Bill C-75 gained Royal Assent in June. However, the changes it brings to the justice system only came into force this week.
Acumen Law Corporation has previously spoken out against Omnibus Bill C-75. In fact, Kyla Lee testified at the House of Commons Standing Committee on Justice and Human Rights against the legislation. Its stated aim was to address issues that contribute to delays in the justice system and provide help to vulnerable Canadians. We argued that the sweeping reforms will actually do more harm than good. We will now start seeing soon who was right.
Here are some of the changes that came into effect on September 19.
Elimination of preliminary inquiries
Perhaps the biggest change is the elimination of preliminary inquiries except for serious offences liable to a maximum of 14 years or more imprisonment. Preliminary inquiries mainly serve as a pre-trial screening process to determine if the Crown has sufficient evidence to warrant a trial. They are also crucial for discovery for the defendant’s lawyer so they can build as strong a defence as possible.
Elimination of preemptory challenges in jury selection
Under the previous system, both Crown and defence counsel had a set number of preemptory challenges they could make during jury selection. This served an important function in ensuring potential jurors would perform their duties properly.
Bill C-75 abolishes peremptory challenges. The reason given for this was to prevent discrimination in the jury selection process. And preemptory challenges have been vulnerable to abuse in the past, doing away with them altogether eliminates a valuable tool for both sides of the Court. It’s the legal equivalent of the government taking its ball and going home.
Increasing penalties for summary offences
One of the most egregious of the changes Bill C-75 brings into force is changing the maximum penalty for a summary offence conviction from 6 months to 24 months less a day of imprisonment.
Sure, giving judges a wider range of punishments may deter people from reoffending, but, at the other end of the scale, first-time offenders and people convicted of less serious offences are open to harsher punishments. In some cases, this would be like using a sledgehammer to crack a nut.
Limitation period for summary offences
In addition to increasing penalties for summary offences, the Bill increases the limitation period for summary offences from six to 12 months. This is an obvious response to R. v. Jordan which set in motion the series of events that snowballed into Bill C-75.
The intention is to allow the Crown more time to build its case and gather evidence. On the other side of the coin, this will have a significant impact on the defence counsel. Any measure that gives an advantage to one side is, by definition, unfair.
Reversing Onus in Bail Hearings
Bill C-75 amends the Criminal Code to reverse the onus during bail hearings to the accused in cases of a violent offence involving an intimate partner if the accused has a prior violent conviction against a partner.
The Charter enshrines our right to bail. It can only be denied with just cause or if a defendant has already breached their bail conditions. Reversing the onus in these circumstances is arguably unnecessary and runs counter to our Charter rights.
Things may look pretty bleak for people accused of a criminal offence right about now but not all is lost. Hiring a good lawyer still significantly increases your chances of acquittal. Acumen Law Corporation is fully up to date with the Criminal Code changes. In fact, we have fought them every step of the way since their inception. Call us for a free consultation on 604-685-8889.