44th Parl. 1st Sess.
February 2, 2023 10:00AM
- Feb/2/23 3:07:32 p.m.
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Mr. Speaker, like many employers, last year, the federal government experimented with new hybrid approaches to work. Now it has begun phasing in a new common hybrid work model across government.
Can the President of the Treasury Board please explain how this model will help the government serve Canadians?
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- Feb/2/23 4:03:18 p.m.
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Mr. Speaker, I would like to say that I will be splitting my time with the hon. member for Winnipeg North, and I know that everyone will want to stay tuned for the hon. member's comments after mine.
With regard to the discussion today and Canada's criminal justice system, I wish to note that a sibling has been a police officer in Canada for over two decades. I am very proud of my brother, who has served with much pride the citizens of Vancouver as a police officer in many different capacities. To him and his colleagues, obviously, may there be blessings by the one up in the sky, and may they please stay safe in everything they do to keep us safe.
I appreciate the concerns raised by the member for Fundy Royal about Canada's bail system. I welcome the opportunity to discuss how Canada's bail legislation works, particularly how it deals with violent crime and repeat offenders.
The bail regime in Canada contributes to public safety and builds trust in the criminal justice system by allowing accused persons to be held in pre-trial custody where there is just cause to do so. Under the Canadian Charter of Rights and Freedoms, all accused individuals have a right to their freedom and are presumed innocent until proven guilty. Section 11(e) of the Charter provides that everyone charged with an offence has the right “not to be denied reasonable bail without just cause”. Section 6 of the Criminal Code further affirms the presumption of innocence.
The Supreme Court of Canada has shared important decisions on bail and relevant Charter considerations. The Court noted the following, for example, in the 2015 St. Cloud decision: “in Canadian law, the release of accused persons is the cardinal rule and detention, the exception”.
In the 2017 Antic decision and the 2020 Zora decision, the court ruled that, for the vast majority of offences, interim release is favoured at the earliest reasonable opportunity and on the least onerous grounds, although there are plenty of circumstances under which the Crown can persuade the court that certain conditions are required or that the accused should remain in custody pending a decision in their case.
Subsection 515(10) of the Criminal Code sets out the three reasons an accused may be denied interim release. First, where the detention is necessary “to ensure his or her attendance in court”, which is known as the primary ground. Second, for the protection of the public, including victims and witnesses, and when it is likely that the accused will “commit a criminal offence or interfere with the administration of justice” if released. This is called the secondary ground. Protection of the public is very important and is central to this ground.
Many factors may be taken into account when the court considers this ground, including the accused's criminal record, whether the accused was on interim release or on probation at the time of the charge, the accused's personal situation and any interference with witnesses or evidence. The court may also consider the gravity of the offence and the strength of the Crown's case based on the principle that the more serious the offence and the more likely a conviction, the greater the need to protect the public.
The third reason why an accused can be refused bail is if the detention is necessary to maintain confidence in the administration of justice, having regard to all the circumstances, including the apparent strength of the prosecution's case, the gravity of the offence, the range of sentences for the offence and whether a firearm was used. That is called the tertiary ground.
In St-Cloud, the Supreme Court noted that the scope of the tertiary ground “has been unduly restricted by the courts in some cases”. The court stated that the tertiary ground is separate and independent from the other grounds and that it should not be interpreted narrowly or applied sparingly. It should also not be limited to exceptional circumstances.
The general rule is that a Crown prosecutor who seeks to have an accused temporarily detained must persuade the court that there are grounds for detaining them. However, the Criminal Code includes a number of provisions under which the onus is transferred to the accused.
When those provisions apply, the accused must demonstrate that there are no primary, secondary or tertiary grounds for their detention in custody. That is what is called a reverse onus.
Although the reverse onus represents an exception to the fundamental right to bail, it does not mean that the accused cannot obtain bail. It simply means that the accused must establish, on a balance of probabilities, that their detention is not justifiable.
The provisions for reverse onus play an important role in the criminal system because they make it possible to strike a balance between the right of the accused to have a reasonable opportunity to secure bail and the need to protect the safety of all Canadians.
To ensure the protection of the public and reduce recidivism in the criminal system, provisions for reverse onus focus on certain types of recidivism and certain serious offences. For example, when an accused does not appear in court or breaches a previous pre-trial release order, reverse onus will apply.
The reverse onus of proof also applies when the accused is charged with certain serious offences. The reverse onus of proof generally occurs when a person is charged with murder or attempted murder. However, other serious offences such as gun trafficking, discharging a firearm with intent, sexual assault with a weapon, aggravated sexual assault, kidnapping, hostage taking, robbery or exporting drugs also fall under reverse onus of proof provisions.
The reverse onus of proof also applies to offences involving the activities of a criminal or terrorist organization, as well as the Security of Information Act, which includes economic espionage and communication with a terrorist group.
In order to protect Canadians against gun violence, reverse onus of proof provisions apply to offences involving firearms when the accused is subject to a firearms prohibition order.
I thank my colleagues for listening to me deliver my speech in French today. I am very pleased to have had this opportunity.
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- Feb/2/23 4:14:17 p.m.
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Mr. Speaker, that is an important question from my colleague from Langley—Aldergrove with regard to keeping Canadians safe and making sure Canadians feel safe in their homes, on their streets, with their children, at the mall, at the skating rink or wherever they may be.
In that vein, I look forward to discussions between the Minister of Justice and Attorney General of Canada at the federal level and all pertinent authorities and their provincial representatives, working together to strengthen any laws that need to be strengthened and ensure that Canadians are always kept safe in their communities.
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- Feb/2/23 4:16:22 p.m.
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Mr. Speaker, I agree with my colleague from Quebec. The Conservatives' solutions are too easy and do not take into account the reality that exists in our country.
Bill C-75 was adopted following a binding Supreme Court decision. There is a reverse onus in Bill C-75 with regard to bail. At the same time, our government's top priority, like any government's, is to keep Canadians safe and make sure they feel safe in their homes, on their streets and in their communities. I know in my community this is an important topic, and we will not rest until we know that police officers have their resources.
We must also remember that the Conservative Party of Canada was the party that cut CBSA's budget. We are now putting more money into CBSA to make sure illegal arms do not come into Canada, do not harm our citizens and are kept away from criminals. We will make sure we arrest those criminals and support our police officers day in, day out, hour by hour and day by day.
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