Global Courant 2023-05-21 23:13:31
Canada’s justice minister says the federal government could not have made its recently proposed bail reform much stricter given constitutional constraints.
In an interview on Rosemary Barton Live that aired Sunday, David Lametti said his government had only a very narrow margin to cooperate when it comes to violating Canadians’ right to bail under the Charter of Rights and Freedoms.
“My honest answer is I don’t think you can go any further,” Lametti told Rosemary Barton, the CBC’s chief political correspondent.
“What we’ve done here is targeting a very limited set of crimes: violent offenders with a gun,” along with some firearms violations, “he said.
“By staying on that very, very narrow path, we feel like we’re pretty much in line with the Charter, but we’re also addressing some very specific needs.” The Liberal government enacted more comprehensive bail reform earlier in its term, in response to Supreme Court of Canada rulings.
LOOK | Justice Minister discusses new bail reform legislation:
Does the plan for the bail system proposed by the Liberals go far enough?
Rosemary Barton speaks live with Federal Attorney General David Lametti about how Bill C-48 could change Canada’s bail system, and whether those changes go far enough.
The new piece of legislation, Bill C-48, would change the rules to make it more difficult for some offenders charged with violent crimes involving a weapon and who have similar previous convictions to get bail. It would do this by introducing a “reverse burden of proof” provision.
In most cases, prosecutors must demonstrate that defendants are either a flight risk, a danger to the public, or that detention is necessary to “maintain confidence in the administration of justice” to avoid bail. Reverse burden of proof shifts the burden to defendants.
The new bill responds to calls from police associations and prime ministers across the country, who have urged Ottawa to implement reforms — especially after the killing of several police officers in recent months.
Lametti said the bill was developed in consultation with groups across the country. He added that he was committed to ensuring that bail reform would not negatively impact black and indigenous peoples, and to efforts to resolve the issue of their over-representation in the criminal justice system.
Welcomed by prime ministers, police
After a long period of decline, violent crime in Canada has been on the rise since about 2014, according to Statistics Canada.
The bill has generated a range of reactions. The union representing RCMP officers called the move a “good first step”, and was also welcomed by the Canadian Association of Chiefs of Police.
The Canadian Civil Liberties Association said: “We believe that every person in Canada deserves to feel safe in their community, but this bill will not achieve that. It is possible to protect the right to reasonable bail and ensure public safety . The federal government can and should do better than Bill C-48.”
Karen Kuwica, president of the Nanaimo Area Public Safety Association, told Barton in a separate interview that aired Sunday that the bill was “encouraging, it’s a step in the right direction…going to make a significant change.”
Kuwica said more needs to be done, both in the justice system and social services, to address a “hat-trick of social crises” including the opioid epidemic, the lack of affordable housing and mental health.
The bill has been strongly criticized by the Leader of the Official Opposition, who believes it does not go far enough and does not address Canadians’ security concerns.
Shown in the House of Commons on May 2, Conservative leader Pierre Poilièvre says the government’s bail reform proposal will not allay concerns over the safety of Canadians. (Sean Kilpatrick/The Canadian Press)
Conservative leader Pierre Poilièvre has proposed a stricter approach to bail, with people convicted of violent crimes who are arrested on new charges being denied bail during their trial and potential punishment.
“No bail, and no parole. That’s common sense,” he said earlier this week.
“A major overhaul is needed of the catch and release policies that (Prime Minister Justin) Trudeau and the Secretary of State have put forth in recent years. This will not solve that problem.”
However, legal experts question the constitutionality of Poilièvre’s proposed approach.
The idea “completely ignores the basic principles of our criminal justice system,” Nicole Myers, a sociologist at Queen’s University with expertise in bail and pretrial detention, told The Canadian Press earlier this week.
