Bail changes long overdue, Manitoba leaders say

Political leaders in Manitoba are cautiously optimistic bail reform will keep more dangerous offenders off the streets while some on the front-lines of the justice system aren’t convinced.

The Liberal government tabled legislation Thursday morning to enact sweeping changes to Canada’s Criminal Code that would make it harder for certain offenders to get bail. Tougher sentences for violent and repeat offenders are also proposed.

It move comes as concerns over crime are at the forefront of public and political discourse.

“There was massive political necessity for this,” University of Manitoba associate law professor Brandon Trask said.

“There was less of a legal necessity… but I think it was a good package deal that ended up addressing a lot of concerns that we’ve heard about across the country.”

Trask, a former Crown prosecutor in the Maritimes, said he was “pleasantly surprised” by the specifics of the bill — noting some of the legislation clarifies existing principles already enshrined in law.

He warned, however, the changes might lead to more contested bail hearings, and more people being held in jail. Manitoba’s bail courts are already very busy, so the proposed bill would likely exacerbate workloads for Crown prosecutors, Legal Aid lawyers and private defence lawyers.

Manitoba Crown Attorney Association spokesman Ben Wickstrom said the proposed changes are likely to result in more complicated court proceedings and trials.

“If this puts more burden on Crown attorneys, then we are going to need more Crown attorneys,” he said. “This is ultimately a situation where you need to have adequate resources to effectively administer the justice system.”

Kyle Ross, president of the Manitoba Government Employees’ Union, echoed that concern.

“The repercussions of this are going to be very challenging for our correctional officers and our correctional facilities. This legislation is likely going to mean a lot more people incarcerated,” he said. “We are already over capacity — adding more is going to make the job a lot more dangerous for correctional officers and the inmates, as well.”

Manitoba Justice Minister Matt Wiebe called the proposed legislation “a good first step.”

He said his government has been preparing for such changes by hiring 35 Crown attorneys and reducing court administrator vacancies by 85 per cent since October 2023.

Wickstrom disputed that claim, noting the Crown association has an ongoing grievance with the government over its workloads.

“We have a significant retention problem… We may hire 35 Crowns, but almost the same number leave,” he said.

The NDP has also pledged to replace a formerly shuttered jail in Dauphin, although it has not provided a timeline for when that project will break ground.

Progressive Conservative justice critic Wayne Balcean said he is “cautiously optimistic” about the proposed legislation, but noted it should put the province “on notice” about future investments.

“We’re going to need more Crowns, we’re going to need judges, correctional officers, maybe some jails. There’s lots of advanced warning here.”

Winnipeg Mayor Scott Gillingham, who was in Ottawa this week speaking to MPs about bail reform, lauded the bill.

“We do know that there’s a lot of work to do… but this is a big step forward today,” he told reporters at city hall.

Gillingham spoke with federal Justice Minister Sean Fraser in recent weeks and pushed for retail thefts to be considered as aggravating factors during criminal sentencing.

“Small crimes, if left unchecked… they become big crimes.”

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Chris Gamby, spokesman for the Criminal Defence Lawyers Association of Manitoba, said he was unconvinced by the bill.

“There are a whole bunch of knock-on consequences that can occur from a change to our bail system, the question is, is that change going to make us safer? This is an easy solution that may not actually solve a complex problem,” he said.

Gamby warned some of the changes could disproportionately impact Indigenous, impoverished and disadvantaged people. Lawyers will need to see the written legislation before they can determine its efficacy, he said.

– with files from Erik Pindera

tyler.searle@freepress.mb.ca

Tyler Searle
Reporter

Tyler Searle is a multimedia producer who writes for the Free Press’s city desk. A graduate of Red River College Polytechnic’s creative communications program, he wrote for the Stonewall Teulon Tribune, Selkirk Record and Express Weekly News before joining the paper in 2022. Read more about Tyler.

Every piece of reporting Tyler produces is reviewed by an editing team before it is posted online or published in print — part of the Free Press‘s tradition, since 1872, of producing reliable independent journalism. Read more about Free Press’s history and mandate, and learn how our newsroom operates.