A common-sense bail reform plan

Opinion

When you want to solve a serious problem, those who have hands-on experience with the issue are often the ones with the insight to offer the best solution.

As a growing number of Canadians call for changes to what they regard as a revolving-door bail system that puts persons charged with criminal offences back on the street far too quickly and easily, Manitoba’s Crown attorneys have come forward with a common-sense plan that has the potential to tighten up the province’s bail system and make our communities safer.

They are recommending that the Manitoba Provincial Court — the court that typically handles bail applications in criminal cases — issue a new procedural directive that would require that prosecutors receive at least 24 hours’ notice before an in-custody person accused of a criminal offence is able to appear before a provincial court judge to apply for pre-trial release.

As part of their plan, the prosecutors are also asking that police officers be assigned to assist them in vetting proposal bail plans.

Many Manitobans will be surprised, if not shocked, to learn that under the current bail system in the province, prosecutors are often required to respond to bail applications without any prior notice or time to prepare to respond to the application. In fact, they often find out that bail is being requested by an accused just minutes before that person’s case goes before a judge.

On Monday, Crown attorney Brooke Johnson told the media that “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.”

She added that “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.”

Under such a rushed, haphazard system, there is considerable potential for the court to not be made aware of all relevant facts prior to weighing the merits of the bail application — because the prosecutor did not have sufficient time to obtain that information and include it in submissions to the judge hearing the matter.

That flaw dramatically increases the likelihood of the bail application being heard without the judge having a complete, accurate understanding of the situation and the risks involved. That, in turn, can result in a person who should not receive bail being released into the community.

And, as we have seen far too many times over the past few years, having the wrong people out on bail can have serious, even deadly, consequences.

In response to the nationwide outcry for bail reform, the federal government says that legislation addressing both bail and sentencing issues will be tabled sometime next month. That is welcome news, but the proposal advocated by Manitoba’s Crown attorneys is a simple, logical solution that has the potential to make an immediate, positive difference in the province’s criminal justice system.

Given that possibility, and the fact that such procedures are already in place in other provinces, we are surprised that Manitoba Attorney General Matt Wiebe appears unwilling to commit to implementing the proposed measures.

That is a mistake that will only prolong the problems in the bail system, putting Manitobans at needless risk. For that reason, we urge the minister to listen to his prosecutors and reconsider his position.