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The County of Carleton Law Association (CCLA), representing lawyers in the capital region, urged members of parliament (MPs) on Tuesday to amend Bill C-14 on bail reform to maintain the presumption of innocence.
The Liberal Party introduced Bill C-14 in October to make bail rules stricter and toughen sentencing outcomes by targeting over 80 areas in the Criminal Code, the Youth Criminal Justice Act and the National Defense Act. While some amendment recommendations have been well received to achieve those goals, such as expanding the standard weapons prohibition to those accused of organized crimes, the bill has been criticized for going against main principles of justice.
For example, the presumption of innocence, where someone accused of a crime is presumed innocent until proven guilty, requires the Crown or the government to prove that the person committed the crime. The bill would expand the list of charges where it is the opposite, and the person that has been accused is required to prove their innocence instead. This would apply to any offense where violence was allegedly used, as well as breaking and entering, auto theft, and organized crime.
The principle of restraint was mandated by the Supreme Court of Canada to ensure that if appropriate, release at the earliest opportunity is prioritized over detention, and only reasonably necessary bail conditions are imposed on a person that has been charged. The argument is that courts have misinterpreted that to mean that release must be granted; the bill says that they will redefine the principle to make the release non-mandated.
The ladder principle requires the courts to consider the least restrictive form of bail first, starting at the bottom of the ladder and working its way up as the risk of the accused’s release becomes more serious. The bill would remove this principle depending on the type of charge (involving weapons, intimate partner violence, terrorism, or drug trafficking).
For any bill to become law in Canada, it must first pass three readings in the House of Commons, where bills are first politically tested by the elected MPs of each region and subject to heavy debates regarding changes and amendments. After the third reading, it then passes to the Senate. The Senate is viewed as the “sober second thought” of the law making process. It is made up of elected senators, proportionally distributed to each region of Canada, and are not formally tied to any political party. Three reading are once again done by the Senate, where formal more independent recommendations are made after their studying of The Bill.
For the Bill C-14, the Senate Committee recommended changing certain elements of the bill, such as leaving the acceptance or rejection of bail sureties to judicial discretion rather than outright restricting it for sureties with criminal charges and requiring judges to ask about Indigenous or vulnerable status in bail hearings. Senator Batters critiqued this recommendation, stating that it softened the bill and praised it as is, as an attempt to reverse the negative effects of the previous soft on crime Trudeau government, which allowed for “more violent crimes committed by repeat criminal offenders who were on bail at the time of their arrest … because of changes brought in by Trudeau Liberals under Bill C-5 and Bill C-75.”
However, legal associations are urging the government to follow the Senate Committee’s recommendations, even if it “softens the bill,” as it ensures the principle of justice. Shakir Rahim, the Director of Criminal Justice for the CCLA, argued that Bill C-14 will make it easier to detain people presumed innocent before trial, “and it will hit Indigenous, racialized, and low-income communities hardest.” While the Senate committee amendments will not eliminate those harms, it could reduce harms by allowing judges to consider vulnerable people’s status and keep in mind essential principles of justice.
The post Canada lawmakers urged to soften bail reform act appeared first on JURIST - News.
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The Liberal Party introduced Bill C-14 in October to make bail rules stricter and toughen sentencing outcomes by targeting over 80 areas in the Criminal Code, the Youth Criminal Justice Act and the National Defense Act. While some amendment recommendations have been well received to achieve those goals, such as expanding the standard weapons prohibition to those accused of organized crimes, the bill has been criticized for going against main principles of justice.
For example, the presumption of innocence, where someone accused of a crime is presumed innocent until proven guilty, requires the Crown or the government to prove that the person committed the crime. The bill would expand the list of charges where it is the opposite, and the person that has been accused is required to prove their innocence instead. This would apply to any offense where violence was allegedly used, as well as breaking and entering, auto theft, and organized crime.
The principle of restraint was mandated by the Supreme Court of Canada to ensure that if appropriate, release at the earliest opportunity is prioritized over detention, and only reasonably necessary bail conditions are imposed on a person that has been charged. The argument is that courts have misinterpreted that to mean that release must be granted; the bill says that they will redefine the principle to make the release non-mandated.
The ladder principle requires the courts to consider the least restrictive form of bail first, starting at the bottom of the ladder and working its way up as the risk of the accused’s release becomes more serious. The bill would remove this principle depending on the type of charge (involving weapons, intimate partner violence, terrorism, or drug trafficking).
For any bill to become law in Canada, it must first pass three readings in the House of Commons, where bills are first politically tested by the elected MPs of each region and subject to heavy debates regarding changes and amendments. After the third reading, it then passes to the Senate. The Senate is viewed as the “sober second thought” of the law making process. It is made up of elected senators, proportionally distributed to each region of Canada, and are not formally tied to any political party. Three reading are once again done by the Senate, where formal more independent recommendations are made after their studying of The Bill.
For the Bill C-14, the Senate Committee recommended changing certain elements of the bill, such as leaving the acceptance or rejection of bail sureties to judicial discretion rather than outright restricting it for sureties with criminal charges and requiring judges to ask about Indigenous or vulnerable status in bail hearings. Senator Batters critiqued this recommendation, stating that it softened the bill and praised it as is, as an attempt to reverse the negative effects of the previous soft on crime Trudeau government, which allowed for “more violent crimes committed by repeat criminal offenders who were on bail at the time of their arrest … because of changes brought in by Trudeau Liberals under Bill C-5 and Bill C-75.”
However, legal associations are urging the government to follow the Senate Committee’s recommendations, even if it “softens the bill,” as it ensures the principle of justice. Shakir Rahim, the Director of Criminal Justice for the CCLA, argued that Bill C-14 will make it easier to detain people presumed innocent before trial, “and it will hit Indigenous, racialized, and low-income communities hardest.” While the Senate committee amendments will not eliminate those harms, it could reduce harms by allowing judges to consider vulnerable people’s status and keep in mind essential principles of justice.
The post Canada lawmakers urged to soften bail reform act appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.