OTTAWA — This fall, Members of Parliament will discuss two proposed pieces of legislation aimed at tightening bail conditions for individuals accused of serious crimes. Conservative Leader Pierre Poilievre announced on Thursday that his party's bill would establish a new category of major offenses, which includes sexual assault, kidnapping, human trafficking, home invasion, and firearms charges.

The Conservative proposal would implement a reverse onus, requiring individuals accused of these crimes to demonstrate why they should be granted bail. "We will strengthen bail laws by mandating judges also consider the accused’s full criminal history, and prevent anyone with prior major convictions from getting bail," Poilievre stated during a press conference in Vaughan, Ontario. He expressed skepticism about gaining support from the Bloc Québécois or the NDP, whom he accused of endorsing a lenient criminal justice system.

At the press conference, Poilievre was accompanied by several crime victims and their families, including Naeem Farooqi. Farooqi's brother, Abdul Aleem Farooqi, was shot and killed on August 31 while defending his family during a home invasion. "I just want people to recognize that this can happen to anyone. And my brother died a hero in the most noble way," Farooqi said.

Poilievre criticized the three suspects involved in the attack, suggesting they had prior arrests. Calls for stricter bail laws have been echoed by police associations and several provincial leaders, including Ontario's Doug Ford and Alberta's Danielle Smith.

Prime Minister Mark Carney has indicated that the minority Liberal government will also introduce its own bail reform bill this fall. He recently met with Ford to discuss the issue. "I agree with Premier Ford on these issues, and that’s why we’re moving on them," Carney told reporters following a federal cabinet meeting.

During the spring election campaign, Carney pledged that the Liberals would tighten bail laws for individuals accused of home invasion, car theft, and violent or organized crime. In late 2023, the Liberals expanded reverse onus provisions to cover more firearms offenses, serious repeat offenders, and cases involving intimate partner violence.

Despite these measures, Poilievre argued that crime is worsening and criticized the Liberal approach as too lenient. He cited a recent survey by Leger, which found that 51 percent of respondents expressed concern about safety in their communities. Additionally, he referenced Statistics Canada data indicating a 55 percent increase in police-reported violent crime since 2015, when the Liberals took office.

However, recent statistics show a slight decrease in violent crime in Canada from 2023 to 2024, and it remains 34 percent lower than its peak in 1998. Toronto police reported a 40 percent drop in shootings and a 51 percent decrease in homicides compared to 2024. Vancouver Mayor Ken Sim also announced that violent crime in his city is at a 23-year low.

Tough-on-crime policies were a key focus of the Conservative campaign in the spring. Poilievre promised significant legislative changes and mentioned that if his party were to form the government, he would consider using the notwithstanding clause to implement these changes. This clause allows the government to override certain Charter rights temporarily.

The Charter of Rights and Freedoms guarantees that individuals charged with an offense cannot be denied reasonable bail without just cause, and they are presumed innocent until proven guilty. Poilievre clarified that his party's private member’s bill would not invoke the notwithstanding clause, arguing that the Charter actually "requires" the reforms he proposes.

Recent high-profile cases involving suspects out on bail have raised concerns, including a stabbing incident in Hollow Water First Nation, Manitoba, that resulted in a teenage girl's death and injuries to seven others. The Canadian Civil Liberties Association has pointed out the lack of standardized data on whether granting bail contributes to crime. "No government currently tracks alleged reoffending by people on bail," said Shakir Rahim, director of the CCLA’s criminal justice program. He urged Justice Minister Sean Fraser to collect this data to inform future bail system decisions.