Advocates are warning that Canada’s new bail reforms could disproportionately affect marginalized groups. The House of Commons recently approved senate amendments to Bill C-48, moving the federal government closer to implementing reforms aimed at keeping repeat violent offenders in custody. However, Emilie Coyle, the executive director of the Canadian Association of Elizabeth Fry Societies, believes these reforms will undermine efforts to combat systemic discrimination in the justice system, leading to the overincarceration of Indigenous women and other marginalized individuals.
One of the key concerns raised by Coyle is the expansion of reverse-onus provisions in Bill C-48. These provisions would require the accused, in certain cases, to demonstrate why they should be released on bail, rather than placing the burden of proof on prosecutors to argue why they should remain in custody. Coyle warns that such provisions could shift power in favor of the state, leaving individuals without sufficient means to defend themselves.
B.C. Attorney General Niki Sharma acknowledges these concerns and assures that the province is working to mitigate any negative impacts on marginalized communities, particularly Indigenous people. Measures such as an Indigenous justice strategy are being implemented to reduce the disproportionate effects.
Premier David Eby commends the federal government for finally addressing these concerns, citing previous high-profile cases that have eroded public confidence in the justice system. Eby has placed a strong emphasis on targeting violent repeat offenders, making this a priority issue for his administration.
Under the proposed reforms, reverse-onus provisions would be expanded to cover a broader range of offenses, including firearms and weapons offenses, as well as intimate partner violence. However, Coyle warns that victims of domestic violence could also be negatively impacted by these changes. Often, victims find themselves facing charges of intimate partner violence, and under Bill C-48, they may be incarcerated until they can prove their release is justified.
Coyle suggests that rather than relying on the criminalization and incarceration model, the government should invest more in social supports that address the underlying causes of criminal behavior. She also raises concerns about the capacity of provincial jails to accommodate an increase in the number of incarcerated individuals if these reforms are implemented.
BC Corrections currently operates 10 provincial correctional centers with a total of 2,379 cells, the majority of which have two beds. As of now, there are 1,888 people in provincial custody.
Advocates like Coyle stress the importance of reevaluating the criminal justice system’s approach to achieving public safety. They argue for a more holistic and compassionate approach that addresses the root causes of crime and supports marginalized communities.
In conclusion, while the bail reforms proposed in Canada’s Bill C-48 aim to tackle repeat violent offenses, advocates warn that they may disproportionately impact marginalized groups. Concerns revolve around the expansion of reverse-onus provisions and the potential negative consequences for victims of domestic violence. Discussions continue as government officials focus on striking the right balance between public safety, the rights of the accused, and the fair treatment of marginalized communities.
