by Jason Tarnow | Jul 14, 2026 | Crime, Criminal Attorney, Legal Rights, Police, Wheels Of Justice
As a Vancouver criminal defence lawyer with years of experience navigating the complexities of Canadian criminal law in British Columbia courts, I’ve seen firsthand how legislative changes can reshape the justice system. With the Bail and Sentencing Reform Act (Bill C-14) now law and set to take effect on July 15, 2026, we’re on the cusp of significant shifts in how bail hearings and sentencing proceed across Canada, particularly here in Vancouver where issues like organized crime, auto theft, and repeat offending hit close to home.
This timely reform arrives amid ongoing public concerns about community safety in BC. In this post, I’ll break down the key changes in Bill C-14, their legal context, and what they mean for defendants, practitioners, and the broader criminal justice landscape in Vancouver and beyond.
The Road to Bill C-14: Context in Canadian Criminal Law
Bill C-14 introduces over 80 targeted amendments to the Criminal Code, the Youth Criminal Justice Act, and related statutes. It responds to calls from law enforcement, provinces (including BC), and victims’ advocates for stricter measures against violent and repeat offenders, while aiming to maintain Charter protections.
Historically, Canadian bail law has been guided by principles from the Supreme Court of Canada, such as in R. v. Antic (2017), which emphasized the “ladder principle” (least onerous conditions) and the “principle of restraint” favoring release where appropriate. The Charter’s section 11(e) guarantees the right not to be denied reasonable bail without just cause. Sentencing has balanced denunciation, deterrence, rehabilitation, and proportionality under section 718 of the Criminal Code.
Bill C-14 refines these without fully upending them, but it tilts the balance toward public safety in specific high-risk scenarios. As reforms come into force this week, defence counsel in Vancouver must adapt quickly.
Key Changes to Bail Laws: Harder for Repeat and Violent Offenders
One of the most impactful areas is bail. Bill C-14 expands reverse onus provisions, where the accused must demonstrate why release is justified rather than the Crown proving detention is necessary. New or expanded reverse onuses now apply to:
- Break and enter of a dwelling-house.
- Trafficking in persons and human smuggling.
- Assaults and sexual assaults involving choking, suffocation, or strangulation.
- Extortion involving violence.
- Serious violent offences where the accused has two or more prior similar convictions.
- Expansion of the prior conviction window from 5 to 10 years for certain weapon-related violence.
Courts must now consider additional factors, such as random or unprovoked violence, the number and seriousness of outstanding charges (enhancing the tertiary ground for detention), and specific conditions like weapons prohibitions for extortion and organized crime cases. The “ladder principle” is clarified not to apply in reverse onus situations, and certain prior serious offenders are restricted from acting as sureties.
For Vancouver practitioners, this means more rigorous bail plans are essential. In BC Supreme Court or Provincial Court hearings, we’ll need to present compelling evidence addressing public safety risks—perhaps through enhanced surety supervision, electronic monitoring, or treatment programs. Clients facing auto theft, home invasion, or organized crime charges (prevalent in the Lower Mainland) will face heightened scrutiny.
Sentencing Reforms: Tougher Consequences and Consecutive Terms
On the sentencing side, Bill C-14 introduces or expands aggravating factors for crimes against first responders, public transit workers, organized retail theft, and interference with essential infrastructure (e.g., copper theft). Judges must prioritize denunciation and deterrence for repeat violent auto theft and break-and-enter. Consecutive sentences are mandated or strongly considered in cases like extortion paired with arson, or multiple violent offences.
Additional measures include ending conditional sentences (house arrest) for certain serious sexual offences against minors and restoring driving prohibitions for manslaughter or criminal negligence causing death/bodily harm.
These changes align with trends in BC, where prolific offenders and retail crime have strained resources. However, they raise questions about over-incarceration, court delays, and the effectiveness of deterrence for root causes like addiction and mental health—issues defence lawyers address daily in Vancouver.
Implications for Defendants and Defence Practice in Vancouver
For those accused in BC, the practical effects are clear: bail hearings will be more adversarial and evidence-heavy, especially in reverse onus cases. Defence counsel must build stronger records early—gathering character references, risk assessments, and community support plans. In Vancouver, where courthouse backlogs persist, prolonged pre-trial detention could pressure pleas or complicate trials.
From a Charter perspective, these reforms will likely face challenges. Past SCC decisions underscore that bail must remain reasonable and not punitive. Defence lawyers will monitor for overbreadth or violations of presumption of innocence. For repeat offenders, the emphasis on public safety is understandable, but it must not erode individualized justice.
