Canada's new government has introduced sweeping reforms to make bail laws stricter and sentencing laws tougher for repeat and violent offending, to support the front lines, and to invest in long-term prevention.
Today, the Honourable Sean Fraser, Minister of Justice and Attorney General of Canada, together with the Honourable Ruby Sahota, Secretary of State for Combatting Crime, highlighted the newly introduced Bail and Sentencing Reform Act. The sweeping reforms are detailed in over 80 clauses of targeted changes to the bail and sentencing framework, informed by extensive consultations. Notably, these reforms would help address auto theft and organized crime in our communities.
Cracking down on auto theft
The legislation proposes to make bail laws stricter for cases of auto theft. It would create new reverse onuses for violent and organized crime-related auto theft, break and enter of a home, and trafficking in persons, among other offences, meaning that the offenders would need to prove why they should obtain bail.
The proposed reforms would also toughen sentencing laws for repeat and violent crime, including car theft and extortion, meaning those found guilty could spend more time in prison. Proposed amendments would require consecutive sentences for violent auto theft and break and enter, and extortion and arson. It would also allow consecutive sentences for repeat violent offending. This means serving one sentence after another instead of serving sentences for multiple offences at the same time.
Tougher sentences for organized crime
With these proposed amendments, bail would be more difficult to get, especially in cases of organized crime and repeat offenders, home invasion, human trafficking, assault involving strangulation, and extortion involving violence. Changes would make clear that in reverse onus cases, courts must closely scrutinize the bail plan of the accused, who would be required to clearly demonstrate that their plan is reliable and credible, in order to be released on bail.
For sentencing, the bill would add aggravating factors to allow for increased sentences for organized retail theft and offences interfering with essential infrastructures, such as copper theft. In addition, for any organized crime-related offence, courts would be required to consider a sentence that reflects society's disapproval of the crime and that deters the offender and others from committing the offence.
These changes to the Criminal Code by the federal government will only be effective if provincial and territorial governments do their part in supporting their implementation. This includes properly managing and resourcing the administration of justice, including police and Crown attorneys under their jurisdiction, bail courts, bail supervision programs, provincial courts, jails and victim services. The federal government looks forward to continuing to work with provincial and territorial governments to ensure the proper functioning of the criminal justice system.
A strong Canada means strong protections for our communities and a Criminal Code that responds to emerging threats, protects victims of crime, and keeps our kids safe. This is the latest in a series of reforms to strengthen community safety and Canada's justice system. In the coming months, the Government of Canada will bring forward further changes to address court delays, strengthen victims' rights, better protect people facing sexual and intimate partner violence, and keep children safe from horrific crimes.
