Bill C-48

An Act to amend the Criminal Code (bail reform)

This enactment amends the Criminal Code to, among other things,
(a) create a reverse onus provision for any person charged with a serious offence involving violence and the use of a weapon who has been convicted, within the last five years, of a serious offence involving violence and the use of a weapon;
(b) add certain firearms offences to the existing reverse onus provisions;
(c) expand the reverse onus provision for offences involving intimate partner violence to ensure that it applies to an accused person who has been previously discharged for such an offence;
(d) require the court to consider if an accused person has any previous convictions involving violence and to include in the record a statement that the safety and security of the community was considered; and
(e) require the court to include in the record a statement setting out how the court determined whether the accused is Aboriginal or belongs to a vulnerable population and, if so, how the particular circumstances of the accused were considered.
This enactment also makes further clarifications and provides for a parliamentary review of the provisions it enacts or amends to commence on the fifth anniversary of the day on which it receives royal assent, or as soon as feasible after that anniversary.

Criminal Code

[The Assistant Deputy Speaker, NDP, Carol Hughes]

There does not seem to be unanimous consent.

The hon. member for Kildonan—St. Paul has a point of order.

[Raquel Dancho, Conservative, Kildonan—St. Paul, MB]

Madam Speaker, this is just to confirm that the NDP denied unanimous consent to my—

[The Assistant Deputy Speaker, NDP, Carol Hughes]

That is not to confirm.

Resuming debate, the hon. member for Nepean.

[Chandra Arya, Liberal, Nepean, ON]

Madam Speaker, I will be sharing my time with the member for Vaughan—Woodbridge.

I would like to speak to the bail reform bill, Bill C-48, an act to amend the Criminal Code.

Canadians deserve to feel safe and be safe. We have a critical issue that affects the safety and well-being of our communities. It is the need to strengthen our bail laws and tailor them to focus on violent repeat offenders and intimate partner violence. It is an issue that strikes at the very heart of public safety and the preservation of justice. That is why we introduced the bill, which is a targeted reform to our bail laws and is designed to focus on violent repeat offenders, gun and knife violence and intimate partner violence.

Bail laws, at their core, exist to strike a delicate balance between individual rights and the collective safety of society. They ensure that individuals accused of crimes are not unjustly incarcerated before trial, upholding the cherished principle of “innocent until proven guilty”. However, this balance can be challenging to maintain, especially when dealing with violent repeat offenders and those accused of gun and knife violence or intimate partner violence.

We developed this bill by obtaining expert advice and adopted an evidence-based approach to put Canadians first and address public safety concerns in our bail system. We have a legitimate concern that violent offenders may pose a significant risk to the community if they are released from custody while awaiting trial.

Bill C-48 would strengthen the law by targeting repeat violent offenders who use weapons when committing crimes and those who have a history of violent offending and firearms-related crime. Violent repeat offenders are individuals who have shown a pattern of engaging in dangerous and harmful behaviours repeatedly. They pose a clear and present danger to our communities. Strengthening bail laws in those cases is not about denying their rights but about prioritizing public safety.

By focusing on comprehensive risk assessments that take into account an offender's history and propensity for violence, we can ensure that these dangerous individuals are held accountable for their actions, while respecting the rights of others. We also need a stricter approach to bail for violent offenders to act as a deterrent. This would discourage individuals from engaging in violent criminal behaviour in the first place, as they may be less likely to receive pretrial release. This bill would send a strong message that judges ought to seriously consider the public safety risk posed by repeat violent offenders at the bail stage, while ensuring that the fundamental charter right to bail remains intact.

Bill C-48 would also strengthen the government response against intimate partner violence offences by expanding the reverse onus on these offences. The harrowing reality is that countless individuals suffer in silence, trapped in abusive relationships. Strengthening bail laws to protect victims and potential victims of intimate partner violence is not just a legal obligation; it is a moral imperative. We must provide a safe path to justice for survivors, ensuring that those accused of such heinous acts are not released to perpetrate further harm.

The bill would create a new reverse onus for accused persons charged with a serious offence involving violence and the use of a weapon where the accused was previously convicted of an offence of the same criteria within the past five years. A reverse onus for bail presumes that the accused should be detained pending trial and requires them to demonstrate why they should be released. A reverse onus does not mean that an accused will not be able to obtain bail. It means that the onus of proof has shifted to the accused, reflecting our intent that it ought to be more difficult to obtain bail in these circumstances.

One of the provisions of this bill is new considerations and requirements for courts regarding an accused’s violent history and community safety. Bill C-48 would add a requirement that courts consider whether an accused person has a history of convictions involving violence when making a bail order. It would also require courts to state on the record that the safety and security of the community were considered when making a bail order.

Bail reform has long been the subject of federal, provincial and territorial collaboration because of shared jurisdiction over bail laws and their implementation. Bill C-48 responds directly to calls for reform from the provinces and territories. This bill is the product of collaboration with the provinces and territories. Hence, we have wide and unanimous support for this legislation from all provinces and territories.

The bill has benefited from input from mayors, police, parliamentarians, indigenous leadership and the legal community. Bill C-48 is part of our broader strategy to ensure the safety of all Canadians and is an example of what we can achieve when we work together.

