Federal Justice Minister Arif Virani expressed confidence on Wednesday that the Liberals’ bail-reform package will make the country safer, although the exact impact cannot be measured.
Virani appeared before the Senate legal committee to discuss Bill C-48, which aims to tighten access to bail for violent offenders by implementing reverse-onus provisions for individuals charged with specific crimes, such as weapon-related offenses, with previous convictions within the past five years.
Reverse-onus provisions shift the burden of proof from the Crown prosecutor to the accused, who must demonstrate why they should be released into the community while awaiting trial.
Virani acknowledged that while the legislation will make it more difficult to obtain bail, the discretion to grant bail ultimately rests with individual judges.
Virani also referenced the constitutional validity of reverse-onus provisions in matters of public safety, as determined by the Supreme Court of Canada. However, the impact of the bail-reform measures on safety in Canada remains a subject of debate.
Senators questioned Virani on the evidence supporting the effectiveness of the government’s efforts in this regard. Virani stated that there has been a rise in crime, including violent offenses involving weapons, both anecdotally and statistically. However, he could not provide a definitive prediction on the decrease in bail provision due to the discretionary power of the courts.
Virani expressed confidence in the impact of the bill’s measures but admitted that he is unable to measure it at present. He also highlighted the issue of inadequate data collection on bail recipients in various provinces. The absence of race-based data on the demographics of individuals affected by stringent bail measures was also acknowledged.
While many police services and provinces support the government’s efforts to tighten access to bail for repeat violent offenders, concerns have been raised by civil liberties groups that these reforms lack supporting evidence and may disproportionately impact marginalized individuals. Virani defended the bill as targeting the most violent offenders, especially those with prior convictions. Conservatives on the Senate committee expressed concerns that the legislation may not effectively capture a wide range of offenses.
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