The Society is calling on the Ontario government to reverse course and withdraw its call for legislative change that would lead to greater bail restrictions. On Oct. 14, a letter was sent to Ontario Attorney General Doug Downey, with a copy sent to Minister of Justice and Attorney General of Canada Sean Fraser, expressing serious concerns with the government's stance on bail reform, and the propagation of misleading information regarding how the current bail system operates.
As the letter states, "The bail system is not a revolving door for violent offenders. Contrary to public perceptions, a significant number of accused people are being held in pre-trial detention."
Just two days following the release of the letter, Prime Minister Mark Carney announced that his government will be introducing legislation that will amend the Criminal Code. Specifically, his government plans to expand reverse-onus bail provisions, allow consecutive sentencing, and impose harsher penalties for certain crimes. And on Oct. 23, the federal government followed through on its pledge and introduced the Bail and Sentencing Reform Act.
The Society is concerned that proposed reforms to the Criminal Code, the Youth Criminal Justice Act (YCJA) and the National Defence Act will violate the Charter-protected right to the presumption of innocence while expending public resources without increasing public safety. The average daily cost of keeping someone incarcerated in Ontario is costly for the public purse – amounting to $409/day in 2020-2021. Meanwhile, time spent in custody increases the likelihood of someone committing future offences, according to a 2015 Department of Justice report.
We call on both the federal and provincial governments to reverse course and instead address some of the systemic problems facing the criminal justice system, including prolonged delays and underfunded legal aid programs.
The Society’s letter can be read in full here.