Let me put on record the support this bill has received from key stakeholders.

The Premier of British Columbia said, “From the British Columbian perspective, this is a huge priority. We need this bill passed. This is something that has wide support, all-party support, all-premier support, and action needs to be taken.”

The Premier of Ontario, Doug Ford, said, “I'm urging the federal government to use this time to quickly pass their bail reform bill.”

The Canadian Association of Chiefs of Police stated:

We commend the federal government for acting on the urgency for legislative change and for recognizing that our...amendments were not calling for a complete overhaul of Canada's bail system....

We are convinced that the legislative changes put forth in Bill C-48 will go a long way to help eliminate the preventable harm and senseless tragedies attributable to violent and repeat offenders across Canada.

The president of the Canadian Police Association stated:

Front-line law enforcement personnel have been asking the government to take concrete steps to address the small number of repeat violent offenders who commit a disproportionate number of offences that put the safety of our communities at risk. We appreciate that [ministers] have worked collaboratively with stakeholders and introduced this common-sense legislation that responds to the concerns that our members have raised.

The Ontario Provincial Police Association stated:

Our members appreciate the virtually unprecedented consensus that formed calling for concrete action on bail reform, and we’re glad to see the government has responded with the introduction of Bill C-48. We look forward to working with all stakeholders and Parliamentarians to see this legislation pass quickly.

The president of the Toronto Police Association said:

Our members recognize that our Charter ensures we all benefit from a presumption of innocence, but for too long the current balance has put the rights of an accused well above the rights our communities have to public safety and security. Ensuring the public maintains its confidence in the administration of justice is paramount, and I believe the introduction of Bill C-48, and the clear message being sent by the government that public safety remains a top priority, will help victims of crime, as well as all Canadians know serious, repeat violent offenders can and will be held accountable for their actions.

I would like to end my speech by quoting Brian Sauvé, president of the National Police Federation, who said:

We see the federal government’s tabling of Bill C-48...as a good first step, but this cannot be the only solution. Provincial and territorial governments must now look at their own justice systems and make needed improvements. Our justice system is complex, with many interrelated challenges and flaws that cannot be addressed through legislation alone.

[Martin Shields, Conservative, Bow River, AB]

Madam Speaker, it has been asked of the Conservative Party a number of times today if we support this, yet when we had a motion to move this piece of legislation along very quickly, the NDP-Liberal coalition opposed it. I would like to know why.

[Chandra Arya, Liberal, Nepean, ON]

Madam Speaker, I have to disagree that the Liberals opposed the fast movement of this legislation. We do hope that the legislation will pass very quickly and become law as soon as possible.

[Randall Garrison, NDP, Esquimalt—Saanich—Sooke, BC]

Madam Speaker, I hope we will get some clarification on what happened earlier and perhaps a redo.

My question for the hon. member has to do with dealing with—

[Some hon. members]

Oh, oh!

[The Assistant Deputy Speaker, NDP, Carol Hughes]

Order. It is not time for other questions. The hon. member who has the floor for a question is posing the question, so I would ask members to wait.

The hon. member for Esquimalt—Saanich—Sooke.

[Randall Garrison, NDP, Esquimalt—Saanich—Sooke, BC]

Madam Speaker, my question to the hon. member is about how we deal with repeat offenders. One of the proposals in the bill is to make the option of community-based bail supervision available in all cases for the judge to select. That means that people could get bail who would otherwise end up in detention before trial. What we really need is the commitment of resources from the federal government to get that program under way, because it is far cheaper than detaining people and has much better outcomes, in terms of public safety.

Is the member prepared to commit the government to support community-based bail supervision?

[Chandra Arya, Liberal, Nepean, ON]

Madam Speaker, we have come to this stage after seeing how repeat violent offenders can get bail easily and recommit violent offences. The main purpose of this particular legislation is to strengthen our bail system so that repeat violent offenders do not get bail easily and that there is a reverse onus on them to prove that they should get bail.

[Pat Kelly, Conservative, Calgary Rocky Ridge, AB]

Madam Speaker, I listened to the member's speech, and he devoted quite a bit of it to referring to the requests from the various chiefs of police for this legislation and took credit for the government's doing what it has been asked by these chiefs. The reason the chiefs of police were asking for this legislation is the damage the government has done to the bail system and the emergence of a small number of chronic offenders who make up such a disproportionate number of arrests.

Will the member apologize for the government's failed approach that got us to this point?

[Chandra Arya, Liberal, Nepean, ON]

Madam Speaker, I would like to quote the president of the National Police Federation.

He said that this bill “cannot be the only solution. Provincial and territorial governments must now look at their own justice systems and make needed improvement. Our justice system is complex, with many interrelated challenges and flaws that cannot be addressed through legislation alone.”

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, can my colleague provide his thoughts in terms of how important it was for the federal government over the last number of months to work with the provincial stakeholders and law enforcement agencies to ensure that we have legislation that can get unanimous support, as it has gotten virtually from coast to coast to coast?

[Chandra Arya, Liberal, Nepean, ON]

Madam Speaker, this is something that we have achieved through collaborative work with the provinces, territories, police and other stakeholders, and this shows what we can achieve when we all work together. This is the best outcome, which has been done because of collaborative work.