Canada’s criminal justice system is facing significant changes through several pieces of new federal legislation.
In this interview with Our City Tonight, Vancouver criminal defence lawyer Kyla Lee breaks down three major bills and what they could mean for bail, sentencing, victims, hate-motivated offences, and the rights of accused persons.
The discussion looks at Bill C-14, the Bail and Sentencing Reform Act; Bill C-16, the Protecting Victims Act; and Bill C-9, the Combatting Hate Act. Kyla explains how these proposed Criminal Code changes could operate in practice, where their impact may be more limited than headlines suggest, and where constitutional questions may arise.
Topics covered include:
- Bill C-14 and changes to bail and sentencing
- How reverse onus provisions affect bail hearings
- Why the presumption of release remains important in Canadian bail law
- Changes affecting conditional sentences and jail sentences
- Bill C-16 and AI-generated sexually explicit deepfakes
- Expanding protections against non-consensual sexual imagery
- New investigative tools for technology-based harassment
- Bill C-9 and the creation of a standalone hate crime offence
- How hate motivation could affect criminal liability
- Freedom of expression and potential constitutional challenges
- Why proving an intention to promote or generate hate may be difficult
The interview also examines the practical effect of these reforms. While some of the legislation introduces significant changes to the Criminal Code, Kyla explains that existing Supreme Court of Canada principles will continue to shape how courts approach issues such as bail, release conditions, and constitutional rights.
“Essentially, the Criminal Code is being amended to make more reverse onuses for bail. So, people who have to prove why they should be released as opposed to just the Crown having to prove why they should be detained. And a lot of the changes that were brought in under the Trudeau government are being walked back in terms of sentencing. So now actual jail instead of house arrest for many offences, particularly those involving sex crimes.”
