Alberta Premier Danielle Smith is among the provincial and territorial leaders calling for changes to Canada's bail system. (Photo: Government of Alberta)

By David Opinko

All of Canada’s premiers call for bail system reform

Jan 16, 2023 | 12:27 PM

EDMONTON, AB – Canada’s 13 provincial and territorial leaders are coming together to demand change from the federal government.

They say in a joint letter addressed to Prime Minister Justin Trudeau that Ottawa must take “immediate action to strengthen Canada’s bail system to better protect the public and Canada’s heroic first responders.”

The premiers state that there have been growing calls for changes that would keep accused persons who are released from custody on bail from committing further criminal acts.

A portion of the letter reads, “The justice system fundamentally needs to keep anyone who poses a threat to public safety off the streets. And this starts with meaningful changes to the Criminal Code, an area solely within the federal government’s jurisdiction.”

As one example of the change being called for, the politicians are asking for a “reverse onus” on bail for the offence of possession of a loaded prohibited or restricted firearm.

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A person charged with this offence would have to demonstrate why their detention is not justified when they are alleged to have committed an offence in which there was an imminent risk to the public.

The premiers would also want to see reviews of other firearms-related offences to see if they should also have a reverse onus on bail.

Alberta Premier Danielle Smith, who is among the signatories on the letter, says in a tweet that, “All of Canada’s Premiers agree: it is time to strengthen Canada’s criminal code to better protect all Canadians. Alberta is resolved to see meaningful changes in our bail system, including reverse onus for those charged with firearms-related offences.”

Prime Minister Justin Trudeau says his government is looking at the matter of bail reform “carefully” and “quickly.”

Trudeau told reporters in Saskatoon on Monday, January 16, 2023, that he understands “there’s a real concern out there” and “challenges around impacts, particularly on Indigenous or minority groups” have to be taken into account.

Diana Ebadi, spokesperson from the federal Ministry of Justice, told LNN in a statement that “It is a top priority of our government to work with the provinces and territories to keep Canadians and our communities safe.”

The justice department will take the “necessary time” to analyze the proposal from the premiers.

“These initiatives are a sign to Canadians that their government is working 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,” says Ebadi.

She adds that, at November’s federal-provincial-territorial meeting of justice and public safety ministers, it was agreed that officials would look at Canada’s bail system in detail ad that this work is ongoing.

READ MORE: Trudeau says Ottawa looking at bail reform after letter from premiers demands action