Mr. Speaker, today we are debating Bill C-14, which was introduced by the Minister of Justice last week. When he introduced the bill, he said it was important to get rid of the “get out of jail free” card. That is really what I want to focus on, even though there are a lot of other things in this rather dense bill with 80 clauses. Among other things, the bill proposes to amend the provisions on interim release.
According to the Minister of Justice, under the current system, an accused person just has to pull out a “get out of jail free” card, like in Monopoly, and they will be released. For the people listening to us, let me start by defining interim release. What is interim release? It is when a person is charged with a crime that is serious enough for the police to take them into custody. That person will have to appear before a judge within 24 hours. Even if the accused has not yet been found guilty, there is a possibility that that individual may remain in prison until their trial. The cardinal principle behind all this is the presumption of innocence.
Section 11 of the Canadian Charter of Rights and Freedoms states:
Any person charged with an offence has the right
...
(d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;
That is a key principle of our criminal law. A person is presumed innocent until proven guilty. This principle implies that, if a person is arrested, they are presumed innocent until a court of law finds them guilty. What follows from the presumption of innocence is the principle of restraint. According to this principle, the decision-maker “shall give primary consideration to the release of the accused at the earliest reasonable opportunity and on the least onerous conditions that are appropriate in the circumstances”. That is because the person has not yet been found guilty.
Does that mean that our system permits someone who is arrested to simply pull our their card to get released? No, that is not the case at all. Very specific Criminal Code provisions allow for pre-trial detention in certain cases. Sometimes, it can take months before a trial is held. In some cases, a person may be held in custody while still presumed innocent, because the necessity to protect the safety of the public takes precedence over the presumption of innocence, as set out in subsection 515(10) of the Criminal Code.
Here is how it works. Generally, if the Crown prosecutor does not want an accused person to be released, there will be a bail hearing. The accused, their lawyer and the Crown prosecutor will appear before the judge. Normally, the burden is on the Crown if it wants the accused to remain in custody.
What tools do Crown prosecutors have, as outlined in the Criminal Code? There are actually quite a few. The Crown prosecutor may request that an accused remain in custody on the following grounds:
(a) where the detention is necessary to ensure his or her attendance in court in order to be dealt with according to law;
If the person has failed to appear in court in the past, or if the person already had a plan to escape, these arguments can be made and the person can be detained. Here is another argument that Crown prosecutors can make right now:
(b) where the detention is necessary for the protection or safety of the public
It is already written in black and white. The Crown prosecutor may refer to the protection of victims, witnesses to the offence, or children under the age of 18. He or she may explain the circumstances that make it necessary to detain the person, even if they are presumed innocent, even if it will take months, because the public must be protected. The Criminal Code provides the following clarification:
including any substantial likelihood that the accused will, if released from custody, commit a criminal offence or interfere with the administration of justice;
That alone is already a very useful tool for Crown prosecutors. Here is another argument that can be made:
(c) if the detention is necessary to maintain confidence in the administration of justice
This makes it possible to argue the seriousness of the offence.
That is the current system. That is how things are done in courts across the country right now. My question for the government is, what is wrong with this system? Where is the problem? What is not working? What is missing? We ask these questions and we are not really getting any answers. We have asked government representatives these questions to find out whether they had any facts to prove that the system is not working and the answer is no.
What we do know is that people do not feel safe, and this feeling is legitimate. It must be addressed. People need reassurance. Is there any evidence that our system gives people a “get out of jail free” card? There is no data on this.
When I ask my colleagues questions, they base their answers on cases in their riding or some other riding. Every one of these cases is heartbreaking. Nevertheless, if an individual is charged and released, it is because the judge was of the opinion that there was no likelihood of another crime being committed, no worries about that individual being released. If the individual is released and commits another crime, and members of Parliament point to such an incident here and another there to prove that something must be done, what that basically means is that, logically, as soon as someone is charged, they should be kept in prison. We would have to keep everyone in prison.
There will always be one, two or even fourteen people who will be released and commit new crimes. If we want that number to be zero, it would mean keeping people in prison as soon as they are charged. Where does that leave the presumption of innocence? Basically, they are proposing that we undermine that principle, even without evidence. I find that quite worrying.
I was curious about how things work in practice. I worked for 10 years as a legal aid lawyer. I practised criminal law off and on, but not often. I wrote to one of my colleagues, Hugo Caissy, who has been practising criminal law for about 20 years and is an excellent lawyer. I asked him what he thinks about this bill. He wrote me this:
In reality, the claim that violent criminals are easily released is false. The opposite is true. Release for these defendants is far from guaranteed. Judges consider the accused's history, particularly when it involves crimes against the person and breaches of conditions (probation, undertakings and promises). Moreover, in the case of a breach of promise or undertaking, the burden of proof is already reversed.
...While not perfect, the current system has the necessary flexibility to detain those who need to be detained and release those who can be released with minimal risk.
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The system could be improved, but not at the expense of individual liberties.
I thought his last point was well said.
Perhaps someone will point out that Mr. Caissy is a criminal defence lawyer. However, the criminal law section of the Canadian Bar Association, which is made up not only of defence lawyers, but also Crown prosecutors, has written an open letter about Bill C‑14. The letter states:
...reverse onus provisions and modifications to the ladder principle may not achieve their intended deterrent effect, and we question whether such provisions would be Charter compliant...[especially given the] disproportionate effect on Indigenous accused and [other racialized accused]....
We have testimony from lawyers who work in the courts. We looked at the Criminal Code. Tools do exist. We have no data from the government, apart from a few impressions. However, there are some statistics. What the statistics show is that, first of all, it is harder now to obtain interim release than in the past, and it is harder here than it is in Great Britain. In 1980, 75% of accused persons were released. In 2025, only 25% of accused persons manage to be released. In Canada, 70% of people in provincial and territorial jails are awaiting trial, compared to only 20% in Great Britain. Statistics show that it is harder to be released on bail than in the past, and it is harder here than some other places.
The Bloc Québécois therefore supports the principle of studying this bill. That is why we agree that it should be studied in committee. We believe that we must be vigilant because there is the risk of putting innocent people in prison. What we are proposing is a rational approach. The problem must be documented. It is a sensitive issue, because every single case is one case too many. I have met victims of crime and I am aware of how devastating it can be. However, when we legislate, we must still take a comprehensive and rational approach, so let us document the problem properly and then find appropriate solutions.