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
Freeland leaves capital gains tax change out of coming budget implementation bill, here's why
Deputy Prime Minister and Finance Minister Chrystia Freeland will be tabling yet another omnibus bill to pass a sweeping range of measures promised in her April 16 federal budget, though left out of the legislation will be the government's proposed capital gains tax change.
Ontario woman surprised after 20-year-old fines suddenly tank credit score
An Ontario woman says that she was shocked when provincial fines from 20 years ago suddenly tanked her credit score last week, but the situation may not be as unusual as it seems, according to at least one debt expert.
Anger can harm your blood vessel function, study shows
Stress and anger can have a negative impact on cardiovascular health, studies have shown. New research points to just how the mechanism may work.
A 98-year-old in Ukraine walked miles to safety from Russians, with slippers and a cane
A 98-year-old woman in Ukraine who escaped Russian-occupied territory by walking almost 10 kilometres (six miles) alone, wearing a pair of slippers and supported by a cane has been reunited with her family days after they were separated while fleeing to safety.
Will an 'out of sight, out of mind' cellphone policy make a difference in Ontario schools?
Ontario’s cellphone ban in schools has been met with mixed reaction, with some teachers concerned about constant policing of kids and experts applauding the change as necessary for student learning.
A Utah couple accidentally shipped their cat with an Amazon return. A week -- and 3 'miracles' -- later, they were on a plane to meet a stranger
The Amazon returns employee wasn't at work the day one of her colleagues at a California warehouse found a small, furry stowaway in a box mailed six days earlier from Utah. But Brandy Hunter got the call anyway.
Dueling protesters clash at UCLA hours after police clear pro-Palestinian demonstration at Columbia
Dueling groups of protesters clashed Wednesday at the University of California, Los Angeles, grappling in fistfights and shoving, kicking and using sticks to beat one another. Hours earlier, police burst into a building at Columbia University that pro-Palestinian protesters took over and broke up a demonstration that had paralyzed the school while inspiring others.
Poilievre kicked out of Commons after calling Prime Minister Justin Trudeau 'wacko'
Testy exchanges between the prime minister and his chief opponent ended with the Opposition leader and one of his MPs being ejected from the House of Commons on Tuesday -- and the rest of Conservative caucus walking out of the chamber in protest.
Avalanche eliminate Winnipeg Jets from playoffs with 6-3 road win
Mikko Rantanen's first two goals of the playoffs propelled the Colorado Avalanche to a 6-3 victory over the Winnipeg Jets on Tuesday that clinched their opening-round playoff series in five games.