On January 4, 2024, significant amendments to the Criminal Code’s bail provisions came into effect, marking a crucial step in fortifying community safety and rebuilding public confidence in the Canadian criminal justice system. The amendments primarily target serious repeat violent offenders, especially those involved in crimes committed with firearms, knives, bear spray, and other weapons. In this blog post, we will explore the key changes brought about by these amendments and their implications for the Canadian legal landscape.
Understanding Bail:
Before delving into the amendments, it’s essential to comprehend the concept of bail. Bail is the release of a person charged with a criminal offence from custody while awaiting trial. The presumption of innocence until proven guilty is a cornerstone of this process, with the prosecution bearing the onus to justify why an accused person should be denied bail and held in custody pending trial.
Reverse Onus and Just Cause:
Reverse onus is a critical legal term that shifts the burden of proof from the prosecution to the accused. This means that the accused must demonstrate to the court why they should be released while awaiting trial. Just cause is a consideration that evaluates whether detention is necessary to ensure the accused’s court appearance, protect the public, and uphold confidence in the justice system.
Key Amendments:
- Reverse Onus on Serious Repeat Violent Offending Involving Weapons:
The amendments introduce a new requirement of reverse onus for serious repeat violent offenses involving weapons. This applies to offences with a maximum penalty of at least 10 years imprisonment, featuring violence and weapon use, and where the offender has a previous conviction for a similar offence within the past 5 years. - Expanded Firearms Triggering Reverse Onus:
The list of firearms triggering the reverse onus for bail has been expanded, enhancing the legal measures against those involved in weapon-related offences. - Addressing Repeat Offenders of Intimate Partner Violence (IPV):
The amendments broaden the scope of reverse onus for IPV matters, even if the accused has a history of an IPV offence that resulted in a discharge sentence. - Reverse Onus for Firearm Offenses While Bound by Release Conditions:
Reverse onus will be applied if an accused faces firearm or certain weapons charges while already bound by a condition in a release order prohibiting possession of such items. - Consideration of Accused Person’s Violence History:
Courts will now take into account an accused person’s history of convictions for violence when making bail decisions. - Increased Accountability and Transparency:
Courts are now obligated to state on the record during any bail decision that they have considered the safety and security of the community concerning the alleged offence. - Special Consideration for Indigenous and Vulnerable Populations:
Another crucial amendment requires the courts to state on the record how they have considered the circumstances of Indigenous accused and accused from vulnerable overrepresented populations.
These groundbreaking amendments, receiving Royal Assent on January 4, 2024, signify a proactive approach by the Canadian government to address concerns surrounding public safety and justice. By placing more accountability on the courts, broadening the scope of reverse onus, and considering the circumstances of specific populations, the amendments strive to foster trust in the Canadian justice system. As these reforms take effect nationwide, they mark a pivotal moment in creating a safer and more equitable legal environment for all Canadians.
Please Note: The information provided here is for informational purposes only and should not be construed as legal advice. If you require legal guidance regarding a criminal law matter, we encourage you to contact Provident Law LLP directly for assistance.
