1. Opening Remarks

Canada’s Bail System

House of Commons Standing Committee on Justice and Human Rights

Minister of Justice

March 6, 2023

Mr. Chair,

I appreciate the opportunity to speak about the topic of bail and possible reform in Canada. I know that it is an important topic that concerns Canadians. It is certainly a priority for my government to ensure that the laws are effective and fair and protect Canadians, while upholding the Charter.

First, I would like to express my condolences to the families of Constable Greg Pierzchala and Michael Finlay. And to Katie Nguyen Ngo and all victims of the disturbing incidents of violence across the country we have seen in recent months. Each of these incidents has been a personal tragedy and a blow to our communities.

I am pleased to see this committee undertaking a review of all aspects of bail in Canada. Canadians deserve to be and to feel safe. We all have a role to play in protecting our communities. I believe our bail system is strong and sound, but we are always open to suggestions for improvements, both in terms of law reform and ways in which we might better support the administration of justice and our police officers. The provinces have a key role to play on this issue. We have already seen British Columbia step up and I am encouraged to see that Ontario and Manitoba are also taking steps to improve their systems.

I am looking forward to meeting with Minister Mendicino and our provincial and territorial counterparts this Friday to discuss bail reform, and how we can all work together, collaboratively, to make Canadians feel safe. I plan to present what we are considering at the federal level, and hope to hear from my counterparts what they intend to do in their space.

In terms of the federal role, I want to reassure Canadians and emphasize that the law already tells us that if a person poses a significant threat to public safety, they should not be released on bail.

There are no quick or easy solutions. That is why, at my direction, we began working on this issue months ago – in collaboration with our provincial and territorial counterparts – to find solutions that will ensure the long-term safety of our communities.

I think it is important to note that there is a data gap that risks clouding the issue. On the one hand, we have heard the Opposition cite data that crime is up, particularly from people released on bail. On the other hand, data from the Toronto Police shows that, between 2019 and 2021, there was a decrease both in the percentage of individuals granted bail and in the number of people re-arrested while on bail.

As our government continues to look for ways to improve public safety and the efficiency of our justice system, I feel it is my duty to correct the misinformation circulating about the former Bill C-75.

Bill C-75 was the result of a long and close collaboration with the provinces and territories. The legislation codified bail principles as articulated in binding decisions of the Supreme Court of Canada. I would like to reiterate that Bill C-75 did not fundamentally change the bail regime. It did not change the criteria under which an accused may be released by the court, and it did not affect the basic rules of the regime.

On the contrary, C-75 made it more difficult to obtain bail for certain offences, such as intimate partner violence, by reversing the burden of proof.

It is simply not true that the recent tragic incidents we have seen in Canada can be attributed to Bill C-75. This is a much more complex issue than one piece of legislation, and it is overly simplistic to suggest otherwise.

Our government continues to reflect and work on the system in a serious and collaborative manner to find solutions that will protect the members of our communities.

One of the measures we are contemplating, which aligns with the request in the letter from the Premiers, is to establish a reverse onus for additional offences. A “reverse onus” means that the accused will be denied bail unless they can prove to the court that their release would not pose a significant risk to public safety or undermine the public’s confidence.

This work is already well underway.

I also want to note that there is already a “reverse onus” on a number of firearms offences, including where an accused who is subject to a weapons prohibition is charged with a firearms offence. However, it is worth carefully considering whether circumstances in which we impose a reverse onus should be expanded. I look forward to discussing this further with the provinces and territories later this week.

We have also heard calls from law enforcement for reform. I was pleased to meet with Chiefs of Police from across the country in February and I am grateful for their recommendations based on their frontline experience. Work is underway to develop legislative and non-legislative options to address the particular challenges of repeat violent offenders. I will also be raising these ideas with my colleagues Friday.

We also know that legislative reform alone will not fully address this issue.

Police must have the necessary resources to monitor individuals on bail and arrest those who violate their bail conditions.

We have already provided significant funding and we are open to increasing it where needed.

There is also a need for mental health support and care, as well as treatment for addiction. We need a social safety net. The previous government cut social programs and now we are seeing the all-too-real and serious consequences.

For our part, as a government, we have made unprecedented investments in mental health, including $5 billion to the provinces and territories to increase access to care.

I commend our partners in BC for the action they took on bail in November as part of their Safe Communities Action Plan. And Manitoba for funding new prosecutors to focus on serious firearms offences and violent crime. I encourage all provinces to use the many existing tools at their disposal to ensure bail laws are applied safely, fairly and effectively.

I have already connected with a number of my counterparts on this issue, as well as with leadership from National Indigenous Organizations. I look forward to our continued discussions and collaboration.

Addressing the particular challenges posed by repeat, violent offenders requires a comprehensive approach that crosses jurisdictions and levels of government. We will be acting at the federal level and I hope that my provincial and territorial counterparts will do the same.

The only way to solve this problem is by working together.

I am hopeful that, together, we can build on the months of joint work by federal and provincial officials and agree on a comprehensive path forward.

We know that there are no easy solutions to such a complex issue. We strongly believe in protecting Canadians.

At the same time, we must ensure that any measures taken will not exacerbate the overrepresentation of Indigenous peoples, Black and racialized Canadians in our jails. We must not further marginalize vulnerable people, including those struggling with mental health issues and addiction.

It is a delicate balance, but one that the Government is committed to getting right.

Thank you.