Mr. Speaker, I will begin by stating that I am will be sharing my time with the member for Châteauguay—Les Jardins‑de‑Napierville
I am pleased to rise in the House today to discuss the motion moved by the member for Battle River—Crowfoot about bail. This is an important opportunity to reaffirm our government's commitment to public safety and the integrity of our criminal justice system while ensuring that our bail laws strike the right balance between protecting our communities and respecting the rights guaranteed by the Canadian Charter of Rights and Freedoms.
Bail is the legal mechanism by which individuals charged with a criminal offence can be released pending trial. It is a fundamental part of our justice system that reflects the importance of the presumption of innocence and the right not to be denied reasonable bail without valid grounds, as provided for in section 11(e) of the Charter.
Canadian bail laws aim to ensure that accused persons appear in court when required, that public safety is protected, and that confidence in the administration of justice is upheld. These principles, known as primary, secondary, and tertiary grounds, guide judicial decisions relating to the detention or release of an accused person.
Bail is therefore not just a legal concept. It reflects our democratic values here in Canada. It ensures that people are not unnecessarily detained before their trial, while providing courts with the tools they need to manage any risks to the public. When there are concerns that an accused person may reoffend or pose a threat to victims or the public, courts can impose strict conditions or deny bail.
At the same time, our bail system must take into account the reality of marginalized communities, such as indigenous peoples and vulnerable and under-represented populations, in pre-trial detention. That is why our laws require police and the courts to consider the unique circumstances of these individuals when making bail decisions.
The government has taken practical measures to modernize and improve the bail system. In 2019, Parliament passed former Bill C‑75, which introduced the most significant bail reforms in decades. Thanks to these reforms, the circumstances of indigenous accused and accused from vulnerable populations are taken into account by the courts when assessing risk. These reforms also strengthened protection for victims of domestic violence by adding additional reverse onus provisions in such situations.
Recent reforms introduced by former Bill C‑48, which received royal assent in December 2023, strengthened Canada's bail system by expanding the use of reverse onus provisions and requiring the accused to demonstrate why they should be free. These changes mainly target violent repeat offenders, particularly those who have been charged with offences involving firearms, knives, bear spray or other weapons.
Bill C‑48 also expanded the reverse onus provisions to cases of domestic violence and required the courts to specifically consider the accused's history of violence and the safety of the community when making decisions regarding bail.
Our government developed these reforms in close collaboration with the provinces, territories and law enforcement agencies. More recently, in response to concerns regarding violent recidivism, the government worked closely with the provinces and territories to look at other possible improvements. Our government is committed to ensuring that our bail laws work as intended across Canada and that they effectively respond to new challenges. Public safety remains our government's top priority.
We have just spent a couple of days talking about safety. This fall, we will be introducing a bill that will continue to address these issues. The Criminal Code already contains robust provisions for certain serious offences, including those involving firearms or organized crime. Reverse onus provisions apply, requiring each accused to show why they should be free.
Courts can also impose conditions to protect victims and the public. The government also recognizes that detention cannot guarantee public safety. That is why our government is investing in community justice centres, drug treatment courts and other initiatives that tackle the root causes of crime, such as mental health and substance use. These integrated approaches promote rehabilitation, reduce recidivism and improve community well-being.
People in Canada want a fair, effective and reliable justice system. They want to know that dangerous individuals will be properly dealt with and that our laws reflect the crime happening in our communities. Canadians also want a system that respects the Charter. That is exactly what the government is doing by strengthening legal tools, supporting law enforcement and investing in prevention as well as bail system reforms that will protect everyone in Canada while upholding our democratic values.