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As recently as March of 2018, a new bill, Bill C-75, was presented in Parliament. The overall goal of this bill is both to decrease backlog in the courts and to increase the severity and seriousness of the way that intimate partner violence is handled within the criminal justice system.
According to section 265(1) of the Criminal Code, assault is defined comprehensively. This includes when a person, without the consent of another person, applies force intentionally to that other person (either directly or indirectly). It also encompasses attempts or threats by an act or gesture to apply force to another person or situations where the other person is made to believe on reasonable grounds that force will be applied.
The definition goes further to include scenarios where someone openly wearing or carrying a weapon or an imitation thereof, impedes another person or begs. It is important to underscore that this section includes all forms of assault.
Opinions about the state of the current system vary, with some asserting that it is broken. Such critics argue that this new bill allegedly “has the potential to enhance the safety of victims and to increase their trust in the criminal justice system”. On the other hand, some express worry that some of the proposed amendments, in their view, constitute a violation of the accused's Charter rights.
Several changes to the law included in Bill C-75 are noteworthy, especially if you ever find yourself with a domestic violence charge. First, Bill C-75 proposes a broader definition of domestic violence. This would be affected by replacing “spouse” and “common-law partner” in the Criminal Code with the more inclusive term “intimate partner”. The definition would also consider past partners in its scope. A critical thing to keep in mind is that with this bill, offences that were previously regarded as not as serious will rise in severity to match existing domestic violence offences.
Furthermore, the bill addresses the issue of domestic violence offenders who allegedly present a high risk of breaching bail conditions. To mitigate this risk, the bill proposes the implementation of a higher threshold for bail. This move is pivotal, especially in situations where you are charged with domestic assault more than once. In such circumstances, a reverse onus would be put on you to prove why you should be released. This implies that the burden of proof shifts to you - you would have to substantiate why you deserve to be released rather than the Crown having to prove why you should not be released.
The final aspect of this bill, Bill C-75, is the increased sentences for repeat offenders. If you happen to be a repeat domestic offender, be aware that under this bill, the maximum penalty you may face will be increased. The law would also make clear that sentencing provisions concerning intimate-partner violence as an aggravating factor apply to both current and former partners.
It is worth noting that some judges are already adopting the practices that this proposed government bill seeks to legislate. With the introduction of Bill C-75, these practices are being “codified” and are more likely to be implemented in your court case. The implications of this are serious - Criminal Code offences related to domestic assault are very serious offences. If you find yourself charged with a domestic assault offence, it is advisable to be represented by an experienced criminal defence lawyer if you intend to successfully fight the charges.
If you are facing criminal offence charges, contact Pyzer Criminal Lawyers for a free consultation today. This should be your first step when faced with such serious charges as it can greatly influence the outcome of your case.
