In March 2018, the Federal Government introduced 1st Reading of Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts.
Nonwithstanding some improvements, FOLA shared the concerns of the Criminal Bar Association and focused our submission on three key areas:
1. Restricting Preliminary Inquiries;
2. Eliminating jury peremptory challenges; and
3. Allowing routine evidence to be admitted by affidavit
FOLA believes that access to justice in the criminal sphere includes access to both procedural fairness and a strong presumption of innocence. While work needs to be done to modernize the system and allow for alternative methods of discovering witnesses and minimizing the adversarial process in certain types of cases, engagement of the practicing bar will be key in ensuring the greatest gains are made in reforming the system. FOLA strongly encourages a review of the suggested changes and revisions to better achieve the ends sought, namely a fair and efficient criminal justice system.
Our submission to the Federal Government's Standing Committee on Justice and Human Rights can be found here.
UPDATE IN SENATE! MAY 2019
The Senate’s Legal and Constitutional Affairs Committee has amended the government’s proposed package of criminal procedure and sentencing reforms to expand the number of offences eligible for preliminary inquiries by 393 — more than five times the number proposed by the Liberal government. Read article in Lawyers Daily May 29, 2019
* NOTE: This article was originally published by The Lawyer’s Daily (www.thelawyersdaily.ca), part of LexisNexis Canada Inc.
More amendments currently in discussion in Committee.