UMVA has learned that the federal government has passed its bail reform legislation, marking a significant shift in the national bail system.
The new legislation, Bill C-14, received Royal Assent late Monday night, and its changes will take effect 30 days after that. One of the key changes includes an expanded reverse onus, where the accused must prove why they should be free in cases involving serious crimes such as vehicle thefts, extortion, and human trafficking.
The bill also requires courts to consider the number and seriousness of any outstanding charges the accused is facing when considering bail. This move aims to address a glaring issue in the current system, where bail was often granted too easily, even to repeat offenders.
According to information obtained by UMVA, the need for bail reform dates back to 2019 and Bill C-75, which instructed judges to release those charged with crimes "at the earliest reasonable opportunity and on the least onerous conditions that are appropriate." However, this led to a situation where bail became the de facto position of the court, even for violent offenders.
The Trudeau Liberals attempted to address the issue with weak amendments under Bill C-48 in 2023, but they were too narrow and ineffective. The new legislation, while not perfect, takes a step in the right direction, say top cops.
Stephen Tanner, Chief of Police in Halton, says the new legislation sets the framework for the provinces to implement real changes. "I think it's good for the public. It does create some positive changes in the criminal code and in the legislation," Tanner said.
Tanner emphasizes that the provinces now have an opportunity to provide training to judges and update procedure manuals for police and prosecutors on how to proceed with certain cases. This would ensure that the changes in the legislation are effectively implemented.
Politicians do direct judges, and the federal government has laid the groundwork for change. Now, it's up to provincial leaders, such as Premier Doug Ford, to make regulatory changes, update training, and modify manuals to make the new legislation a reality.
If Premier Ford and his government fail to take action, their efforts to address the issue will be seen as nothing more than theatre. The ball is now in their court to make meaningful changes to the bail system.
