CCLA Urges MPs to Adopt Senate Amendments to Bill C-14 on Bail Reform

The Canadian Civil Liberties Association urges the House of Commons to adopt the amendments passed by the Senate to Bill C-14.

Shakir Rahim, Director of the Criminal Justice Program, said: “Bill C-14 makes it easier to detain people presumed innocent before trial, and it will hit Indigenous, racialized, and low-income communities hardest. The Senate amendments will not eliminate those harms, but they will reduce them and ensure better evidence for future policymaking.”

Three amendments suggested by the CCLA and other groups were passed by the Senate:

1.  A safety valve provision for the new ban on sureties who have been convicted of an indictable offence in the past 10 years. This would ensure that where someone is rehabilitated, a judge can exercise case-by-case discretion to appoint them as a surety. This is particularly important in northern or remote communities where another suitable surety may be unavailable.
2.  A requirement that a justice inquire whether the parties have considered s. 493.2 of the Criminal Code when making a bail order. Section 493.2 requires justices to consider the circumstances of vulnerable groups overrepresented in the criminal justice system, including Indigenous persons.
3.  Strengthening the new annual bail system reporting requirement for the Minister of Justice. The amendment requires data reporting on pre-trial detention rates, coordination with Statistics Canada on bail data, and consultation with individuals and organizations with specific expertise in criminal justice system data collection.

Howard Sapers, Executive Director, added, “The CCLA remains deeply concerned with Bill C-14, particularly with respect to new reverse onus provisions that apply to first-time, non-violent offenders and remain in the legislation.”

The CCLA’s written brief to the Senate Committee on Legal and Constitutional Affairs can be read here.