The federal Liberals worked with the B.C. NDP to develop the new bail reform legislation, with major parts of the bill added at B.C.’s urging, according to Sean Fraser, Canada’s minister of justice and attorney general. B.C. Premier David Eby appeared alongside Fraser in Victoria on Monday (Oct. 27) to show support for the reforms, introduced in Parliament last week, that would, among other things, expand “reverse onus” provisions that put the burden on a prisoner to prove they should be released. “It’s great to be here with you to mark the introduction of a bill in federal Parliament that British Columbia has been advocating for for a long time,” Eby said, adding he is “very grateful the federal government has heard our concerns.” More than 80 measures are included in the bail bill in addition to “reverse onus” provisions, some that make it more difficult for violent and repeat offenders to get bail, and others that strengthen sentencing laws. Stronger sentencing rules include the addition of possible consecutive prison terms, instead of concurrent ones. Fraser gave the example of someone convicted of both arson and extortion. The way things are set up now, those sentences would be served simultaneously. This bill would make it so the guilty person must serve the terms back-to-back. Fraser said that much of the bill was developed through conversations with provincial leaders, and the reverse onus provision in particular came “directly” from B.C. Attorney General Niki Sharma. This provision would be extended to those convicted of a crime, but not yet sentenced. Attention in B.C. has been focused on the need for changes to what happens when a person is waiting to be sentenced after the death of Bailey McCourt, who was killed in broad daylight in Kelowna last summer. The accused is her former partner, released from jail just hours before. He was convicted of uttering threats and assault by strangulation, but released to await sentencing. McCourt’s family have pushed for Bailey’s Law, which would create a domestic violence registry, GPS monitoring for certain high-risk individuals and mandatory first-degree murder charges for killings related to intimate partner violence. B.C. Conservative MLA Gavin Dew argued the only reason these changes weren’t included in the current bail reform bill is that Conservative MP Frank Caputo (both Dew and Caputo represent the Kelowna area) has introduced a similar bill. “What’s happening is the federal government does not want to give a win to the Conservatives,” Dew said. Dew still supports much of the bail reform bill, calling it a “step in the right direction,” but said Fraser and Eby are “playing politics” by not including the Bailey’s law provisions. Eby said he is meeting with McCourt’s family on Monday afternoon, and Fraser said a new bill will be tabled before Christmas that deals specifically with intimate partner violence and sexual violence. “We had a very useful discussion today before we joined here in public about what the family had requested through the provincial government in B.C,” Fraser said. Eby said he has had conversations with Fraser about the mandatory first-degree murder charges, and Fraser said the bill will include changes related to this. The exact details contained in the second bill will be finalized over the next few weeks, Fraser said. The B.C. Civil Liberties Association has criticized some of the changes in the bail reform bill, arguing it may violate people’s Charter rights. Eby, who is the former executive director of the B.C. Civil Liberties Association, said there needs to be a “balance.” “We need to ensure that people are safe in their communities, and the balance needs to be correct in order for the public to have confidence in the criminal justice system,” he said.
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