Lawyers raising concerns new bail laws won't be Charter compliant
Criminal lawyers are raising concerns that proposed changes to Canada's bail laws won't be constitutional, as they eagerly await a statement explaining why the federal Liberals think the reforms comply with the Charter.
Vancouver criminal lawyer Kyla Lee says the federal government's proposed changes making it harder for some repeat violent offenders to get bail might not be Charter compliant, given that bail is a constitutional right.
"It's hard to write a Charter statement about something that is very close to crossing constitutional boundaries, and something that is generally unprecedented," she said.
The legislation currently before Parliament would introduce reverse-onus bail conditions for people charged with serious violent offences involving a weapon, in cases where the person was convicted of a similar violent offence within the last five years.
Prosecutors in such cases would no longer have to show judges why an accused person should stay behind bars. Rather, the accused would have to demonstrate why bail is justified.
"In our legal system, imposing this many reverse onuses is a new thing," said Lee, adding the proposed reforms will likely be challenged in court immediately if they become law.
According to the federal government, Charter statements are a transparency measure meant to inform debate on proposed laws and increase "awareness and understanding of the Charter."
They accompany legislation introduced by the government, but often are not made available until well after a bill is tabled.
Lee says the lack of a Charter statement for the bail reforms is "probably a sign that they're struggling a little bit with how to strike the right balance."
"They're trying to be very careful that they write something that is going to form a good part of the record, that's going to support the legislation being upheld, because it will look like a loss if they write something that has been very quickly struck down."
Ottawa criminal lawyer Lawrence Greenspon says it's concerning that the government has yet to issue a Charter statement explaining why the proposed law is compliant.
He worries the federal government is being too reactive to a vocal minority alarmed over a recent spate of violent crime, and says Ottawa lacks the data to justify its planned changes.
If that continues to be the case, a Charter challenge would be a "slam dunk," Greenspon said.
The government has admitted to "data gaps" it intends to fill with the help of provinces and has not pointed to statistics showing more violent crime being committed by people on bail.
Justice Minister David Lametti's office says a Charter statement will be tabled when the bail reform law is up for second reading in Parliament, but it is not clear when that will be.
Greenspon fears it would take years of court challenges, and thousands of affected people, before the pending changes might be struck down by the Supreme Court of Canada.
He points to the long list of criminal laws enacted during Stephen Harper's government as an example: despite being passed during his tenure as prime minister between 2006 and 2015, many of those laws weren't found to run afoul of the Charter until the Conservatives were out of office.
The Supreme Court struck down several Harper-era "tough on crime" laws, finding many of the mandatory minimum sentences introduced by the government of the day to be unconstitutional.
This report by The Canadian Press was first published May 29, 2023.
IN DEPTH
Budget 2024 prioritizes housing while taxing highest earners, deficit projected at $39.8B
In an effort to level the playing field for young people, in the 2024 federal budget, the government is targeting Canada's highest earners with new taxes in order to help offset billions in new spending to enhance the country's housing supply and social supports.
'One of the greatest': Former prime minister Brian Mulroney commemorated at state funeral
Prominent Canadians, political leaders, and family members remembered former prime minister and Progressive Conservative titan Brian Mulroney as an ambitious and compassionate nation-builder at his state funeral on Saturday.
'Democracy requires constant vigilance' Trudeau testifies at inquiry into foreign election interference in Canada
Prime Minister Justin Trudeau testified Wednesday before the national public inquiry into foreign interference in Canada's electoral processes, following a day of testimony from top cabinet ministers about allegations of meddling in the 2019 and 2021 federal elections. Recap all the prime minister had to say.
As Poilievre sides with Smith on trans restrictions, former Conservative candidate says he's 'playing with fire'
Siding with Alberta Premier Danielle Smith on her proposed restrictions on transgender youth, Conservative Leader Pierre Poilievre confirmed Wednesday that he is against trans and non-binary minors using puberty blockers.
Supports for passengers, farmers, artists: 7 bills from MPs and Senators to watch in 2024
When parliamentarians return to Ottawa in a few weeks to kick off the 2024 sitting, there are a few bills from MPs and senators that will be worth keeping an eye on, from a 'gutted' proposal to offer a carbon tax break to farmers, to an initiative aimed at improving Canada's DNA data bank.
