Some provincial justice ministers say the federal government’s commitment this week to changing parts of the Criminal Code will bring “back into balance” some “unintended consequences” of 2019 bail reform.
On Friday, after a long-awaited meeting with his provincial counterparts, federal Justice Minister and Attorney General David Lametti committed to making “targeted reforms” to the Criminal Code and Canada’s bail system.
“We have a broad consensus on a path forward, one based on a set of shared principles and clear objectives,” Lametti said Friday. “That starts with a commitment from our government, the federal government, to move forward quickly on targeted reforms to the Criminal Code.”
But Lametti would not say whether he’s promised the provinces those reforms will include a reverse onus at bail hearings for certain firearms charges, something the premiers have been calling for. A reverse onus would mean those seeking bail would have to show why they should be released, as opposed to the Crown demonstrating why they should be detained.
“I can’t get out in front of my parliamentary colleagues, and I can’t get out in front of my cabinet colleagues,” Lametti said, when pressed on whether the reforms will include a reverse onus.
Meanwhile, the attorneys general for Manitoba and British Columbia told CTV’s Question Period host Vassy Kapelos, in an interview airing Sunday, making it harder for some repeat offenders to get bail is necessary to address a “rise in random attacks and violence” in Canada.
“What came from the meetings was a clear commitment for legislative changes to the Criminal Code that would add stronger provisions on repeat violent offenders and some firearm offenses,” B.C. Attorney General Niki Sharma said. “So we know that with those changes, that people who commit those offenses have an onus of being held unless there's a good reason to release them.”
Critics of reverse onus say it removes the right to presumption of innocence until proven guilty, but Sharma said in this case, and in the circumstances under which the provinces are pushing for it, the goal is not to change the fundamentals of the justice system.
“Everything has a balance when it comes to bail,” said Manitoba Justice Minister and Attorney General Kelvin Goertzen, adding many factors are taken into consideration at a bail hearing, such as whether the person will show up in court and whether they pose a risk to public safety.
“We're talking about the balance that we need to have in our justice systems of protecting the most vulnerable, making sure that if it's a repeat violent offender that causes harm to communities, we have more tools in the toolbox to make sure our communities are safe,” Sharma said.
The federal government made other bail reforms in 2019 to address overcrowding in Canada’s prisons, as well as the overrepresentation of minorities in those prisons.
But Goertzen said the “targeted reforms” the provinces discussed with Lametti this week are unlikely to reverse the positive impacts of those 2019 changes.
“We’re not talking about everybody who's accused of a violent crime, we're talking about repeat offenders, which is a narrower band,” he also said. “So I do understand the concerns, but we still ultimately as ministers of justice do have a responsibility to ensure that people are safe in the community.”
