The federal Liberal government unveiled adjustments to the legal system on Thursday aimed at extending the detention of certain offenders in a bid to reduce crime rates. The newly introduced legislation, C-14, brings about numerous targeted modifications to the bail and sentencing structure within the federal Criminal Code, a move advocated for by victims’ rights groups, police unions, and select provincial leaders. This call for change followed a rise in violent crime over the past decade, although there was a slight decrease in crime rates last year post-COVID surge.
Justice Minister Sean Fraser revealed the changes, primarily focusing on making bail more stringent, particularly for repeat and violent offenders. The key highlight is the introduction of new “reverse onuses,” where detention becomes the default choice, and bail seekers must prove why they should not be held in custody pending trial. If approved by Parliament, these reverse onuses will be applicable to individuals facing charges related to violent or organized crime activities such as car theft, break-ins, human trafficking, assault, and extortion involving violence.
The government emphasizes heightened scrutiny on bail plans for individuals involved in these reverse onus cases to ensure the credibility and reliability of their requests for release. Fraser explained during a press briefing that the bill aims to enhance public trust in the justice system and prevent dangerous individuals from roaming the streets freely. He highlighted a small group of repeat offenders, many known to law enforcement, who continuously re-enter the justice system like a revolving door, leading to increased criminal activities.
The bill further clarifies the “principle of restraint,” introduced by the previous Liberal government, which mandates judges to grant bail to some accused individuals at the earliest opportunity and with minimal conditions. While the B.C. NDP and federal Conservatives have called for the repeal of this principle due to concerns about its leniency, the Liberals have retained it with significant sharpening through these legislative amendments. Courts and law enforcement are now directed not to release an accused if it goes against the public interest or if detention is necessary for victim or witness protection.
Additionally, the bill instructs courts to consider specific factors, such as the nature of violence in allegations, aiming to retain more offenders in custody due to the heightened risk to public safety. These proposed stricter laws emerge amidst notable criminal incidents, like the case of Bailey McCourt in B.C. and the murder of Ontario Provincial Police Const. Grzegorz Pierzchala, both involving offenders out on bail at the time of the crimes.
While these measures are anticipated to enhance public safety, concerns about potential Charter rights violations and constitutional challenges remain, as highlighted by criminal defense attorney Lawrence Greenspon. The government remains optimistic about the constitutionality of these measures, emphasizing their confidence in the new regulations’ alignment with legal standards.
Conservative Leader Pierre Poilievre expressed reservations about the adequacy of the bail changes, suggesting they might not be sufficient to address the issues stemming from past Liberal crime policies. The bill also introduces stricter sentencing measures, advocating for harsher penalties for repeat and violent offenders, including consecutive sentences and enhanced sentencing for specific crimes like those against first responders and essential infrastructure.
Furthermore, C-14 includes provisions targeting accused individuals under 18 by broadening the range of crimes that could lead to their detention, aligning with a broader approach to crime prevention that involves stronger laws, increased law enforcement resources, and investments in social programs to deter criminal behavior. Discussions on funding for provincial implementation of these changes are ongoing, with provinces expected to collaborate given the shared jurisdiction in this domain.