Proposed bail changes largely welcomed in B.C., though questions remain

Tougher bail and sentencing rules are part of federal legislation being introduced next week to target violent and chronic offenders.

With Canada’s criminal courts regularly criticized as a “catch and release” system, the federal government plans to bring forward a bail reform bill next week.

The proposed changes would mean repeat offenders charged with specific crimes would have to prove they should be released on bail.

It’s a reverse of the existing system, in which prosecutors must prove a defendant should be held in custody.

“Any step forward is a good step,” said Aron Dunn, whose daughter Tori was killed in a home invasion last year.

The accused, Adam Troy Mann, was facing charges for other offences at the time of the attack.

“We’ve needed bail reform for a long, long time,” Dunn told CTV News.

But while welcoming the changes, Dunn expressed frustration at how long victims and their families have been waiting for action.

“Unfortunately, it’s too late for my daughter and many others,” he added.

The provincial government has been pressing the federal government to act on this issue quickly.

While waiting for the specific language of the bill, the broad picture appears promising, according to B.C.’s attorney general.

“What I saw in the announcement today by Prime Minister Carney is a lot of the things B.C. was asking for … to strengthen our system and keep our communities safer,” Niki Sharma told CTV News on Thursday.

“We’re optimistic, but right now it’s at a very high level, so what I’ll be watching for is the contents of the bill.”

Another advocate for an overhaul of the system has been Vancouver Mayor Ken Sim. While he acknowledged the concept of a reverse onus is not something to be taken lightly, he feels sections of the public have lost faith in the existing system.

“People in a lot of communities fear that it’s not working, and they fear for their safety on the streets, and so we have to look at things differently,” Sim told CTV News. “The reverse onus is one thing that is different and hopefully it gets to the root cause of a lot of challenges that we have on the street.”

For families of victims, the feelings are mixed.

“We support anything that helps strengthen bail reform, holding criminals – violent offenders – accountable for their actions,” said Debbie Henderson, whose niece Bailey McCourt was beaten to death with a hammer in Kelowna in July.

The man accused in that case is McCourt’s estranged partner James Plover, who was convicted hours before the attack of uttering threats and assault by strangulation.

“We do have some disappointment in the length of time it’s taking,” Henderson added. “It’s a life lost. And we don’t want any other families to have to go through what we’ve been through.”

The legislation would also mean courts could impose consecutive sentences for violent and repeat offenders.

While it’s clear there’s an appetite for bail reform from various levels of government and sections of the public, there are critics of the proposal. The B.C. Civil Liberties Association says it is concerned a reverse onus approach violates the principle of the presumption of innocence.