Following the tragic death of an Ontario Provincial Police (OPP) officer, Canada's 13 premiers have unanimously urged the federal government to take "immediate action" to strengthen the country's bail system. ."The justice system fundamentally needs to keep anyone who poses a threat to public safety off the streets. And this starts with meaningful changes to the Criminal Code, an area solely within the federal government's jurisdiction," the letter reads..The letter, which originated from Ontario Premier Doug Ford's office, was mailed to Prime Minister Justin Trudeau (Papineau, QC) on Friday. It comes after the killing of 28-year-old OPP Const. Greg Pierzchala in late December. Pierzchala was shot and killed after responding to a call of a car stuck in a ditch just west of Hagersville, ON..Randall McKenzie, 25, and his girlfriend Brandi Stewart-Sperry, 30, are both facing charges of first-degree murder. McKenzie, who was banned from owning firearms after assaulting a peace officer in 2021, was out on bail at the time of the shooting..READ MORE: OPP commissioner is 'outraged' by death of officer, calls for changes to protect law enforcement.Following the shooting, OPP Ontario Provincial Police (OPP) Commissioner Thomas Carrique called for changes that would protect law enforcement in the province. "I know there is a lot interest in ensuring that, to see that changes are made, where possible, so people charged with violent offences that are firearms-related are not in those positions moving forward," he said..Bill C-75, passed in June 2019, updated the bail provisions in Canada’s Criminal Code for the first time since 1972. Bill C-75 directed police and judges to follow a “principle of restraint” when it came to imposing bail conditions on offenders, even in cases where they had repeatedly committed crimes or were considered a danger to the public..In the letter addressed the the prime minister, the premiers noted that the proposed changes to Canada's bail system were "the subject of an intense discussion" at an October meeting of justice and public safety ministers from across the country, which was held in Nova Scotia.."This meeting led to a clear and unified call to action for the federal government to reform Canada's bail system," it states..The premiers specifically call for the creation of a "reverse onus" for those charged under Section 95 of the Criminal Code, which includes offences for being in possession of a loaded prohibited or restricted firearm. This would mean that those charged with offences would need to show why their detention before a trial is not justified. Currently, the burden is typically on the prosecution to show why detention is justified..In the letter, the premiers also say that a review of other firearms-related offences is warranted in order to determine "whether they should also attract a reverse onus on bail."."The public safety of Canadians and our heroic first responders cannot wait. The time for action is now," premiers conclude in the letter..During a press conference in late December, Conservative Leader Pierre Poilievre (Carleton, ON) called for the Liberal government to reverse its catch-and-release bail policy.."Conservatives are calling on the Trudeau government to reverse its catch-and-release bail policy to allow for prisoners who have been arrested after a long rap sheet of previous offenses for violent crimes. "We believe they should stay in jail until their trial is complete and until it can be assured to all of us that they are no longer a danger to the public," Poilievre said..READ MORE: Poilievre calls for reversal of catch-and-release policy following shooting of police officer."I regularly meet police officers across Canada who tell me that they often have to re-arrest the same person in the same day — arresting a violent criminal in the morning and then again in the afternoon after they have been released on bail," he said..When Poilievre was asked by a reporter if reversing the catch-and-release policy would disproportionally impact lower-income Canadians, he clarified that his policies would only target violent, repeat offenders, while bail would still be given to low-risk offenders. Poilievre added that lower-income communities are dyspeptically impacted by violent crime, which is why "protecting the vulnerable is is an argument against Justin Trudeau's catch-and-release bail policies."."Instead, we should protect the vulnerable by keeping the most violent offenders behind bars until such time as they can be rehabilitated and safely released."Last month, Justice Minister David Lametti (LaSalle-Émard-Verdun, QC) said Bill C-75 was developed alongside the provinces, and added he is "very sensitive" to concerns about challenges associated with bail reform.In reaction to Pierzchala's death in late December, Lametti said, "it is important to note that the bail laws are clear that detention of an accused person is justified if it is necessary to protect the safety of the public."
