DEVOLIN SUPPORTS “REVERSE ONUS” IN BAIL HEARINGS FOR OFFENCES INVOLVING FIREARMS

November 23, 2006

OTTAWA – Local MP Barry Devolin supports the announcement made today by Prime Minister Stephen Harper to amend the Criminal Code to provide a “reverse onus” in bail hearings for offenses involving firearms.

The reforms, to be introduced today in the House of Commons by the Honourable Vic Toews, the Minister of Justice and Attorney General of Canada, will require those accused of serious crimes involving firearms to provide sufficient justification to be granted bail while awaiting trial. Currently, it is up to Crown prosecutors to prove that the accused should not be granted bail, either because they represent a threat to society, they may flee to avoid prosecution or to maintain the public’s confidence in the administration of justice.

“Unfortunately, this area is not immune to violent crime,” said Devolin. “Just two months ago a man in his mid-twenties was shot in his Mary Street home in Lindsay allegedly by a 26-year old Oshawa man wanted in New Brunswick in connection with a separate stabbing.”

“Gun violence on our streets must be curbed. It is high time to toughen the bail scheme. It is high time that Canadians stopped fearing gun violence” stated Devolin. “These reforms will lower the risk that people charged with serious firearm offences may re-offend while out on bail. It will also reduce the risk that they may take flight to avoid facing trial for their original charges.” 

A ‘reverse onus’ currently applies in a small number of cases, under this bill a reverse onus would also apply in the following cases: 

· If the accused is charged with a serious offence committed with a firearm, namely, attempted murder, discharging a firearm with a criminal intent, sexual assault with a weapon, aggravated sexual assault, kidnapping, hostage-taking, robbery and extortion; 

· If the accused is under a weapons prohibition order and is charged with any serious weapons related offence; and 

· If the accused is charged with firearm trafficking or smuggling. 

“As you know, cracking down on gang, gun and drug crime has been one of the top priorities of this new government,” said Devolin. “Since we took office nearly ten months ago, the Prime Minister made it a priority because Canadians had made it very clear to us that they wanted the scales of justice rebalanced.”

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For more information contact:
Barry Devolin (705) 324-2400 or (866) 688-9881