Justice Minister Says Bail System ‘Strong and Sound’ Before Meeting With Provinces to Discuss Bail Reform
Justice Minister David Lametti said Canada has a sturdy bail system before he met with provincial and territorial counterparts as calls for bail reform increase after the killing of an Ontario police officer.
“I believe our bail system is strong and sound. But we are always open to suggestions for improvements, both in terms of law reform and ways in which we might better support the administration of justice and our police officers,” he said while testifying before the House Justice and Human Rights committee on March 6.
Lametti said he will be meeting with provincial and territorial justice ministers on March 10 to discuss bail reform.
All 13 premiers co-signed a letter earlier this year, urging the federal government to review the bail system in response to the death of 28-year-old Const. Greg Pierzchala, a member of the Ontario Provincial Police. In their letter, the premiers suggested a “reverse onus on bail” for certain firearm-related offences, which would require the individual seeking bail to demonstrate why they should not remain behind bars.
Randall McKenzie, a repeat offender and one of the two suspects who fatally shot Pierzchala in December 2022, was reportedly released on bail primarily because of his indigenous identity, which must be specially considered by judges according to federal law. He was banned from owning firearms stemming from court orders issued in 2016 and 2018.
Lametti, however, rejected criticisms of Bill C-75, which modified bail provisions, citing in particular the “overrepresentation of Indigenous persons and accused from vulnerable groups who are traditionally disadvantaged in obtaining bail,” according to background information from the Department of Justice.
Bill C-75, which became law in June 2019, codified a “principle of restraint” that had been affirmed in a 2017 Supreme Court case emphasizing the release of detainees at the “earliest reasonable opportunity” and “on the least onerous conditions,” based on the circumstances of the case.
“Bill C-75 … has made it more difficult to keep individuals—repeat violent offenders—behind bars while they’re awaiting trial. Do you accept that criticism that’s coming unanimously from every premier in this country that says the criminal code changes that you brought in—your government—are having a negative impact on public safety?” asked Conservative MP Rob Moore.
“I don’t accept that,” answered Lametti, adding that the legislation serves to “make the whole criminal justice system more efficient.”
The Conservative has been pushing to repeal Bill C-75 in light of Pierzchala’s death. Efforts include a motion introduced by public safety critic Raquel Dancho in the House of Commons on Feb. 2, asking the government to reform its bail policies. That motion was defeated in a vote of 205–116 on Feb. 6, with the NDP and Bloc Quebecois siding with the Liberals.
Conservative MP Frank Caputo later introduced a private member’s bill on Feb. 9, seeking bail reform legislation at the federal level.
Marnie Cathcart, Noé Chartier, and Peter Wilson contributed to this report
