Charter challenge warnings loom over Liberal justice bills as Conservatives demand tougher crime measures

By Tahani Elghazaly
Published January 18, 2026

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Canada’s Conservatives say they will keep pressing for tougher crime policies, arguing the Liberal government’s new justice package does not go far enough, even as legal experts and civil liberties advocates warn parts of the plan could face Charter of Rights and Freedoms challenges.

Conservative justice critic Larry Brock said the party’s messaging will not change, as three bills introduced by the government move through Parliament.

The package includes Bill C-9, which adds new intimidation and obstruction offences tied to access to religious, cultural, and community spaces, alongside hate-crime and hate-propaganda related amendments.

Bill C-14 focuses on bail by expanding “reverse-onus” scenarios, where an accused must show why they should be released rather than the Crown proving why detention is necessary, according to Justice Department materials.

Bill C-16 proposes broader sentencing and procedural changes, including restoring certain mandatory minimum jail penalties previously struck down by courts, while adding a mechanism the government says is designed to keep outcomes Charter-compliant.

Civil liberties advocates say broader reverse-onus bail rules could invite constitutional litigation, particularly if they apply to people regardless of criminal history.

Shakir Rahim, director of the criminal justice program at the Canadian Civil Liberties Association, said challenges are “likely,” adding the group is seriously considering court action.

The government says the measures are aimed at repeat and violent offenders and that the drafting seeks to balance public safety with Charter protections.