Liberals’ bail-reform bill sparks concerns about need for more legal aid funding

Oct 6, 2023 | 9:17 AM

OTTAWA — Many in Canada’s legal community are expressing concern about how the overloaded court system could be affected by a Liberal bill that would make bail harder to access for some people facing criminal charges.

Senators on a committee probing the legislation will enter the final phase of their study next week by going over the legislation clause by clause and suggesting amendments.

Federal Justice Minister Arif Virani has encouraged the Senate to pass the bill quickly, saying the fact that all provincial and territorial governments pushed for the measures underlines their urgency. 

But civil society groups and legal advocates representing people who are Black, Indigenous or otherwise marginalized say its measures could worsen the overrepresentation of such groups behind bars — something Liberals have promised to address.

The bill would require people accused of some firearm and weapon offences to argue why they should be released while they await trial, rather than requiring Crown prosecutors to show why they should remain jailed.

Criminal lawyers, legal aid groups and some senators say they worry about straining legal aid services and provincial court systems, which are already struggling to ensure that cases are heard in a time frame that complies with the Charter of Rights and Freedoms.

This report by The Canadian Press was first published Oct. 6, 2023. 

The Canadian Press