Canadian Lawyer

October 2025

The most widely read magazine for Canadian lawyers

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FEATURE CROSS EXAMINED 12 www.canadianlawyermag.com BAIL REFORM TOPS ATTORNEY GENERAL'S JUSTICE AGENDA Justice Minister Sean Fraser outlines a collaborative approach to public safety while defending core constitutional protections SEAN FRASER calls it "the most incredible opportunity to have an impact on issues that matter." But for Canada's newly appointed minister of justice and attorney general, that impact now comes with boundaries – namely, the kind that let him devote time to his family, even while overseeing one of the country's most politically charged portfolios. The long-serving MP from Nova Scotia, who held senior posts under Justin Trudeau, had announced his departure from politics at the end of 2024 – a decision driven by the strain of raising young children while running major files like immigration and housing. But then Mark Carney became prime minister and everything shifted. "It wasn't until more or less the day before I announced my return that I had in earnest considered ... coming back," Fraser says. The catalyst was a call from Carney, who offered to redesign the role around Fraser's personal needs. "He gives me the space to both be a present, engaged father and husband ... and add value as the minister of justice and attorney general." Fraser now steps into the justice file at a time when bail reform is dominating headlines. Unlike past governments, which kept the justice and public safety ministries separate, Carney's administration is using a shared oversight model. Fraser leads on bail, while others take the reins on law enforcement. "On the policies that are more tied to the specific powers of law enforcement, public safety would likely be the lead, and I'll have a supporting role," he says. "On bail reform ... I expect I'll be the lead." The redesign is meant to break the inertia critics have long associated with Canada's criminal justice reform. But Fraser is adamant about the line his government won't cross. "The presumption of innocence, the privacy rights guaranteed to Canadians ... are essential features to a constitutional democracy that I stand by," he says. "Just because we want to improve certain outcomes around public safety doesn't mean that we need to do it outside of the constraints of the Constitution." Still, the government is under pressure to act – fast. With spikes in organized crime and violent offences such as home invasions and auto theft, Fraser acknowledges that public frustration is mounting. "The rules that we have on the books are not fully used to the extent that they could be," he says. In some cases, the bail system may need to be rebalanced. "We should revisit the authorities and the processes that are used to determine who's going to be released on bail." This summer, Fraser and his ministerial colleagues toured communities to test whether the party's campaign promises are in sync with public expectations. "Are the commitments we've made during the "Just because we want to improve certain outcomes around public safety doesn't mean that we need to do it outside of the constraints of the Constitution"

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