this law reform is only part of the solution. We are working closely with our colleagues across all levels of government to ensure that people are safe and feel safe wherever they live in Canada.”
Lametti introduced the legislation in the House of Commons Tuesday morning.
The bill is the federal government’s response to chiefs of police, premiers and Conservative MPs pushing for stricter bail laws.
“The amendments to the Criminal Code we are introducing today respond directly to the concerns raised by provincial and territorial governments regarding Canada’s bail system, and the need to pay particular attention to repeat violent offenders,” Intergovernmental Affairs Minister Dominic LeBlanc said in the news release.
A Department of Justice official said in a briefing Tuesday that the proposed changes are the result of consultations earlier this year with the premiers and law enforcement.
Canada’s bail system came under heavy scrutiny after Const. Grzegorz (Greg) Pierzchala of the Ontario Provincial Police was killed late last year. Randall McKenzie, one of the two suspects in the murder, was out on bail for assault and weapons charges, and also had a warrant out for his arrest. A rising tide of violent crime has also put a spotlight on Canada’s criminal justice system.
The government passed a bail reform bill, Bill C-75, in 2019. The bill said that judges should give particular consideration when deciding on bail “to the circumstances of aboriginal accused” and “accused who belong to a vulnerable population that is overrepresented in the criminal justice system.”
In 2020-21, Indigenous offenders made up 27 per cent of the total offender population, according to the annual Corrections and Conditional Release Report from Public Safety Canada. The 2021 Census reported that Indigenous people account for five per cent of Canada’s population.
The bill would put in place a reverse onus for the offences of unlawful possession of a loaded (or easily loaded) prohibited or restricted firearm, breaking and entering to steal a firearm, robbery to steal a firearm and making an automatic firearm.
The previous bill, C-75, put in place a reverse onus for those previously convicted of an offence involving intimate partner violence. C-48 would expand the reverse onus to include those who have been discharged on charges of intimate partner violence.
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