Former Crown Prosecutor Rob Dhanu KC is interviewed on the Jas Johal show by Rob Fai. With intimate knowledge of the prosecution system and the criminal code of Canada and now as one of the leading Criminal Defence lawyers in British Columbia, Rob Dhanu KC offers a unique perspective and clarity on Bill C-48.
You can listen to the interview below by simply pressing play on the audio player below:
From the Government of Canada Website – Bill C-48: An Act to amend the Criminal Code (bail reform)
“Bill C-48 contains a preamble recognizing key principles governing the bail system in Canada, including Charter rights in relation to bail. Bill C-48 would make several amendments to the Criminal Code. The amendments strengthen Canada’s bail system, particularly in relation to repeat violent offending and offences involving firearms or other weapons, such as knives or bear spray. They seek to better ensure the protection of public safety and to maintain public confidence in the administration of justice.
The Bill would establish several new situations where a reverse onus would apply in a bail hearing. The usual rule in bail proceedings is that the burden is on the prosecution to demonstrate to the court that there is just cause to detain the accused person pending trial. The three statutory grounds for pre-trial detention are: to ensure the appearance of the accused in court when required, to protect the safety of the public, and to maintain confidence in the administration of justice. In a reverse onus proceeding, the presumption is that the accused person will be detained while awaiting their trial, unless they can demonstrate to the court that they should be released by showing that there is no just cause for their detention.
The Criminal Code currently provides for a reverse onus where a person is charged with certain  specific firearms-related offences. Bill C-48 would add four other firearms-related offences to this list: specifically, those under Criminal Code sections 95 (possession of prohibited or restricted firearm with ammunition), 98 (breaking and entering to steal firearm), 98.1 (robbery to steal firearm), and 102 (making an automatic firearm). The Bill would also enact a new reverse onus that would apply to serious repeat violent offending involving firearms and other weapons. This new reverse onus would apply where a person is charged with a serious offence (i.e. one with a maximum penalty of at least 10 years imprisonment) involving violence (used, threatened or attempted) and the use of a weapon, where the person has been convicted within the last 5 years of an offence meeting the same criteria. Finally, the Bill would expand the existing reverse onus for repeat intimate partner violence, which currently applies where the accused was previously convicted of such an offence. Bill C-48 would broaden the reverse onus so it would also apply to situations where the accused was previously discharged for an intimate partner violence offence. Persons who are discharged have been found guilty or pled guilty to the offence charged.”
