EDITOR’S NOTE: This article originally appeared on The Trillium, a Village Media website devoted exclusively to covering provincial politics at Queen’s Park.
Prime Minister Mark Carney announced that his government will table legislation next week aimed at keeping violent and repeat offenders in jail longer.
The announcement was made in Toronto ahead of a meeting with Ontario Premier Doug Ford, who has repeatedly called for bail reforms and tougher sentencing for those convicted of violent crimes.
The new legislation will reverse the onus for bail, meaning that an individual accused of a crime will need to prove to a court that they should be released rather than the Crown having to prove they should remain behind bars.
This would apply to those accused of violent auto theft, breaking and entering, human trafficking, smuggling, assault, sexual assault, extortion involving violence and violent threats.
“Simply put, these changes will keep violent, repeat offenders of these crimes off our streets and out of our communities,” Carney said.
The federal government will also allow consecutive sentencing, impose harsher penalties for organized retail theft, and restrict conditional sentences for a number of sexual offences.
Carney told reporters he believes the coming legislation “gets the right balance” between punishing criminals, keeping Canadians safe, and respecting the Charter of Rights and Freedoms.
The comment was made after a reporter asked about a 2022 ruling by the Supreme Court that found consecutive sentencing for murder violated the Charter.
The changes appear to answer calls made by Canada’s premiers since 2023, when they wrote a letter to former prime minister Justin Trudeau asking for reverse-onus bail provisions, among other things.
This was reiterated over the summer at a meeting of the Council of the Federation.
Ford has been one of the more vocal supporters of bail reform, often calling out judges for their decision to release those charged with a crime — and not yet convicted — on bail. Earlier this week, while sharing a story about how he threatened a person accused of stealing outside of a Home Depot, the premier called for “tough bail reform,” slamming judges for letting individuals accused of violent crimes out on bail several times.
He also called for mandatory sentences for firearm offences.
The Canadian Civil Liberties Association (CCLA) said it strongly opposes the bail and sentencing proposals, arguing “there is no evidence that bail causes crime.” They said that Canada doesn’t collect or publish standardized bail data, and that “law-making absent evidence can’t help but be bad law.”
“Taking away judicial discretion in sentencing is the wrong move,” said CCLA Executive Director Howard Sapers. “If someone shows excellent prospects for rehabilitation or has already addressed the issues that brought them into court, judges should have the ability to impose an individualized, fair, and proportionate sentence.”
The Ontario Liberal Party, meanwhile, in a statement said that Carney’s proposed legislation “won’t work unless Doug Ford properly funds Ontario’s justice system.”
The Ford government did not respond to requests for comment by publication time.