(Ottawa) A defendant accused again of a violent crime with a weapon 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.
He proposes to amend the Criminal Code to reverse the burden of proof for repeat offenders charged with a violent crime in which a weapon was used, provided that they have been convicted of a similar offense within last five 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.
The bill adds firearm-related offenses where this reverse onus would apply when applying for bail, such as unlawful possession of a loaded prohibited or restricted firearm, breaking and entering to steal a firearm, robbery aiming a firearm and making an automatic weapon.
It also expands the reverse onus that already applies in domestic violence cases to apply to people previously acquitted of a similar crime who are seeking bail pending trial.
More details to come.