Bill C-14: How Canada’s New Bail and Sentencing Reforms Are Reshaping Criminal Defence in Vancouver and Beyond

by | Jun 23, 2026 | Crime, Criminal Attorney, Legal Rights, Media, Uncategorized

As a Vancouver criminal defence lawyer with years of experience navigating the complexities of the Criminal Code and Charter rights in British Columbia courts, I’ve seen firsthand how shifts in bail and sentencing can profoundly affect accused persons, their families, and the justice system itself. Just days ago, on June 15-16, 2026, the Bail and Sentencing Reform Act (Bill C-14) received Royal Assent, ushering in over 80 targeted amendments to the Criminal Code, the Youth Criminal Justice Act, and related statutes. These changes, set to come into force on July 15, 2026, represent one of the most significant overhauls to bail and sentencing in recent memory.

For those facing criminal charges in Vancouver, Surrey, or across B.C., understanding these reforms isn’t optional—it’s essential. In this post, I break down the key developments, their legal context, practical implications for defendants and practitioners, and what they mean for the future of Canadian criminal law.

The Hook: Public Safety vs. Presumption of Innocence

Canadians have grown increasingly concerned about repeat violent offending, auto theft rings, home invasions, and organized crime. Bill C-14 responds directly to these pressures, backed by input from law enforcement, provinces (including B.C.), and victims’ advocates. Proponents argue it will keep dangerous individuals off the streets while restoring public confidence in the justice system.

Critics, including defence counsel and civil liberties groups, caution that expanded reverse onus provisions, restrictions on sureties, and mandatory consecutive sentences risk tilting the scales too far, potentially leading to unnecessary pre-trial detention and longer sentences that may not always serve rehabilitation or proportionality goals. As defence lawyers, our role remains to zealously advocate within this new framework—protecting Charter rights under sections 11(d) (presumption of innocence), 11(e) (reasonable bail), and 7 (liberty and security of the person).

Key Changes to Bail Laws: Harder Release for Certain Accused

The reforms introduce stricter bail procedures, particularly targeting repeat and violent offenders. Here are the highlights:

•  Expanded Reverse Onus Provisions: New reverse onus rules apply to offences like home break-and-enter, human trafficking, human smuggling, assaults or sexual assaults involving choking/suffocation/strangulation, and violent extortion. For those with multiple prior violent convictions, the burden shifts to the accused to justify release. Existing reverse onuses (e.g., for certain weapon offences) have been expanded from 5 to 10 years.

•  Refinements to Core Principles: The “principle of restraint” (favouring release at the earliest opportunity) is clarified—not a blanket mandate for release if detention is justified for public safety. The “ladder principle” (least onerous conditions first) no longer applies in reverse onus cases. Courts must now explicitly consider random or unprovoked violence, the number/seriousness of outstanding charges, and stronger weapons prohibitions.

•  Surety and Conditions Restrictions: Individuals convicted of serious offences in the past 10 years are generally barred from acting as sureties. Courts must scrutinize bail plans more rigorously in reverse onus scenarios and consider specific conditions (e.g., curfews, geographic limits, no-contact orders) for offences like auto theft or home invasion.

These changes build on Supreme Court of Canada precedents like R. v. Antic (2017) on the ladder principle and R. v. St-Cloud (2015) on the tertiary ground for detention, but they codify a more cautious approach. In B.C. courts, where backlogs and resource pressures are real, expect more contested bail hearings and potentially higher detention rates for qualifying offences.

Tougher Sentencing: Consecutive Terms and Aggravating Factors

On the sentencing side, Bill C-14 aims to ensure “serious crimes meet serious consequences”:

•  Consecutive Sentences: Mandatory for certain combinations like extortion and arson, or violent auto theft and break-and-enter. Judges must consider consecutive sentences for repeat violent offenders.

•  New Aggravating Factors: Enhanced weight for crimes against first responders or public transit workers, organized retail theft, mischief/theft damaging essential infrastructure (e.g., copper theft), and repeat violent offending.

