Proposed law would make it harder for those accused of certain crimes to get released on bail

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 ten 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.

“The goal of Bill C-48 is improving public safety,” Justice Minister David Lametti told a news conference Tuesday.

“At the same time, we want to make sure that these law reforms do not make things worse for Indigenous people, Black people and other vulnerable groups who we know are overrepresented in the criminal justice system … I know this is a priority that my provincial and territorial counterparts share.”

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.

Lametti said the proposed changes are the result of consultations earlier this year with the premiers, law enforcement and other stakeholders.

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.

Public Safety Minister Marco Mendicino said the bail system needs changes.

“We must strengthen our bail system to keep communities safer,” he told the news conference.

“For workers riding a bus or a subway, for parents who send their kids to school, for families who are going for a walk in their own neighbourhood, this legislation is about them and indeed all Canadians so that we can keep them safe.”

The government passed a previous 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.”

Lametti said he hopes the new requirement that courts consider community safety and an accused’s past violence will crack down on crime.

“What we’re doing is signalling to courts, we’re signalling to Crown prosecutors that a person should not be out on bail if they have a history of violence,” Lametti said.

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.

Lametti said he hopes all parties and legislators support the legislation.

“It’s important to see this bill make its way through Parliament quickly. I firmly hope this bill will receive unanimous consent,” he said.

“Canadians expect us to act, and I trust my friends in the House and the Senate view things in exactly the same way.”

The Charter of Rights and Freedoms guarantees that anyone who is charged with a crime will not be denied reasonable bail without just cause.

Lametti said he’s confident the proposed changes comply with the charter.

Poilievre blasts bail bill

Conservative Leader Pierre Poilievre said the proposed bail reforms don’t go far enough.

Poilievre pointed out that McKenzie was released on bail. McKenzie is Indigenous, and the judge took into account his background when granting bail.

“Today, Liberals announced measures on bail that would have continued to release the same killer who killed Constable Pierzchala,” Poilievre told a news conference.

“This bill does not raise the bar. It simply puts in a bunch of lower bars underneath the bar that is already there. In other words, [McKenzie] would have been released by this regime.”

Poilievre said he wants to see a bail system which would guarantee repeat violent offenders are kept behind bars.

“A common sense Conservative government will reverse Trudeau’s catch-and-release,” he said.

“We will bring in laws that require repeat violent offenders who are newly arrested for violence to stay behind bars, with jail, not bail, until their trial is done and their sentence is complete.”

Conservative public safety critic Raquel Dancho did not answer a question about whether a Conservative government would reverse the provision that courts have to take into consideration Indigenous background when deciding on bail.

But Poilievre said the release of violent criminals has a disproportionate impact on Indigenous communities.

“I don’t know why Justin Trudeau’s not interested in Indigenous victims of crime,” Poilievre said.

A Department of Justice official said in a briefing Tuesday that the section of the new bill requiring that courts take into consideration past violent criminal history and community safety was brought in partly because of demands from remote and northern communities during consultations.

The Canadian Police Association (CPA) welcomed the proposed changes.

“Front-line law enforcement personnel have been asking the government to take concrete steps to address the small number of repeat violent offenders who commit a disproportionate number of offences that put the safety of our communities at risk,” Tom Stamatakis, CPA president, said in a statement.

“We appreciate that Minister Lametti and Minister Mendicino have worked collaboratively with stakeholders and introduced this common-sense legislation that responds to the concerns that our members have raised.”

Ontario Attorney General Doug Downey also praised the bill.

“Through today’s Bill (C-48), the federal government is tabling overdue bail reform and delivering on key asks made by our provincial government,” Downey said in a tweet.

“I want to personally thank Minister Lametti for his partnership and movement on listening to the calls from the people of this province, and taking direct action to ensure violent and repeat offenders stay behind bars.”