B.C. government and opposition at odds over bail data

The B.C. Prosecution Service is releasing preliminary data about how many times Crown lawyers sought to keep alleged offenders behind bars, and how often that request was granted.

The information covers seven, non-consecutive weeks, starting Nov. 7 and ending March 12. It shows slightly more people accused of violent crimes were kept behind bars until trial in February and March compared to late last year.

In a statement, the service said due to a relatively small sample size and the limited time covered, it draws no conclusions. The data is labour-intensive and must be collected manually, which is the reason some weeks are missing.

Still, the warning didn't stop politicians from making their own conclusions.

BC United MLA Elenore Sturko pointed out the snapshot showed Crown counsel is only asking bail be denied in about half of cases involving violence and a breach of court conditions.

"Certainly, we would like to see them ask 100 per cent of the time," added Sturko.

Sturko said the assumption is more asks would mean more people jailed. Yet, she also admitted each case is different and there's no way to predict whether that's true, because of several factors. The final decision lies with a judge.

Attorney General Niki Sharma focused on another part of the statistics, which showed when Crown counsel is seeking detention, a judge denies that request in about half of all cases.

"Clearly, it's bail reform from the Criminal Code that's needed," Sharma said.

For months, the opposition asked for a policy change that would see Crown prosecutors ask for detention more often in violent, repeat offender cases. Late last year, the government relented and issued a directive.

Sturko insisted stronger language is needed in that directive "to make sure it's in the public interest and widely understood by the B.C. Prosecution Service."

Sharma dismissed that concern, saying the policy in B.C. is the "strongest in the country."

The B.C. Prosecution Service says a policy change on its own wouldn't be able to impact bail hearing outcomes.

The attorney general wrote to the federal justice minister last week, to keep up the pressure to get bail laws amended as soon as possible.

The letter reads, in part: "To have only half, or less than half of the cases in which Crown counsel show cause for detention result in a detention order is deeply concerning."

The document closes by noting a prior commitment by the federal government to change bail laws this spring. The House of Commons legislative session runs until June. 

The full text of Sharma's letter is embedded below.