•  Other Reforms: Ends conditional sentences (house arrest) for certain serious sexual offences; restores driving prohibitions for manslaughter and criminal negligence causing death/bodily harm; strengthens fine enforcement.

These align with sentencing objectives in s. 718 of the Criminal Code—denunciation, deterrence, and separation—while giving primary consideration to denunciation and deterrence for repeat auto theft or break-and-enter. They echo trends in cases addressing the “revolving door” of justice, but defence counsel will continue to emphasize mitigating factors like Gladue principles for Indigenous accused, mental health, and rehabilitation potential.

Implications for Practitioners and Defendants in Vancouver Criminal Law

For accused persons in British Columbia, the practical fallout is significant. In Vancouver’s busy courthouses, we may see:

•  Fewer Releases on Serious Charges: Reverse onus cases will demand meticulously prepared bail plans, often with enhanced sureties, electronic monitoring, or treatment programs. Early intervention—gathering character references, proposing robust plans, or challenging weak Crown evidence—becomes even more critical.

•  Sentencing Strategy Shifts: Expect prosecutors to push for consecutive sentences and aggravating factors aggressively. Defence will need to advocate vigorously for concurrent sentencing where possible, highlight proportionality under s. 718.1, and explore alternatives like restorative justice or mental health diversions where available.

•  Charter Challenges Ahead: Many provisions engage s. 11(e) rights. We anticipate litigation testing whether expanded reverse onuses or modified restraint principles unjustifiably limit liberty. Precedents like R. v. Morales (1992) and R. v. Hall (2002) on reverse onus will be central.

•  Youth and Systemic Impacts: Amendments to the Youth Criminal Justice Act and data collection requirements aim for better tracking, but defence must guard against over-criminalization of young persons.

Locally in B.C., the provincial government has welcomed the changes, signaling preparedness for implementation. However, court resources, bail supervision, and legal aid capacity will be tested. As a Vancouver-based lawyer, I stress that these reforms do not eliminate the presumption of innocence or the right to a fair trial—they recalibrate the balance.

Defendants should contact experienced counsel immediately upon charge. Early strategy can make the difference between pre-trial detention and release, or between a crushing sentence and one tailored to circumstances.

Practical Takeaways for Those Facing Charges

1.  Act Quickly: Bail hearings move fast. Gather evidence for your release plan early—employment, housing, supports, and proposed conditions.

2.  Understand Your Onus: If reverse onus applies, the burden is on you. Strong legal representation is non-negotiable.

3.  Sentencing Preparation: Focus on mitigation from day one. Character letters, expert reports (e.g., psychological), and guilty plea timing matter more than ever.

4.  Stay Informed: Watch for implementation details post-July 15, 2026. Provincial variations in B.C. courts will emerge.

5.  Broader Justice Issues: While tougher laws address public concerns, long-term safety requires investment in prevention, mental health, addiction services, and addressing root causes—areas where defence perspectives remain vital.

Conclusion: Navigating the New Landscape with Vigilance

The Bail and Sentencing Reform Act marks a pivotal moment in Canadian criminal law, driven by demands for accountability amid rising concerns over repeat offending. For Vancouver criminal defence lawyers, it reinforces the need for adaptive, rights-focused advocacy—challenging evidence, crafting compelling release plans, and fighting for proportionate outcomes at sentencing.

While these reforms may deter some crime and protect communities, they also heighten the stakes for every accused person. The justice system must remain fair, not just tough. At our firm, we remain committed to defending the rights of those charged, ensuring that Bill C-14’s changes are applied justly and constitutionally.

If you or a loved one is facing criminal charges in Vancouver or B.C., reach out promptly for a consultation. Knowledge of these developments can be the first step toward the best possible defence.

This blog post is for educational purposes only and does not constitute legal advice. Every case is unique—consult a qualified criminal defence lawyer for advice tailored to your situation.

