BERNARDO: Ottawa’s new bail rules take effect — now comes the accountability test

Tony Bernardo is the Executive Director of the Canadian Shooting Sports Association.Mark Carney’s Liberal government claims that, as of July 15, Canada’s bail system is now stricter.That’s when most provisions of the federal Bail and Sentencing Reform Act came into force.The government says its changes make bail harder to obtain in certain repeat and violent offender cases, and require courts to consider serious outstanding charges and weapons prohibitions more closely.Those promises sound reassuring.The real test will come when the next accused goes to court facing charges involving loaded firearms, weapons trafficking, violating existing weapons prohibitions, or release conditions.New opportunities to test the government’s claim are reported daily.Calgary: Ten Counts of Violating Firearms Prohibition Orders, and a Stolen Loaded HandgunOn July 16, Calgary police announced charges after a drug-trafficking investigation.A 45-year-old accused faces numerous charges, including ten counts of possessing a firearm or ammunition contrary to a prohibition order.A second accused was charged with possessing ammunition contrary to a prohibition order and failing to comply with a release order..This case demands an answer to the obvious question.If a person is prohibited from possessing firearms, what prevents that person from obtaining a stolen, loaded handgun?A prohibition order’s value depends upon enforcement, and upon meaningful consequences when it is breached.The Calgary case should become one of the practical tests of Ottawa’s promised reforms.Durham’s Firearm-Trafficking Case Raises the Same QuestionsPolice uncovered two handguns with overcapacity magazines, ammunition, cash, and a replica MAC-10 firearm.Four men were arrested and charged with numerous offences and held for bail hearings.Two of the accused were already subject to weapons-prohibition conditions when arrested.The arrests also occurred before most of the new federal reforms took effect, so the bail hearings won’t necessarily test every new provision.They do, however, illustrate exactly the kind of recurring problem the system must now address: accused persons found with loaded or prohibited firearms despite existing court-imposed restrictions..Laws Cannot Enforce ThemselvesThe federal government acknowledges this problem.Justice Canada says the reforms will only succeed if provinces and territories properly manage and resource police, prosecutors, bail courts, supervision programs, provincial courts, jails, and victim services.That qualification may be accurate, but it also creates an opportunity for the federal government to blame the provinces and territories when results fail to match Ottawa’s promises.Meanwhile, the public sees another loaded gun, another firearms prohibition order breach, and another Liberal promise that the system is being fixed.Stop Confusing Legal Restrictions With Public SafetyGovernments routinely announce new restrictions affecting people who have already demonstrated their willingness to comply with the law.Yet the urgent public safety concern is what happens when someone refuses to obey the restrictions a court already imposed upon them.The Calgary and Durham arrests concern firearms obtained by crime, trafficking, possession of loaded handguns, prohibited magazines, court orders, and release conditions that were violated.The difficult work this government keeps avoiding is disrupting criminal firearm markets, tracing stolen and smuggled guns, prosecuting firearms traffickers, enforcing firearms prohibition orders, supervising high-risk offenders, and responding immediately to breaches of release conditions.That is the work most likely to protect the public..The Accountability Test Starts NowThe Bail and Sentencing Reform Act may provide police, prosecutors, and courts with stronger tools.The real measure of its success will be whether loaded firearms remain in the hands of people already ordered not to possess them; whether firearms smuggling and trafficking networks are disrupted; and whether firearms prohibition order breaches result in real consequences instead of another round of “catch and release.”The government’s own announcement concedes that legislation alone is not enough.Effective implementation requires resources, coordination, supervision, and transparent measurement.The Calgary and Durham cases should become accountability markers for Ottawa’s bail reforms and Ottawa’s willingness to hold itself accountable.That process is simple.Follow the charges. Follow the bail decisions. Follow the reasons given by the courts. Follow any subsequent breaches, convictions, or acquittals.Then publish the results.Ottawa says the rules have changed.Now Canadians must insist that the federal government provides the evidence that public safety has improved because of them.Tony Bernardo is the Executive Director of the Canadian Shooting Sports Association.

BERNARDO: Ottawa’s new bail rules take effect — now comes the accountability test

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