Feds Open to Amending Canada’s Bail Laws, Says Justice Minister, as Provinces Call for Action

Justice Minister David Lametti rises during question period in the House of Commons in Ottawa on May 16, 2022. The Canadian Press/Patrick Doyle

The federal government will look at Canada’s Criminal Code with a view to amending bail laws following calls for urgent changes by provincial leaders, says Justice Minister and Attorney General David Lametti.

“We'll look at Criminal Code amendments to the bail regime. The provinces have asked us to do it, the Justice ministers have asked us to do it, and we have been doing that work,” Lametti said on an episode of CTV’s “Question Period“ on Feb. 5.

“This isn’t something that started last week or a few weeks ago; this started last fall. So we will come together hopefully with some ideas in the very short term to fix that.”

In late December 2022, 28-year-old Ontario Province Police (OPP) constable Grzegorz Pierzchala was shot and killed while on duty, and one of the two suspects in his murder charge was a repeat offender who was out on bail.

In a letter to the federal government in mid-January, Canada’s premiers unanimously called for Ottawa to immediately reform the country’s bail regime.

The letter followed an earlier call by the Canadian Association of Chiefs of Police for the government to amend the Criminal Code.

“As we mourn the tragic passing of Constable Pierzchala, the criminal justice system’s limitations and ineffective management of chronic and prolific offenders is painfully obvious,” the association said in a statement.

Prime Minister Justin Trudeau said on Jan. 16 that the government is looking “carefully” and “quickly” at potential changes it could make to Canada’s bail system.

Lametti said on “Question Period” that Ottawa is doing some bail-reform work, but added that the provinces are also responsible for making some of their own amendments.

“It’s not simply federal Criminal Code amendments,” he said. “It’s provincial administration. How can we help the provinces better administer bail?”

‘This Can’t Go On’

OPP Commissioner Thomas Carrique said he was “outraged” following Pierzchala’s murder that one of his suspected killers was out on bail.

“This should never have happened,” he said during a press conference on Dec. 29, 2022.

Appearing on “Question Period” after Lametti, Carrique said that “meaningful, responsible changes” to the Criminal Code are needed immediately.

“This can’t go on. We need leadership. We need meaningful change, and we need to take responsibility for our communities,” he said.

The OPP commissioner also said he is in “complete disagreement” with those who argue that Canada’s bail laws are already very strict for repeat offenders known to be dangerous.

“There are cases—in the case of Constable Pierzchala—where the individual charged with first-degree murder had shown a concerning pattern of non-compliance with previous weapons and firearm-related prohibitions and other court-imposed conditions,” Carrique said.

Randall McKenzie, one of the suspects in Pierzchala’s murder case, had already been prohibited from owning firearms following two previous court orders in 2016 and 2018.

“Violent offenders are being released into communities and they are, in some cases, victimizing people within their own communities,” Carrique said.

“This is about the safety and security of innocent Canadians.”

The Canadian Press and Marnie Cathcart contributed to this report.