Criminal lawyers are raising concerns that proposed changes to Canada\u0027s bail laws won\u0027t be constitutional.
“In our legal system, imposing this many reverse onuses is a new thing,” said Lee, adding the proposed reforms will likely be challenged in court immediately if they become law.
They accompany legislation introduced by the government, but often are not made available until well after a bill is tabled. “They’re trying to be very careful that they write something that is going to form a good part of the record, that’s going to support the legislation being upheld, because it will look like a loss if they write something that has been very quickly struck down.”Article content
He worries the federal government is being too reactive to a vocal minority alarmed over a recent spate of violent crime, and says Ottawa lacks the data to justify its planned changes.The government has admitted to “data gaps” it intends to fill with the help of provinces and has not pointed to statistics showing more violent crime being committed by people on bail.
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