Reverse Onus a Constitutional Challenge?

I think not.

Yesterday, Prime Minister Harper announced the intent to introduce “reverse onus” legislation to stem the tide of gun crimes. In a nutshell, reverse onus means that the defendant must prove that they are not a danger to the public if they receive bail, rather than the prosecution proving that they are.

Until the wording of the legislation is released, we’re not sure how it will be employed. However, the PM has stated that it will only kick in during a second offence, after a previous conviction of a gun-related crime. I’ve been a critic of many of Mr. Harper’s ramblings, but I must give him kudos for this one.

The fact that, “Some lawyers were outraged by the move, arguing it would create a false impression that gun crime is being addressed, while potentially imprisoning innocent people along with criminals,” is a non-issue. Defence lawyers and civil libertarians should just keep quiet on this one.

If you are convicted of a gun crime, and you are caught with a gun in your hand during the commission of another crime, what possible scenario could there be that you’re “innocent?” Yes, there may be insufficient evidence to convict, but that doesn’t mean you aren’t potentially a danger to the public.

The statistic they reported is that out of 1,000 crimes committed involving a firearm or restricted weapon this year in Toronto, 40% were committed by people on “bail, parole, temporary absence or probation.” I’d certainly want the potential of a 40%, or more, reduction in gun-related crime, wouldn’t you?

This is not a Constitutional challenge, as the potential legislation has been presented thus far. This is a case where the societal good outweighs any benefit that might come from striking the legislation down. And the Justices will concur. Gun crimes are getting out of hand, and a simple slap on the wrist punishment is insufficient. Certainly, prevention is key. Let’s find ways to keep our kids getting involved with gangs. But failing that, a little tough love might be in order.

To the defence lawyers I say this: How about you save taxpayers a few bucks in court costs and stop rattling your sabres over a Constitutional challenge? If your client has been caught with their hand in the cookie jar for a second time, and they’re “innocent,” they’ll have the opportunity to give reasons to the judge to allow bail.

Wings Over The World