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OTTAWA - Experts say a Liberal bail reform bill introduced this week could be subject to a Charter challenge and see limited results.

The bill aims to make it harder for some repeat violent offenders to seek pretrial release by putting the onus on them to prove why they should be granted bail.

Danardo Jones, an assistant professor at the University of Windsors law school, says he isnt sure the bill would hold up under legal scrutiny. The Supreme Court has cautioned governments before on any expansion of what are known as reverse-onus measures.

Its making a lot of changes that Im not certain will pass constitutional muster, he said.

The legislation would introduce reverse-onus bail conditions for people charged with serious violent offences involving a weapon, in cases where the person was convicted of a similar violent offence within the past five years.

It would also add some firearms offences to existing reverse-onus provisions, and expand their use in cases where the alleged crimes involve intimate partner violence.

Prosecutors in such cases would no longer have to prove to judges why offenders should stay behind bars.

Justice Minister David Lametti had promised that any new law would abide by the Charter of Rights and Freedoms, which guarantees that anyone who is charged with a crime will not be denied reasonable bail without just cause.

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The Supreme Court has affirmed that right several times, including in R v. Morales, a 1992 case in which justices decided that bail is not denied for all individuals who pose a risk of committing an offence or interfering with the administration of justice while on bail.

Bail is denied only for those who pose a substantial likelihood of committing an offence or interfering with the administration of justice, and only where this substantial likelihood endangers the protection or safety of the public, that decision says.

Moreover, detention is justified only when it is necessary for public safety. It is not justified where detention would merely be convenient or advantageous.

Jones said a court wont be swayed by any of the political rhetoric that has driven discussion around the latest bail reforms, which come after months of public pressure on the federal government to act from premiers, police and opposition parties.

Their approach is going to be more principled, and more in line with ensuring that our constitutional values are respected and that the integrity of our Constitution is not in any way eroded, he said.

From the face of this bill, Im concerned that we are seeing public safety perhaps outweighing civil liberties.

Since 2019, the federal justice minister has been required to ensure that a Charter Statement is available for every bill tabled by the government to help identify any potential effects a law may have.

No statement is yet available for the bail-reform bill, Lamettis office said.

But he maintains the law introduced is Charter-compliant.

We need to strike a balance, the justice minister said at a news conference Tuesday. We think weve done that here, working in the range between the Charter rights and public security and public safety.

With statements like that, Jones said, Lametti is signaling that they know the court is to be concerned about striking an appropriate constitutional balance.

Queens University sociologist Nicole Myers said the impact of the new law could be limited because the measures dont address the root causes of crime.

Everybody is interested in public safety and improving public safety, said Myers, who has an expertise in bail and pretrial detention.

To do that, then we have to do the difficult things. We need to invest much more into the root causes of crime and to preventing crime from happening in the first place.

She said there needs to be more investment in education, health care, mental health, substance use, poverty and homelessness.

Myers said she doesnt agree with reverse onus provisions.

If the state wants to make arguments why somebody should be detained, the state should bear the onus of demonstrating why someone should be detained rather than an accused person demonstrating why they ought to be released, she said.

Jones and Myers both said they are also concerned that the prospective new law could disproportionately affect populations that are already overrepresented in Canadian prisons, such as Black and Indigenous people.

Theres already disproportion with the constitutional safeguards in place, said Jones.

Removing them or eroding them will only stand to increase that disproportionality.

This report by The Canadian Press was first published May 17, 2023.

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Liberals new bail reforms could run up against Charter, have limited impact: experts - Toronto Star

Two members of parliament, who quit as Liberals citing concerns about a lack of transparency on the part of the Tasmanian government, have given a radio interview in which they gave very little away about how they'll play their hands when parliament returns next week.

John Tucker and Lara Alexander held a media conference to announce their resignations from the Tasmanian Liberals last Friday, and followed it up with media interviews early in the week.

They were then silent for several days.

