Oxford MP sees shortfall in government bail bill

Jeff Helsdon and Lee Griffi, Local Journalism Initiative Reporters

Oxford MP Arpan Khanna was glad to see the government introduce legislation to tackle shortfalls in the country’s bail system but said it could do more.

Khanna has been working on his private member’s bill, The Jail Not Bail Act, which would tackle the problem of repeat violent offenders being let out of jail and reoffending. His research found that 1,600 violent crimes are committed per day, and many of these are committed by repeat offenders. He also discovered one-third of murders in the country were committed by repeat offenders.

Khanna’s bill hasn’t been debated yet, and a motion to fast-track it was voted down, but last week, the Liberal government tabled Bill C-14, The Bail and Sentencing Reform Act, which makes changes to Canada’s bail and sentencing framework.

“It’s good to see after years of advocating, not just from us but Canadians as well, they put something forward,” Khanna said.

Khanna sees some elements of his bill in the Liberal legislation, which he considers a win. Still, he said there are parts of his bill that aren’t included and maintains it should have been accepted in its entirety.

For instance, he said the principle of restraint, introduced by the Liberal Bill C-75 in 2019, made it mandatory for judges to release the accused under the least restrictive conditions at the earliest opportunity during bail hearings. The new Liberal legislation doesn’t go far enough on this issue, Khanna maintains.

“I called for getting rid of it altogether and instead have a principle of public safety as the primary consideration when considering bail,” he said.

He also said Bill C-75 doesn’t impose tougher bail compliance conditions or require judges to enforce them and doesn’t mandate that judges consider a person’s criminal history when deciding on bail.

Asked if he would support C-14, Khanna said he will examine the legislation in more detail and then make a decision.

“There is no monopoly on good ideas,” he said.

Kitchener-Conestoga MP Tim Louis said his government’s legislation hits the mark and, if passed, will make improvements.

“We’ve talked about tougher bail conditions, longer sentences for repeat offenders and better protection for victims. The government has been working since late spring, and I am proud of it. It’s focused and it is going to crack down on violent and repeat offenders without violating rights.”

When asked if C-14 goes far enough to protect innocent victims, Louis said it was written after extensive consultation with experts in the field.

“There was consultation with the provinces, law enforcement and stakeholders to make sure we are strengthening the laws, specifically for repeat offenders and organized crime. It’s those legal experts and police we have been working with that make me believe we are targeting the right people and not sweeping up people who don’t pose a threat.”

Louis explained the Liberals are always open to working with the opposition parties on any piece of legislation, but in the case of Khanna’s bill, there was no opportunity to do so.

“The Conservatives took it and bundled it into a motion which rushed it through, skipping the proper consultation and bypassing the normal legislative process private member’s bills take. We would have had more discussions and talked about amendments.”

He said he voted against the bill, not because it came from the opposition but because a yes vote would have fast-tracked it.

“That wasn’t the proper way to do it. There are parts of the bill which are worth bringing and now that we have government legislation, we can look at his bill and see if we can take parts out of it because there are similarities. This is a non-partisan issue.”

Louis said there are about 80 changes to the Criminal Code in C-14 and he is confident it will make Canadian communities safer.