As a Vancouver criminal defence lawyer, I see opportunities too. Strong advocacy can still secure release with tailored plans, and at sentencing, mitigating factors like Gladue principles for Indigenous clients or rehabilitation efforts remain vital. These reforms underscore the need for early intervention and robust defence strategies.
Provincial implementation in BC will be key. Adequate resources for bail supervision, mental health supports, and court capacity are essential to avoid unintended consequences like overcrowded jails.
Broader Impacts on the Justice System and Public Safety
Bill C-14 reflects a policy shift toward accountability for serious crime while acknowledging that laws alone aren’t sufficient. Supporters, including BC officials and police, highlight benefits for victims and communities plagued by repeat offending. Critics, including some civil liberties groups, worry about reduced discretion and potential Charter issues.
For law students and the public, this is a prime example of how criminal law evolves in response to societal pressures. In Vancouver’s diverse context—with its challenges around organized crime, homelessness, and downtown eastside issues—balanced implementation matters.
Long-term, data collection mandated by the Act (annual bail reports) will help evaluate effectiveness. A five-year parliamentary review is also required.
Practical Takeaways for Clients and Practitioners
- Act Early: If facing charges potentially impacted by Bill C-14 (effective July 15, 2026), consult defence counsel immediately to prepare for stricter bail processes.
- Build Comprehensive Plans: Focus on risk mitigation—treatment, employment, housing—for bail and sentencing.
- Stay Informed: Reforms affect youth justice and specific offences; nuances matter.
- Advocate Holistically: While tougher laws address safety, support for prevention and rehabilitation remains crucial.
In my practice defending clients across Vancouver and BC, I remain committed to upholding rights within the evolving framework. These changes demand vigilance but also skilled, strategic representation.
This blog post is for educational purposes only and does not constitute legal advice. Every case is unique—contact a qualified Vancouver criminal defence lawyer for personalized guidance on your situation.
by Jason Tarnow | Jan 19, 2024 | Crime, Legal Rights, Media, Police, Wheels Of Justice
How would you feel if your DNA was used to convict a family member?
Last week, news consumers were divided on the use of this tactic to identify and arrest Ibrahim Ali who was recently convicted of the murder and sexual assault of a 13 year old victim in 2017 in Burnaby.
Investigators went undercover at a 2018 Kurdish New Year Celebration handing out samples of tea in hopes of collecting DNA from their suspect – and it worked. Police were able to obtain a sample from a relative of the suspect. The sample was analyzed and compared against the DNA sample collected from semen found inside the victim, and the results were conclusive: the sample collected at the Kurdish New Year Celebration belonged to the brother of the whomever’s DNA was found inside the victim. This critical development resulted in the positive identification of Ibrahim Ali, his subsequent arrest and ultimately, his conviction.
However, certain civil liberties advocates have decried this investigative strategy, claiming it infringes on the privacy rights of people who have their DNA seized when they themselves are not suspected of any wrongdoing. Further, genealogical DNA testing is not frequently accessed or available technology in Canada. As a result, the analysis is often done in the United States, further stoking concerns from privacy experts. Police are required to maintain a “chain of custody” for all exhibits in a case. When the exhibits are forensic material, it is especially important that the chain of custody be meticulously maintained. This becomes increasingly difficult when exhibits leave the custody of Canadian agencies. Further, labs in the United States (and beyond) may not be accredited to the same standard as a Canadian lab. And of course, when private and sensitive material exists in the database of outside agencies, there is always a security risk.
Genealogical DNA testing and its use in criminal law is still very much in its infancy – in Canada, anyways.
This investigational technique gained notoriety in 2018 when it was used to identify and convict the Golden State killer in California, and made headlines again in December 2022 when it was used to identify Bryan Kohberger, currently awaiting trial for the murder of four college students at the University of Idaho.
Canadian Courts and legislators are no doubt paying close attention to developments in the field of Genealogical DNA testing. It is more important now than ever – in the age of ever-advancing scientific exploration and sophisticated tools like AI – that the Courts, and the law, can maintain pace.
by Jason Tarnow | Feb 24, 2022 | Crime, Media, Police
A Vancouver man suffering from long haul COVID-19 symptoms was successful in the judicial review of his 90-day Immediate Roadside Prohibition (“IRP”) after arguing that the Adjudicator breached his right to procedural fairness in his original review to RoadSafety BC.
