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Canada’s new government is introducing sweeping reforms to make bail laws stricter and sentencing laws tougher for repeat and violent offending, to support the front lines, and to invest in long-term prevention. The Bail and Sentencing Reform Act would introduce over 80 clauses of targeted changes to the bail and sentencing framework in the Criminal Code, informed by extensive consultations. They would also make amendments to improve the youth justice system.
Stricter bail laws
The Act would make bail stricter and harder to get, including in cases of repeat and violent offending. It would create new reverse onuses, meaning the starting point is detention and the accused would have to prove why they should be released on bail.
When considering whether to grant bail, the amendments would direct police not to release an accused when it is against the public interest or when detention is needed to protect victims, or witnesses. Courts would be required to consider specific factors, including if the allegations involved random or unprovoked violence and if the accused has any outstanding charges, and to set stricter conditions, including weapons bans. Changes would make clear that in reverse onus cases, courts must closely scrutinize the bail plan of the accused, who would be required to clearly demonstrate that their plan is reliable and credible, in order to be released on bail.
Tougher sentencing laws
The Act would also toughen sentencing laws for repeat and violent crime, including car theft and extortion, meaning those found guilty can spend more time in prison. Proposed amendments would require consecutive sentences for violent auto theft and break and enter, and extortion and arson, and allow them for repeat violent offending. This means serving one sentence after another instead of serving sentences for multiple offences at the same time.
New aggravating factors would apply to crimes against first responders, retail theft, and theft or mischief that harms essential infrastructure. The Act would also end house arrest for certain sexual assault and child sexual offences, restore driving prohibitions for criminal negligence causing bodily harm and death and manslaughter, and strengthen fine enforcement.
These changes to the Criminal Code by the federal government will only be effective if provincial and territorial governments do their part in supporting their implementation. This includes properly managing and resourcing the administration of justice, including police and prosecution services under their jurisdiction, bail courts, bail supervision programs, provincial courts, jails and victim services. The federal government looks forward to continuing to work with provincial and territorial governments to ensure the proper functioning of the criminal justice system.
A strong Canada means strong protections for our communities and a Criminal Code that responds to emerging threats, protects victims of crime, and keeps our kids safe. This is the latest in a series of reforms to strengthen community safety and Canada’s justice system. In the coming months, the Government of Canada will bring forward further changes to address court delays, strengthen victims’ rights, better protect people facing sexual and intimate partner violence, and keep children safe from horrific crimes.
“Our new government has introduced major reforms that will make our communities safer, by keeping repeat and violent offenders off our streets and ensuring stronger consequences for serious crimes. Canadians deserve to feel secure in their homes and neighbourhoods, and this legislation will strengthen protections for victims and provide greater support to those on the front lines who keep us safe.
“At the same time, we are addressing the root causes of crime through investments in housing – like the $5 million local investment in supportive housing for women fleeing violence – as well as mental health, and youth initiatives—helping build safer communities for the long term. In the months ahead, our government will also bring forward additional measures to further protect people from sexual and intimate partner violence and to keep children safe from the most serious offences.”
“While we work to amend these laws and support these programs, the province must also do their part and properly resource provincial justice, including bail courts, jails, and victim services.” -Terry Sheehan, Member of Parliament for Sault Ste. Marie–Algoma
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