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EDITOR’S NOTE: This article originally appeared on The Trillium, a new Village Media website devoted to covering provincial politics at Queen’s Park.
The move by Prime Minister Justin Trudeau's government is promised to come following months-long public and private lobbying efforts by provincial governments to make it harder for violent and repeat offenders to qualify for release from jail while they await a trial. He also said there's a "good degree of support" from each of the federal parties with seats in the House of Commons. "So I'm optimistic that we might be able to move it through expeditiously," Lametti said.
"So instead of the Crown having to show why a person ought not to get bail, when you reverse the onus the person has to show why he, let's say, wouldn't be a threat to public safety," Lametti explained. "It changes the starting position and it sends a signal that we want the person — a justice of the peace, a judge, or whoever's acting on the bail hearing — to send a message to that person that we take these kinds of crimes seriously.
Canadian courts have upheld Section 11 rights against various past challenges and cited it to strike down certain past reverse-onus requirements that federal parliaments have passed. All 13 of Canada's premiers were signatories of a letter sent to Trudeau on Jan. 13 that urged the federal government to take "immediate action" to strengthen bail requirements and singled out a call to create a reverse onus on bail for anyone accused of possessing an illegal firearm.
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