Liberals propose major criminal justice changes to unclog Canada's courts
The Liberal government tabled a major bill to reform Canada's criminal justice system today with measures designed to close gaps in the system and speed up court proceedings, including an end to preliminary inquiries except for the most serious crimes that carry a life sentence.
Changes also include an end to peremptory challenges in jury selection, which became a flashpoint during the trial of Gerald Stanley, who was found not guilty of second-degree murder in the death of 22-year-old Indigenous man Colten Boushie.
Some observers said the process was biased because the defence team excluded five potential jurors who appeared to be Indigenous. CBC News has not independently determined the reason for their exclusion.
Another proposed reform in the bill will put a reverse onus on bail for people who have a history of domestic abuse, which would require them to justify why they should be released after a charge.
Justice Minister Jody Wilson-Raybould will formally announce the changes at 2:15 p.m. today and CBCNews.ca will carry her news conference live. Several other MPs and stakeholders will also attend.
New measures aim to address a 2016 Supreme Court ruling that stayed drug charges against Barrett Richard Jordan after he waited 49 months for a trial.
That 5-4 judgment described a culture of complacency around court delays and set strict time limits for criminal trials — 18 months for proceedings at provincial court and up to 30 months for cases at Superior Court. That sent provinces and territories scrambling for ways to meet the new timeframes, and has led to hundreds of cases being dismissed due to lengthy delays.
The bill will put an end to preliminary inquiries, which could help shorten the trial process. But many criminal defence lawyers are opposed to the idea, saying it could have the opposite effect, since the preliminary inquiry process can weed out some cases that don't, in the end, have enough evidence to go to trial.
Country-wide consultation
The announcement comes after Wilson-Raybould wrapped up 18 months of cross-country consultations with stakeholders and her provincial and territorial counterparts. A report on the results of that process published this month said participants called for changes to "administration of justice" offences that are blamed for creating backlogs in the system.
Those offences pertain to when a person doesn't follow bail or sentencing orders, including breach of probation, failure to appear in court, and failure to comply with conditions set by a court.
"In particular, they cited 'condition creep,' where excessive conditions are placed on an accused person in the name of public safety," the report reads. "Participants said that many of these conditions do not contribute to public safety and can set people up to fail, resulting in longer criminal records."
It used the example of a court ordering an alcoholic not to consume alcohol, but the person doesn't get the community support they need to stop drinking.
Participants also said courts sometimes place conditions on people who don't have the mental capacity to understand and follow them.
Vulnerable, marginalized people
The report said many believe the system is overburdened with vulnerable and marginalized people, which it is not intended to treat.
"As well, they felt the system is burdened with a large number of lower level offences that are not a public safety concern," it reads.
Wilson-Raybould was tasked in her mandate letter from Prime Minister Justin Trudeau to review and assess changes in the criminal justice system over the past decade, including sentencing reforms, and to increase community safety, get value for money and address gaps in the system.
She was also directed to increase the use of restorative justice.
The Liberal government tabled a major bill to reform Canada's criminal justice system today with measures designed to close gaps in the system and speed up court proceedings, including an end to preliminary inquiries except for the most serious crimes that carry a life sentence.
Changes also include an end to peremptory challenges in jury selection, which became a flashpoint during the trial of Gerald Stanley, who was found not guilty of second-degree murder in the death of 22-year-old Indigenous man Colten Boushie.
Some observers said the process was biased because the defence team excluded five potential jurors who appeared to be Indigenous. CBC News has not independently determined the reason for their exclusion.
Another proposed reform in the bill will put a reverse onus on bail for people who have a history of domestic abuse, which would require them to justify why they should be released after a charge.
Justice Minister Jody Wilson-Raybould will formally announce the changes at 2:15 p.m. today and CBCNews.ca will carry her news conference live. Several other MPs and stakeholders will also attend.
New measures aim to address a 2016 Supreme Court ruling that stayed drug charges against Barrett Richard Jordan after he waited 49 months for a trial.
That 5-4 judgment described a culture of complacency around court delays and set strict time limits for criminal trials — 18 months for proceedings at provincial court and up to 30 months for cases at Superior Court. That sent provinces and territories scrambling for ways to meet the new timeframes, and has led to hundreds of cases being dismissed due to lengthy delays.
The bill will put an end to preliminary inquiries, which could help shorten the trial process. But many criminal defence lawyers are opposed to the idea, saying it could have the opposite effect, since the preliminary inquiry process can weed out some cases that don't, in the end, have enough evidence to go to trial.
Country-wide consultation
The announcement comes after Wilson-Raybould wrapped up 18 months of cross-country consultations with stakeholders and her provincial and territorial counterparts. A report on the results of that process published this month said participants called for changes to "administration of justice" offences that are blamed for creating backlogs in the system.
Those offences pertain to when a person doesn't follow bail or sentencing orders, including breach of probation, failure to appear in court, and failure to comply with conditions set by a court.
"In particular, they cited 'condition creep,' where excessive conditions are placed on an accused person in the name of public safety," the report reads. "Participants said that many of these conditions do not contribute to public safety and can set people up to fail, resulting in longer criminal records."
It used the example of a court ordering an alcoholic not to consume alcohol, but the person doesn't get the community support they need to stop drinking.
Participants also said courts sometimes place conditions on people who don't have the mental capacity to understand and follow them.
Vulnerable, marginalized people
The report said many believe the system is overburdened with vulnerable and marginalized people, which it is not intended to treat.
"As well, they felt the system is burdened with a large number of lower level offences that are not a public safety concern," it reads.
Wilson-Raybould was tasked in her mandate letter from Prime Minister Justin Trudeau to review and assess changes in the criminal justice system over the past decade, including sentencing reforms, and to increase community safety, get value for money and address gaps in the system.
She was also directed to increase the use of restorative justice.