Bill C-14 Bail Reform: What Vancouver Accused and Defence Lawyers Need to Know About Canada’s Sweeping Criminal Code Changes

by | Jun 8, 2026 | Crime, Criminal Attorney, Politics

As a Vancouver criminal defence lawyer with years of experience navigating British Columbia courts, I’ve seen firsthand how shifts in bail laws can dramatically affect the lives of those accused of crimes. In the past week, fresh developments around Bill C-14, the Bail and Sentencing Reform Act, have kept criminal law practitioners across Canada on high alert. With Senate amendments under consideration by the House of Commons as of early June 2026, this legislation represents one of the most significant overhauls to the Criminal Code in recent memory.

For anyone facing charges in Vancouver or elsewhere in BC, understanding these proposed changes is essential. Whether you’re a first-time accused, a repeat offender, or simply concerned about justice system fairness, this post breaks down the key elements, their implications, and practical takeaways.

 Why Bail Reform is Front and Centre in Canadian Criminal Law

Canada’s bail system operates on foundational principles: the presumption of innocence, the right to reasonable bail under section 11(e) of the Charter, and the “ladder principle” from R. v. Antic (2017 SCC 27), which favours the least restrictive conditions necessary. Yet public concern over repeat offenders committing crimes while on release has fueled calls for tougher measures.

Bill C-14, introduced in late 2025, responds with over 80 targeted amendments to the Criminal Code, the Youth Criminal Justice Act, and the National Defence Act. It expands reverse onus provisions, toughens sentencing for violent and organized crime, and recalibrates how justices assess detention. Recent Senate scrutiny and advocacy from groups like the Canadian Civil Liberties Association (CCLA) highlight the tension between public safety and individual rights.

In BC, where Vancouver’s busy courthouses already strain under caseloads, these changes could reshape pre-trial outcomes significantly.

Key Provisions in Bill C-14: Reverse Onus, Sentencing, and More

At its core, Bill C-14 bail reform introduces or expands reverse onus for several serious offences. Accused persons must now demonstrate why they should be released rather than the Crown proving why they should be detained. This applies to offences involving:

  • Violence or weapons
  • Breaking and entering
  • Auto theft
  • Organized crime involvement

Additional measures include restrictions on sureties with recent indictable convictions (with Senate-proposed safety valves for discretion) and adjustments to the principle of restraint, potentially reducing emphasis on the ladder principle for certain charges.

On the sentencing side, the bill aims to impose consecutive sentences for major crimes, limits conditional sentences (house arrest) for serious sexual offences, and strengthens tools against repeat violent offenders. These align with broader government efforts to address community safety while responding to criticisms of prior reforms like Bill C-75.

Recent CCLA advocacy urges MPs to adopt Senate amendments, including mandatory consideration of section 493.2 (Criminal Code) factors for vulnerable populations—particularly Indigenous accused—and enhanced annual reporting on pre-trial detention statistics. These “softening” measures seek to mitigate disproportionate impacts on racialized, low-income, and Indigenous communities, which are overrepresented in BC’s justice system.

Implications for Vancouver Criminal Defence Practice

As a Vancouver-based lawyer handling everything from impaired driving to serious indictable matters, I anticipate several practical shifts:

  1. Higher Detention Rates Pre-Trial: Expanded reverse onus will make it harder to secure release for clients facing listed offences. Defence counsel will need to prepare robust sureties packages, character evidence, and risk mitigation plans earlier. In Vancouver Provincial and Supreme Courts, where bail hearings are already high-stakes, expect more contested tertiary ground arguments (public confidence in justice).
  2. Impact on Vulnerable Clients: Indigenous clients, those with mental health issues, or from marginalized communities may face heightened challenges. Senate amendments requiring inquiry into s. 493.2 factors could provide a crucial tool, but implementation will depend on judicial training and Crown practices.
  3. Sentencing Trends: Tougher consecutive sentencing and restricted conditional discharges will push for more creative mitigation strategies. Defence lawyers must emphasize Gladue principles (for Indigenous offenders) and other mitigating factors more forcefully.
  4. Interaction with Jordan Principles: The Supreme Court of Canada’s recent May 2026 clarifications in cases like R. v. Vrbanic and R. v. Jacques-Taylor affirm the 18/30-month ceilings for trial delays while recognizing complexity exceptions. Faster bail decisions under Bill C-14 could help or hinder, depending on how they affect overall timelines.

