Minister of Justice David Lametti prepares to appear before the Standing Committee on Justice and Human Rights in Ottawa, Monday, March 6, 2023. Justice Minister David Lametti is preparing to face off with his provincial counterparts in Ottawa Friday on whether to reform Canada's bail system, as premiers, federal Conservatives and law enforcement leaders demand more restrictions.THE CANADIAN PRESS/Justin Tang
OTTAWA – Justice Minister David Lametti says the federal government will move forward quickly on “targeted reforms” to the Criminal Code that would update Canada’s bail system.
He made the commitment on Friday afternoon after what he called a “good and productive” meeting with his provincial and territorial counterparts.
“We have a broad consensus on a path forward,” he told reporters, saying reforms will address the challenges posed by repeat violent offenders and those facing firearms or other weapons charges.
“Bail is a constitutional right, but it is not absolute,” Lametti said.
“Our laws are clear that bail can be denied where there is just cause, when it is necessary for the safety of the public or to maintain the public’s confidence in the administration of justice.”
Premiers, federal Conservatives and law enforcement leaders have ramped up pressure on Ottawa since the beginning of the year to make bail more restrictive.
A January letter from all 13 premiers to the prime minister called for a “reverse onus” system for some offences, which would require a person seeking bail to prove why they should not stay behind bars.
Lametti would not comment on whether those specific provisions are coming but said it is something the government is considering.
Ontario Justice Minister Doug Downey told reporters that it was raised during the meeting, but he was coy about whether any promises had been made.
“We felt heard. There was a lot of collaboration. I look forward to action sooner than later,” he said.
According to the meeting’s agenda, the discussion on targeted bail laws included talks on two subjects: “reverse onus” and “other measures.”
There agenda also included discussion about enforcement and prosecution, improving bail monitoring and breach enforcement, as well as preventive measures.
Alberta Justice Minister Tyler Shandro said provinces were told changes will be introduced in the next legislative session.
“We don’t have any specific proposals yet,” he said.
Kelvin Goertzen of Manitoba called Lametti’s commitment “an important first step.”
Bronwyn Eyre, Saskatchewan’s justice minister, said there was a constructive attitude at the table.
“It looks as if this will be a positive outcome,” she said. “We’re very, very pleased.”
Calls for reform heightened in response to the death of Ontario Provincial Police officer Const. Greg Pierzchala in late December.
Court documents showed one of the two people facing a first-degree murder charge in his death, Randall McKenzie, was initially denied bail in a separate case involving assault and weapons charges but was released after a review.
The documents show a warrant was issued for McKenzie’s arrest after he didn’t show up for a court date in August.
On Friday, Lametti referred to Pierzchala’s death as a “catalyst for change.”
He said justice ministers agreed that any measures they pursue in the name of public safety must not undermine efforts to address the overrepresentation of Indigenous and Black people in the criminal justice system.
This report by The Canadian Press was first published March 10, 2023.
