Federal Government Introduces Bill C-48 for Stricter Bail Laws; Poilievre Calls for Stronger Measures to Prevent Release of Violent Offenders

The federal government has proposed changes to the country’s bail system through Bill C-48, aiming to make it more challenging for individuals accused of certain offenses to be granted bail. Under the proposed amendments to the Criminal Code, individuals charged with a serious violent offense involving a weapon, carrying a maximum penalty of ten years’ imprisonment, will face a reverse onus for obtaining bail if they have a prior conviction for a similar offense within the past five years. In this case, the burden of proof would shift to the accused, requiring them to demonstrate why they should be released, rather than the prosecution having to prove why they should be detained.

Bill C-48 also seeks to expand the use of reverse onus for firearm and intimate partner violence offenses. Additionally, it would enable courts to consider community safety and an accused person’s history of violence when making bail decisions. The Justice Minister, David Lametti, emphasized that the goal of the proposed legislation is to enhance public safety while ensuring that the reforms do not disproportionately affect Indigenous people, Black people, and other vulnerable groups who are overrepresented in the criminal justice system.

The bill is a response to calls from chiefs of police, premiers, and Conservative MPs for stricter bail laws. However, Conservative Leader Pierre Poilievre criticized the proposed reforms, arguing that they do not go far enough. Poilievre expressed concern that the changes would not have prevented the release of an individual who subsequently committed a violent act, highlighting the case of McKenzie, an Indigenous person whose background was considered when granting bail. Poilievre advocated for a bail system that would keep repeat violent offenders behind bars until their trials and sentences are complete.

While the proposed legislation aims to address demands for stricter bail provisions, its impact on Indigenous communities was also considered. Remote and northern communities, during consultations, expressed the need to factor in an individual’s past violent criminal history and community safety. The Department of Justice official stated that this consideration influenced the inclusion of these provisions in the bill.