In BC, these federal changes intersect with local pressures, including court disruptions anticipated from the 2026 FIFA World Cup, which may force rescheduling of criminal trials in key Vancouver-area venues.

Balanced Analysis: Safety vs. Charter Rights

Critics, including civil liberties groups, argue that Bill C-14 risks eroding the presumption of innocence by detaining more presumptively innocent people, increased overcrowding in remand centres, and disproportionately affecting equity-seeking groups. Proponents counter that it restores balance after perceived leniency, deterring repeat offences and bolstering public trust.

From my perspective in Vancouver criminal law trenches, the truth lies in nuanced application. Blanket “tough on crime” measures rarely solve systemic issues like court backlogs or social determinants of crime. Evidence-based reforms, robust data collection (as Senate amendments propose), and judicial discretion remain vital.

The bill also arrives amid ongoing discussions about intimate partner violence, femicide presumptions, and organized crime – which are all issues that resonate strongly in British Columbia.

Practical Takeaways for Accused Persons and Practitioners

  • Early Legal Advice is Critical: If charged, contact an experienced Vancouver criminal lawyer immediately. Bail strategy starts at arrest.
  • Build Strong Release Plans: Gather employment letters, treatment programs, sureties, and electronic monitoring options proactively.
  • Monitor Legislative Progress: With House consideration of Senate amendments ongoing, the final shape of Bill C-14 could evolve. Stay informed via reliable legal sources.
  • Consider Charter Challenges: Overly broad reverse onus or restraint provisions may invite future litigation under sections 7, 11(d), and 11(e).
  • For Lawyers: Emphasize individualized assessments. Leverage any preserved judicial discretion and vulnerable-population considerations.

Defence counsel should also prepare for potential increases in Crown appeals of favourable bail decisions.

Conclusion: Navigating Uncertainty in Canadian Criminal Law

Bill C-14 underscores a pivotal moment in Canadian criminal law. While aimed at enhancing safety, its success will hinge on fair implementation that respects Charter protections. For those in Vancouver facing charges, or law students and citizens following justice issues, these developments highlight why competent, zealous representation matters more than ever.

At our firm, we remain committed to advocating for clients amid these shifts, which includes fighting for releases where justified and challenging overreach where necessary. The justice system works best when balanced, evidence-driven, and humane.

This blog post is for educational purposes only and does not constitute legal advice. Every case is unique. If you or someone you know is facing criminal charges in Vancouver or BC, consult a qualified criminal defence lawyer promptly for personalized guidance.

Mandatory Minimums: Recalibrating sentencing initiatives in Canada

Mandatory Minimums: Recalibrating sentencing initiatives in Canada

by | Apr 1, 2022 | Crime, Criminal Attorney

Systemic racism is alive and well in the Canadian judicial system. A refreshed approach to sentencing is long over due.

Bill C-5 seeks to do just that – by repealing Mandatory Minimum Penalties (“MMP”) for 14 offences in the Criminal Code, and all six MMP’s in the Controlled Drug and Substances Act. Statistics demonstrate that MMP’s disproportionately effect Canadians of color – specifically, Indigenous and Black Canadians.

Two important factors to consider:

Overincarceration rates

Data on this issue was collected by the Government of Canada for the periods of 2007-2008 and 2016-2017. The information compiled desmonsrates that Indigenous and Black offenders were most likely to be admitted to the Federal correctional system for an offence attached to a mandatory minimum sentence.

Judicial discretion in sentencing

Mandatory minimum penalties eliminate a Judge’s ability to sentence an offender while considering their unique circumstances. In cases where a mandatory minimum punishment is the best an Accused can hope for, there is little reason for the Accused to make any meaningful effort to mitigate the damage. When a custodial sentence is imminent, the feeling of having “nothing left to lose” can take over. Any incentive for an Accused to plead guilty to an offence carrying an MMP, when their efforts for rehabilitation have no influence on the Judge’s ability to impose a just and fair sentence.

