OTTAWA | After relaxing the rules in 2019, the Liberal government will next week unveil criminal code reforms that will include a return to harsher penalties and tougher release conditions.
The federal bill primarily targets “violent criminals” and people “accused of serious crimes such as violent vehicle theft, breaking and entering, human trafficking, violent assault and sexual assault.”
Tightening releases
Ottawa, in particular, wants to shift the burden of proof to those asking for bail: it will be up to their lawyers, not prosecutors, to prove they are no longer a threat to society.
According to criminal lawyer Julie Couture, this does not represent a big change as it will still be necessary to demonstrate to the court that the person will respect its conditions and appear in court.
“The idea is rather to make it clear that in such cases, release will no longer be automatic,” she explains in an interview.
Returning consecutive sentences
Consecutive sentencing, previously the preserve of Conservatives, will return in Canada, “so seven-year and five-year sentences could mean twelve years behind bars rather than just seven,” Prime Minister Mark Carney said at a news conference on Thursday.
These sentences were ruled unconstitutional by the Supreme Court in the 2022 trial of mass murderer Alexandre Bissonnette. His sentencing to a maximum term of 150 years in prison contravened the “cruel and unusual punishment” clause of the Canadian Charter of Rights and Freedoms.
Again, the proposed change is unclear since sequential sentences are already regularly distributed in many cases, explains M.e Couture.
Ottawa has not revealed fine details of its bill, which is being overseen by Justice Minister Sean Fraser.
… conservative proposal
At a press briefing, Mark Carney was asked if this was another departure from Trudeau-era progressivism.
The Prime Minister did not deny: “We must learn lessons, lessons on the ground, on the streets, in our communities,” he responded.
Conservatives say it's too late.
“Under the liberals, crime has increased dramatically throughout the country. After the failure of justice reform, the liberals are again trying to put toothpaste back in the tube,” said conservative Pierre Paul-Hus.
Chief Pierre Poilievre wants to completely replace Bill C-75, a sweeping reform of the Criminal Code that, among other things, established the “principle of moderation” to allow peace officers to release criminals under certain conditions.
The Liberals recently voted against a bill introduced by the Conservatives to this effect.
In addition, Minister Fraser's bill also proposes to hire 1,000 additional Royal Canadian Mounted Police officers and tighten the criteria for issuing suspended sentences for certain sexual offences.
