Trying to deny bail to alleged criminals may result in more people being set free, experts say
Random violence, theft and smashed windows at businesses, have the political rhetoric in Victoria ramped all the way up.
The opposition, B.C. United, continued to hammer away at the NDP government's handling of crime and decriminalization. Earlier this week, the focus was on Crown prosecutors.
After the release of preliminary data by the BC Prosecution Service, B.C. United called on the province to provide clearer direction to Crown counsel when it comes to denying bail for repeat, violent offenders.
The party believes too many people who are accused of violent crime repeatedly, and who are also accused of breaching bail conditions are going free and putting communities at risk.
The hope, in these cases, is to increase how often Crown laywers ask for people to remain behind bars.
Asked how often Crown should seek detention for those accused of violence and breaching a court order, B.C. United MLA Elenore Sturko was clear.
"Certainly we would like to see them ask 100 per cent of the time," Sturko said Monday.
Joel Bakan is a law professor at the University of British Columbia. He told CTV News the justice system is based, in part, on the idea that prosecutors have discretion.
"It's a core part of our system that prosecutors have the discretion to decide in any given case on the basis of the unique circumstances of that case, whether or not they should pursue detention and that's something judges rely upon," Bakan added.
Another pillar, that prosecutors act based on their judgement and not bend to what politicians think.
"I hesitate to use the word thoughtless, but that seems to be the best description of the proposal," Bakan said of the B.C. United proposal.
Bakan explained if judges thought Crown counsel was pursuing a blanket policy, it may actually undermine the reason why the opposition thought the proposal was a good idea in the first place. He added, it may even lead to fewer detentions.
The BC Prosecution Service, agrees. In a statement adding, "If Crown Counsel simply sought detention as a blanket policy in every case without regard to the circumstances, they would be in breach of the law and their submissions would (be) disregarded by the presiding judges. The net result would likely be fewer, not more, detention orders."
Bakan points out there are many reasons why a Crown lawyer may not seek to hold an alleged criminal in jail until trial. He said some of those considerations may be, are they the bread winner, are there mental health issues at play, or other social issues.
Another key consideration is not putting people in jail because some studies have found that leads to a higher likelihood of reoffending.
BCPS points out in determining bail there are several factors at play, including making the argument that detention will:
- Ensure the accused attends court;
- Ensure the safety or protection of the public, including any victims or witnesses;
- Maintain public confidence in the administration of justice.
Yet, judges must exercise restraint in denying bail. That's because the Criminal Code and bail rules mean that detention is the exception, not the rule.
The NDP government's suggestion: Ottawa needs to reform bail rules. In violent cases involving a variety of weapons, they want to see the accused prove they aren’t a threat to the public.
Other premiers are also pressuring Ottawa for the same. Bakan said, that's problematic because they attack the core of the justice system -- that you are presumed innocent until proven guilty.
"I don't think these are going to help the causes of crime are very complex," added Bakan.
The answers too, he said, are complex like addressing poverty, housing, and mental health issues.
Bakan went on to say, "You talk to most criminologists and they will tell you that when you have healthy societies, housing, people are secure. Safety, public safety is much more protected."
Those hoping for a quick fix to high-profile crime and acts of random violence, are likely out of luck.
CTVNews.ca Top Stories
NEW From yearning for a change to cost of living, why some Canadians have left or may leave the country
For some immigrants, their dreams of permanently settling in Canada have taken an unexpected twist.
Here are the ultraprocessed foods you most need to avoid, according to a 30-year study
Studies have shown that ultraprocessed foods can have a detrimental impact on health. But 30 years of research show they don’t all have the same impact.
NEW Capital gains tax change 'shortsighted' and 'sows division' business groups tell Freeland
Forging ahead with increasing Canada's capital gains inclusion rate 'sows division,' and is a 'shortsighted' way to improve the deficit, business groups are warning Finance Minister Chrystia Freeland.
Ontario man frustrated after $3,500 paving job leaves driveway in shambles
An Ontario man considering having his driveway paved received a quote from a company for $7,000, but then, another paver in the neighbourhood knocked on his door and offered half that rate.
Defence attacks Stormy Daniels' credibility as she returns to the stand in Trump's hush money trial
Stormy Daniels will return to the witness stand Thursday in Donald Trump's hush money trial as the defence tries to undermine the credibility of the porn actor's salacious testimony about their alleged sexual encounter and the money she was paid to keep quiet.
With contactless screening tech, this Toronto startup hopes to catch breast cancer early — and save lives
Amid evidence of rising breast cancer rates among young women in Canada, one Toronto startup is offering a contactless and radiation-free device that can help doctors identify suspicious changes in breast tissue. The company, Linda Lifetech, says this can lead to earlier detection of breast cancer.
Tornadoes tear through southeastern U.S. as storms leave 3 dead
Forecasters warned a wave of dangerous storms in the U.S. could wash over parts of the South early Thursday, a day after severe weather with damaging tornadoes and large hail killed at least three people in the region.
Police handcuff man trying to enter Drake's Toronto mansion
Toronto police say a man was taken into custody outside Drake's Bridle Path mansion Wednesday afternoon after he tried to gain access to the residence.
What is whooping cough and should Canadians be concerned as Europe declares outbreak?
There is currently a whooping cough epidemic in Europe, with 10 times as many cases compared to the previous two years. While an outbreak has not been declared nationwide in Canada, whooping cough is regularly detected in the country.