The police chief welcome the bail reform bill while a defence lawyer questions whether it will actually help or hinder the justice system. (ID 31343379 © Vladek | Dreamstime.com)

By Nigel Maxwell

Crime and courts

PA Police and defence lawyer respond to proposed bail reform

Oct 17, 2025 | 5:00 PM

Sweeping changes to Canada’s bail and sentencing rules are expected to be tabled by the federal government next week, but they are already being welcomed by the head of the Prince Albert Police Service.

Chief Patrick Nogier told paNOW these measure represent important steps toward restoring confidence in our local and provincial justice systems.

“Especially as it pertains to expanded reverse-onus bail provisions, consecutive sentencing options, and enhanced penalties for organized theft,” he said.

Reverse onus moves the burden of proof from the prosecutor to the accused — meaning they would have to justify being granted bail.

On Thursday, Prime Minister Mark Carney said that the legislation will make bail more difficult to get for a half-dozen violent and organized crime offences, including violent auto theft, break and enter, human trafficking, assault and sexual assault, as well as extortion. The forthcoming bail reform bill will also include amendments to the Criminal Code to allow consecutive sentencing, so those who commit multiple crimes spend more time behind bars; restrict conditional sentences for a range of sexual offences; and, impose harsher penalties for ‘organized retail theft.’

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Nogier said the collaboration between police and their Crown partners is essential to balancing enforcement priorities with timely and effective prosecution of repeat and violent offenders.

“As a Service, we also recognize that successful enforcement begins with the ability to lawfully gather and present evidence. Modernized lawful access provisions, including updates to electronic evidence protocols, remain vital to supporting police and prosecutors in holding offenders accountable.”

Defence lawyer Brian Pfefferle doesn’t think Canadians should expect to be any safer once the provisions come down. (File photo/paNOW)

Defence lawyer Brian Pfefferle said he’s not particularly surprised by the bail reform bill, given the political pressure governments are under to try and solve what he called the ‘perceived problem from the public about the so-called catch and release policies.’

“To say that I’m disappointed a little bit would be probably accurate because I was certainly hoping that the government would take more proactive steps to actually address issues associated with crime,” Pfefferle said.

What is interesting to him is the changes to consecutive sentencing.

“And restrictions on other aspects of sentencing where there appears to be at least some suggestion that they’re going to be really pulling in the reins on community-based sentencing and making sentences seem longer.”

He added, “I certainly could say I take more comfort in sentences being more significant than I do in restricting bail. Presumed innocent people in Canada are now waiting for trial in time periods that are longer than ever, in the history of our country frankly. When individuals are denied bail that doesn’t help in so many ways.”

He explained individuals end up not being able to afford private retainers, so they use the already overburdened legal aid system, which means it could take longer to go to trial and ultimately a longer wait for everybody involved to have justice.

Pfefferle suspects it will be difficult to make the proposed changes to the law without infringing on the Charter of Rights and Freedoms. He’s also concerned about increased work levels for lawyers and judges that are already dealing with workloads he called ‘unsustainable.’

Ultimately, he said the optics of the bail reform might sound good, but he wonders whether the justice system will have the ability to actually deal with it.

“Where’s the investment in our infrastructure? It’s like saying we’re going to put all these people in jail…well, you’ve kind of got to build the jails before you build the system that’s going to put more people into it. You’ve got to build the court system if you’re going to make more people go to trial, if you’re going to create fewer chances of resolution.”

To put it bluntly, Pfefferle said he doesn’t think Canadians should expect to be any safer once the provisions come down.

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nigel.maxwell@pattisonmedia.com

On X: @nigelmaxwell

— with files from the Canadian Press