441-00833 (Justice)

All Canadians deserve to feel safe in their home and communities. Our government’s position has always been clear; those who commit serious offences will receive serious sentences. We recognize the harmful impacts that crime has on communities and will work to ensure that our criminal laws, including the law of bail, effectively meet their objectives, keep all Canadians safe, and are consistent with the Charter of Rights and Freedoms.

The Supreme Court of Canada (SCC) in R. v. Zora (2020) provides important guidance that clarifies the law of bail in Canada. The SCC emphasized that any conditions imposed as part of bail should be minimal, not onerous, and should always be tied to whether detention is justified on the grounds set out under subsection 515(10) of the Criminal Code.

Through the former Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and otherActs and to make consequential amendments to other Acts, we took critical steps to modernize and strengthen our laws including by :

• broadening the parameters of intimate partner violence;
• imposing a reverse onus at bail for repeat offenders;
• increasing the maximum allowable sentences;
• improving the legal framework around sexual assault to ensure that victims are better protected and treated with the utmost respect.

The federal government is responsible for the criminal law and the provincial governments are responsible for the administration of justice, including investigating and prosecuting most Criminal Code offences, conducting bail hearings and enforcing bail conditions within their respective jurisdiction.

Under the Criminal Code, police continue to be prohibited from releasing arrested persons whom they believe may re-offend or pose a risk to the safety of a victim or witness. Decisions to release accused persons, and the responsibility for conducting bail hearings, rests with the provinces and territories who are responsible for the administration of justice.

Federal, provincial and territorial governments continue to work together to examine ways to improve the criminal justice system, including the bail regime and its implementation.