Bail reform summit produces ‘significant advancement’: Goertzen

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The proposed move to put the onus on those accused of repeated violent crimes to prove they should be released on bail, rather than Crown attorneys arguing they should be kept in jail, “strikes the right balance,” Manitoba’s justice minister says.

After calls to make bail more restrictive from provincial and territorial justice ministers last fall, and premiers in January, federal Justice Minister David Lametti said Friday he would soon introduce legislative changes to the Criminal Code.

Lametti made the commitment to bring in new legislation after what he called a “good and productive” meeting in Ottawa with his provincial and territorial counterparts, including Manitoba Justice Minister Kelvin Goertzen.

Such a move could come as soon as this legislative session, Goertzen said.

“Sometimes, I’ve left (Ottawa) disappointed. I would say, this time, I feel we were listened to and, if there’s actual follow through on the commitments that were made, then I think it’s a significant advancement of the position that Manitoba has been advocating for,” the veteran Steinbach MLA said Friday by phone.

“It’s not everything — and it’s certainly not everything we need when it comes to changes in the Criminal Code — but it is pretty far down the road, so we’re glad for that.”

Goertzen said he expects the proposed changes would see a reverse onus applied to repeat violent offenders who are seeking bail, as well as changes as it relates to serious offences committed with firearms.

That, in effect, means an accused meeting certain criteria would need to prove they should be granted bail, rather than the Crown proving they should be kept in jail prior to trial.

“We have a broad consensus on a path forward,” Lametti told reporters in Ottawa, saying reforms will address the challenges posed by repeat violent offenders and those facing firearms or other weapons charges.

The reverse onus would also apply to repeat offenders committing crimes using knives and bear spray, Goertzen said, which he said was of particular concern for Manitoba’s government.

Goertzen noted Lametti and federal Public Safety Minister Marco Mendicino made a point of including the issue.

“The changes will be flexible enough to include those who are repeat violent offenders using, for example bear spray, in an offence,” Goertzen said.

“I’m glad our voice wasn’t lost, I think we were heard.”

The changes would also require judges to consider the safety of the community as a whole and include that statement in a decision on bail, according to Goertzen.

The Manitoba minister added he’s “very mindful” of concerns for charter and constitutional rights of those accused of crimes.

“I don’t just have the role of minister of justice, which is concerned about public safety, I also have the role of attorney general, which is concerned with the provision of the law,” said Goertzen.

“I think this strikes the right balance… There are already provisions in the Criminal Code that allow for a reverse onus, they’re targeted and specific, and this would be, too… I think in that way it is constitutionally sound, but it also meets the expectations of the public.”

Under the Criminal Code, bail can be denied for a number of factors, including the likelihood of an accused coming to court, likelihood of reoffending, public safety, and public confidence in the administration of justice.

Lametti also told reporters the justice ministers agreed any measures they pursue in the name of public safety must not undermine efforts to address the over-representation of Indigenous and Black people in the criminal justice system.

Goertzen said the federal Liberal government, justice ministers of different political parties from across Canada, and the federal Conservatives worked together well on the bail file.

“I think it speaks to the best of political parties when we can come together like this and figure out something that’s not a solution, but an improvement.”

— with files from The Canadian Press

erik.pindera@freepress.mb.ca

Twitter: @erik_pindera