CTV Your Morning Interview regarding proposed calls to reform the bail system

Title:CTV Your Morning Interview regarding proposed calls to reform the bail system
Date: March 9, 2023
Description:Tanya Walker appeared on CTV Your Morning to share her thoughts on calls to reform the our bail system and the potential of a reverse onus requirement for firearm possession offenders.

Transcript

0:00
foreign
0:02
[Music]
0:07
federal government is saying it’s
0:09
prepared to make changes to the criminal
0:11
code of Canada when it comes to bail
0:12
conditions Federal Justice Minister
0:14
David lametti will discuss bail reform
0:16
with his provincial and territorial
0:18
counterparts this week on Friday in
0:21
January all 13 premiers signed a letter
0:24
urging the prime minister to consider
0:25
making it harder for people convicted of
0:27
certain firearm offenses to get bail so
0:30
joining us for a closer look at what
0:31
this could look like is criminal lawyer
0:32
Tanya Walker welcome back to the show
Reverse onus
0:35
thank you for having me so Canada’s
0:37
premiers are suggesting what they call a
0:38
reverse onus provision for people
0:40
convicted of possessing a prohibited or
0:43
restricted firearm so this means it
0:44
would be up to them to prove why they
0:46
should be eligible for bail instead of
0:48
the crown having to prove why they
0:49
shouldn’t be now this already exists for
0:51
other offenses that includes a terrorism
0:52
and organized crime charges what do you
0:55
think about this idea
0:56
I think that um if it was working then
0:59
there wouldn’t be the need or a request
1:01
for an expansion
1:03
um I think that it already applies to
1:05
many Provisions that include firearm
1:07
offenses such as discharging a firearm
1:10
with intent or a recklessly uh
1:12
trafficking like you mentioned in an
1:13
offense evolving a firearm so I’m not
1:16
too sure if the ends kind of justify the
1:19
means which is to try and keep people
1:21
who are violent offenders in prison for
1:23
longer yeah lemery said while bail is a
Charter rights
1:25
fundamental right he believes that this
1:27
kind of Reform could be done without
1:29
infringing on the charter can you delve
1:31
into that more for us
1:32
well section 11 of the charter provides
1:35
that someone should not be denied
1:36
reasonable bail without just cause and
1:39
section d uh provides that you are
1:41
presumed to be innocent unless you’re
1:43
proven guilty so I’m not too sure if you
1:46
can demonstrate a broader provision
1:49
applies to someone where it doesn’t
1:52
infringe your Charter rights for example
1:54
if this law is actually enacted someone
1:57
who is caught carrying a firearm in
2:00
their genes could be subject to this
2:02
provision and I don’t know if that
2:04
really meets the ends of the goal which
2:07
is to imprison someone who has a
2:09
propensity to cause another crime
Data on bail
2:13
data on bail isn’t spotty but what’s
2:15
there shows that racialized and
2:17
Indigenous offenders are more likely to
2:19
be denied bail than white offenders
2:21
here’s some of that data 2015 to 2016
2:23
black offenders in Ontario jails were
2:25
held in Roman roughly twice as long as
2:27
white offenders equivalent to an
2:29
additional 38 days are you concerned
2:32
about the potential of this reform to
2:33
set a precedent for making bail harder
2:35
to obtain
2:37
I don’t think I’m not concerned as for
2:40
this to be a precedent to make Bart bail
2:42
harder to obtain because a judge is
2:44
supposed to look at various factors
2:45
regardless if there’s a reverse onus
2:47
provision which is which includes if
2:49
someone is from a racialized
2:51
marginalized or indigenous community so
2:53
if a judge looks at various factors
2:56
including whether or not there’s a
2:59
reverse onus provision then it shouldn’t
3:01
impact marginalized or racialized groups
3:03
anymore than the laws already have and I
3:07
really would hope that it does not
Other bail reform ideas
3:09
tell me what other kinds of Reform to
3:10
our bail system would be worth exploring
3:13
uh well I they’re too Emory one is
3:15
access to Community Resources so
3:17
homeless mental health issues substance
3:20
abuse and Trauma are really realities
3:22
that could make access to bail and
3:24
adhering to bail conditions very
3:26
difficult so maybe one may need access
3:28
to Community Resources to help that
3:30
person the second is more funding for
3:33
enhanced bail supervision programs so
3:36
this is
3:40
question about Drew Randall McKenzie Mr
3:43
Mckenzie was a denied bail in a separate
3:46
case involving an assault and weapons
3:47
charge but it was he was released after
3:49
review after he was released he ended up
3:51
murdering a member of the Ontario
3:52
Provincial Police and this was a cry for
3:55
help in terms of making sure people like
3:57
Mr McKenzie remain in jail so if he if
4:01
there were more enhanced bail
4:02
supervision programs
4:04
um perhaps it fail is violated uh then
4:07
you have the mechanisms to place
4:10
somebody back in jail or to apprehend
4:12
them so they don’t cause another crime
4:15
thanks for coming on this morning Tanya
4:18
thank you

Related Posts

Consultation

Contact us now!

    Call Now Button