LILLEY: Here's what Doug Ford needs to do to make bail reform work
· Toronto Sun
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Doug Ford has spent the last several years calling on the Liberal government in Ottawa to change the bail laws. They’ve finally done that and now it’s up to Ford to act and act quickly to ensure we get the results the public is demanding.
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Two main things have to be done by Ford and his Attorney General Doug Downey to make these changes stick.
First off, they need to change the training provided to judges and justices of the peace. Currently, the training given to new and existing judges spends little time educating those holding bail hearings on when and how to deny bail and hold someone while awaiting trial.
The province also needs to update the manuals they issue to police and Crown prosecutors on how to proceed with cases. It will be up to provincial Crown attorneys to argue for measures such as applying reverse onus on an accused facing certain violent offences.
The province, and Attorney General Downey, have been reluctant or slow to make these changes. The passing of Bill C-14 gives them all the political cover they need — the law has changed, the directions given to the system needs to change.
Trudeau’s Liberals made changes to destroy system
Bill C-14 not only allows for more instances where reverse onus applies in bail cases, it allows judges to consider whether the accused is facing other outstanding serious charges. The fact that the law previously didn’t allow that to happen tells you how far we had fallen from sanity.
In 2019, the Justin Trudeau Liberals passed Bill C-19 which changed the criminal code to give explicit instructions for judges and justices of the peace hearing bail cases.
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“In making a decision under this Part, a peace officer, justice or judge shall give primary consideration to the release of the accused at the earliest reasonable opportunity and on the least onerous conditions that are appropriate in the circumstances,” read Bill C-75.
That one change led to horrible outcomes and story after story of violent, repeat offenders being arrested and released almost immediately back onto the streets to commit more crimes.
Tepid changes before real change
In 2023, under pressure from provincial governments of every political stripe, the Liberals made mild changes to the bail system but didn’t go far enough. The revolving door continued, the bad headlines for the government continued, but the Liberals refused to make further changes.
Now that C-14 has passed, the changes take effect 30 days from this past Tuesday and things should start to shift. That said, it’s hard to give the Liberals credit for these changes: that would be like applauding the arsonist who puts out the fire.
The bottom line is that Bill C‑14 makes it harder for repeat and violent offenders to get bail and imposes tougher sentences, and that’s a good thing.
It will however mean we need to have more space in already overcrowded jails. Thankfully here in Ontario, Premier Ford is already on the path of expanding the jail system.
“We want to send a message to the judges. Don’t hold back, send them to jail, and we’re going to take care of them,” Ford said earlier this year.
His government was facing criticism at the time over projections that his jail expansion plan will cost up to $4 billion.
“Those billions of dollars is well invested to make sure our communities are safe,” Ford said while adding that he’s building basic jails, not “Four Seasons hotels” for inmates.
Building these jails, funding them, and funding the court system are all vital to making sure the changes in C-14 are successful.
So too is changing the instruction and direction given to police, Crowns and judges.