The Liberal government tabled legislation Thursday morning that would make it harder to get bail for a variety of offences, including vehicle thefts, extortion and breaking and entering.
The bill would impose a reverse onus on bail for certain offences. That would move the burden of proof from the prosecutor to the accused, meaning they would have to justify being granted bail.
The Criminal Code already has a reverse onus for bail in place for many serious offences, including murder.
The legislation says judges would be required to impose weapons bans on people charged with extortion or offences related to organized crime when they do receive bail.
The bill also would allow for consecutive sentences for violent and repeat offenders, so that multiple sentences could not be served at the same time. Crimes subject to consecutive sentences would include vehicle theft, break and enter, extortion and arson.
The Supreme Court has ruled that imposing consecutive life sentences is unconstitutional, but a government official briefing reporters on background said none of the offences eligible for consecutive sentences under the legislation come with that penalty.
The legislation would require that judges consider the number and gravity of outstanding charges facing an accused before deciding whether pretrial detention is necessary.
It also would establish new aggravating factors for sentencing for repeat violent offences, offences against first responders, retail theft and mischief to property.
The bill includes new restrictions on granting conditional sentences, or house arrest, for sexual assault and sex crimes involving a minor.
The legislation proposes changes to the Youth Criminal Justice Act that would allow police to publish identifying information about a person under the age of 18 when there is an imminent danger to public safety.
Police currently are able to publish this kind of information only with a court order. The proposed change is meant to speed up the process of sharing information when there is a public safety risk.
The bill also would clarify the definition of "violent offence" in the Youth Criminal Justice Act to include any offence where a minor causes bodily harm.
Premiers, opposition parties and police agencies have been calling on the government to impose tougher bail laws in response to an increase in vehicle thefts, extortion, organized retail theft and other violent crimes in recent years.
Officials briefing reporters said that a Charter of Rights statement has been ordered for this legislation to determine whether it could stand up to a court challenge.
Officials said that judges' ability to consider Gladue factors — which examine the effects of racism and poverty on an Indigenous person accused of an offence — will not be affected by this legislation.
Picture Courtesy: THE CANADIAN PRESS/Spencer Colby