They broke that silence at 5pm yesterdaywith an interview on ABC Radio Drive.

Unlike the interviews they gave at the time they announced their resignations, this time they had very little to say.

The government, which was plunged into minority after losing the two backbenchers, is now in a precarious situation.

Premier Jeremy Rockliff, however, says he is "confident" he would survive a motion of no confidence in parliament.

He said he had been having "productive discussions" with Mr Tucker and Ms Alexander throughout the week.

"I believe I have the support of Lara and John," he said on Friday.

But while the "productive discussions" appear to have left Mr Rockliff feeling confident about surviving a motion of no confidence something Labor has flagged its intention to bring on when parliament sits on Tuesday the details of those discussions are anybody's guess.

Mr Tucker said he and Ms Alexander had been "working cooperatively with the premier and we'll be making a comprehensive statement in the near future".

He repeated that line five times, in response to questions about whether the premier had his support and whether he would support the state budget aspects he was willing to confirm a week ago.

He repeated the second part of that that a comprehensive statement would be made in the near future, twice more.

Ms Alexander said at 5pm on Friday "right now at this time of the day it's probably not the right time to discuss any details" of the pair's discussions with Mr Rockliff.

"It's very difficult for me to go into the specific details, but, having said that full transparency and of discussions and that will be made very clear when the time comes," she said.

Mr Tucker previously said he wouldn't support or instigate a motion of no confidence, and Ms Alexander said a week ago that she wouldn't instigate such a motion, but she didn't rule out supporting one brought by someone else.

She told ABC Hobart Drive a week later that "if the vote of no confidence in the premier is going to destabilise the government, well, obviously it's not what we're about and it's a bit difficult now to talk about hypothetical motions as well, or anything that will come forward next week".

Her position on the budget has also been something of a mixed bag, initially saying she would guarantee supply, then that she would vote against a budget that included funding for the Macquarie Point stadium, then in the most recent interview that "we will need to have a little bit more of a discussion there around the stadium funding".

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Mr Tucker diverted from his script to say "I haven't seen the budget so I'm not prepared to make a statement until I've seen the budget".

It's not clear whether the two new independents will provide the details of their discussions with Mr Rockliff and what may or may not have been agreed to before parliament returns on Tuesday.

Ms Alexander and Mr Tucker's evasive answers on radio prompted text messages from listeners who questioned why they even went on radio.

Tasmanian Greens leader Cassy O'Connor said Mr Tucker and Ms Alexander had a responsibility to to the Tasmanian people to be up-front about their discussions with the premier.

"It's odd that you might effectively blow up a government over transparency concerns, and seven days later not have been transparent about your negotiations with the premier of a minority government," Ms O'Connor said.

"To leave it to the day before parliament or on the floor of the house is untenable and we don't think it's particularly honourable. We're seven days in now, it is more then enough time now we need to hear what it is."

Some skerricks of information did drop out during Friday's radio interview, however. Ms Alexander said she had not seen the deal the government has signed with the AFL something she has been calling for.

She also said it had been a "very difficult week".

Mr Tucker said he would "never say never" when asked if he would return to the Liberal Party.

Ms Alexander said she had no intention of doing so.

They both said they believed they would be able to ask questions during parliamentary question time. They both said they had not been offered the Speaker of the House role.

Mr Tucker also said he had received during the week a briefing on the Marinus link project.

His concerns about that project were among the reasons he cited for quitting the party.

He said that briefing had raised more questions for him.

A week on from the bombshell resignations, however, Tasmanians are left wondering as the two new independents hold their cards close to their chests.

Set the ABC News website or the app to "TasmaniaTop Stories"from either the homepage or the settings menu in the appto continue getting the same national news but with a sprinkle of more relevant state stories.

Here's a taste of the latest stories from Tasmania

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Rogue MPs who plunged Tasmanian Liberal government into minority stay mute ahead of budget - ABC News

Derision rose from the floor as Pesutto took to the stage to deliver a speech on Saturday at the Liberal Partys state council in Bendigo, where he urged the party to unite and focus on the Andrews government ahead of Tuesdays state budget.

