(OTTAWA) Criminal lawyers fear that proposed Criminal Code bail amendments are unconstitutional, and they are eagerly awaiting the “Charter statement” that should explain why the federal Liberals believe their reform would not violate rights of the accused.
The reform proposed by the Liberal government would make it more difficult for certain violent repeat offenders to obtain bail while awaiting further proceedings.
Criminal lawyer Kyla Lee, of Vancouver, still believes that the proposed measures could violate the Canadian Charter of Rights and Freedoms, which guarantees the right of any accused “not to be deprived without just cause” of a release on bail.
Bill currently before Parliament would reverse the bail onus for those charged with serious violent offenses involving a weapon, in cases where that person had already been convicted of a similar violent offense within the previous five years.
Another criminal lawyer, Lawrence Greenspon of Ottawa, is concerned that the Liberals have yet to release their “Charter Statement”, in which a government must explain why its bill would comply with the Canadian Charter of Rights and freedoms.
Me Greenspon fears the federal government may have reacted impulsively to a very vocal minority alarmed by a recent wave of violent crime in Canada, including against police officers.
Justice Minister David Lametti’s office says a Charter statement will be tabled when the bill passes second reading in Parliament — it’s unclear when.
Bill C-48 was tabled in the Commons by Minister Lametti on May 16.