Bill C-48; Is this bill helping our community or hurting it?

BY SIMONE J. SMITH

On May 16^th, 2023, the Government of Canada introduced Bill C-48 that proposes changes to the Criminal Code’s bail provisions to promote community safety and reinforce public confidence in the administration of justice.

Bill C-48 would make targeted changes to the Criminal Code’s bail regime to address serious repeat violent offending with firearms, knives, bear spray and other weapons. Bill C-48 also proposes changes at the bail stage to address the enhanced risks posed by intimate partner violence (IPV). The proposed changes seek to improve the safety of people and communities across Canada.

What are the proposed reforms to the bail system?

The Bill proposes a number of changes to help address the challenges posed at the bail stage by repeat violent offending with weapons, including for offences involving firearms, knives, and bear spray.

These proposed changes would amend the bail provisions of the Criminal Code to:

• Create a new reverse onus to target serious repeat violent offending involving weapons
• Expand the list of firearms offences that trigger a reverse onus
• Broaden the reverse onus targeting repeat offenders of intimate partner violence (IPV)
• Clarify the meaning of the terms “prohibition order” in an existing reverse onus for offences involving weapons
• Require courts to consider an accused person’s history of convictions for violence, and community safety and security concerns, when making a bail decision

Creating a new reverse onus to target serious repeat violent offending involving weapons.

This Bill would add a reverse onus for an accused person charged with a serious offence (an offence with a maximum penalty of at least 10 years imprisonment) involving violence (used, threatened or attempted) and the use of a weapon, where that accused was previously convicted (within the previous five years) of an offence with the same criteria.

Expanding the list of firearms offences that trigger a reverse onus.

This Bill would add a number of firearms offences to an existing reverse onus for bail, specifically:

• Unlawful possession of a loaded (or easily loaded) prohibited or restricted firearm (section 95)
• Breaking and entering to steal a firearm (section 98)
• Robbery to steal a firearm (section 98.1);
• Making an automatic firearm (section 102)

Broadening the reverse onus targeting repeat offenders of intimate partner violence.

This Bill would expand the current reverse onus provision, added by former Bill C-75, which applies to anyone charged with an offence involving IPV under the Criminal Code, and who has a past conviction for such an offence, to apply to accused persons who were previously convicted as well as those who previously received a discharge for an IPV related offence for which they had been found guilty.

What is a reverse onus?

A reverse onus is a legal provision that requires an accused person to prove or disprove something, such as an element of an offence or a defense.

Why are reverse onuses a problem?

Under the Charter, everyone has the right to be presumed innocent until proven guilty beyond a reasonable doubt. Normally, the prosecution bears the burden of proving all aspects of the crime beyond a reasonable doubt, including the inapplicability of any defenses that are raised.

When a reverse onus applies, the accused must prove the relevant element on what is called a “balance of probabilities.” This may result in cases where an accused might nevertheless be convicted even though there is a reasonable doubt as to their guilt.

This is a serious problem, and Shakir Rahim, Director of Criminal Justice for the Canadian Civil Liberties Association (CCLA), reacted to Government of Canada’s introduction of Bill C-48.

“The federal government’s introduction of Bill C-48 will not make the public safer.

Every person in Canada has a constitutional right under the Canadian Charter of Rights and Freedoms to not be denied liberty or reasonable bail without just cause.

The crime rate in Canada has been going down significantly – but the number of people denied bail has gone up 400%.

Bail is not being handed out like candy.

Over two-thirds of people held in provincial and territorial jails are not convicted of a crime.

We believe that every person in Canada deserves to feel safe in their community, but this bill will not accomplish that.

It is possible to protect the right to reasonable bail and ensure public safety. The federal government can and must do better than Bill C-48.”

As a community, this directly affects us; what are your thoughts? Is this bill helping our society or hurting it?