CACP Resolution 2023-04 Bail and Firearms Reform to Support Community Safety Submitted by the Law Amendments Committee

WHEREAS a human rights approach to policing requires an appropriate balance to bail and firearms offences reform, founded upon the Charter of Rights and Freedoms, where the rights of the accused are balanced with the rights of victims, survivors, communities, and public safety; and,

WHEREAS

Section of the Charter of Rights and Freedoms provides that ‘[e]veryone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice’; and,

WHEREAS

Section of the Charter of Rights and Freedoms guarantees that every person charged with an offence is ‘presumed innocent until proven guilty according to law’ and they have a right ‘not to be denied reasonable bail without just cause’; and,

WHEREAS while legislative reform is essential to a fair and just criminal justice system, it only forms one part of true bail reform, as police and criminal justice participants need additional resources and data to support innovative solutions which identify persistent serious offending to support evidence-informed decision making within the criminal justice system; and

WHEREAS persistent serious offending, the frequency of previous serious convictions, previous serious convictions when on bail, including whether those convictions involved a weapon or firearm, may be relevant factors in supporting informed decision making as to whether an accused’s detention is necessary for the protection or safety of the public. These factors may also be relevant to identify if there is a substantial likelihood that an accused may commit a criminal offence when on bail in keeping with

Section 515 (10) of the Criminal Code. THEREFORE,

BE IT RESOLVED that the Canadian Association of Chiefs of Police (CACP) calls upon the Federal Minister of Justice to make legislative and policy changes in three areas: 1. Firearms offences; 2. Bail reform where there is persistent serious offending; 3. Resources to support integrated innovative solutions for bail reform, as outlined below. Firearms Offences BE IT FURTHER RESOLVED that the CACP recommends an amendment to the Criminal Code to create an additional route to automatic consideration of First-Degree Murder under

Section 231(4) of the Criminal Code, by including a death that results from the discharge of a firearm in a congregate setting; and, BE IT FURTHER RESOLVED that the CACP recommends amendments to the Criminal Code to require that bail hearings for the most serious firearms offences be heard by a judge of a superior court of criminal jurisdiction or a judge as defined in

section of the Criminal Code, or a provincial court judge and that alleged breaches of a judicial release order be heard by a judge of the same level of court that granted the initial release; and, BE IT FURTHER RESOLVED that the CACP recommends that amendments to the Criminal Code be made to provide sentencing judges with the discretionary ability to increase parole ineligibility to two-thirds of a custodial sentence when the court finds that an offender has discharged a firearm in a congregate setting in committing the offence, and that this discretionary ability on sentencing be extended to those who are found to be parties to such offences.

Persistent Serious Offending BE IT FURTHER RESOLVED that the CACP recommends that

Section 515 (6) of the Criminal Code be amended to include: 1. A new reverse onus for firearm possession offences, including possession of a loaded prohibited or restricted firearm contrary to s. 95 of the Criminal Code; 2. A new reverse onus for repeat violent offenders, including individuals who are charged with a violent offence while on a prior release for a violent offence and/or who have prior convictions or findings of guilt for a violent offence; 3. A definition of “violent offence” as including, but not limited to: a. Offences that cause serious physical or psychological harm; b.

Offences in which a weapon is used in the commission of the offence; or c. Narrowly defined weapon possession offences, such as possession of a weapon while subject to a prohibition order. BE IT FURTHER RESOLVED that the CACP recommends that

Section 515 (6)(b.1) of the Criminal Code be amended to expand the reverse onus provision for intimate partner violence to include a broader range of offences, including those characterized by intimidating, coercive or threatening behaviour irrespective of the presence of overt violence, as well as expanding the applicability of the reverse onus provisions to offenders with prior convictions and/or findings of guilt in relation to their intimate partner(s); and, BE IT FURTHER RESOLVED that the CACP recommends that the Criminal Code be amended to explicitly confirm that the “Ladder Principle” does not apply to a reverse onus bail where an accused is required to show cause why their detention is not justified; and, BE IT FURTHER RESOLVED that the CACP recommends that the

Section 515(6.1) of the Criminal Code be amended to include a more extensive and meaningful requirement for judges to provide reasons for their decision on release, especially in cases involving firearms; and, BE IT FURTHER RESOLVED that the CACP recommends that

Section 515 (10) of the Criminal Code be amended to include a new subparagraph as follows: For greater clarity, when considering factors under

Section 515 (10) (

b) the following are among those considerations that shall weigh substantially against the release of an accused: a. if the court is satisfied that such refusal is reasonably considered necessary to prevent the commission of a serious offence; b. the accused person has previously committed a serious offence while on bail; c. the accused person has previously committed an offence while using a weapon, in particular, a firearm or where a firearm was a party to such an offence; d. the extent to which the number and frequency of any previous convictions of the accused for ‘serious offences’ indicate ‘persistent serious offending’ by the accused, and; e. the nature and likelihood of any danger to the life or personal safety of any person or danger to the community that may be presented by the release on bail of a person charged with an offence punishable by imprisonment for a term of 10 years or more. “Serious offence” means an offence that would be specified in a

Schedule for which a person may be punished by a term of imprisonment of 10 years, including crimes committed with a firearm. Resources to support integrated innovative solutions for bail reform BE IT FURTHER RESOLVED that the CACP recommends that consideration be given to the development of bail dashboards, integrated bail support teams, and the collation and collection of data by criminal justice partners around bail and reoffending, to support evidence-informed decision making around bail reform.