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foreign
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[Music]
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federal government is saying it’s
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prepared to make changes to the criminal
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code of Canada when it comes to bail
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conditions Federal Justice Minister
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David lametti will discuss bail reform
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with his provincial and territorial
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counterparts this week on Friday in
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January all 13 premiers signed a letter
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urging the prime minister to consider
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making it harder for people convicted of
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certain firearm offenses to get bail so
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joining us for a closer look at what
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this could look like is criminal lawyer
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Tanya Walker welcome back to the show
Reverse onus
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thank you for having me so Canada’s
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premiers are suggesting what they call a
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reverse onus provision for people
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convicted of possessing a prohibited or
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restricted firearm so this means it
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would be up to them to prove why they
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should be eligible for bail instead of
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the crown having to prove why they
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shouldn’t be now this already exists for
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other offenses that includes a terrorism
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and organized crime charges what do you
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think about this idea
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I think that um if it was working then
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there wouldn’t be the need or a request
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for an expansion
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um I think that it already applies to
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many Provisions that include firearm
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offenses such as discharging a firearm
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with intent or a recklessly uh
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trafficking like you mentioned in an
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offense evolving a firearm so I’m not
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too sure if the ends kind of justify the
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means which is to try and keep people
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who are violent offenders in prison for
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longer yeah lemery said while bail is a
Charter rights
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fundamental right he believes that this
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kind of Reform could be done without
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infringing on the charter can you delve
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into that more for us
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well section 11 of the charter provides
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that someone should not be denied
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reasonable bail without just cause and
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section d uh provides that you are
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presumed to be innocent unless you’re
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proven guilty so I’m not too sure if you
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can demonstrate a broader provision
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applies to someone where it doesn’t
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infringe your Charter rights for example
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if this law is actually enacted someone
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who is caught carrying a firearm in
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their genes could be subject to this
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provision and I don’t know if that
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really meets the ends of the goal which
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is to imprison someone who has a
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propensity to cause another crime
Data on bail
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data on bail isn’t spotty but what’s
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there shows that racialized and
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Indigenous offenders are more likely to
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be denied bail than white offenders
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here’s some of that data 2015 to 2016
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black offenders in Ontario jails were
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held in Roman roughly twice as long as
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white offenders equivalent to an
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additional 38 days are you concerned
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about the potential of this reform to
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set a precedent for making bail harder
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to obtain
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I don’t think I’m not concerned as for
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this to be a precedent to make Bart bail
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harder to obtain because a judge is
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supposed to look at various factors
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regardless if there’s a reverse onus
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provision which is which includes if
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someone is from a racialized
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marginalized or indigenous community so
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if a judge looks at various factors
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including whether or not there’s a
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reverse onus provision then it shouldn’t
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impact marginalized or racialized groups
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anymore than the laws already have and I
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really would hope that it does not
Other bail reform ideas
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tell me what other kinds of Reform to
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our bail system would be worth exploring
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uh well I they’re too Emory one is
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access to Community Resources so
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homeless mental health issues substance
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abuse and Trauma are really realities
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that could make access to bail and
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adhering to bail conditions very
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difficult so maybe one may need access
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to Community Resources to help that
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person the second is more funding for
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enhanced bail supervision programs so
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this is
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question about Drew Randall McKenzie Mr
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Mckenzie was a denied bail in a separate
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case involving an assault and weapons
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charge but it was he was released after
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review after he was released he ended up
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murdering a member of the Ontario
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Provincial Police and this was a cry for
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help in terms of making sure people like
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Mr McKenzie remain in jail so if he if
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there were more enhanced bail
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supervision programs
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um perhaps it fail is violated uh then
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you have the mechanisms to place
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somebody back in jail or to apprehend
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them so they don’t cause another crime
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thanks for coming on this morning Tanya
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thank you