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New Canada Bill makes bail laws stricter, toughens sentencing

The proposals come weeks after a similar Bill, “Jail not Bail”, was rejected by the House.

Representative Image / File Photo

Bowing to unabated criticism from the Opposition for lax bail laws and the massive increase in crime by repeat offenders, the Liberal government of Mark Carney has introduced sweeping reforms to make bail laws stricter, as well as toughening sentencing laws.

On Oct.23, the government presented the Bail and Sentencing Reform Act to the House of Commons, with 80 clauses that propose targeted changes to bail and sentencing laws, following extensive consultations.

The proposals come weeks after a similar Bill, “Jail not Bail”, was rejected by the House.

Ever since the new House began its sitting, the deterioration in the law and order situation, especially a multiple increase in extortions, crime against children and women, auto thefts, and home invasions, has been the subject of animated discussions.

While the national police-reported crime rate decreased between 1998 and 2014 (-37%), it has started an upward trend (+12%) between 2014 and 2024.

Since 2014, police-reported crime rates have increased, particularly for homicide, sexual assault, extortion, child sexual offending, violent firearm offences, and various other property crimes. Canada’s Violent Crime Severity Index was 41% higher in 2024 than it was in 2014.

The impression now is that those released from custody are more likely to reoffend as compared to those who were subject to some form of community supervision.

Sean Fraser, Minister of Justice and Attorney General of Canada, said before introducing the Bill, “We’re proposing over 80 clauses of targeted changes that will make bail harder to get while also toughening sentencing laws for repeat and violent offenders. We are supporting police on the front lines and investing in long-term prevention, such as housing, mental health, and youth programs, to make communities safer over time. In the coming months, we will also bring forward additional measures to better protect people facing sexual and intimate partner violence, and to keep children safe from horrific crimes.”

The proposed Bill creates new reverse onuses, meaning the starting point is detention and the accused would have to prove why they should be released on bail.

The proposed amendments direct police not to release an accused when it is against the public interest or when detention is needed to protect victims or witnesses.

They would also toughen sentencing laws for repeat and violent crime, including car theft and extortion, meaning those found guilty can spend more time in prison. Proposed amendments would require consecutive sentences for violent auto theft and break, extortion, and arson, and allow them for repeat violent offending.

New aggravating factors would apply to crimes against first responders, retail theft, and theft or mischief that harms essential infrastructure. The Act would also end house arrest for certain sexual assault and child sexual offences, restore driving prohibitions for criminal negligence causing bodily harm and death, and manslaughter, and strengthen fine enforcement.

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