On February 11, 2021, Peter Ronald Gibson was issued an IRP after the police officer alleged he refused to provide a sample. Mr. Gibson made 7 attempts into the Approved Screening Device, none of which successfully yielded a suitable sample. As a result, his vehicle was impounded for 30 days, and he was prohibited from driving for 90 days.
Mr. Gibson sought a review of his IRP to RoadSafety BC, delegate of the Superintendent of Motor Vehicles on the basis that he had a reasonable excuse for failing to provide a breath sample. In Mr. Gibson’s original review, he provided evidence in the form of his Affidavit. He also provided a letter from his physician that confirmed his diagnosis – he was suffering from long term symptoms as a result of COVID-19, including shortness of breath on exertion.
The letter reads:
“His physical examination shows evidence of post-viral reactive airways with sever forced expiratory wheeze. He has been given prescriptions for Flovent and Salbutamol inhalers today. This could contribute to his difficulty performing breathalyzer test during recent traffic stop”
The Adjudicator at RoadSafety BC rejected the letter from Mr. Gibson’s physician, stating that there was no evidence that the physician was aware of the “minimum flow rate (of breath)” required to provide a sample. Mr. Gibson also provided his own Affidavit, which confirmed that he had been referred for treatment, which included CT scans and chest x-rays, among other diagnostic tests.
Keep in mind that the role of the Adjudicator is to analyze whether Mr. Gibson had a reasonable excuse for failing to provide a sample. The analysis is done through review of the Report to Superintendent and all included materials, and also through review of all materials provided by the Applicant (in this case, Mr. Gibson). The Adjudicator may also rely on the Operator’s manual for the Alco-Sensor FST (the Approved Screening Device), which includes information such as proper operating temperature of the device, screen codes, and procedural standards.
Ultimately, the Adjudicator determined that Mr. Gibson’s version of events lacked credibility, and that his physician did not provide sufficient evidence that his medical condition would have prevented him from providing a suitable sample into the Alco-Sensor FST. In doing so, they advanced their interpretation of the testing requirements within the Operator’s manual – specifically, the wording used to describe the necessary airflow required to provide a sample:
“The Alco-Sensor FST has an automatic sampling system designed to ensure that a sample of deep lung air is obtained and analyzed. In order to trigger automatic sampling the subject must blow with a minimum flow rate, must produce a minimum breath volume, and blow for a minimum duration…”
On judicial review, Supreme Court Justice Tammen took issue with the Adjudicator’s interpretation of this issue. The Judge dissected the Adjudicator’s analysis and concluded that despite quoting the appropriate resource, the manual itself provided no information to estimate the “minimum” flow rate required.
Through the Adjudicator’s analysis, Justice Tammen determined that they had relied on information (relating to the required flow rate of a sample) that was not available to the Petitioner (or his physician) at the outset of his review with RoadSafety BC. This breached the Petitioner’s right to procedural fairness.
Justice Tammen directed that the Adjudicator’s decision confirming the IRP of the Petitioner be set aside, and that the matter be remitted to RoadSafety BC for a new hearing.
This case demonstrates a significant flaw in the IRP regime – that is, a blurring of the lines between adjudication and medical expertise. While adjudicators may have specialized knowledge of certain issues due to continued exposure via their employment, the boundaries in their role must be respected and enforced.
If you have received an Immediate Roadside Prohibition, an Administrative Driving Prohibition, or have been charged with Impaired Operation of a Conveyance, contact an experienced criminal lawyer at Tarnow Criminal Law as soon as possible. Our office is located in the heart of Richmond, only 20 minutes from downtown Vancouver on the Canada Line, and within 10 minutes of Vancouver International Airport (“YVR”).
Our firm is also licensed to work in the Yukon Territory, where the 90-day review process for impaired driving is an entirely different process. If you are facing impaired driving charges in the Yukon, contact our office as soon as possible for a consultation.
by Jason Tarnow | Feb 23, 2021 | Crime, Legal Rights, Police, Politics, Wheels Of Justice
On May 1, 2020, Prime Minister Justin Trudeau issued an Order in Council immediately banning the use, sale and transport of approximately 1,500 “assault” style firearms. This action was met with criticism from firearm owners, retailers and pro-gun advocates from across the country. A two-year amnesty period for restricted firearm owners will expire on April 30, 2022, which is around the time when Bill C-21 could come into effect.
At its first reading in the House of Commons on February 16, 2021, details about Bill C-21 emerged that created further frustration and confusion among Canadian firearm owners and retailers. Described as “an Act to amend certain Acts and to make consequential amendments (firearms)”, Bill C-21 will make substantive changes to both the Criminal Code and the Firearms Act, both of which are Federal legislation, thus impacting Canadians from coast to coast. It will also amend the Immigration and Refugee Act and the Nuclear Safety and Control Act.
