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Poilievre's 'jail, not bail' idea may not pass constitutional muster, experts say

Poilievre's 'jail, not bail' idea may not pass constitutional muster, experts say

CTV
Thursday, May 18, 2023 12:14:04 PM UTC

Conservative Party Leader Pierre Poilievre said this week that if he became prime minister, his government would pass legislation to deny repeat violent offenders access to bail -- and while the proposal speaks to Canadians' deepening concerns about crime, experts suggest it would likely be unconstitutional.

Conservative Party Leader Pierre Poilievre said this week that if he became prime minister, his government would pass legislation to deny repeat violent offenders access to bail -- and while the proposal speaks to Canadians' deepening concerns about crime, experts suggest it would likely be unconstitutional.

"A repeat violent offender, newly arrested for another serious violent offence, will have to serve their entire period in jail," Poilievre told reporters in Ottawa on Tuesday.

"Not bail, and not early parole. That's common sense."

The Opposition leader's comments came in response to the federal government announcing its own plans to reform Canada's bail laws by bringing in measures making it more difficult for some repeat violent offenders to get released on bail.

The Liberals introduced the proposed changes in response to mounting pressure from provinces, police associations and victims' rights groups to strengthen the system amid a spate of high-profile crimes.

Poilievre said the measures don't go nearly far enough to improve public safety. But experts reacted to his alternate proposal with skepticism.

Boris Bytensky, a criminal defence lawyer, said legislation that would deny some accused people access to bail hearings would not pass constitutional muster.

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