SoVote

Decentralized Democracy

Ontario Assembly

43rd Parl. 1st Sess.
April 3, 2023 10:15AM
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  • Apr/3/23 5:10:00 p.m.

It’s an honour to rise today to speak to this matter. I want to thank my colleagues for taking the time to speak to this critical matter, and the members of the Standing Committee on Justice Policy for their thoughtful dialogue, debate and contributions that produced a strong, clear and comprehensive document entitled A Report on the Modernization of the Bail System: Strengthening Public Safety. This cumulative effort will save lives, and it’s far more than symbolic. It’s important to note that the findings and recommendations contained in this report were only made possible by the contributions of highly credible, caring leaders who invested their time to share their experience, insights and research, with the goal of improving safety in our communities and the safety of those sworn to protect us. Of those credible, caring leaders, Premier Ford took early, decisive action to lead his fellow Premiers and territorial leaders with integrity in standing united and without partisanship to urge the Prime Minister to take immediate action in this regard. My hope is that this document and our motion today can send a clear message and influence our federal lawmakers to update a crucial component of the Criminal Code of Canada, while making the necessary investments to our justice system to achieve tangible outcomes and prevent the needless loss of life and injury from the few who have no regard for anyone but themselves.

And let’s be clear, Speaker: None of these proposed amendments to this motion were heard by the participant members of this committee at committee. I didn’t hear it. I was there every day.

The need for bail reform in Canada to protect everyone from this very small percentage of violent, chronic, repeat offenders is long overdue, and the call is not a new one. The murder of Provincial Constable Greg Pierzchala, sadly, highlights an issue that our practitioners have known about for many years and are forced to live with daily.

Police officers in Ontario and across Canada face significant challenges and risks that are unique to this profession. The oath police officers swear to serve and protect our communities and the risks they assume to place their lives in harm’s way so that we can live and prosper in safe communities places these professionals at a very unique vantage point that few others have.

I’m privileged and fortunate for having that lived experience as a long-serving police professional, and now, I serve alongside you to share that perspective. I placed my life at risk, and I understand and appreciate this perspective uniquely, like they do. This experience allows me to better understand people—people at their worst and people at their best.

I also carry some of the burdens that our front-line first responders carry every day. I have felt first-hand the frustration and anguish of seeing persons accused of violent crimes against people they know, against strangers and even intimate partners, brought to justice by our law enforcement members only to be released on bail conditions to “keep the peace and be of good behaviour.” This has impacted and continues to impact the morale of our hard-working front-line members because it diminishes the dangerous and difficult work they do every day.

The risk to the safety of police officers while bringing a violent offender to justice takes a tremendous toll on their lives and on their families’ lives. This burden includes, of course, the inherent danger of dealing with a violent person or an armed violent person; the high level of scrutiny, checks and balances that are rightfully built into the system to ensure accountability and integrity; and most certainly the time-sensitive nature and the keen sense of urgency, which few understand, that accompanies all criminal investigations to ensure that an accused is brought before justice in a timely fashion.

The safety of law enforcement officers is of paramount importance because it fundamentally is linked to the very foundation of a safe society. Section 7 of the charter, eloquently read by my colleague, says, “Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.” Our society functions based on this premise. If someone chooses to live outside the law and harm others, they’ll be brought to justice and there will be consequences. In Canada, persons accused and then duly convicted of serious indictable offences could suffer the consequence of incarceration.

The component in between the accusation of committing a crime and the conviction or acquittal is an opportunity to see what Canadians and Ontarians should celebrate as some of our most precious legal rights also enshrined in the charter, particularly section 9 that says, “Everyone has the right not to be arbitrarily detained or imprisoned.”

Moreover, section 11(e) states that any person charged with an offence has the right “not to be denied reasonable bail without just cause.” This feature should be championed, notwithstanding circumstances where the evidence of crime is so egregious and the risk to our safety is so great that that accused must remain in custody pending trial. Used properly, the application of this section saves lives, and it would have saved the life of Constable Greg Pierzchala.

Unfortunately, the bail system in Canada has long been proven to be ineffective, leading to the release of violent offenders who go off to reoffend and continue to pose a significant threat to all our safety. This is unacceptable. There is a myriad of reasons why the current bail system is failing to protect us from violent repeat offenders. The conditions for release on bail are often inadequate and do not consider the actual risk posed by that individual.

In my own experience, I’ve witnessed first-hand many cases where individuals with lengthy violent histories are released on bail with few conditions or with conditions that are impossible to enforce. This puts the safety of police officers and the public at risk—our families.

The bail system for individuals accused of violent crimes, all crimes involving weapons and firearms, and crimes against intimate partners should be examined with greater scrutiny and by the appropriate member of the judiciary with specific training and expertise, and they should be held accountable for their decisions.

By carefully applying and better aligning our bail system provisions with goals to better protect communities and our law enforcement officers, we can avoid the unintended consequences that are contributing to increased recidivism and prevent those accused of non-violent offences from spending lengthy times in provincial jails awaiting trial. As noted during the committee hearings, a great number of persons are incarcerated in provincial jails awaiting trial. This is costly and ineffective.

Enhancements to the bail system and investments to support the capacity and resources of our law enforcement officers to conduct bail monitoring, and embedding clinicians with specialized training in mental health and addictions to work more closely with our police officers will also protect persons from marginalized communities by reducing systemic biases and increasing equality in our justice system.

As a former and proud law enforcement professional, I agree with Ontario’s police leaders, who unanimously agreed that bail reform will save lives.

To address these issues, the federal government need not look further than this motion today and the articulate, eloquent report that was completed unanimously by the committee members. These reforms are necessary to ensure the bail system is fair, equitable and just in protecting the public and deterring reoffenders. This will help to improve the safety of police officers and improve the safety of the communities we live in. By working together and supporting this motion today, we have a real opportunity to create a system that is truly just and effective.

Bail reforms will reduce violence and ensure our communities across Ontario and Canada are safer, while strengthening the confidence in our justice system by all participants and all citizens—and respect for the great work our police officers do every day on our behalf.

1356 words
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