Bill C-48

"Bill C-48, officially "An Act to amend the Criminal Code (bail reform)," aims to strengthen Canada's bail system, particularly for repeat violent offenders and those involved in serious offences involving weapons, by introducing a "reverse onus" and requiring courts to consider community safety."

Bill C-48 came into effect January 4, 2025

"Reverse Onus: The bill introduces a "reverse onus" in bail hearings for certain individuals, meaning the accused person, rather than the prosecution, must demonstrate to the court why they should not be detained while awaiting trial. 

• Focus on Repeat Offenders: The reverse onus provisions primarily apply to individuals with a history of violent convictions who are subsequently charged with violent offences or offences involving firearms, knives, bear spray, or other weapons. 

• Intimate Partner Violence: The bill also addresses the risks posed by intimate partner violence, particularly when committed by repeat offenders, by expanding the reverse onus provisions. 

• Community Safety: The bill requires courts to explicitly consider the safety and security of the community when making bail decisions and to include a statement on the record that they have done so."

   

Calgary

Calgary Police Services Chief Mark Neufeld discusses the issue with Blue Line Magazine editor Brittani Schroeder.

"When we talk about technological advancements and AI, I wonder if there is an opportunity ahead of us, given that police agencies have such a high level of information about offenders. Maybe a future decision-making model could be created for use by the courts. This model could help judges consider all the factors and weigh the risk to the community. The system could help point one way or the other. The judge would still make the final decision, but this could give them unbiased information."

"In 2021, there were 18 homicides in the city, and 11 of the 18 individuals charged were out on conditions at the time of the crime. In 2022, of the 27 homicides, 17 of the accused were out on conditions; in 2023, of the nine homicides, four accused were out on conditions; and in 2024, of the 18 homicides, eight of the accused were out on conditions."

"Another homicide in 2024 was a repeat offender who was involved in organized crime and had a history of firearms-related charges. In Aug. 2023, warrants were issued after two bags of firearms were located, and the DNA on the guns matched the offender. In Feb. 2024, additional weapons charges were laid, and later, he was found to be drug trafficking. That month, he was arrested and released on a supervision order. This was after Bill C-48 took effect, and he was still released. Between March and November 2024, he accrued another 18 charges and failed to abide by his conditions. He was arrested in November and remains in custody."

Officers' Frustration

"In the examples I listed earlier, there were several times when the offenders were released on an undertaking by police—that’s not a bail issue; it’s a police issue. Officers are getting frustrated because they think the courts won’t keep the person in custody anyway, so they don’t do the extra work to ask for a bail denial."

https://www.blueline.ca/qa-changes-to-bail-practices-with-chief-mark-neufeld-calgary-police-service/