Federal government proposes stricter bail system in new bill

The federal government is proposing changes to the country's bail system that would make it harder for those accused of certain offences to be released on bail.

Bill C-48 would amend the Criminal Code so that those charged with a serious violent offence involving a weapon — one with a maximum penalty of ten years' imprisonment — who were convicted of a similar offence within the last five years will face a reverse onus to get bail.

"Reverse onus" means the accused would have to show why they should be released instead of the prosecution having to prove that they should remain behind bars.

The proposed law would also expand the use of reverse onus for firearm and intimate partner violence offences, and allow courts to take into consideration community safety and an accused's history of violence when making a bail decision.

"The goal of Bill C-48 is improving public safety," Justice Minister David Lametti told a news conference Tuesday.

"At the same time, we want to make sure that these law reforms do not make things worse for Indigenous people, Black people and other vulnerable groups who we know are overrepresented in the criminal justice system … I know this is a priority that my provincial and territorial counterparts share."

WATCH | Justice minister says proposed changes to bail system go 'beyond' premiers' requests 

Lametti introduced the legislation in the House of Commons Tuesday morning.

The bill is the federal government's response to chiefs of police, premiers and Conservative MPs pushing for stricter bail laws. 

Lametti said the proposed changes are the result of consultations earlier this year with the premiers, law enforcement and other stakeholders.

Canada's bail system came under heavy scrutiny after Const. Grzegorz (Greg) Pierzchala of the Ontario Provincial Police was killed late last year. Randall McKenzie, one of the two suspects in the murder, was out on bail for assault and weapons charges, and also had a warrant out for his arrest. A rising tide of violent crime has also put a spotlight on Canada's criminal justice system.

Public Safety Minister Marco Mendicino said the bail system needs changes.

"We must strengthen our bail system to keep communities safer," he told the news conference. 

"For workers riding a bus or a subway, for parents who send their kids to school, for families who are going for a walk in their own neighbourhood, this legislation is about them and indeed all Canadians so that we can keep them safe."