The Reverse Onus at Bail for Intimate Partner Violence: An Unconstitutional and Ineffective Measure

Authors

Ella Peterson, Dalhousie UniversityFollow

Keywords

reverse onus, bail, intimate partner violence, bail legislation, domestic violence, criminal code, IPV, IPV bail, intimate partner violence bail, bill c-75, bill c-48, constitutional law, charter assessment, IPV reverse onus

Abstract

The recently adopted reverse onus at bail for repeat intimate partner violence is a piece of performative legislation that is ineffectual and may harm those it seeks to protect. Part I of this paper provides an overview of intimate partner violence in Canada in order to contextualize s. 515(6)(b.1) of the Criminal Code. Part II is a Charter assessment of the reverse onus provision at issue, focusing on sections 7 and 11(e). Part III concludes with a critique of the effectiveness of the reverse onus, which fails to address the root causes of intimate partner violence.

Creative Commons License

This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.

Recommended Citation

Ella Peterson, "The Reverse Onus at Bail for Intimate Partner Violence: An Unconstitutional and Ineffective Measure" (2025) 34 Dal J Leg Stud 103.