Crowns call for bail changes

Manitoba’s prosecutors are recommending changes in the provincial court bail hearings process, arguing the current system is “frenzied” and leaves them little time to prepare.

The Manitoba Association of Crown Attorneys wants the court to issue a new directive, requiring that prosecutors receive 24 hours’ notice before an accused criminal appears before a provincial court judge to apply for pre-trial release.

Under the current system, prosecutors routinely rush to bail hearings at a moment’s notice. The change would allow them more time to review release plans and prepare arguments, said Ben Wickstrom, the association’s vice-president of prosecutions.

“We believe that this system does a disservice to public safety by undermining the ability of Crown attorneys to properly prepare for these hearings and put full information before the court,” Wickstrom told reporters Monday.

“What happens is the court isn’t apprised of all the facts that they ought to be, and the decisions they make aren’t necessarily the best ones that could be made, if all information was before them.”

The recommendation from the Crown attorneys’ union comes amid mounting calls for bail reform from the public and politicians at every level of government.

New legislation on bail and sentencing will be introduced in the House of Commons next month, Prime Minister Mark Carney has said.

“We leave it to Parliament to decide on what the law of bail is in Canada, but we think we have something to add in terms of just how the process works,” Wickstrom said.

In Manitoba, a person detained and charged with a crime typically appears in a bail triage court before a justice of the peace, where their lawyer can request a transfer to a bail court in front of a judge for a contested hearing.

Defence lawyers lay out a plan, including potential conditions, such as orders to stay sober and abide by a curfew, to address concerns around the person’s release. If the Crown contests the release, a prosecutor must present a convincing argument.

Transfers from the triage court to the bail court can occur without notice, said Brooke Johnson, a Crown attorney experienced in bail proceedings.

“One of the main problems is that when you step in the door to court (in the) morning, you have no idea what it is that’s going to be proceeding that day. Bail court is essentially the only place where that happens,” she said.

“There are many things that we need to check and ensure before we propose anything to the court, whether we are opposed or whether this bail plan is sufficient to protect the public.”

As many as 100 people may appear on a bail triage docket on any given day, leaving prosecutors with an overwhelming amount of material to review, including an accused’s prior criminal record, past instances in which they were granted bail, a release plan and the circumstances of the victim, Johnson said.

Other provinces, including British Columbia, Alberta, Saskatchewan and Ontario “virtually all require some notice” if an accused is going to seek a bail hearing before court begins, the Manitoba association said.

Provincial court Chief Judge Ryan Rolston declined to comment Monday, saying he had not had time to review and consider the association’s recommendation.

In a statement, the Criminal Defence Lawyers Association of Manitoba said the current system works to ensure matters are triaged appropriately and that bail applications can be made at the earliest opportunity.

“Adding additional barriers and further delays to making an application would be unreasonable in our view. Individuals held in custody pending release are presumed innocent. Accused persons should be able to make an application as soon as they’re able to do so,” it said.

“The addition of another Crown attorney to assist with (bail docket) matters might be the most expedient way to resolve the issue.”

“The Crown, having indicated that they’re opposed to release, should be able to articulate why at the time they make that decision.”

The defence lawyers argue the issue is actually one of resources in the prosecution’s office.

“The addition of another Crown attorney to assist with (bail docket) matters might be the most expedient way to resolve the issue,” the statement said.

Wickstrom similarly called for the province and the City of Winnipeg to bolster resources for bail court, with more prosecutors to handle the workload and more police resources to investigate the plans of those who are out on bail.

Justice Minister Matt Wiebe said the province is “committed to strengthening bail.”

“I appreciate the union sharing their recommendations on ways to improve the functioning of bail court,” Wiebe said in a statement.

Winnipeg Mayor Scott Gillingham, who recently added his voice to those of other Canadian municipal and provincial leaders loudly calling for the federal government to reform the bail system, applauded the association for raising its concerns publicly.

“I’m glad they have raised the issue of the need for changes,” Gillingham said.

“It’s not working the way it could be, in my mind, or how it should be, because there’s too many times when public safety is put at risk by individuals who are breaching court orders.”

Gillingham said the issue of police resources for bail-related investigations is ultimately up to the city’s police chief and the Winnipeg Police Board, but added he’s happy to discuss the matter.

The WPS and RCMP both said they were unable to comment Monday.

erik.pindera@freepress.mb.ca

tyler.searle@freepress.mb.ca