 

 

 

 

 

 

Reforms to the MMP provisions of the Criminal Code and CDSA are specific to the following offences:

Criminal Code:

1. Using a firearm or imitation firearm in commission of offence (two separate offences)
2. Possession of firearm or weapon knowing its possession is unauthorized (two separate offences)
3. Possession of prohibited or restricted firearm with ammunition
4. Possession of weapon obtained by commission of offence
5. Weapons trafficking (excluding firearms and ammunition)
6. Possession for purpose of weapons trafficking (excluding firearms and ammunition)
7. Importing or exporting knowing it is unauthorized
8. Discharging firearm with intent
9. Discharging firearm — recklessness
10. Robbery with a firearm
11. Extortion with a firearm
12. Selling, etc., of tobacco products and raw leaf tobacco

Controlled Drugs and Substances Act:

 1. Trafficking or possession for the purpose of trafficking (two separate offences)
2. Importing and exporting or possession for the purpose of exporting (two separate offences)
3. Production of substance Schedule I or II (two offence)

Mandatory Minimum Punishments will remain in effect within the Criminal Code for other offences to which MMP’s apply.

It is important to note that the Judge can still impose a period of incarceration for any of the offences mentioned above – they simply will no longer be bound by legislation to impose a specific period of jail.

As we’ve seen with other aspects of Canadian criminal law, a “one size fits all” approach is rarely just. Sadly, these legislative amendments will do nothing to address the current rate of overincarceration of Indigenous and Black Canadians. For them, it is too little, too late.

If you have been charged with a criminal offence, it is important that you speak to experienced defence counsel without delay. Our office skillfully handles both summary and indictable offences, ranging from assault, mischief, criminal harassment and impaired driving, to sexual assault, murder, robbery, unlawful confinement, and everything in between. We are licensed to practice in British Columbia, and work in the Lower Mainland and Greater Vancouver Area including, but not limited to Richmond, Vancouver, Surrey, Ladner, Burnaby, Port Coquitlam, New Westminster and Langley, and in the Fraser Valley, including, but not limited to Abbotsford , Chilliwack, Hope, Mission and Agassiz. We are also licensed to practice in the Yukon Territory and frequently accept clients in Whitehorse, Dawson City, Old Crow, Mayo, Haines Junction, and Faro. 

Predictive Policing: Brave New World

by | Sep 2, 2020 | Crime, Criminal Attorney, Legal Rights, Media, Police, Politics, Social Media, Uncategorized

In one of our previous posts, we discussed biometric technology and the role it plays in Canadian law enforcement. It is, however, only one of the “predictive” tools utilized by the police in relation to criminal investigations.

A new report by the Citizen Lab at the University of Toronto goes into alarming detail regarding growth of algorithmic policing methods, and how this technology compromises the privacy rights of Canadian citizens. The report is incredibly thorough and comprehensive, delving into how this controversial technique offends various sections of our Canadian Charter of Rights and Freedoms. Firstly, though, it is important that our readers understand what algorithmic policing is.

The overall success of any algorithm is the system’s ability to gather, store, and analyze data – with law enforcement’s methodology being no different.  A “location focused” algorithmic approach seeks to determine (predict) which areas are more likely to see criminal activity. The algorithmic system in these pursuits analyzes historical police data to identify geographical locations where crimes are, in theory, more likely to be committed. If this sounds familiar to you, then you’ve likely heard of, or accessed, the Vancouver Police Department’s GeoDash crime map – an online tool where you can navigate a map of the City of Vancouver by crime occurrence. You can choose from a variety of offences on the dropdown list, including homicide, break and enter, mischief, theft, and “offences against a person” which likely includes a variety of crimes such as sexual assault, assault causing bodily harm, and uttering threats. By looking at this map, you get an idea of which neighborhoods in Vancouver are most vulnerable to crime – except that it’s a little bit more sophisticated than that, and goes far beyond simply dropping a pin on the map. The public can see where the crime took place, but not who is alleged to have committed it.  The offender’s personal information is logged, in as much detail as possible, and becomes part of a larger system dedicated to predictive surveillance – i.e., it creates a profile of which individuals are more likely to commit a particular crime. This profile can be used to identify people who are “more likely to be involved in potential criminal activity, or to assess an identified person for their purported risk of engaging in criminal activity in the future”.

