Legal groups voiced concerns about the potential for systemic bias in the proposed reforms
The Ontario government has called on the federal government to tighten bail restrictions for repeat and violent offenders, a move supported by police associations but criticized by legal and advocacy groups over concerns about due process and systemic bias.
The call for reform includes concrete measures intended to address concerns over public safety by reducing bail access for individuals facing serious charges.
Graham McGregor, Ontario’s Associate Minister of Auto Theft and Bail Reform, criticized the federal government’s approach, stating, “The federal government’s failure to restrict bail access and get tough on crime is making Ontario communities less safe.” McGregor highlighted Ontario’s efforts to improve the judicial system by increasing the number of judges, prosecutors, and support for police. However, McGregor asserted that provincial efforts alone are insufficient without federal action to change bail laws.
The Ontario government proposes specific measures, including restoring mandatory minimum sentences for serious crimes, removing bail eligibility for offences such as murder, terrorism, intimate partner violence, and drug trafficking, and implementing a “three-strike” rule requiring pre-trial detention for repeat offenders. Other proposed reforms include reintroducing conditional sentencing restrictions for serious crimes, requiring ankle monitors for certain bail conditions, and removing credit for time spent in pre-trial detention for repeat and violent offenders.
Ontario has taken steps to address concerns about rising crime, committing $29 million earlier this year to appoint additional judges and hire Crown prosecutors to reduce the backlog in criminal courts. Additional funding has been allocated to strengthen law enforcement capabilities and improve bail compliance monitoring. For instance, $48 million is designated to expand the Ontario Provincial Police (OPP) Repeat Offender Parole Enforcement (ROPE) Squad to establish a dedicated bail compliance unit focused on apprehending high-risk offenders who violate bail terms.
Several legal groups, including the Federation of Ontario Law Associations (FOLA) and the Canadian Civil Liberties Association (CCLA), express concern that the proposed measures infringe on the presumption of innocence and due process rights. FOLA argued that limiting bail for certain offences could undermine the Charter’s guarantee of reasonable bail, noting that “a criminal charge is not a conviction.” FOLA emphasized the need for evidence-based safeguards to prevent abuse of the justice system and protect individuals’ rights.
The Ontario government’s proposal has also sparked criticism from advocacy groups representing Black Canadians, who argued that the reforms could disproportionately impact marginalized communities without effectively enhancing public safety. The Black Action Defence Committee, the Canadian Association of Black Lawyers, and the Black Legal Action Centre issued a joint letter warning that the measures risk reversing gains in addressing systemic bias within the justice system.
Ontario’s government continues to urge federal lawmakers to adopt these changes, asserting that they are necessary to ensure community safety and justice for victims.
