The federal government has introduced a sweeping Bail and Sentencing Reform Act, promising to keep violent and repeat offenders behind bars and make it harder to get bail.
To unpack what’s really in this legislation — and whether it will actually make a difference — Rob Dhanu KC, former Crown prosecutor and co-founder of Dhanu Dhaliwal Law Group, joined Global News for an in-studio interview.
In the conversation, Rob explains which parts of the bill are meaningful, which are political re-branding, and why the real problems in Canada’s justice system won’t be solved by rewriting laws that already exist.
Transcript (Edited for Clarity)
Host (Global News):
The federal Liberals are introducing new bail reform legislation today aimed at keeping violent and repeat offenders off the streets by making it harder to get bail.
To discuss this, we’re joined by Rob Dhanu KC, a former Crown prosecutor and now a criminal defence lawyer.
Good morning, Rob — thanks for joining us.
Rob Dhanu KC:
Good to be here, bright and early.
Host:
So what are some of the changes Prime Minister Mark Carney is proposing, and how are they different from the current rules?
Rob Dhanu KC:
Do you want the good news first or the bad news?
Host:
Let’s start with the good news.
Rob Dhanu KC:
Alright — two positives.
First, Prime Minister Carney has promised $1.8 billion over four years for the RCMP, including 150 new officers focused on organized and high-level crime. That’s important. The United States prosecutes complex crimes effectively because it invests heavily in resources, and that’s exactly what Canada needs.
Second, this legislation appears constitutional, unlike slogans we’ve heard before such as “jail, not bail,” which would never withstand a Charter challenge.
Host:
And how would these changes apply to certain crimes and offenders?
Rob Dhanu KC:
There are four main pillars — but the big question is whether any of this will make our streets safer. Unfortunately, the answer is no.
First, reverse-onus bail. That means the accused must show why they should be released, rather than the Crown showing why they should be detained. But we already have reverse-onus provisions for organized crime, terrorism, and — since Bill C-48 two years ago — for repeat violent and repeat domestic offenders. Are Canadians safer now than two years ago? Probably not.
Second, consecutive sentences. Carney says offenders will now serve consecutive sentences, but judges already must impose them when offences occur at different times or are different in nature. Nothing new there.
Third, higher maximum sentences for certain offences like theft. That sends a signal to judges, but maximum sentences are reserved for extreme cases and rarely applied.
Fourth, limiting conditional sentence orders (house arrest) for specific sexual offences. That’s already been litigated at the Supreme Court of Canada and will likely be challenged again.
Host:
Will tougher bail and longer sentences actually deter criminals?
Rob Dhanu KC:
No. Most offenders struggle with mental-health or addiction issues — they’re not thinking about the law when they commit a crime.
If deterrence worked, the United States would be the safest country in the world. It has 5 percent of the world’s population but 20 percent of its inmates, and yet American cities still face high levels of lawlessness.
Host:
If more people are kept in custody, what impact could that have on Canada’s prison system?
Rob Dhanu KC:
Our jails are already overcrowded. In Ontario, for example, five years ago about 57 percent of accused were out on bail — now it’s 50 percent, meaning more are in custody.
We also have 20 percent more people awaiting trial behind bars than just a year ago. It costs about $100,000 per inmate per year in a regular facility and roughly $200,000 in maximum security. If we want to jail more people, Canadians need to be ready to pay for it.
Host:
So you don’t believe these proposed changes will reduce reoffending?
Rob Dhanu KC:
Unfortunately not. The laws aren’t the problem — the process is.
In Manitoba, prosecutors have filed a grievance saying they need 20 percent more staff. We need more prosecutors, more police, and better coordination between them. Fixing the system will have more impact than passing new laws that repeat what we already have.
Host:
Rob Dhanu KC, thank you for your insight.
Rob Dhanu KC:
My pleasure.
As Rob Dhanu KC told Global News, Canada’s justice system doesn’t need recycled legislation — it needs real investment in people, process, and prevention.
Public safety improves when the system works efficiently, when prosecutors and police are properly resourced, and when root causes like addiction and mental-health issues are addressed.
At Dhanu Dhaliwal Law Group, we use our experience on both sides of the courtroom — prosecution and defence — to fight for fairness, accountability, and smarter justice reform.
For legal guidance in criminal, family, or immigration law, call 604-746-3330 or visit DDLaw.ca
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