Supporters of Moira Deeming at the Liberals state council on Saturday in Bendigo. Penny Stephens

But the meeting was overshadowed by a group of party members wearing Deeming masks, who yelled Shame, shame as dozens of others many of them from Deemings Western Metropolitan electorate left the room before Pesuttos speech.

In response to the walkout, many of Pesuttos supporters rose to their feet to cheer the leader in an attempt to drown out his critics.

Liberal MPs broadly dismissed the walkout and talked down any immediate threat to Pesuttos leadership.

However, several federal and state MPs, who spoke to The Age on the condition of anonymity to discuss internal party matters, , particularly if Deeming proceeds with her threat of defamation action against him.

The unrest came just over a week after the parliamentary Liberals voted 19-11 to expel Deeming from their team after she to challenge her nine-month suspension.

and lost her position as upper house whip after attending , that was .

After Saturdays walkout, Pesutto urged more than 300 members who stayed inside the conference room that the party had to remain disciplined and focused.

Whatever we might say about the Labor Party, whatever criticisms you might level, they have kept it together in terms of focus and discipline, he said.

The Victorian Liberals have voted to expel Moira Deeming from the party room during a 90-minute meeting of MPs this morning.

We can win, people want us running the state, but we have to believe in ourselves.

Outside the venue, party members who walked out, including Ross Kroger, Noelle Mason and Maria Cagalj, told The Age Pesuttos actions in supporting the expulsion motion against Deeming were disgraceful and disgusting, and called for him to be replaced.

To have her expelled, its disgusting," Mason said.

John Dunn, a Liberal member for 40 years, said he wrote to Pesutto and called on him to apologise.

Opposition Leader John Pesutto arrives at the meeting in Bendigo on Saturday. Penny Stephens

I know many Liberals are very upset and my only hope now is that you have not destroyed the Liberal Party, he wrote in the letter seen by The Age.

Pesuttos critics also said their anger at him was shared by some federal MPs, and cited .

Senator Sarah Henderson addressed members after Pesutto, and called on the party to expel Prime Minister Anthony Albanese from office, which was widely interpreted as a rebuke of state Liberals decision to expel Deeming.

As a strong and united team which respects our individual freedoms, including the freedom of speech and freedom to be our best selves our broad church working together with you, we can do this, Henderson said.

Pesutto didnt address the Deeming scandal in his speech, and instead made an early election commitment to hold a comprehensive review of the states tax system which would include a review of stamp duty and payroll tax.

He also promised to reinstate a Victorian version of the productivity commission if elected in 2026.

After his speech, Pesutto played down the walkout by more than two dozen members and said he was moved by the standing ovations from supporters.

If there were people that had different views, thats a matter for them, but what I saw was a strong endorsement to my commitment to reforming the party, he said. I was overwhelmed by the strong support in the room.

Senator Sarah Henderson called on the party to expel Anthony Albanese from office in her address. Penny Stephens

Privately, some of his colleagues fear Deemings defamation action will ultimately cost him his job by causing a distraction in the lead-up to the 2026 state election.

One MP said: Labor will weaponise both the bullying and defamation claims, and he wont ever be an effective opposition ... in the longer term he might have to consider an orderly handover.

Pesutto greets federal Liberal MP Dan Tehan at the conference. Penny Stephens

Federal Liberal MPs Dan Tehan, Jane Hume and James Paterson also attended the conference with the majority of state MPs and Victorian Nationals leader Peter Walsh.

As MPs and grassroots members arrived at the conference, Deemings supporters handed out copies of a newspaper article in which the MP declared in an interview she wont go quietly.

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Shame, shame: Opposition Leader John Pesutto booed at state council meeting - The Age

The prevailing view in Quebecs English-speaking community is that the Trudeau Liberal government has thrown us under the bus with Bill C-13, the federal language law passed Monday in the House of Commons and set for probable Senate approval and royal assent next month.

