The Government of Canada has taken action against the rise in crime by introducing sweeping reforms that would make bail laws stricter and sentencing laws tougher by targeting extortions and sexual offences.
Today, the Honourable Sean Fraser, Minister of Justice and Attorney General of Canada, was joined by the Honourable David Eby, Premier of British Columbia, and the Honourable Niki Sharma, Attorney General and Deputy Premier to highlight how these federal reforms reflect strong collaboration with British Columbia. The newly introduced Bail and Sentencing Reform Act would address the rise in extortions and enact provisions to end house arrest for many sexual offences. The sweeping reforms, which include over 80 clauses, also propose significant reforms to the bail and sentencing framework. They were informed by extensive consultations thanks in part to the Government of British Columbia.
Stricter bail laws, like reverse onus for cases involving sexual assault
With these proposed amendments, bail would be harder to obtain for those accused of some sexual offences. The bill adds a new reverse onus for assaults or sexual assaults in which the accused is alleged to have choked, suffocated, or strangled the complainant. A new amendment would also make it clear that a reverse onus applies where a Crown prosecutor seeks to have an offender detained in custody after conviction and until sentencing, including in cases where detention is needed to protect the public or prevent further offences. In such cases, it would be up to an offender to demonstrate why they should be released. Recent tragedies in British Columbia have shown how quickly intimate partner violence can turn deadly when high-risk offenders remain free after conviction; these reforms would help close that gap. This change will be important in cases involving repeat offenders of serious crimes and certain intimate partner violence offences. The Act would also end house arrest for certain sexual assaults and child sexual offences.
Cracking down on extortion
The proposed reforms would crack down on extortion in two ways - by making bail harder to get, and by toughening sentences for offences involving extortion. The Act proposes to create new reverse onuses for violent and organized crime-related auto theft, break and enter of a home, trafficking in persons and extortion involving violence, among other offences, meaning that the offenders would need to prove why they should be released. Proposed amendments would also require consecutive sentences for extortion and arson. This means serving one sentence after another instead of serving sentences for multiple offences at the same time.
These changes to the Criminal Code will only be effective if provincial and territorial governments work together with the federal government to support implementation. This includes properly managing and resourcing the administration of justice, including police and prosecution services, bail courts, bail supervision programs, provincial courts, jails, victim services, and data collection. British Columbia has taken important steps in these areas, and 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.
