Ottawa Commits to ‘Targeted Reform’ of Bail System: Justice Minister

Justice Minister David Lametti speaks during a Federal-Provincial-Territorial Ministers press conference on bail reform, in Ottawa on March 10, 2023. (Spencer Colby/The Canadian Press)

The federal government will move forward quickly on a “targeted reform” of Canada’s bail system, Justice Minister David Lametti said after meeting with his provincial and territorial counterparts to discuss new bail legislation.

“The reforms will address the challenges posed by repeat violent offenders, as well as offences committed involving the use of firearms and other weapons,” Lametti said at a March 10 press conference in Ottawa.

The commitment comes as the federal government faces mounting pressure for bail reform after the murder of Const. Greg Pierzchala, a member of the Ontario Provincial Police (OPP), at the hands of a repeat offender who was released on bail.

All of Canada’s 13 premiers signed a joint letter in January urging the government to review the bail system in response to the death of the 28-year-old officer. The premiers suggested a “reverse onus on bail” for the offence of possessing a loaded prohibited or restricted firearm, which would require an individual accused of that crime to demonstrate why they should be granted bail.

Lametti would not comment on whether those specific provisions are coming but said it is something that the government is considering.

The minister, however, described Pierzchala’s death as “a catalyst for change.”

“Bail is a constitutional right, but it is not absolute,” he 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.”

“We all know that public confidence in our criminal justice system has been affected by recent events. I hope our work today will help to reverse that trend.”

Bill C-75

Randall McKenzie, one of the two people charged with first-degree murder in relation to Pierzchala’s death, was previously denied bail in a separate case involving assault and weapons charges but was later released after a bail review. His release was reported to have been largely due to his indigenous identity, which must be specially considered by judges according to federal law.

This prompted critics to challenge Bill C-75, legislation passed by the Liberal government in 2019 that modified bail provisions with a focus on addressing “overrepresentation of Indigenous persons and accused from vulnerable groups who are traditionally disadvantaged in obtaining bail,” according to background information on the bill from the Department of Justice.

When asked if the reform announcement is an acknowledgement that Bill C-75 made bail too easily obtained, Lametti didn’t give a direct answer, and instead said the commitment made on March 10 takes “other actions with respect to the Criminal Code.”

The Canadian Press contributed to this report