Canada's Bail Reform: Stricter Rules for Repeat and Violent Offenders

In a significant move to address public safety concerns, the Canadian government has introduced the Bail and Sentencing Reform Act, proposing the most substantial changes to the Criminal Code’s bail system in decades.

The reforms aim to make it harder for individuals accused of certain violent and repeat offences to be released while awaiting trial.

A key feature is the introduction of new "reverse onus" provisions for charges like violent car theft, break and entering, and human trafficking, which would require the accused to prove why they should be released, rather than the Crown justifying their detention.

The legislation also seeks to clarify the principle of "restraint," specifying that it does not equate to automatic release when public safety is a concern.

Beyond bail, the bill proposes tougher sentencing rules, including consecutive sentences for crimes like violent auto theft and the elimination of house arrest for specific sexual offences.

While police associations have been generally welcoming of the proposals, civil liberties groups have raised concerns, suggesting the reforms may not be backed by sufficient data and could face Charter challenges for infringing on the right to reasonable bail.

Globe and Mail

The government describes the changes as a "holistic" approach that also includes investments in addressing root causes of crime.

Refrence :https://www.cbc.ca/player/play/video/9.6951498