Jan 23
The lawyers of Lockyer Zaduk Zeeh are experienced Toronto bail lawyers. We place substantial emphasis on our client’s freedom whether that is during the bail hearing phase or on a bail review. We work with you and your sureties to ensure you have the best chance of release pending your trial.
If you need an experienced lawyer to represent you at your bail hearing, reserve onus bail hearing, bail review, or bail pending appeal, call us at (416) 613-0416 or (416) 595-9500 or contact us at info@lzzdefence.ca for a free consultation.
Recent Reforms to the Bail System
On January 4, 2024, the Criminal Code was amendment, which includes the following:
- create a new reverse onus to target serious repeat violent offending involving weapons;
- expand the list of firearms offences that trigger a reverse onus;
- broaden the reverse onus targeting repeat offenders of domestic violence;
- clarify the meaning of the terms “prohibition order” in an existing reverse onus for offences involving weapons;
- require courts to consider an accused person’s history of convictions for violence when making a bail decision;
- require courts to state on the record for any bail decision that they have considered the safety and security of the community in relation to the alleged offence, thereby increasing accountability to the public; and
- require courts to state on the record for any bail decision how they have considered the particular circumstances of Indigenous accused and accused from vulnerable overrepresented populations, as required by s. 493.2 of the Criminal Code.
Expanding the List of Firearms Offences that Trigger a Reverse Onus
This amendment adds several firearms offences to an existing reverse onus for bail, specifically:
- Unlawful possession of a loaded (or easily loaded) prohibited or restricted firearm (s. 95)
- breaking and entering to steal a firearm (s. 98)
- robbery to steal a firearm (s. 98.1); and,
- making an automatic firearm (s. 102).
Requirement for Courts to Consider, for any Bail Decision, an Accused Person’s History of Convictions for Violence when Making a Bail Decision
The Criminal Code currently requires that before making a bail order, courts must consider any relevant factor, including the criminal record of the accused person or if the charges involve intimate partner violence (ss. 515(3)).
This provision of the Criminal Code has been amended to further require courts to consider if the accused’s criminal record includes any past convictions for violent offending.
Requirement for Courts to State on the Record for any Bail Decision how they have Considered the Particular Circumstances of Indigenous Accused and Accused from Vulnerable Overrepresented Populations as Required by s. 493.2 of the Criminal Code
This amendment adopted by the Senate adds a new provision to the Criminal Code requiring all justices to state on the record how they applied s, 493.2 of the Criminal Code. Section 493.2 requires bail courts to consider the circumstances of Indigenous accused and accused persons who come from vulnerable populations, who are overrepresented in the criminal justice system and face barriers to obtaining bail.
The effect of the amendment will be to codify existing common law requirements that have been developed by courts in applying s. 493.2. It also supports a more consistent approach to how the provision is being applied across Canada.
