The federal Liberals tabled their highly-anticipated bail and sentencing reform legislation Thursday, which makes dozens of changes to the Criminal Code the government says will make it harder for violent and repeat offenders to get out of custody.
Justice Minister Sean Fraser said the “sweeping reforms” came after “extensive consultations” with police, governments and community organizations.
“Today is about stronger laws and safer communities,” he told reporters at a press conference detailing the Bail and Sentencing Reform Act after it was presented in the House of Commons.
Among the proposed changes are new reverse onuses for several new offences that require the accused to prove why they should be released on bail, expanding the onus to cover offenders with previous convictions within the previous 10 years, and consecutive sentences for repeat violent offenders in certain cases.
“If you’re sentenced to two years for one crime and four for another, we believe that you should serve six,” Fraser said.
The legislation would also require courts impose weapons restrictions and other stricter conditions for certain offences — including auto theft and organized crime — and “consider whether the allegations involve random or unprovoked violence when making any bail decision.”
Repeat violent offenders will also face aggravating factors that can increase their sentence under the legislation.
Aggravating factors will also be added to sentencing for organized retail theft offences and those “interfering with essential infrastructures” such as copper theft, as well as offences against victims who are first responders.
The bill clarifies a section of the Criminal Code outlining the “ladder principle,” which requires courts to consider the “least restrictive” form of release first, to say that the principle does not apply to accused offenders subject to a reverse onus.
It also clarifies that the “principle of restraint” — which ensures release at “the earliest opportunity” is preferable to detention — “does not mandate release” and that an accused person should not be released if their detention is “justified” to protect the public.
House arrest or conditional sentence orders would be made unavailable for “serious sexual offences,” including those against children, under the proposed legislation.
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“We’ve heard from victims that that doesn’t feel like justice,” Fraser said.
It includes assault and sexual assault involving choking or strangulation as one of six offences that would see a new reverse onus imposed on the accused. The others are violent and organized auto theft, break-and-enters, human trafficking and smuggling, and violent extortion.
Reverse onus cases would require courts to closely scrutinize the accused’s bail plan to ensure it is “reliable and credible.”
Changes to the Youth Criminal Justice Act are also included in the new legislation, including stricter criteria for custodial sentences for violent offenders and allowing the retention and access of youth criminal records for two years in some cases.
It would also allow police to publish a young offender’s identifying information without a court order in “urgent situations” when there is an immediate public danger while the youth is at large.
Fraser said the government wants to “mirror” the proposed criminal law changes with investments in programs that divert at-risk youth from criminal activity, including through additional legislation.
The government’s press release added that the proposed changes “will only be effective if provincial and territorial governments do their part in supporting their implementation,” including adequate resources for police, courts, bail supervision programs and victim services.
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At the same time, Fraser said the legislation came after listening to the concerns of those provinces and territories, including at last week’s meeting with justice ministers from across the country.
“Many of the reforms that are in this bill are the product of our partnership with provinces and territories, and our shared national commitment to keep Canadians safe and restore public confidence in the justice system,” he said.
“The justice system is only going to work if we continue to work together.”
Fraser said the new law will likely lead to “more dangerous people incarcerated as a result of their behaviour,” but expected provinces and territories that have asked for tougher measures will do their part to expand capacity at jails and prisons.
“If the provinces are asking us to change the law, knowing that they have the responsibility for detention facilities when people are being held on bail, they should be asking those questions with full expectation that they’re going to develop the capacity to manage the volume of people that will be going through provincial detention facilities,” he said.
He said the government will be bringing forward additional measures in the coming months that will strengthen protections for people facing sexual and intimate partner violence, as well as keeping children safe from “horrific crimes.”
The Canadian Association of Chiefs of Police and the Federation of Canadian Municipalities both issued statements Thursday endorsing the bill’s introduction.
Conservative justice critic Larry Brock has called the bill a “half-baked attempt to copy-paste” his party’s proposed crime legislation, and has called on the Liberals to repeal previous laws the party says prioritizes bail over incarceration and minimizes sentencing guidelines.
Conservative Leader Pierre Poilievre said Thursday that the “principle of restraint” should be removed from sentencing guidelines entirely.
“The police have said again and again, we have to scrap Liberal bail, get rid of the principle of restraint so that if you are a rampant offender and you’re newly arrested, it should be presumed that you’re automatically staying behind bars until either acquitted or your sentence is complete,” Poilievre said at a press conference in Ottawa.
The Canadian Civil Liberties Association criticized Carney’s announcement, arguing that there was “no evidence that bail causes crime.”
“For years, civil society and even the Senate have urged the government to collect and publish standardized bail data. We do not even have basic numbers, like how many people allegedly commit new offences while on bail,” said Shakir Rahim, director of the Criminal Justice Program.
Officials briefing reporters said that a Charter of Rights statement has been ordered for this legislation to determine whether it could stand up to a court challenge.
—With files from Uday Rana and the Canadian Press
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