A number of law enforcement agencies across Ontario are expressing support for the federal government’s long-awaited bail and sentencing reforms, but some experts fear these changes may not effectively reduce crime and could negatively impact already vulnerable communities.
Bill C-14, known as the Bail and Sentencing Reform Act, received royal assent on Monday. It introduces over 80 amendments to the Criminal Code, Youth Criminal Justice Act, and National Defence Act aimed at making bail and sentencing laws stricter for repeat offenders and those involved in violent crimes. This bill was first announced by Ottawa last fall following calls from premiers, mayors, and police officials to lower crime rates.
Halton police Chief Stephen Tanner described the adjustments as “significant.”
“Far too often. I see situations where either it’s a carjacking with firearms or home invasion or pursuits where our officers are arresting people with firearms, and then we find out that they’re on bail or they’re already on release with conditions,” he told CBC Radio’s Here and Now.
“I think this legislation takes the pendulum a little bit towards the direction of the victims and of future victims which we’re trying to prevent,” he said.
The new regulations regarding bail reform and sentencing will take effect 30 days after receiving royal assent, according to a news release from Canada’s department of justice.
2 charged in fatal shooting of OPP officerA man and a woman have been charged with first-degree murder in connection with OPP Const. Grzegorz Pierzchala’s shooting.
Cassandra Richards , a criminal lawyer based in Ottawa pointed out that new reverse onus provisions might adversely affect marginalized communities.
“We know that Indigenous folks , Black folks , people with mental health [and] substance abuse issues are disadvantaged at obtaining bail ,” she expressed.
“What this law reform seeks to do is frankly keep more people behind bars ,” Richards added , highlighting how a “tough-on-crime” approach fails to tackle root causes like substance abuse issues & poverty.
Both Richards & Waller stressed that these changes could further overload Ontario’s already crowded jail system. To address capacity concerns , last month plans were revealed by provincial authorities aiming to add 2 ,500 beds over ten years.
In an emailed statement , Saddam Khussain , spokesperson for Ontario Solicitor General claimed his office had “long advocated for federal fixes addressing our broken bail system so violent repeat offenders remain incarcerated where they belong.”
“If violent repeat offenders aren’t kept behind bars, we’ll continue collaborating closely with federal entities aiming toward better protecting families & communities across Ontario ,” he said.
WATCH | Invest in supports instead of prisons, says Senator:
Senator argues Ontario government should invest funds into social programs rather than jailsThe CBC’s Julie Ireton talks with Independent Sen. Kim Pate about expanding jail facilities within Ontario.
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Increased Reverse Onus Provisions, Consecutive Sentences
A key change involves adding more reverse onus provisions for specific offenses like violent auto thefts and human trafficking. A reverse onus provision shifts the responsibility onto an accused individual to show why they should be granted bail instead of placing that burden on the Crown attorney. As for sentencing, courts will now have the ability to impose consecutive sentences for crimes such as violent auto thefts and extortion. This means a person found guilty of multiple charges will serve each sentence one after another. Toronto police along with the Ontario Provincial Police Association (OPPA) also welcomed these changes. “The Toronto Police Service, along with police leaders across the country, has long advocated for reforms that put public safety first,” Nadine Ramadan, spokesperson for Toronto police, stated in an email Wednesday. Scott Mills, spokesperson for OPPA mentioned that their association spent “many years” advocating for these changes. “I think [police] associations in general across the country are quite positive about this new legislation. We’re happy to see it come in,” he said.Cautious Perspective from Criminologists
However, while police organizations in Ontario view these reforms positively, Irvin Waller, a criminologist and professor emeritus at the University of Ottawa believes they won’t lead to significant improvements. “I think it will reduce some of the headlines where somebody who’s obviously high risk is released back into the community,” he noted while explaining that instances where someone committed a crime while out on bail usually highlight clear mistakes made during court proceedings. A number of high-profile criminal cases have grabbed attention because perpetrators were out on bail at that time-like in December 2022 when OPP Const. Grzegorz Pierzchala was murdered by someone released under similar circumstances. “Making changes to the Criminal Code based on the seat of your pants is not a way to actually reduce crime generally or reduce dangerous offenders who keep reoffending,” Waller remarked.WATCH | Man, woman charged with 1st-degree murder in OPP officer shooting:
2 charged in fatal shooting of OPP officerA man and a woman have been charged with first-degree murder in connection with OPP Const. Grzegorz Pierzchala’s shooting.
Cassandra Richards , a criminal lawyer based in Ottawa pointed out that new reverse onus provisions might adversely affect marginalized communities.
“We know that Indigenous folks , Black folks , people with mental health [and] substance abuse issues are disadvantaged at obtaining bail ,” she expressed.
“What this law reform seeks to do is frankly keep more people behind bars ,” Richards added , highlighting how a “tough-on-crime” approach fails to tackle root causes like substance abuse issues & poverty.
Both Richards & Waller stressed that these changes could further overload Ontario’s already crowded jail system. To address capacity concerns , last month plans were revealed by provincial authorities aiming to add 2 ,500 beds over ten years.
In an emailed statement , Saddam Khussain , spokesperson for Ontario Solicitor General claimed his office had “long advocated for federal fixes addressing our broken bail system so violent repeat offenders remain incarcerated where they belong.”
“If violent repeat offenders aren’t kept behind bars, we’ll continue collaborating closely with federal entities aiming toward better protecting families & communities across Ontario ,” he said.
WATCH | Invest in supports instead of prisons, says Senator:
Senator argues Ontario government should invest funds into social programs rather than jailsThe CBC’s Julie Ireton talks with Independent Sen. Kim Pate about expanding jail facilities within Ontario.Source link