Opinion
opinion Don Martin: Gusher of Liberal spending won't put out the fire in this dumpster
A Hail Mary rehash of the greatest hits from the Trudeau government’s three-week travelling pony-show, the 2024 federal budget takes aim at reversing the party’s popularity plunge in the under-40 set, writes political columnist Don Martin. But will it work before the next election?
opinion Don Martin: The doctor Trudeau dumped has a prescription for better health care
Political columnist Don Martin sat down with former federal health minister Jane Philpott, who's on a crusade to help fix Canada's broken health care system, and who declined to take any shots at the prime minister who dumped her from caucus.
opinion Don Martin: Trudeau's seeking shelter from the housing storm he helped create
While Justin Trudeau's recent housing announcements are generally drawing praise from experts, political columnist Don Martin argues there shouldn’t be any standing ovations for a prime minister who helped caused the problem in the first place.
opinion Don Martin: Poilievre has the field to himself as he races across the country to big crowds
It came to pass on Thursday evening that the confidentially predictable failure of the Official Opposition non-confidence motion went down with 204 Liberal, BQ and NDP nays to 116 Conservative yeas. But forcing Canada into a federal election campaign was never the point.
opinion Don Martin: How a beer break may have doomed the carbon tax hike
When the Liberal government chopped a planned beer excise tax hike to two per cent from 4.5 per cent and froze future increases until after the next election, says political columnist Don Martin, it almost guaranteed a similar carbon tax move in the offing.
CTVNews.ca Top Stories
Serial sexual offender linked to unsolved 1970s homicides of four Calgary girls, women
An investigation into unsolved historical homicides from the 1970s has linked the deaths of two girls and two young women in and around Calgary to a now-deceased serial offender.
Woman with liver failure rejected for a transplant after medical review highlights alcohol use
For nearly three months, Amanda Huska has been in an Ontario hospital, part of it on life support, because of severe liver failure. Her history of alcohol use is getting in the way of her only potential treatment: a liver transplant.
BREAKING Craig Berube named as next head coach of Toronto Maple Leafs
The Toronto Maple Leafs have named Craig Berube as their new head coach.
A look back at Alberta's record-breaking wildfire season
By the end of the 2023 wildfire season in Alberta, 1,088 wildfires had burned more than 2.2 million hectares of land, and this year, the wildfire season is already in full swing.
Person charged in random assault on actor Steve Buscemi in New York
A person wanted in connection with the random assault on actor Steve Buscemi on a New York City street earlier this month was taken into custody Friday, police said.
B.C. man 'attacked suddenly' by adult grizzly near Alberta boundary: RCMP
A B.C. man is recovering from multiple injuries after he was "attacked suddenly" by an adult grizzly bear near Elkford Thursday afternoon.
Australia's richest woman seeks removal of her portrait from exhibition
Art is subjective. And while many artists long to share their work with the world, there's no guarantee that the audience will understand it, or even like it.
Video appears to show Sean 'Diddy' Combs beating singer Cassie in hotel hallway in 2016
Security video aired by CNN appears to show Sean 'Diddy' Combs physically assaulting singer Cassie in a Los Angeles hotel hallway in 2016.
Anglers reel in 3.5-metre-long tiger shark off coast of Florida: 'She found my bait'
A group of fishers said it took roughly 20 minutes to reel in this 3.5-metre-long tiger shark off the coast of Florida.
Local Spotlight
'Another pair of eyes watching over me:' How a B.C. woman's service dog saved her from drowning
A B.C. woman says her service dog pulled her from a lake moments before she had a seizure, saving her life.
Starbucks fan on decades-long journey to visit every store in the world
A Starbucks fan — whose name is Winter — is visiting Canada on a purposeful journey that began with a random idea at one of the coffee chain's stores in Texas.
'Sacred work': Sask. First Nation learning how to conduct its own underground searches
Members of Piapot First Nation, students from the University of Winnipeg and various other professionals are learning new techniques that will hopefully be used for ground searches of potential unmarked grave sites in the future.
'It could mean a cure': Cautious optimism for groundbreaking ALS research at Western
ALS patient Mathew Brown said he’s hopeful for future ALS patients after news this week of research at Western University of a potential cure for ALS.
B.C. musician's song catches attention of Canucks
When Adam Kirschner wrote 'Slap Shot,' he never imagined the song would be embraced by his favourite team.
'We're on standby': Team ready to help entangled right whale in Gulf of St. Lawrence
A team is ready to help an entangled North Atlantic right whale in the Gulf of St. Lawrence.
Thieves caught on camera stealing pet chicken from North Vancouver backyard
A $200 reward is being offered by a North Vancouver family for the safe return of their beloved chicken, Snowflake.
Adopted daughter in the Netherlands reunited with sister in Montreal and mother in Colombia, 40 years later
Two daughters and a mother were reunited online 40 years later thanks to a DNA kit and a Zoom connection despite living on three separate continents and speaking different languages.
'Reimagining Mother's Day': Toronto woman creates Motherless Day event after losing mom
Mother's Day can be a difficult occasion for those who have lost or are estranged from their mom.