Strengthen bail for repeat offenders

AI summary

Petitioners ask the Minister of Justice to amend the Criminal Code to impose automatic detention or reverse onus for prolific nonviolent repeat offenders, appoint more judges and prosecutors, and fund Crown and provincial correctional capacity. The government responds that Bills C-14 and C-16 plus funding address bail, sentencing and delays, and provinces administer correctional facilities.

AI summaries describe petitioners’ requests and claims. Consult the official record for the full text.

Official petition

Petition to the Minister of Justice Unreasonable delays are causing criminal cases to be thrown out or stayed pursuant to Section 11(b) of the Canadian Charter of Rights and Freedoms, acquitting criminals and increasing potential to reoffend; Correctional centres lack capacity and resources to detain offenders awaiting trial and to provide services such as mental health support, rehabilitation, and release planning, leading to higher reoffending rates; Prolific, non-violent offenders continue to pose challenges, and property offences place undue pressure on business and property owners, particularly in downtown retail areas; Throughout downtown Prince George, theft is common, windows are repeatedly broken, fires are set against buildings, and arson has led to the loss of local businesses; Businesses are relocating outside downtown, and the public is increasingly shopping elsewhere due to safety concerns; and Many municipalities spend large portions of operating budgets on protective services—39% in Prince George—yet data show most property crime is committed by the same few individuals. We, the undersigned, residents of the City of Prince George, call upon the Minister of Justice to 1. Amend the Criminal Code of Canada to strengthen bail requirements for prolific and non-violent offenders to include provisions for repeat offences to lead to: automatic detention, release to be dependent on reverse onus, and/or demonstration of the Principle of Respect for the Law; 2. Appoint more judges and prosecutors; 3. Provide funding and resources for Crown Counsel to increase capacity and decrease delays in preparing and bringing cases to court; and 4. Provide funding and resources to provincial correctional centres and support services to increase capacity for detention of individuals and providing rehabilitation and release planning. 1. Amend the Criminal Code of Canada to strengthen bail requirements for prolific and non-violent offenders to include provisions for repeat offences to lead to: automatic detention, release to be dependent on reverse onus, and/or demonstration of the Principle of Respect for the Law; 2. Appoint more judges and prosecutors; 3. Provide funding and resources for Crown Counsel to increase capacity and decrease delays in preparing and bringing cases to court; and 4. Provide funding and resources to provincial correctional centres and support services to increase capacity for detention of individuals and providing rehabilitation and release planning.

Government response

Response by the Minister of Justice and Attorney General of Canada and Minister responsible for the Atlantic Canada Opportunities Agency Signed by THE PARLIAMENTARY SECRETARY PATRICIA LATTANZIO Everyone deserves to live in a society that is safe, where the criminal justice system protects them and functions as intended. Delays in criminal trials are a pressing issue for many people in Canada, as are calls for stricter bail and tougher sentencing laws to address repeat violent and non-violent offending. The Government is committed to strengthening public safety and promoting confidence in the criminal justice system, including through changes to criminal laws. Bill C-14, the Bail and Sentencing Reform Act, directs police and courts not to release an accused person when detention is needed for public safety reasons, including protecting victims or witnesses. The Actalso imposes a new reverse onus on several offences including breaking and entering a home and extortion involving violence, as well as against those charged with a serious, violent offence if they have two or more prior convictions for similar offences. It also expands the reverse onus that applies to anyone charged with an offence where violence was used, threatened or attempted with a weapon to include previous convictions within the last 10 years. Courts will also be required to impose weapons prohibitions at bail for individuals accused of extortion and organized crime, unless such a prohibition is not required for public safety. Additionally, courts will now be required to consider the number and seriousness of any outstanding charges when determining whether releasing an accused would undermine public confidence in the administration of justice. Bill C-14 also strengthens sentencing laws for repeat, serious, and violent crimes. For example, new aggravating factors at sentencing will apply to crimes against first responders and to organized retail theft. Additionally, consecutive sentencing will be imposed for certain series of crimes, including that a sentence for extortion be served consecutively to a sentence imposed for arson. Canada’s bail system is a shared responsibility between the federal, provincial and territorial governments. The federal government is responsible for enacting criminal law and procedures, including the Criminal Code provisions that govern bail; provinces and territories are responsible for the administration of justice. Provincial governments are responsible for appointing judges of provincial courts where most bail hearings take place (whereas the federal government appoints judges of the superior and federal courts), hiring and resourcing provincial prosecutors who conduct bail hearings, and administering remand facilities where accused persons are held when denied bail. All orders of government have an important role to play in ensuring that our bail system operates as intended. Bill C-16, the Protecting Victims Act, requires courts to consider remedies other than a stay of proceedings to reduce the number of cases being dismissed due to court delays. It also clarifies and streamlines procedures that apply in sexual offences trials and amends the Criminal Code to provide specific guidance to courts on the factors to consider in determining what types of cases may require additional time to proceed through the system. Finally, Bill C-16 amends the Criminal Code and the Youth Criminal Justice Act to encourage the use of diversion and restorative justice, while ensuring that public safety is protected. Diverting offences can help reduce court delays as it allows limited resources to be focused on more serious offences that pose a risk to public safety. The Government is also investing significant resources to fight crime and prevent violence from happening in the first place. In 2022, the previous government announced new support through the $250 million Building Safer Communities Fund (BSCF) to assist municipalities and Indigenous communities in addressing the root causes of gun and gang violence. In the Spring 2023, the previous government committed $390 million over five years to provinces and territories through the Gun and Gang Violence Action Fund, bringing the total investment to over $640 Million from 2022 to 2028. The Government is providing this funding to support a variety of initiatives, including support to prevention programs and law enforcement. Taken together, these measures represent a clear and firm commitment to support safer communities, hold offenders accountable, and strengthen public confidence in the criminal justice system. Response by the Minister of Public Safety Signed by The Honourable Gary Anandasangaree, P.C., K.C., M.P. 4. The responsibility for the funding, administration, and operation of provincial correctional centres rests with provincial and territorial governments. Decisions regarding detention capacity, rehabilitation programming, and release planning are therefore matters within provincial and territorial jurisdiction.