In response to a summer marked by violent crimes, the Liberal government is proposing a new plan for justice reform. This comes after several high-profile incidents, including a fatal domestic assault, a stabbing of a grandmother, and a father being killed during a break-in. Justice Minister Sean Fraser is set to introduce reforms targeting bail, domestic violence, and hate crimes, despite previous changes made in recent years.

The Liberal government has amended bail laws twice, first in 2019 and again in 2023. The 2019 changes, enacted through Bill C-75, aimed to codify the principle of restraint in the Criminal Code. This principle, which has been in place since 1972, mandates that offenders be released with the fewest conditions necessary to ensure community safety. Critics argue that these changes did not significantly alter the existing framework.

One notable addition was the incorporation of racial considerations into bail decisions, intended to address the overrepresentation of Black and Indigenous individuals in the prison system. However, this measure has faced criticism for potentially creating an unfair advantage for certain groups in securing bail.

To address bail condition violations, the government introduced the option for a judicial referral hearing instead of filing new charges for missed court appearances. However, this provision has seen limited practical application, leading to skepticism about its effectiveness.

The government also sought to enhance its stance on domestic violence by implementing a presumption against bail for individuals previously convicted of domestic abuse. This “reverse onus” provision aims to keep such offenders in custody before trial. However, critics note that overcoming this presumption is relatively easy, likening it to a minor obstacle.

In 2023, the government expanded reverse onus provisions to include various firearms and weapons offenses, furthering the perception of progress in addressing domestic violence. Additionally, the requirement for judges to consider victim and community safety in bail decisions was reiterated, despite it already being a standard practice.

Fraser has indicated that more reverse onus provisions will be introduced in upcoming legislation, raising concerns about the depth of thought behind these proposals. Critics argue that these measures are merely superficial changes that do not address the root issues within the justice system.

The situation is similar regarding hate crimes. In 2017, the government introduced an offense related to mischief against religious properties and institutions through Bill C-305. This expanded the definition of mischief to include various community spaces used by minorities. However, critics contend that this change does not provide any real enhancement to existing laws, as the original mischief offense already covers similar acts.