Mark Carney’s Bail and Sentencing Reform Act: Will It Really Make Our Streets Safer?
The federal government has unveiled sweeping new bail and sentencing legislation aimed at tackling violent and repeat offenders. The proposed Bail and Sentencing Reform Act would introduce reverse-onus provisions for certain violent crimes — requiring accused individuals to prove why they should be released — and mandate consecutive sentences for serious offences like arson, extortion, and break and enter.
While some British Columbians welcome the tougher stance, others question whether the new laws will actually improve public safety. In a Global News report, Rob Dhanu KC, co-founder of Dhanu Dhaliwal Law Group and former Crown prosecutor, offered a measured legal analysis of what the reforms really mean.
Transcript (Edited for Clarity)
Reporter (Kristen Robinson, Global News):
Hit hard by repeat thefts and random disorder, Gourmet Warehouse is taking stock of the federal Liberals’ proposed Bail and Sentencing Reform Act — legislation that would make dozens of changes to the Criminal Code.
Gourmet Warehouse Owner:
“We need the catch and release to cease and desist. We need these people corralled up — the ones committing these horrible crimes, coming into my store and stealing randomly.”
Reporter:
The Act would make it harder for violent and repeat offenders to get out of jail. It would create new reverse-onus provisions for bail — requiring the accused to prove why they should be released — with a sharper focus on intimate partner violence.
The urgency behind the reform follows the July murder of Bailey McCourt, a Kelowna mother of two who was allegedly killed by her ex-husband hours after he had been convicted of uttering threats and assault by strangulation. Despite his conviction, James Plover was not taken into custody until he was charged with second-degree murder.
B.C. Attorney General:
“We made the case to Ottawa. This change will protect people across the country. My hope is that what happened to Bailey will never happen again — not in this province, not in this country.”
B.C.’s Attorney General says she specifically requested reverse-onus provisions for strangulation and choking in intimate-partner crimes, and that convicted offenders be held before sentencing.
Other proposed amendments include:
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Mandatory consecutive sentences for violent auto theft, break and enter, extortion, arson, and repeat violent offences;
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Ending house arrest for certain sexual assault crimes; and
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Restoring driving bans for criminal negligence causing bodily harm, death, or manslaughter.
Reporter:
“The million-dollar question is: once this legislation is passed, will we actually see a difference on the streets?”
Rob Dhanu KC (Dhanu Dhaliwal Law Group):
“Unfortunately, the answer is no. The legislation has fundamental flaws. We already have consecutive-sentence and reverse-onus provisions. They might add a few more offences to the list, but it won’t change the actual tests we see in court every day.”
Reporter:
Despite skepticism, some business owners remain hopeful.
Karen McSherry (Gourmet Warehouse):
“That’s not how we should be living — with full-time security and shuttered windows. But that’s how we are living. So this is really, really important. I’m optimistic things will get better.”
Reporter:
Kristen Robinson, Global News.
Conclusion
As Rob Dhanu KC emphasized, meaningful justice reform cannot come from rebranding old provisions — it must address the deeper systemic issues that lead to crime, from addiction and untreated mental illness to overburdened courts and understaffed Crown offices.
At Dhanu Dhaliwal Law Group, our lawyers see both sides of the justice system — as former prosecutors and defence counsel — and understand what real reform looks like in practice. We believe that safety and fairness must go hand in hand.
To speak with our team, call 604-746-3330.
