Controversial Canadian Bill Seeks to Make Bail Harder to Access, Raising Concerns in Legal Community
Canada’s legal community is sounding the alarm over a contentious bill that aims to restrict access to bail, raising concerns about the impact it could have on an already overloaded court system and those in need of legal aid. The Liberal bill, known as Bill C-48, is currently being studied and reviewed by senators, who will suggest amendments in the final phase of their examination.
The urgency surrounding the bill is emphasized by the fact that all provincial and territorial governments have pushed for these proposed measures. Federal Justice Minister Arif Virani has called on the Senate to pass the bill swiftly, while police leaders have expressed their support, citing the need for reforms in light of high-profile killings by repeat violent offenders who were released on bail.
However, civil society groups and legal advocates representing marginalized communities, particularly Black and Indigenous individuals, fear that the bill may exacerbate the overrepresentation of these groups in the criminal justice system, without actually improving community safety. The bill specifically targets offenders with violent criminal histories and comes as a response to pressure from premiers and the federal Conservatives.
One of the key provisions of the bill is the expansion of reverse onus measures, which would require accused individuals to argue why they should be released on bail while awaiting trial, rather than prosecutors having to demonstrate why they should be detained. The Liberal government aims to extend the reverse onus provisions to include more firearm offenses, such as breaking and entering to steal a firearm.
Opponents of the bill, including criminal lawyers, legal aid groups, and some senators, express concerns about the strain it may put on legal aid services and provincial court systems. These systems are already struggling to meet the timelines required by the Charter of Rights and Freedoms, and delays in cases could lead to their dismissal. They argue that the bill’s expansion of reverse onus provisions will have a disproportionate impact on individuals with lower incomes, especially Indigenous and Black individuals, who may struggle to mount a strong case for bail without the support of legal aid.
The Association of Legal Aid Plans of Canada warns that the proposed measures will increase the duration and complexity of bail hearings, further burdening defense and court resources and potentially worsening court backlogs. To mitigate these risks, especially for those who cannot afford legal representation, they emphasize the need for increased funding for legal aid services.
Niki Sharma, the attorney general of British Columbia, acknowledges the potential impact of the bill on legal aid programs, suggesting that further increases in funding for criminal legal aid are necessary. While the federal government has increased funding for legal aid, it remains up to the provinces to administer these programs.
In response, a spokesperson for Justice Minister Virani states that the minister will emphasize the importance of collaboration between the federal and provincial governments to ensure stable and predictable funding for legal aid. The statement acknowledges the federal government’s efforts to offset funding cuts made by certain provinces.
As the study of Bill C-48 continues, it is clear that stakeholders have differing views on its potential impacts. While there is support from provincial governments and law enforcement, concerns have been raised regarding the strain on the court system and access to justice, particularly for marginalized individuals. The debate surrounding the bill will undoubtedly continue as senators examine the legislation in detail and suggest possible amendments.
