Province to bring back ankle bracelets for some suspects on bail

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This article was published 14/08/2024 (391 days ago), so information in it may no longer be current.

Manitoba is relaunching an electronic monitoring program for people accused of crimes who’ve been granted bail, while defence lawyers and Indigenous leaders raise concerns over how the ankle bracelets may roll out.

The program will see certain bailed individuals monitored 24/7 with GPS-equipped ankle bracelets pending court proceedings. It was announced Wednesday by Justice Minister Matt Wiebe.

A request for proposal was issued by the previous Progressive Conservative government last August before the contract was granted in June under the NDP.

The decision comes amid an ongoing political and public outcry over the bail system, which is granted by the courts under provisions in the federal Criminal Code, and follows new policies announced by the NDP in February meant to address public concerns with bail and repeat offenders.

“We’re looking at repeat offenders who are continuously breaching their bail conditions,” Wiebe told reporters.

The minister said the province currently has 100 of the bracelets available, though that number may increase to 200. Judges will be able to impose electronic monitoring conditions on individuals they grant bail, at their discretion, beginning next Aug. 19.

He said people accused of certain offences — including those involving firearms, aggravated sexual assaults and homicides — won’t be eligible for the program, if released on bail because they’re already subject to robust monitoring in the community. People accused of domestic violence won’t be eligible, but that may change following consultations.

Manitobans have made headlines in recent months after being charged with serious crimes while on bail. In May, a man out on bail for allegedly having inappropriate sexual contact with a teen was charged with killing her at Chemawawin Cree Nation. In June, a 19-year-old man who was out on bail for a slew of weapons offences was charged in a double homicide at Minegoziibe Anishinabe First Nation. And last week, a man on bail for weapons offences was accused in a Winnipeg shooting death.

The federal Conservatives and provincial governments, including the Manitoba NDP, have called for the Liberal government to enact changes to the Criminal Code to make it more difficult for those accused to access bail.

Lawyer Chris Gamby, a spokesman for the Criminal Defence Lawyers Association of Manitoba, said his organization is waiting for more specifics on the program.

“I can see benefits and possible challenges with this, in terms of how it’s administered,” said Gamby. “I have a lot of questions that haven’t been answered yet that will help us understand what impact this is going to have on the rights of accused persons.”

The Assembly of Manitoba Chiefs said it is concerned with the province’s decision to reintroduce ankle bracelets without first consulting it.

The assembly said increased surveillance could exacerbate inequities already faced by First Nations people in the justice system, especially if applied to non-violent offenders. The assembly, which represents most of the province’s First Nations, said it wants the policy reevaluated with a focus on restorative justice.

Court officials did not comment on the new program Wednesday.

The province has earmarked $2.9 million for the program over two years. Wiebe said the province might continue funding the program if it is successful.

A Winnipeg defence lawyer, granted anonymity to speak candidly, said he’s unsure how effective the program will be for offenders who repeatedly breach conditions — and whether the public money would be better spent on programming to support those on bail as well as crime prevention projects.

“I have a lot of questions that haven’t been answered yet that will help us understand what impact this is going to have.”–Chris Gamby, spokesman for the Manitoba Criminal Defence Lawyers Association

“It’s like finding a new creative way to incarcerate people (based on breaching conditions) without actually helping them,” said the lawyer, adding he suspects some will damage the devices.

Winnipeg Police Service acting Chief Art Stannard said he supports the program.

“We are hopeful that this tool will help hold people accountable to their release conditions. The public expects this,” Stannard said in a statement.

Probation services, the Crown prosecutions office and law enforcement will enforce the program, the province said. Security company Commissionaires Manitoba, which was granted the June contract, is working with the justice department to roll out, implement and monitor the program, under the province’s authority.

The device uses voice, audio and vibration commands to communicate with the alleged offenders outfitted with them, as well as loud alerts if the person enters a location they’re barred from attending.

The bracelet, the province said, is made of hardened and cut resistant steel, with anti-tampering technology built in.

The device will notify law enforcement of its location and court order breaches in real time.

The former Progressive Conservatives scrapped the previous ankle bracelet program in 2017, with then-justice minister Heather Stefanson calling the program in place at the time inaccurate and ineffective.

“That cut had consequences, we saw the impacts in our community, we saw repeat offenders in our communities making our communities less safe … calling into the question the efficacy of our justice system,” Wiebe said.

“We are hopeful that this tool will help hold people accountable to their release conditions.”–Art Stannard, acting WPS chief

In May 2023 then-Tory justice minister Kelvin Goertzen announced the government was working on a new program for people accused of crimes who are deemed a high risk to public safety, as well as a pilot program and more staff.

Goertzen said at the time the decision to bring back an electronic monitoring program was based, in part, on improvements in technology. The Tory minister directed justice officials to issue a request for proposal for the reinstated program.

PC justice critic Wayne Balcaen, a former Brandon police chief and the MLA for Brandon West, said ankle bracelets are a necessary tool for law enforcement.

Balcaen said the announcement is an example of the NDP taking credit for the PC’s plan.

“It does not surprise me they’re trying to capitalize on this one as well,” he said.

Balcaen also said he’s concerned with the fact the program is only set to roll out in Winnipeg at first, with no date given on when it may expand elsewhere in the province.

erik.pindera@freepress.mb.ca