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A closer examination, I would suggest, shows it was the Conservative Party of Canada that threw us there. And that with C-13, the Liberals pulled us back out.

Many people working on language files within the federal government in 2020, as I was with the Commissioner of Official Languages, could see trouble coming for English and anglophones in Quebec with the election of Erin OToole as Conservative leader.

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OToole wasnt breaking new policy ground; the Bloc Qubcois and New Democratic Party were already in favour of a jurisdiction transfer. What OTooles pledge did mean, though, was that all three opposition parties in the House were now on board. And any opposition member of Parliament could table a private members bill to facilitate the transfer, and the minority Liberal government wouldnt have enough votes to stop it.

Politically, the Liberals had to come up with a response, and it arrived in the form of C-13, tabled in March of last year. This was 10 months after the Quebec government tabled Bill 96 and began to forcefully assert a claim to jurisdiction over the federal private sector in Quebec.

C-13 has two parts to it. Part 1 is a proposed modernization of the OLA. Part 2 proposes a separate affirmative-action law, the Use of French in Federally Regulated Private Businesses Act (UFA), that would apply in Quebec as well as outside Quebec in regions with strong local francophone populations.

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If C-13 gets royal assent without Senate changes, the UFA would create a right for consumers to be served in French, and for employees to work in French, without equal legal rights for English. On the other hand, employers would have the option to offer services in English and communicate with employees in English.

Notable, though, is that the provision permitting the use of English was left untouched. And Quebec conceded the federal government has the right to exempt any company from any provision of the UFA with or without conditions.

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French essential; English optional but not prohibited.

Its fine to legally require French on signs but not English, said the court. But English should be an option, so long as French is predominant.

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As for Part 1 of C-13, the modernization of the OLA, three explicit references to the charter have sparked concerns.

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That Jan. 31 vote was close, though. It was defeated by a 6-5 margin in committee. All four Conservatives, now under leader Pierre Poilievre, voted with the Bloc. The one NDP MP Niki Ashton voted with the five Liberals.

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First under OToole and again under Poilievre, the Conservatives showed no hesitation about throwing English and Quebec anglophones under the bus. Under challenging political circumstances, the Liberals with C-13 have made some real gains for French in Quebec and some real protections for English too. They deserve more credit than they are getting.

David Johnston was the federal Commissioner of Official Languages regional representative in Quebec from 2014 to 2022. He previously worked for 33 years for the Montreal Gazette, concluding as editorial-page editor.

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Opinion: Who threw Quebec anglos under the bus? Not Trudeau's Liberals - Montreal Gazette

Anna Gainey will be the Liberal candidate in a byelection scheduled to be held in the riding of Notre-Dame-de-GrceWestmount June 19.

In a tweet posted Monday night, Gainey, a past president of the Liberal Party of Canada and director of a foundation that supports charitable organizations offering environmental and arts education programs for youth, thanked her supporters for the nomination.

The federal Liberal party congratulated Gainey, describing her as a dedicated community leader ready to be a strong voice for people across her community in Ottawa.

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The Conservative Party of Canada also nominated its candidate Monday: Mathew Kaminski, who ran against Garneau in 2021 and came in third with 14 per cent of the vote. The accountant describes himself as a fiscal conservative who believes in transparency and financial responsibility.

Two people are seeking the nomination to run for the New Democratic Party in the byelection: Jean-Franois Filion, an English professor, and Malcolm Lewis-Richmond, a longtime party member.

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Three other ridings will also hold byelections on June 19: Oxford, in Ontario, and PortageLisgar and Winnipeg South Centre in Manitoba.

Voters can cast their ballots in advance polls June 9-12.

Rejected ballots: 446

Total votes: 46,037 of 73,595 total voters (turnout of 62.6%)

See more here:
Anna Gainey will run for Liberals in N.D.G.Westmount byelection - Montreal Gazette