Province announces bail-reform plan By: Carol Sanders Posted: 11:02 AM CST Thursday, Feb. 29, 2024 Last Modified: 6:35 PM CST Thursday, Feb. 29, 2024 Updates

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Manitoba Crown attorneys are being directed to take a tougher approach to bail, while more officers will track those who have been released, as the NDP government announced its plan to address justice issues and public safety.

“The concern is that if somebody does get picked up off the street, the next day or maybe even later the same day, those same people causing problems in our communities are back at it again,” Premier Wab Kinew said Thursday at a news conference outlining how the province aims to “get tough on crime and the root causes of crime.”

One of the measures includes a policy advising Crown attorneys to consider the impact on community safety in their presentations at bail hearings.

“In certain cases, it is not only appropriate but necessary for Crown attorneys to take a more stringent approach to bail,” the policy guidelines state. “In considering the risk to public safety, Crown attorneys should consider all factors that speak to risk and the need for continued detention.”

Those with bail court experience say the directives are not new. The Criminal Code already sets out three conditions for deciding to release somebody on bail: are they a flight risk or not going to show up for court; are they a risk to re-offend or a danger to the community; and will their release bring the justice system into disrepute?

“Right now, because there’s no policy in place at the provincial level — it’s up to the individual Crown,” Kinew said at Winnipeg’s Sturgeon Heights Community Centre.

“Now we’re bringing in a standardized approach and we’re saying, ‘You have to include in the presentation and in your thinking about the bail process the impact on community safety.’”

Progressive Conservative justice critic Wayne Balcaen said, after waiting beyond the 100-day post-election timeframe the NDP had promised to bring forward a plan to address bail concerns and public safety, he was disappointed.

“All of these are taken into account already,” the former chief of the Brandon Police Service said via Zoom.

The Manitoba Association of Crown Attorneys said it had “no comment” on the new policy.

Some criminal prosecutors, however, agreed to weigh in, speaking on condition of anonymity.

One called it “kind of insulting.”

The government is “just directing us to do what we already do,” the Crown attorney said. “These policies are directed by people who don’t understand the system… What in the world do they think we look at when we oppose bail?”

Another Crown attorney said the NDP government’s directive is a reversal from the way bail issues were addressed under the PCs, when there was a “shift” to releasing more people on bail.

“These policies are directed by people who don’t understand the system… What in the world do they think we look at when we oppose bail?”–Crown attorney

“This seems to be an about-face,” they said. “The previous (Tory) government would always talk about law and order… but it was all about the dollars and cents.

“This may be a shift back to the median. I will be interested to see it.”

Criminal defence lawyer Stacey Soldier, a senior associate at Winnipeg firm Cochrane Saxberg, said public safety is already being considered by those in bail court.

“I can say, after reviewing this policy, that it’s really clear the person or people who wrote it haven’t been in a bail court — at least not recently,” Soldier said. “The Crown attorneys who go to bail court are exceptionally skilled at their job.”

During the announcement, Kinew noted Crown attorneys preparing for bail hearings will get help from police: “They’re literally walking the beat. They have the institutional knowledge to be able to say, ‘Here’s what we’ve been dealing with in this area or here’s what this individual’s been up to in the recent past.’”

The NDP plan includes $3 million in funding for the Winnipeg Police Service to hire 12 new officer positions in 2024-25 to track down those who violate bail conditions, Justice Minister Matt Wiebe said.

Those positions are in addition to the 12 WPS and RCMP officers that formed the Manitoba integrated violent offender apprehension unit announced in 2022, he said.

A further $514,000 will be spent to expand data and intelligence sharing across jurisdictions and police agencies.

Five new bail workers will be hired to provide intensive supervision and expand mental health and addictions supports to ensure “chronic offenders” on bail adhere to their conditions, at a cost of $500,000, the province said.

The NDP plan was hailed by the National Police Federation, the union representing RCMP regular members and reservists below the rank of inspector.

“When a serious crime shakes our community, it seems one of the first questions asked is: ‘Were they on bail? What were their conditions? Was anybody monitoring that?’” Prairie region director Bobby Baker said at the news conference.

“A robust community bail monitoring and enforcement system is critical for ensuring the effective oversight of offenders on bail, and proactively enhances public safety.”

The NDP also announced a “safety summit” with police, community organizations, government and experts to address the root causes of crime and safety concerns.

Winnipeg Mayor Scott Gillingham welcomed the news.

“One of the goals this year that I’ve had is the development of a community safety plan for the City of Winnipeg that brings everyone together to address this issue,” the mayor said. “It can’t just be the police… By tackling the challenge together, we can make a difference.”

— with files from Dean Pritchard and Danielle Da Silva

carol.sanders@freepress.mb.ca