Senator Gold: The government takes very seriously the impact of the criminal law and the criminal justice system on Canadians and is very aware — as we all are — of the disparate impact that any otherwise neutral law has on those with means and those without. Independent of whether it’s a reverse onus, if you have the means to have a good lawyer, you’re going to navigate the system far better than if you’re impecunious. That’s a fact of life in our society.

This government has taken these issues very seriously, and again — at the risk of saying more than is necessary at second reading — to its credit, as compared with previous governments.

That said, this builds upon an existing body of law in the Criminal Code and an existing body of law in our courts that recognize that it’s appropriate, at times, to reverse the onus because otherwise the risk to public safety, individuals and communities is unreasonably compromised, potentially. Judges always retain the same discretion, for better and for worse, in the face of someone accused of a crime in applying for bail.

These are proper questions for the committee, proper questions for the minister and the officials and for the other witnesses, but I am assured that the government is taking these considerations very seriously and believes that the collateral impact of these changes, modest though some of them may seem — and some of them are, as I explained in my speech — will not materially change what is the unfortunate disparate impact of our criminal law on those with more and less means.

[Translation]

Senator Gold: Again, the Department of Justice only has the information that it is able to cobble together from information that is provided or available from the provinces. I am not going to pretend that it is properly comprehensive.

However, we will be studying this bill at committee. The minister will be there, as will the officials, and we’ll have the opportunity, through the study of this bill, for these questions to be answered in a more comprehensive way than I can provide to you now.

Again, it’s also important, colleagues, to remember that in order for this bill to satisfy the test that the Supreme Court has set out and the exigencies of the Charter, the focus has to be choosing and targeting, in the context of a reverse-onus provision, things that are narrowly drafted and that are deemed necessary to promote the objectives of the bail system. Those objectives are to protect public safety, make sure that offenders appear and to promote and protect public confidence. In that regard, the government is satisfied that it has targeted the kinds of offences appropriately and consistently with our basic principles of justice.

Hon. Frances Lankin: Thank you very much. I appreciate all the contributions, and I think that there are important issues for us to delve into. I particularly appreciate you raising not just specifically Indigenous and Black women, but the gender bias within the justice system.

One thing that I have been aware of from working with women’s organizations that work with women who have experienced intimate domestic violence and/or abuse within the home is the change in the attitude of policing that has gone on over a period of time. I would have thought there would be more sensitivity and a better situation, but the statistics I have seen — and from what I have been told — show that there has been a growth in the number of times in which a woman defending herself will be, in fact, charged and arrested.

I wonder if you have any other specific or general information about that. In particular, at the Legal and Constitutional Committee, I hope that in the study this will be one of the second reading concerns that have been raised that you will look into. You alluded to this in terms of speaking about the added difficulty that women face in these circumstances in having to meet the reverse onus, so I hope that you would undertake to examine that part of it, too.