(Ottawa) A defendant charged again with a violent weapon crime will have to demonstrate to the court that he does not pose a risk to society in order to be released pending trial. Justice Minister David Lametti introduced Bill C-48 on Tuesday in response to pressure from provinces and territories. But these changes are likely to have little impact, according to an association of defense lawyers.
What there is to know
- Constable Grzegorz Pierzchala of the Ontario Provincial Police was killed on December 27, 2022.
- Two people are charged with premeditated murder, including Randall McKenzie, a young man who was out on bail at the time.
- In the wake of this affair, the premiers of the provinces and territories are pressuring the federal government to reform the bail system and target violent repeat offenders.
“This is an important step forward for the safety of Quebecers,” reacted the Minister of Public Security of Quebec, François Bonnardel.
Bill C-48 “responds directly to the concerns of the provinces,” underlined the federal Minister of Intergovernmental Affairs, Dominic LeBlanc, at a press conference. The Liberals sent four ministers and two MPs to make this announcement.
The 13 provincial and territorial premiers had called for bail reform weeks after the December murder of Ontario Provincial Police officer Grzegorz Pierzchala. One of the defendants in this case, Randall McKenzie, had been released pending trial and was the subject of an arrest warrant for breach of conditions. The Association of Quebec Police Directors made a similar request last week.
We hope we have struck a balance so as not to overburden the bail system or disproportionately impact groups that are already overrepresented in the broader criminal justice system.
David Lametti, Minister of Justice of Canada
His colleagues Marco Mendicino in Public Safety and Carolyn Bennett in Mental Health and Addictions insisted on prevention measures, recalling the 390 million announced last week to combat gun violence or efforts for mental health care. .
The government proposes in Bill C-48 to amend the Criminal Code to reverse the burden of proof for repeat offenders charged with a violent and armed crime, provided they have been convicted of a similar offense within the last five last years. The current offense and the past offense must both be punishable by imprisonment for at least 10 years.
The Department of Justice was not in a position to say how many repeat offenders would thus swell the prison population in the country since these new provisions would be applied on a case-by-case basis, at the discretion of judges.
However, this measure is likely to have little impact, since judges already take this type of criteria into account before granting bail, according to the president of the Montreal-Laval Defense Lawyers Association. -Longueuil, Elizabeth Menard.
“Any judge will look to see if the gentleman has a criminal record, if it’s an isolated act, if there are firearms, if there are weapons that have been used,” he said. she listed.
Judges must also consider the constitutional rights of an accused since the Canadian Charter of Rights and Freedoms guarantees to any accused the right “not to be deprived, without just cause, of release accompanied by reasonable bail”.
The objective of Bill C-48 is to send “a clear message to society,” defended Mr. Lametti. “We also have to think about the signal that we are sending to judges, to the Crowns, to lawyers across Canada and to society in general that we want these questions, these analyzes to be addressed each time a judge makes a decision on bail. »
“As soon as arrested, immediately released”
This new approach by the Liberals will not solve the problem, argues Conservative Party leader Pierre Poilievre, who attributes to them “an unprecedented crime wave in the country” because of another piece of legislation – C-75, on betting. released on bail – considered too permissive.
“I have a common sense plan,” he said. It is to put in place a guarantee that a violent and repeat offender who is re-charged with violence remains in prison until the trial is complete and if he is found guilty, until he served his entire prison term. »
However, the reform of the bail system is welcomed by both the Bloc Québécois and the New Democratic Party.
The transfer of the burden of proof is “a step in the right direction”, according to Bloc leader Yves-François Blanchet.
“These are measures that will work, in my opinion, reacted the New Democrat leader, Jagmeet Singh, adding that “it is not the only tool”. The government should address mental health and addictions issues that can fuel violence. »
Bill C-48 also provides for the addition of firearms offenses for the reversal of the burden of proof and also expands it in cases of domestic violence.