While this information is definitely concerning, there is another issue:  we have very little insight into the extent that this technology is being used. We know that the methods by which police gather information have historically discriminated against minority groups and those living in marginalized communities. This seems to guarantee that the VPD’s use of algorithmic investigative techniques relies on data that is often obtained through biased methods. We know that black and indigenous individuals are disproportionately represented in the correctional system, which can only mean that they are disproportionately represented in respect of these algorithms.

Although not everyone agrees that systemic racism exists within the VPD, the calls to address, unravel and mitigate the harm to marginalized groups continue to amplify. The idea that information collected under the apprehension of bias will not only remain on record, but will be used to further future investigations, is an indicator that Canadian law enforcement’s road to redemption will likely be a bumpy one.

Body Worn Cameras: What’s The Hold Up?

by | Jul 2, 2020 | Crime, Criminal Attorney, Legal Rights, Media, Police, Riots, Social Media, Wheels Of Justice

Over the last couple of months, there has been outcry from the public urging the use of BWC’s (Body Worn Cameras) for Canadian law enforcement. Although initially in response to the growing unrest relating to police brutality in the United States, there are echoes of abandoned intentions from Canadian officials dating back at least a few years. 

Back in 2015, the Office of the Privacy Commissioner of Canada (“OPCC”) issued a publication regarding the use of BWC by police, in collaboration with privacy agencies in Alberta, New Brunswick and Quebec. The remaining Canadian law enforcement agencies from other provinces and territories acted “in consultation”.

For reference: according to the CBC, there were a total of 2 incidents involving the death of individuals at the hands of law enforcement in New Brunswick between 2012 and 2014, 12 incidents in Quebec, and 14 incidents in Alberta. Interestingly enough, British Columbia (on par with Quebec at 14 deaths) and Ontario (with the highest rate of police violence resulting in death in the country at 25 deaths between 2012 and 2014) were only acting in consultation.

The report hails the effectiveness of BWC to capture high quality images, videos, and audio recordings – so effective, in fact, that the OPCC had grave concerns regarding their ability to capture material that could jeopardize the privacy of innocent and uninvolved bystanders.

The report goes on to tout the value of BWC for evidentiary purposes, including analytics so sophisticated that the material obtained would likely be suitable for biometric comparison – aka, facial recognition. 

There is no arguing the fact that the use of BWC by police has implications for the privacy of citizens in their everyday lives – especially since once fitted, citizens would likely expect on-duty officers to have their devices on a continuous basis as opposed to intermittently.

Benefits of BWC include the ability to review interactions between police and the public, recording communications between the police and suspects in the course of an investigation, identifying potential witnesses, and of course recording interactions between police officers. Many criminal cases involve evidence obtained through the use of dash cams, which provide audio from inside a police cruiser and video from the perspective of the driver. The effectiveness of this technology loses value when the investigation takes place outside of a police vehicle, as the audio often fails to capture intelligible communications between police and a suspect, or between officers themselves. Although the dash cam is kept running, the audio portion is often useless when the interactions between police and a suspect take place outside the vehicle, and the windows of the police cruiser are closed, or if the police/suspect leave the immediate area where the audio is successfully captured.

