Liberals propose stricter bail and sentencing rules for violent and repeat offenders
OTTAWA — The Liberal government tabled its long-awaited bail reform bill Thursday that it promises will make it more difficult for violent and repeat offenders to be released before trial in the hopes of increasing trust in the oft-maligned bail system.
The new bill C-14 also promises tougher sentencing laws for serious and violent crimes, such as consecutive sentences for repeat violent offenders, offences against first responders, organized retail theft and crimes interfering with essential infrastructures (such as copper theft).
The sweeping bill contains dozens of modifications to the criminal code ranging from changes of the “principle of restraint” to further default weapons prohibitions to barring house arrest sentences to criminals convicted of serious sexual offences.
The government admitted Thursday that it did not have data on how many crimes are committed by people out on bail. Justice Minister Sean Fraser said the changes were “responding to requests” from municipalities, business associations and provincial governments who have seen “very real problems” with “very high volume offenders”.
On bail, the government proposes to impose a “reverse onus” — when the accused must convince a judge that they should be released pending trial — on additional charges linked to auto theft, breaking and entering homes, human trafficking and smuggling, certain forms of assault and violent extortion.
The reverse onus would also apply to any person charged with a violent crime within the last 10 years, as opposed to the current five.
The bill also proposes to clarify the “principle of restraint” that guarantees release at the earliest opportunity does not mandate release on bail if an accused’s detention is “justified” for public safety considerations.
Federal Conservatives have called on the government to repeal the 2019 Justin Trudeau-era law that wrote the principle of restraint into law.
During a background technical briefing, Justice Canada officials explained that the 2019 legislation simply codified an existing principle in common law. The new bill is a “calibration” of the controversial principle to make it clear that it does not mandate release, they said.
Speaking to reporters Thursday, Justice Minister Sean Fraser said the new interpretation of the principle of restraint would like have a big impact on how many suspected offenders are released on bail.
“We have made a significant change to clarify that this is not meant to justify an automatic release, but instead demands that the decision maker be satisfied a person will not pose a threat to public safety,” he said.
Fraser also suggested the Liberals might have gone too far with some changes to the Criminal Code and the bail regime under Prime Minister Justin Trudeau, including when legislating the principle of restraint.
“Some of the changes that we put in place remain in effect today, and I remain supportive of today. There are others that… through our extensive engagement with people in the justice system, that we think we should change,” he said.
The bill also proposes stricter or longer sentencing for certain criminal offenses. For example, the new law would require prison sentences for extortion, violent auto theft and repeat violent offenders to be served consecutively to other charges (meaning in addition to, as opposed to simultaneously).
Fraser said that he believed the bill respected constitutional rights because it did not propose consecutive life sentences, which the Supreme Court of Canada ruled in 2022 violated the Charter of Rights.
During the spring federal election, the Liberals campaigned on amending the Criminal Code to make it tougher for certain accused to access pre-trial release.
Several high-profile incidents involving individuals out on bail have led to political backlash, including from Ontario Premier Doug Ford, whom Carney met with last week.
Opposition Conservative Leader Pierre Poilievre has seized on crime as a central issue and blamed the Liberal government for adopting a relaxed approach when it came to bail and sentencing.
On Thursday, Poilievre criticized the Liberals for not rescinding the 2019 law codifying the principle of restraint, which he pejoratively referred to as the “Liberal bail”.
“That means that there will be a lot of very serious, rampant offenders who will once again be released into our streets, often within hours of their most recent arrests,” he told reporters.
He said it was too early to decide if his party supported the bill overall, noting that his team was still reviewing the new legislation with an “open mind”.
The bill received support from the Canadian Police Association (CPA) and the Federation of Canadian Municipalities, but was panned by civil liberties groups such as the Canadian Civil Liberties Association (CCLA).
The police association called the bill a “critical and timely step” that proposed “meaningful progress” in the fight against crime.
“For too long, issues such as bail and sentencing reform have been mired in partisanship, even while Canadians continue to express deep concerns about safety and confidence in the justice system. We are now calling on Parliamentarians from all parties to engage in a thoughtful and productive examination of Bill C-14,” read a statement provided by CPA media relations member Michael Gendron.
In a statement, the CCLA argued that the new proposal isn’t based on data and called on the government to start collecting statistics on offenses committed by individuals released on bail.
“Despite three successive Ministers of Justice recognizing the need for this data, today’s reforms again signal no effort to collect it. How can we evaluate something we do not measure?,” said the CCLA’s Skahir Rahim.
National Post, with files from Stephanie Taylor
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