The reforms will be implemented on July 15
The Bail and Sentencing Reform Act (Bill C-14) has received Royal Assent, enshrining over 80 modifications to the Criminal Code’s bail and sentencing laws into law.
The amendments will be implemented on July 15. They strengthen bail and sentencing laws for repeat and violent offenders.
The federal government is also allocating $250,000 for each jurisdiction to finance the standardization of national bail data collection, reporting, and analysis.
Bail changes
New reverse onus rules in certain cases will complicate the process of securing bail for repeat and violent offenders. Police may also detained an accused individual for a bail hearing as needed to protect victims, witnesses, and the public.
Courts must consider whether allegations center on random or unprovoked violence and whether an accused party has numerous or serious outstanding charges. Moreover, courts must consider weapons bans in additional cases and scrutinize bail plans if a reverse onus is applicable.
Courts are also banned from naming a surety convicted of a serious criminal offence in the past decade unless there is no alternative option.
Sentencing changes
Consecutive sentences are required for those convicted of violent auto theft, break and enter, extortion, and arson. Judges are also mandated to consider consecutive sentences for repeat violent offenders.
Courts must also consider new aggravating factors in cases involving crimes against first responders and public transit workers, organized retail theft, and mischief and theft damaging essential infrastructure.
Those convicted of certain sexual assault and child sexual offences may no longer be placed under house arrest. Driving bans have been reinstituted for those convicted of manslaughter and criminal negligence causing bodily harm or death. Bill C-14 also enhances fine enforcement.
The amendments were informed by feedback and engagement with provinces, territories, law enforcement, mayors, victims’ advocates, and partners; they were supported by all premiers from Canada’s provinces and territories, mayors, and law enforcement who urged the bill’s quick passage.
“With over 80 targeted changes to the Criminal Code, bail will be harder to get for repeat and violent offenders, and sentencing laws will be tougher for serious crimes. But this is only one part of the work. We are strengthening the Criminal Code, supporting the front lines, and investing in long-term prevention,” said Sean Fraser, Canada’s justice minister and attorney general, in a statement.
Public safety minister Gary Anandasangaree added that the law would enhance community safety and trust in the justice system.
“We will work with partners to implement these reforms, backed by continued investments in law enforcement and initiatives such as the Gun and Gang Violence Action Fund - supporting enforcement, preventing crime, and reducing reoffending,” Anandasangaree said.
Amendments to the Youth Criminal Justice Act will be implemented subsequently by order in council.
