SENTENCING & BAIL REFORM REFORMS IN CANADIAN LAW
Stricter bail laws
Bail laws are now stricter for violent and organized crime, home invasion, car theft, and human trafficking. More specifically, the changes:
make bail harder to get for those accused of repeat and violent offending by creating new reverse onus rules in certain cases, meaning the accused must show why they should be released
direct police to detain an accused for a bail hearing when it is necessary to protect the public, including victims and witnesses
require courts to consider more factors at bail hearings, including whether the allegations involve violence that was random or unprovoked
require courts to consider whether the accused has numerous or serious outstanding charges when determining whether to grant them bail
require courts to consider weapons bans in more cases
require courts to look more closely at an accused person’s bail plan when a reverse onus applies; and
prohibit courts from naming anyone as a surety (someone who supervises a person who is out on bail) who was convicted of a serious criminal offence in the past 10 years, unless no other suitable surety is available.
Tougher sentencing laws
People convicted of serious crimes may now spend more time in prison. More specifically, the changes:
require consecutive sentences for violent auto theft and break and enter
require consecutive sentences for extortion and arson
require judges to consider consecutive sentences for repeat violent offending
The law also creates new aggravating factors for courts to consider in cases involving:
crimes against first responders
crimes against public transit workers
organized retail theft
mischief and theft that damage essential infrastructure
The law also:
ends house arrest for certain sexual assault and child sexual offences
restores driving bans for manslaughter and criminal negligence causing bodily harm or death
strengthens fine enforcement.
