The federal Liberal government has introduced new legislation, C-14, aimed at enhancing the justice system to keep certain offenders in custody for longer periods in an effort to reduce crime rates. The changes focus on bail and sentencing adjustments within the federal Criminal Code, addressing demands from victims’ rights advocates, police unions, and some provincial leaders. These modifications come in response to a recent surge in violent crime, although there was a slight decrease in crime rates last year post-COVID.
The proposed changes include making bail more challenging to obtain, particularly for repeat and violent offenders. The introduction of “reverse onuses” shifts the default option to detention, requiring bail seekers to justify why they should not be held in custody while awaiting trial. If approved by Parliament, these new reverse onuses will apply to individuals charged with violent or organized crime-related offenses such as car theft, break and enter, human trafficking, assault, sexual assault involving specific circumstances, and violence-related extortion.
Under the new legislation, courts are instructed to thoroughly review the bail plans of individuals involved in these reverse onus cases to ensure the reliability and credibility of their requests for release. Justice Minister Sean Fraser explained that the bill aims to rebuild public trust in the justice system and prevent dangerous individuals from reoffending. Fraser emphasized the need to address a small number of repeat offenders who frequently cycle through the justice system, posing a significant threat to public safety.
Moreover, the bill clarifies the “principle of restraint,” which mandates judges to release accused individuals on bail at the earliest reasonable opportunity with the least burdensome conditions. While some have called for the repeal of this principle, citing concerns about leniency, the Liberal government opted to refine it significantly due to Charter rights considerations. The legislation directs courts not to release accused individuals if it goes against the public interest or jeopardizes victim and witness protection.
The bill also introduces criteria for courts to consider when determining whether to grant bail, including the nature of the allegations, with a focus on random or unprovoked violence, to prevent potential risks to public safety. These proposed changes come in the wake of notable criminal incidents involving individuals released on bail who later committed serious offenses.
While the bill is expected to face constitutional challenges, the government remains confident in the legality of the new measures. Conservative Leader Pierre Poilievre expressed concerns that the bail reforms do not go far enough to address the perceived disorder resulting from past Liberal crime policies.
Regarding sentencing, the government urges courts to adopt a tougher stance on repeat and violent offenders, advocating for longer prison terms. Consecutive sentencing is introduced to ensure individuals serve multiple sentences successively rather than concurrently. The bill also includes enhanced penalties for offenses against first responders, retail theft, and crimes impacting essential infrastructure, aiming to impose stricter sentences. Additionally, house arrest is eliminated for specific sexual assault and child sexual offense cases.
In addition to bail and sentencing adjustments, C-14 proposes measures to address accused individuals under 18 by expanding the scope of offenses that could lead to their detention. The government emphasizes a holistic approach to crime prevention, combining legislative changes with investments in law enforcement resources, mental health services, housing, and programs targeting at-risk youth. Discussions continue about potential financial support for provinces to implement these changes effectively, given the shared jurisdiction in the justice system.