8. Technical Briefing Deck

• Table of Contents

Bill C-48, An Act to amend the Criminal Code (bail reform)

May 16, 2023

Purpose and Objective

• To strengthen the bail system’s response to repeat violent offending, including in cases involving firearms and other weapons including knives and bear spray.
• To enhance public safety and public confidence in the criminal justice system.
• To affirm core principles that apply at the bail stage of criminal proceedings.

Context

• Tragic events across Canada in recent months have raised concerns about the bail system.
• The government has heard calls for reform from provincial and territorial governments, law enforcement, and Canadians across the country, to better address repeat violent offending and offending with firearms and other dangerous weapons such as knives and bear spray.

Development of Bill

• Since October 2022 Federal-Provincial-Territorial (FPT) meeting of Ministers of Justice and Public Safety, significant FPT cooperation and collaboration on bail, including a special FPT Ministers meeting on March 10, 2023.
• FPT agreement that legislative and non-legislative measures, at federal and provincial level, needed for the bail system to function well and keep communities safe.
• The proposed reforms deliver on the federal Justice Minister’s commitment to urgently advance Criminal Code reforms.

Overview of Bill

The following changes to the Criminal Code are proposed:

1. Create a new reverse onus for serious repeat violent offending involving weapons;
2. Add certain firearms offences to the provisions that trigger a reverse onus;
3. Expand the current intimate partner violence (IPV) reverse onus;
4. Clarify the meaning of prohibition order for the purpose of an existing reverse onus; and,
5. New considerations and requirements for courts on an accused’s violent history and community safety.

1. New reverse onus for repeat violent offending involving weapons
   • 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 5 years.
   • Both offences (current charge and past conviction) must be punishable by 10 years imprisonment or more.
2. Add certain firearms offences that would trigger a reverse onus
   • Expand the existing reverse onus for firearm offences to include other indictable offences:
     • 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); and,
     • making an automatic firearm (section 102).
3. Expand the current Intimate Partner Violence reverse onus
   • A reverse onus currently applies for those previously convicted of an offence involving intimate partner violence (IPV) as added in former Bill C-75 (2019).
   • This would be expanded to also apply to accused persons previously discharged of an offence involving IPV.
4. Clarify the meaning of prohibition order
   • A reverse onus at bail currently applies for those charged with offences involving firearms or other weapons where they are subject to a weapons prohibition order.
   • The Bill would make clear that a prohibition order includes a court’s release order for bail that imposed conditions prohibiting an accused from being in possession of firearms and other weapons.
5. New considerations and requirements
   • Add a requirement that courts consider whether an accused person has a history of convictions involving violence when making a bail order.
   • Require courts to state on the record that the safety and security of the community was considered when making a bail order.

Preamble and Parliamentary review

• A preamble, to outline core bail principles and to help ensure consistent implementation; and,
• A five year Parliamentary review of the changes, to evaluate the impacts of the reforms.

• Table of Contents