By Canadian Press

Liberals’ new bail reforms could run up against Charter, have limited impact: experts

May 17, 2023 | 12:50 PM

OTTAWA — Experts say a Liberal bail reform bill introduced this week could be subject to a Charter challenge and see limited results. 

The bill aims to make it harder for some repeat violent offenders to seek pretrial release, by putting the onus on them to prove why they should be granted bail. 

Danardo Jones, an assistant professor at the University of Windsor’s law school, says he isn’t sure the bill would pass constitutional muster.

Jones says the Supreme Court has cautioned governments before on any expansion of what are known as reverse onus measures.

The Charter of Rights and Freedoms guarantees that anyone who is charged with a crime will not be denied reasonable bail without just cause.

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Queen’s University sociologist Nicole Myers says the impact of the new law could be “limited” because the measures don’t address the root causes of crime.

This report by The Canadian Press was first published May 17, 2023.

The Canadian Press