Federal bail bill becomes law, but Manitoba lawyers warn more resources needed

Ottawa has officially passed its bail reform legislation, which takes effect in July. CTV's Daniel Halmarson looks at how it will impact Winnipeg.

Canada’s new bail and sentencing reform legislation comes into force July 15.

Bill C-14, the Bail and Sentencing Reform Act, received royal assent on Tuesday. Manitoba politicians, who have been pushing Ottawa for bail reform, are welcoming the changes.

The legislation makes it more difficult to obtain bail for violent and repeat offenders by imposing a reverse onus — shifting the burden of proof from the prosecutor to the accused, who must now demonstrate why they should be released.

The law also toughens sentencing for offences against first responders and for organized retail theft, among other changes.

Justice Minister Matt Wiebe called it a step toward community safety.

“Anytime we’re talking about violent repeat offenders, we knew that we needed to see changes made,” Wiebe said. ”It’s all about keeping communities safe.”

Winnipeg Mayor Scott Gillingham, who has been vocal about retail crime, also welcomed the legislation.

“This is about safety for the public. It’s about making sure that our communities are safer from individuals who have in the past been granted bail. And while they’re out on bail, recommitting crime and wreaking havoc in our communities,” Gillingham said.

But Ben Wickstrom, vice-president of prosecutions with the Manitoba Association of Crown Attorneys, cautioned that tougher laws require more resources to be effective.

“What I would say generally is harsher sentences and a harsher approach results in more litigation. You can double the size of the Criminal Code if you want to, but if there aren’t prosecutors, judges and defence lawyers to handle that work, you’re not going to get very far,” Wickstrom said.

Criminal defence lawyer Chelsea Suderman of Simmonds and Associates also questioned whether the legislation would be enough on its own.

“Until we’re ready to fund additional programs and have people accessing more rehabilitative steps while in custody, I don’t think this is going to do much,” Suderman said.

Wiebe said the new legislation ties into the provincial government’s five-point bail plan, which also includes an electronic monitoring program and the Winnipeg Police Service Bail Compliance Unit.

He added the NDP government has hired more corrections officers and is building a new corrections centre in Dauphin.