There is widespread nationwide demand for a tougher justice system, as soft-on-crime policies have put the lives of innocent Canadians at risk.
One of the most important things about Parliament is how – sooner or later – it forces people to reveal where they actually stand through recorded votes.
Politicians and political parties love to claim they care about an issue, but how they vote is what really matters.
And so, with the Liberals claiming they are concerned about rising crime levels while their actions show the exact opposite, Conservative MP Frank Caputo is going to make sure the Liberals are put on the spot.
Caputo has introduced Private Member’s Bill C-313.
“All ten provinces and three territories have called for bail reform. Police have asked for bail reform. Most importantly the public has asked for bail reform,” says Conservative MP Frank Caputo as he outlines private member’s bill targeting repeat violent offenders.”
"All ten provinces and three territories have called for bail reform. Police have asked for bail reform. Most importantly the public has asked for bail reform," says Conservative MP Frank Caputo as he outlines private member's bill targeting repeat violent offenders.#cdnpoli pic.twitter.com/RXXUWlxq0g
— CPAC (@CPAC_TV) February 9, 2023
Today I tabled Bill C-313 to reverse Trudeau's failed Liberal bail policy on repeat violent gun offenders.
Join me on my Facebook page to see the press conference I held with the leader: @PierrePoilievre, and some of my colleagues @RobMoore_CPC @RaquelDancho @LarryBrockMP pic.twitter.com/IJHswxjRnu
— Frank Caputo MP (@FrankCaputoKTC) February 9, 2023
If passed, the Bill would toughen bail conditions for individuals who have been convicted of repeat violent gun offences.
Individuals in those circumstances have recently committed horrible crimes after being let out on bail by the broken justice system, and toughening bail conditions has been a key ask of many police departments across our nation.
Here is the summary and text of the bill, courtesy of the House of Commons:
“SUMMARY
This enactment amends the Criminal Code to increase the burden that an accused must satisfy, in certain exceptional circumstances, to establish that their detention in custody is not justified.”
FULL TEXT
“BILL C-313
An Act to amend the Criminal Code (justification for detention in custody)
His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. C-46
Criminal Code
1 Section 493.1 of the Criminal Code is replaced by the following:
Principle of restraint
493.1 Subject to subsection(2), in making a decision under this Part, a peace officer, justice or judge shall give primary consideration to the release of the accused at the earliest reasonable opportunity and on the least onerous conditions that are appropriate in the circumstances, including conditions that are reasonably practicable for the accused to comply with, while taking into account the grounds referred to in subsection 498(1.1) or 515(10), as the case may be.
Exception
(2) Subsection (1) does not apply in the circumstances set out in subsection 515(10.2).
2 Section 515 of the Act is amended by adding the following after subsection (10):
Detention in custody not justified
(10.1) Despite subsection (10), in the circumstances set out in subsection (10.2), the detention of an accused in custody is justified unless the accused establishes, to the satisfaction of the justice, that
(a) the detention is not necessary to ensure the accused’s attendance in court in order to be dealt with according to law;
(b) there is minimal likelihood that the detention is necessary for the protection or safety of the public, including any victim of or witness to the offence, or any person under the age of 18 years, having regard to all the circumstances including any likelihood that the accused will, if released from custody, commit a criminal offence or interfere with the administration of justice; and
(c) there is minimal likelihood that the detention is necessary to maintain confidence in the administration of justice, having regard to all the circumstances, including those set out in subparagraphs (10)(c)(i) to (iv).
Exceptional circumstances
(10.2) The circumstances for the purposes of subsection (10.1) are that (a) the accused is charged with an offence under section 85, 87, 95, 96, 98, 98.1, 99, 100, 102, 103, 108, 244, 244.1 or 244.2 or paragraph 344(1)(a); and
(b) the offence is alleged to have been committed while the accused was subject to
(i) an order made under section 109, or
(ii) an order made under section 110 prohibiting the person from possessing any firearm.
3 Subsection 524(4) of the Act is replaced by the following:
Detention
(4) If the judge or justice cancels the summons, appearance notice, undertaking or release order, the judge or justice shall order that the accused be detained in custody unless the accused, having been given a reasonable opportunity to do so, shows cause why their detention in custody is not justified under subsection 515(10) or (10.1), as the case may be.
4 Subsection 525(5) of the Act is replaced by the following:
Release order
(5) If, following the hearing, the judge is not satisfied that the continued detention of the accused in custody is justified within the meaning of subsection 515(10) or (10.1), as the case may be, the judge shall make a release order referred to in section 515.
5 Form 8 of Part XXVIII of the Act is amended by replacing the references at the end of paragraph (d) with the following:
[515(10)(10.1), 523.1(3), 524(3) and (4)]
6 Form 8 of Part XXVIII of the Act is amended by replacing the references at the end of paragraph (e) with the following:
[515(10) or (10.1), 524(3) and (4)]”
An important step towards a common-sense justice system
While this move is only an initial move towards a justice system based on common-sense rather than foolish ‘woke’ compassion for criminals, it’s an important step nonethless.
It will put the Liberals on the record, either supporting the legislation and demonstrating a real commitment towards fixing the broken system, or opposing it and erasing any doubt that they have no interest in cracking down on the surging level of violent crime in Canada.
Spencer Fernando
Photo – Twitter
