Canada’s Proposed Tougher Bail and Sentencing Laws: A Criminal Defence Lawyer in Toronto’s Perspective
The federal government of Canada recently declared its intention to present a measure that would strengthen sentencing and bail regulations. Given its potential major impact on the rights of the accused and the Canadian legal system, Erickson Law, a criminal defence lawyer in Toronto, is continuing to closely examine this development.
The Criminal Code, which establishes guidelines and protocols for release before trial, governs bail laws in Canada. Section 11(e) of the Charter of Rights and Freedoms embodies the presumption of innocence. The entitlement to a reasonable bond is also covered in this section. The Crown must provide justification for an accused person’s detention prior to trial under the current system. This is exempted in certain situations, such as when the accused has already been released on bond or has been charged with a serious offence.
Sentencing is also governed by the Criminal Code. Although they must still follow the statutory minimums, judges are free to customize punishments based on the offences and circumstances of the offender.
For those charged with specific crimes, this bill toughens the bail requirements and lengthens the punishments. Government officials have stated that this bill will target violent crimes and repeat offenders, including those involving firearms and weapons, organized crime, home invasions, and violent auto thefts.. It is anticipated that the law will establish new mandatory minimum penalties and broaden the list of offences that are susceptible to reverse-onus bail.
The bill’s proponents contend that tougher sentencing and bail guidelines will protect public safety, especially in light of recent violent incidents. They contend that stronger laws are necessary to protect communities and deter crime because the current system is too lenient. According to government statistics, violent crime is increasing. Additionally, statisticians highlight instances in which violent crimes have been committed by persons released on bond.
As a criminal defence lawyer in Toronto, we are concerned by the possible implications of this proposed change. The Canadian legal system is founded on the principle that innocence must be presumed, so bail should always be reasonable. This erosion could lead to an unfair outcome and undermine our justice system.
The defendant will once again bear the burden of proof as they must demonstrate their innocence as a result of the increase in offences covered by reverse onus. The detention does not need to be justified by the Crown. The new strategy differs from the old one and may result in more persons being held in pre-trial custody even when they pose no risk to the administration of justice or public safety.
The most vulnerable and marginalized populations are probably going to be the ones most impacted by these suggested reforms. The criminal justice system already overrepresents individuals of colour and those with addictions or mental conditions. The implementation of tougher bail regulations, which make it more difficult for members of certain communities to be freed, may worsen these inequities.
Erickson Law, a criminal defence lawyer in Toronto, has direct experience with the challenges that clients who are held pending trial confront. Housing instability and job loss are just two of the terrible consequences that can result from detention before trial. Family ties may also be strained. Despite having a strong defence, the accused may feel tremendous pressure to enter a guilty plea as a result of their imprisonment.
Mandatory minimum sentences have the potential to restrict the discretion of judges and provide punishments that are out of proportion to the offence or the offender. Section 12 of the Charter of Rights, which prohibits cruel or unusual punishment, has been violated by mandatory minimum sentences that are disproportionate, as the Supreme Court of Canada has often ruled.
It is the judge’s responsibility to evaluate each case and decide if the punishments are reasonable and fair. This discretion is essential to the individual sentencing system in Canada. Principles like proportionality, restraint, and rehabilitation should be taken into consideration while determining a sentence rather than being strictly based on legal criteria.
The number of inmates and those in jail awaiting trial would probably increase as a result of the proposed bill. This will put more strain on the criminal justice system and may cause jails and prisons to become overcrowded. An elevated rate of incarceration can have significant financial consequences.
Long prison terms and pre-trial incarceration don’t lower recidivism or increase public safety. Prison may raise the chance of reoffending and have criminalogenic effects. Erickson Law, a criminal defence lawyer in Toronto, supports evidence-based policies that put rehabilitation and reintegration first.
Certain elements of the bill could be challenged on constitutional grounds. According to the Supreme Court of Canada, reasonable bail is a human right, and any violations must therefore be justified under section 1 of the Charter. Section 12 was also found in violation when the mandatory minimum sentence is grossly excessive. All changes to the law should respect the Canadian constitution, which makes up the foundation of our legal system.
The role of a criminal defence lawyer in Toronto is becoming more important as the legal system changes. Defence counsel protect the rights of accused at all stages of criminal proceedings and serve to prevent abuses of power. It is important to advocate for fair bail, challenge unconstitutional legislation, and ensure that the sentences are proportionate and fair.
Erickson Law provides effective defence to those facing criminal charges. Our firm understands the impact of harsh penalties and pre-trial confinement on clients and their families. We are guided by a respect for justice, fairness and the rule of law.
Canada’s proposed bail and sentencing changes represent an important shift in criminal justice. Public safety must be weighed against the rights of the accused and the desire for an equitable and just system. Legislators should proceed cautiously and consider any unintended effects of reforms.
Any new law must be based on evidence and guided by principles of fairness and proportionality. Other jurisdictions have shown that stricter laws on bail and sentencing do not always lead to safer neighbourhoods. They can even create more challenges and injustices. It is important to examine and debate the federal government’s bill for tougher sentencing and bail.
Contact Erickson Law if you are facing criminal charges or have concerns about the proposed changes. As an experienced criminal defence lawyer in Toronto, we can help you navigate the complex legal system.
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