The report indicates that while continuous recording would undoubtedly provide a greater level of accountability for the actions of police, the threat to personal privacy reigns supreme:

“From an accountability perspective, continuous recording may be preferable because it captures an unedited recording of an officer’s actions and the officer cannot be accused of manipulating recordings for his or her own benefit. However, from a privacy perspective, collecting less or no personal information is always the preferred option”

In 2014, the Edmonton Police concluded a pilot project regarding the use of BWC by its officers. The conclusion?:

“The cameras had no effect on police use-of-force incidents and said there was no statistical difference in resolving police complaints”

According to an analysis done by CBC, there were a total of four deaths between 2012 and 2014 relating to officers of the Edmonton Police Service. By comparison, there were 9 deaths in the same period relating to officers of the Toronto Police Service. The results of the Pilot Project may have seen different results in a different jurisdiction.

The Edmonton Police explained that in addition to being ineffective to expose cases of police misconduct, the related expenses were simply unrealistic. Perhaps surprisingly, it’s not the cost of the devices themselves, but the expense to store and manage all of the material collected: somewhere between 6 and 15 million dollars over five years, which also includes hiring personnel qualified for the job. 

Finding the balance between accountability, transparency and oversight of police against the protection of privacy for Canadian citizens is a legitimate and profound task – one that cannot be taken lightly. As the calls for BWC in Canadian law enforcement grow louder, and as Canadians revisit the reality of what it is to be privileged in this country, we can only hope that the values of dignity and equality are recognized as being more valuable than the cost of the equipment that very well could save lives.

Intimate Partner Violence: Epidemic of a Pandemic

by | May 20, 2020 | Crime, Criminal Attorney, Legal Aid, Legal Rights, Media, Police, Social Media, Wheels Of Justice

It goes without saying that the judicial system has been hit hard by COVID-19. This isn’t wildly surprising – there was no solid emergency response strategy in place for a situation like this, and as a result, a significant amount of time and resources have been expended to create a sense of control amongst the chaos.

It was acknowledged early on that certain individuals in the justice system would be disproportionately effected – accused persons in custody awaiting trial or sentencing, residents of remote communities that operate under a court circuit, and, of course, the victims in cases where there is uncertainty of if or when the case proceeds at all.

Since the World Health Organization declared a pandemic in response to COVID-19, law enforcement has tried to adapt where required. One of the most profound changes relates to the processing of newly accused individuals – and it may provide context into why intimate partner violence has surged during the pandemic. Between April 6 and May 6, 2020, 8 tragic incidents of domestic violence against women across Canada resulted in fatalities. There is, of course, no doubt about the fact that violence in relationships occurred before COVID-19, and will continue long after the pandemic is declared over – but there are aspects to a surge in intimate partner violence that are directly linked to the virus and to the policies that have been implemented when trying to process, manage, and supervise offenders.

Hundreds of accused persons awaiting trial in custody have been released, with chargeable offences ranging from assault, fraud, drug trafficking and beyond. Again, not surprising – as we’ve discussed previously on the blog, the correctional system serves as the perfect breeding ground for the virus, and it would be beyond cruel and unusual to take no action at all to protect those that are considered to be among the most vulnerable.

It’s the way that law enforcement has chosen to operate on a “catch and release” scheme in cases that would, under normal circumstances, require a bail hearing – and probably a highly contested one at that – that has likely contributed to domestic violence rates during COVID-19. Due to concerns about the nature of the virus and its ability to spread quickly, bail hearings have occurred less frequently, even with video-conferencing and telephone conferencing put into effect to streamline the process and protect the health of all parties involved. Instead of a bail hearing, an accused is more likely to be released on an Undertaking. The Undertaking may require that the accused check in with a bail supervisor weekly – something that is generally done on an in-person basis, where the most value lies in a face-to-face meeting – by telephone instead.

Aside from that, the “stay at home” order has, unintentionally, resulted in many victims of violence becoming prisoners in their homes. Public services like shelters and safe houses are stretched beyond capacity, and for some (especially people with underlying health conditions and people with children) entering into such an environment during a virus pandemic might seem even less tolerable than continuing to cohabitate with their abuser.

As with the other aspects of our lives – returning to work and school, chatting with our neighbors, planning vacations – the judicial system will, in one way or another, return to full operational capacity. But for those who have suffered the effects of intimate partner violence during the pandemic, there may be no return to the way things once were.