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C-48Royal assent received

Changes Proposed to Canada's Bail System

Bail System Changes Proposed

Introduced May 16, 2023·Last discussed Dec 5, 2023
Summary

This proposed law changes the rules about bail in Canada. Bail is when someone accused of a crime gets out of jail while waiting for their trial. The change makes it more difficult for some people to get bail. Specifically, if someone is accused of a crime involving violence, especially against an intimate partner, and they have a past conviction for violence, it will be harder for them to get bail. It also affects people accused of crimes involving weapons, especially if they have a past conviction for a similar crime. Judges must now also state that they considered the safety of victims when deciding on bail. This matters because it changes how the justice system balances the rights of the accused with the safety of the community. Some people think it will help prevent violent crime. Others worry that it could lead to more people being held in jail unnecessarily before they are even found guilty.

Where This Lands on Key Issues

Where this proposed law falls on the policy spectrums that Canadians care about

Crime & Public SafetyTough on crime, longer sentences

The bill makes it harder for some people to get bail, which aligns with a 'tough on crime' approach by increasing pre-trial detention.

This bill
Bill Quality
Solid

This proposed law aims to make it harder for people accused of certain violent crimes, especially those involving intimate partners or weapons, to get bail. It also emphasizes the safety of victims and the community during bail decisions, but it may lead to more people being detained before trial.

Things to Watch For

  • It is not clear how 'safety and security of the community' will be measured.
  • The law may disproportionately affect certain groups due to existing biases in the justice system.
  • The review after five years is good, but it's important to watch what data is collected and how the review is conducted.
  • The law does not address the root causes of violence or provide additional resources for victims.
  • It does not specify what happens if the committee review suggests changes are needed.
Progress

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