EP#220 | Bill C-14: The End of Presumed Innocence?

**Sponsored by EasyDNS** Move your domain or web hosting to EasyDNS and support Not On Record: https://easydns.com/NotOnRecord Use promo code: **notonrecord** In Episode 220 of Not On Record, criminal defence lawyers Michael Bury and Nick discuss Canada’s new Bail and Sentencing Reform Act (Bill C-14), a sweeping piece of legislation introducing more than 80 changes to Canada’s bail and sentencing laws. The discussion examines the government’s stated goal of addressing public concerns over repeat offenders, violent crime, auto theft, home invasions, human trafficking, and organized criminal activity. Michael and Nick break down the most significant reforms, including expanded reverse onus provisions, restrictions on sureties, changes to the ladder principle, new sentencing aggravating factors, and the elimination of conditional sentence orders for certain offences. The episode also explores the potential unintended consequences of these reforms, including increased pre-trial detention, overcrowded jails, longer bail delays, additional pressure on courts, and the impact on accused persons who remain presumed innocent while awaiting trial. The hosts discuss concerns raised by defence lawyers, civil liberties advocates, and organizations that question whether tougher bail laws will meaningfully reduce crime or simply place greater strain on an already overburdened justice system. Topics include reverse onus bail hearings, human trafficking offences, auto theft, home invasions, conditional sentences, prison overcrowding, mental health concerns, rehabilitation, GPS monitoring programs, and the broader debate between public safety and civil liberties. Chapters * 00:00 Introduction to Bill C-14 * 03:15 Overview of Bail and Sentencing Reform Act * 07:30 Reverse Onus Expansion Explained * 12:40 Changes to Sureties and the Ladder Principle * 18:45 Human Trafficking, Auto Theft and Home Invasions * 24:20 Presumption of Innocence vs Public Safety * 31:10 Bail Court Delays and System Strain * 38:00 Conditions Inside Ontario Jails * 45:30 Impact on Defence Preparation and Fair Trials * 52:15 Conditional Sentences and House Arrest Changes * 58:40 Indigenous and Vulnerable Populations * 1:04:20 Mental Health, Addiction and Recidivism * 1:10:10 GPS Monitoring and Alternative Approaches * 1:15:30 Final Thoughts on Bill C-14