Justice ministers meeting on bail reform scheduled for March

Hey there, time traveller!
This article was published 16/02/2023 (934 days ago), so information in it may no longer be current.

A meeting on potential bail reform called for by provincial and territorial ministers will happen next month, the office of the federal justice minister says.

Manitoba Justice Minister Kelvin Goertzen and Saskatchewan counterpart Bronwyn Eyre had issued a joint letter Thursday morning to federal Justice Minister David Lametti, asking Ottawa to convene a summit as soon as possible.

Goertzen said he is seeking changes to the Criminal Code to prevent people from being violently victimized by accused offenders out on bail, by subjecting certain accused to more stringent bail considerations.

“It’s violent and it’s random and it’s concerning, and these changes have to happen quickly,” the Steinbach MLA said.

On Thursday afternoon, Lametti’s spokeswoman said the minister announced in early February he would convene an emergency meeting of justice ministers, and unofficial ‘save-the-dates’ went out last week, which officials confirmed they had received.

The federal office plans for the meeting to occur March 10, she said, adding official notice would go to provincial and territorial officials late Thursday.

The provincial and territorial ministers discussed the issue of bail reform with Lametti at a meeting in October. At the time, ministers said they’re concerned about people accused of committing violent crimes with weapons such as knives and bear deterrent spray being granted bail.

Provincial and territorial premiers also wrote a letter to the prime minister requesting the Criminal Code be amended to incorporate a reverse onus for the possession of a loaded or restricted firearm, and that a broader review of bail for firearms offences be conducted to determine if those offences should also be subject to reverse onus on bail.

In effect, it would mean an accused offender would be required to prove they should be released, rather than the Crown prosecutor having to prove they should be held in pre-trial detention.

“The minister is looking at the suggestions provided by premiers closely, including the possibility of establishing a reverse onus for additional offences,” Lametti’s spokeswoman said in an email Thursday.

She added the federal government is looking at other ways to support provinces in the administration of justice.

”This includes ensuring police have the necessary resources and training they need to monitor individuals on bail and to apprehend those who have breached their bail conditions, as well as more support for access to mental health and addictions services.”

University of Manitoba assistant professor of law Brandon Trask said he doesn’t think it would be accurate to describe the bail system as more broken now than it was previously.

“The pendulum may have shifted more recently, towards reminding everyone, all players in the system, that there’s a charter right to not be denied reasonable bail without just cause,” Trask said.

“I think that the Supreme Court and Parliament more recently has reoriented everyone to this starting point of, ‘There’s charter rights to not be denied bail without just cause, and then, where do we go from there?’ I think that’s where the complexity is coming from.”

Implementing a potential reverse onus for knife crime, for example, is an interesting suggestion, he said.

“I think there are potential charter issues with that, but it’s worth further study,” Trask said. “Extending that to all violent crime, in my view, there’s a massive charter issue with that.”

erik.pindera@freepress.mb.ca

Twitter: @erik_pindera

Erik Pindera
Reporter

Erik Pindera is a reporter for the Free Press, mostly focusing on crime and justice. The born-and-bred Winnipegger attended Red River College Polytechnic, wrote for the community newspaper in Kenora, Ont. and reported on television and radio in Winnipeg before joining the Free Press in 2020.  Read more about Erik.

Every piece of reporting Erik 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.