Welcome changes to the bail system
Alternatives for Women is glad to see that the government seems intent on moving Bill C-48 quickly through the legislative system. Bill C-48 is the bill to strengthen Canada’s bail regime, and according to news reports the government wants the bill to have moved to the Senate before Parliament breaks for the summer. Having the bill at the Senate means that it’s one step closer to becoming law.
The government says that the bill will enhance public safety, and improve confidence in the judicial system. But for our clients it is their own safety (and that of their children) that they are concerned about when their abusers go before the courts and request bail. Under the new system, an offender’s history will be considered. What will be considered is not only whether an accused person has been convicted of crimes related to intimate partner violence before, but the court will also have to consider whether an accused person has received a discharge for such crimes. If an accused receives a discharge, they do not have a criminal record.
Previously if an abuser had been discharged, this history was not considered. An abuser could plead guilty several times for the same offense, serve their brief time*, then go on to repeat the crime time and again with no impact on their chances of receiving bail. If passed, Bill C-48 would change this.
Women who know their abuser has been charged, would no longer need to wonder if it is a conviction, a guilty plea, or some other kind of discharge. They could count on the history of their abuser being considered, as well as their own safety. They would know that their experience and bravery in telling their story may protect another woman one day.
These are changes that have been being called for over the past decade by many in the violence against women sector. We are grateful to see that those calls are now being answered, and that the government seems keen to truly follow through.
* Typical sentence lengths for 85% of convictions was 6 months or less the last time Statistics Canada collected data. Anecdotal evidence suggests this remains the case.