Proposed amendments to the Criminal Code include:
- Increasing the maximum penalty of imprisonment for offences under Sections 95, 96, 99, 100 and 103 of the Criminal Code from 10 years to 14 years;
- Establishing a procedure that would allow any person to apply for an emergency prohibition order, or an emergency limitations on access order;
- Deem certain firearms to be prohibited devices for certain provisions;
- Create a new offence for altering a cartridge magazine to exceed its lawful capacity;
- Authorize employees of certain federal entities who are responsible for security to be considered as public officers for the purpose of section 117.07
One of the most concerning amendments, and the focus of today’s blog, involves establishing a procedure that would allow for any person to apply for an emergency prohibition order, or an emergency limitations on access order. The proposed amendment reads as follows:
Application for emergency prohibition order
110.1 (1) Any person may make an ex parte application to a provincial court judge for an order prohibiting another person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, if the person believes on reasonable grounds that it is not desirable in the interests of the safety of the person against whom the order is sought or of any other person that the person against whom the order is sought should possess any such thing.
An ex parte application does not require notice to be given to the adverse party. This means that any person can make an application to a judge seeking the immediate prohibition (and subsequent seizure) of any of the items described in section 110.1(1). Success on the application is discussed next:
Emergency prohibition order
(2) If, at the conclusion of a hearing of an application made under subsection (1), the provincial court judge is satisfied that the circumstances referred to in that subsection exist and that an order should be made without delay to ensure the immediate protection of any person, the judge shall make an order prohibiting the person against whom the order is sought from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, for a period not exceeding 30 days, as is specified in the order, beginning on the day on which the order is made.
The seizure process will unfold one of two ways:
Warrant to search and seize
(4) If a provincial court judge is satisfied by information on oath that there are reasonable grounds to believe that a person who is subject to an order made under subsection (2) possesses, in a building, receptacle or place, any thing the possession of which is prohibited by the order, and that it is not desirable in the interests of the safety of the person, or of any other person, for the person to possess the thing, the judge may issue a warrant authorizing a peace officer to search the building, receptacle or place and seize any such thing, and every authorization, licence or registration certificate relating to any such thing, that is held by or in the possession of the person.
OR:
Search and seizure without warrant
(5) If, in respect of a person who is subject to an order made under subsection (2), a peace officer is satisfied that there are reasonable grounds to believe that it is not desirable, in the interests of the safety of the person, or of any other person, for the person to possess any thing the possession of which is prohibited by the order, the peace officer may, where the grounds for obtaining a warrant under subsection (4) exist but, by reason of a possible danger to the safety of the person or any other person, it would not be practicable to obtain a warrant, search for and seize any such thing, and any authorization, licence or registration certificate relating to any such thing, that is held by or in the possession of the person.
The seized items will remain in police custody for 30 days. When the Order expires, the seizing agency (police) must make an application for a Prohibition Order under Section 111(1) of the Criminal Code. This Application requires that the subject of the Order (the firearms/weapons owner) be given notice of the application, and the opportunity to respond in court. At this juncture, there are three ways the seized items can be returned to their owner:
- No application is made for a Prohibition Order under Section 111(1);
- If the hearing does not result in a Prohibition Order being made under Section 111(5);
- If the Order issued at the ex parte application is revoked
While this legislation seeks to establish an alternative procedure that gives the public power to seek protection from violence involving firearms and other weapons, it fails to address the possibility that this power could be abused. Currently, the law requires that an individual report their concerns to the police, who would then engage in an investigation to determine whether a seizure is necessary. When citizens assume this authority, there are a myriad of complications that could pose negative consequences not only to the potential subject of the Order, but to whomever makes the ex parte application. It requires that they take the law into their own hands – something that law enforcement regularly counsels against.
Bill C-21 is still in the early stages of the legislative process, but has garnered both support and criticism from those it will protect, and those it will harm.
by Jason Tarnow | Jan 20, 2021 | Crime, Legal Rights, Police, Social Media, Wheels Of Justice
The internet is a precarious place. We buy, we sell, we talk – and we post. And while that’s all fine and good, it isn’t without consequence. Facebook launched in 2004, and since that time Canadian Courts have addressed and analyzed evidence obtained through Facebook and other social media platforms.
