Ottawa tables sweeping bail and sentencing reforms targeting repeat violent offenders

Ottawa is moving forward with its promised overhaul of Canada’s bail and sentencing laws.

On Thursday, the Liberal government tabled the Bail and Sentencing Reform Act, a sweeping bill with more than 80 proposed changes to the Criminal Code that aim to target repeat and violent offenders.

The proposed changes would make it harder for chronic offenders or people with violent criminal histories to be released, creating “new reverse onuses,” in which the accused must prove why they should be granted bail.

It represents a major shift from the current approach, where the Crown typically has to argue why someone should stay in custody.

Justice Minister Sean Fraser says the change is “to ensure the bail system is not viewed as some get out of jail free card.”

“We are going to ensure that bail hearings treat public safety as a paramount concern. When risks to the public cannot be managed, offenders will be detained.”

Bill C-14 also includes new rules for how bail is considered — like whether the violence was random or unprovoked, whether there are outstanding charges, and whether weapons were involved.

Stronger sentencing

The Liberals are also looking to stiffen sentences for violent and serious crimes.

Under the new bill, consecutive sentences would be required for offences such as auto theft, break and enter, extortion, arson, and crimes against first responders or critical infrastructure.

The proposed legislation also ends house arrest or conditional sentences for certain sexual assault or child sexual offence cases, restores driving prohibitions for negligent homicide or manslaughter, and strengthens fine enforcement.

Legal reaction

Ottawa says the proposed changes are aimed at restoring public trust in the justice system and helping to keep dangerous offenders off the streets.

But some in the legal community are already looking at what comes next.

Michael Shapray is a Vancouver-based criminal defence lawyer.

He warns the system isn’t currently built to hold a surge of people being detained ahead of trial.

“We haven’t heard any mandate to build more jail cells or more jails…and if these introduced pieces of legislation on sentencing and on bail pass, I could certainly see the potential that there will be an issue with respect to housing these people.”

Shapray adds the promise to lock more people up needs investment behind it; otherwise, the system risks becoming overcrowded and delayed.

“I think that’s a reality of what could occur over time.”

Ottawa has also made it clear this plan will only work if provinces and territories provide resources to help with bail hearings, court capacity, jails, supervision programs, and victim services.

The legislation still has to make its way through Parliament.