Recently, in a 2-1 decision, in R. v. Martin, 2021 NLCA 1, the Newfoundland and Labrador Court of Appeal overturned a lower court’s decision deeming Facebook screenshots as inadmissible. In a 30 page decision, the Court of Appeal explained how the Provincial Court Judge (“PCJ”) had erred in their analysis of the rules of authentication in relation to the proposed electronic evidence.
The case involves allegations that the Accused, Mr. E. Martin, made threats against the Royal Newfoundland Constabulary (police), via pictures and written communication on Facebook. He was charged with being in possession of a knife for a purpose dangerous to the public peace, being in possession of a rifle for a purpose dangerous to the public peace, and uttering a threat to members of the Royal Newfoundland Constabulary.
The police had attended Mr. Martin’s residence one evening to follow up on a domestic disturbance complaint. The investigation went no further than a brief attendance at the Accused’s residence, which resulted in no further action being taken.
The investigation with respect to the charges in this case began when the police received an anonymous tip that the Accused had posted several pictures on Facebook indicating he planned to harm police.
It was the evening following their first visit to Mr. Martin’s residence that the police received the anonymous tip that indicated he had posted a menacing caption, directed at police, combined with photos that included firearms. The police again attended Mr. Martin’s residence, but were clearly not welcomed. They returned to the detachment and tried to view Mr. Martin’s Facebook page, but were unable to view any content. The police then contacted the anonymous tipster to ask if they would email pictures of the postings, which they did. In total, six screen shots were forwarded. The “screenshots” depicted an individual in various poses, kneeling with and holding various firearms that included a rifle and a long gun. The words “Ed’s Post” and “Ed Martin added 4 new photos” appeared as “banners” over the photos, in the typical Facebook font and symbolism.
These screenshots were at the centre of the Crown’s firearms and threats charges against the Accused. A Voir Dire was held to determine the admissibility of the screen shots. Ultimately, the PCJ declined to admit the photos as evidence, reasoning that these items had failed to be authenticated. The PCJ opined that since the anonymous tipster had not been called to give evidence, no one could testify that the screenshots were not altered or changed in anyway. The Court went further to say that there had been nothing to substantiate that the Accused even had a Facebook account, and even if they did, there was no way to determine conclusively that the Accused had been the one to author the posts depicted in the screenshots.
The Accused was convicted of being in possession of a knife for a dangerous purpose (which was found on him at the time of his arrest) but was acquitted on the charges of being in possession of a rifle for a dangerous purpose to the public peace, and uttering a threat to members of the Royal Newfoundland Constabulary. The Crown appealed the PCJ’s decision to rule the screenshots inadmissible – which brings us to the Court of Appeal’s analysis of the issue.
The Court of Appeal was thorough and careful to reiterate its explanation of a key component in their analysis: the threshold for admissibility of authenticated electronic documents under the Canada Evidence Act is low, and can be established by both direct and secondary evidence. The proposed electronic evidence must be capable of supporting a finding that the evidence sought to be admitted is what it purports to be.
The Crown submitted that the PCJ had been erroneous in ruling that the screenshots were not authenticated by the evidence adduced at Trial. At the Voir Dire, 10 witnesses, all police officers, were called including the officer who began the investigation and obtained the screenshots. This police officer testified that he was very familiar with the layout of Facebook, and the screenshots were consistent with what he knows of Facebook. While not accepted by the PCJ as an acceptable form of authentication, the Court of Appeal disagreed and suggested that the officer’s testimony was evidence that the screenshots were authentic. Further, the police officer testified about identifying striking similarities between what they saw when they were in attendance at the Accused’s home – clothing, personal items, layout of the residence – that mirrored what they had seen in two of the screenshots. The Court of Appeal found that this information aided in the authentication of the screenshots, and determined that it was not necessary to have the anonymous tipster’s testimony verifying their authenticity. No evidence to the contrary was introduced by the Defence.
The Court of Appeal stressed that authenticity does not determine authorship – meaning that although the evidence is admissible, it is not determinative of who actually authored the post. As a result of their analysis, the Crown’s appeal was allowed and the case was returned back to Provincial Court for further proceedings. As is standard practice, the Court of Appeal did not comment on what probative value the evidence may have.
The introduction of digital evidence in criminal proceedings will continue to create a myriad of issues for the courts to determine. The Charter was not written with these intricacies in mind – and the responsibility lays not only with the courts, but in the hands of criminal lawyers across the country. If your case involves digital evidence (social media postings, text messages, etc.) it is imperative that you contact experienced and seasoned counsel without delay. We are licensed to practice in British Columbia, the Yukon Territory and the Northwest Territories.
