SoVote

Decentralized Democracy

Ontario Assembly

43rd Parl. 1st Sess.
April 3, 2023 10:15AM
  • Apr/3/23 11:00:00 a.m.

It’s a bit odd that, on a day we are going to debate a motion to protect police officers, I need to ask about protecting the public from police officers. Police officers hold important responsibilities, and to maintain public trust and confidence in our police services, we must ensure that our police officers are held to the highest of standards when it comes to their conduct. Unfortunately, that has not been the case with a particular officer in Leeds county. Despite being convicted for drug trafficking, forgery and sexual assault, this officer has been on paid leave since 2015, even making it on the sunshine list during this time.

Mr. Speaker, if receiving three separate convictions for serious offences is not enough for a police officer to lose their job, how can the public trust the officers tasked with their safety? Can the Solicitor General explain why officers who have been convicted of serious offences are not automatically released from service in our police forces?

166 words
  • Hear!
  • Rabble!
  • star_border
  • Apr/3/23 3:20:00 p.m.

That’s okay. I hope your fingers are intact.

The justices of the peace are not always available. For most offences, the accused is then released back into the community, which then makes victim protection even harder. As we all know, in those tight-knit communities, it’s all about communities helping each other. When you have one person who has stepped offside or one person who’s violent or created an incident and made other people unsafe, where are they going to be released to? They’ve got nowhere to go, and they become more hardened and more difficult to rehabilitate afterward.

Chief Morrison said that in recent years, there has been an influx of offenders from southern Ontario who are already “on conditions.” He actually noted that people are bringing drugs and weapons to places like Thunder Bay and Timmins and then “aligning themselves” with Indigenous people they meet who live in northern communities.

Chief Morrison asked for more resources to address the current system’s deficiencies. If you want to help those northern communities and Indigenous communities, then fund the services that they’re asking for. This police chief was really clear about the things that he needed to keep his community members safe.

I couldn’t help but notice there was a note of desperation in his voice. There was a note in his voice that said to me he didn’t really believe what we were asking him and that the question in the debate at the committee wasn’t going to result in any more resources for him. I regret that, because I know that I couldn’t have offered him much more at that time. But I sure would like every member of this House to actually take his submission and actually review it and then think about how we can do better by Indigenous and northern and remote communities. This is so critically important.

Chief Morrison called on more resources to address the current system’s deficiencies. Longer-term, however, he believes that there needs to be a recognition that “the European system” is not working for Indigenous people. This was actually a very powerful moment for me to hear him say that. This is a man who actually works in policing, no different than other police officers who put on the uniform day in and day out to do the best that they can to keep their communities safe. We know that policing is a calling. Speaker, I certainly know that. My father was a naval officer. I know what it meant to him for him to put on the uniform, to serve in the navy. Everybody who serves in those types of uniforms—it is a calling.

For Chief Morrison, it was a calling, but he also said he recognized that the system that he was working in was limited and it wasn’t going to help his community, not in the way that it needed to. He said that government ministries must “bring back their system”—and I’m going to say an Indigenous system—“a system that they followed for thousands of years.” I’m certainly no expert on what that system is, but I think that we need to lean in and listen to Chief Morrison and ask the question, “How can we help? What does that look like for you in your community?”

I want to be able to recognize that this motion is a symbolic motion. There’s nothing wrong with that. It’s okay for us to have that conversation. But I also want to be able to do more than just have a symbolic motion that we will support, because I want to be able to address the problem. I really believe that parliamentarians are here because they want to fix the problem. The problem is we don’t have the solution before us.

Yes, absolutely, let’s go ask Justin Trudeau one more time, “Hey, you want to help us with bail reform?” He has already said yes, but let’s ask Minister Lametti: “We’ve asked you before. You’ve already said yes, but we’ll ask you again. Let’s fix that bail reform system.” He said yes already. They’re working on it. You’re at the table. We’ve heard from the honourable minister the Attorney General that they’re working collaboratively, yet we’re having a debate on this same motion about asking the federal government to work with us to reform bail. All right, that’s fine.

Speaker, I’d like to offer you the following, because I don’t want to just criticize. Because that’s not really nice. I want to offer a solution. My solution, Speaker, is that I’d like to amend this motion, to just give it more focus. Let’s be more purposeful in our intention of what it is that we’re asking of the federal government. It’s a symbolic motion, but let’s put ourselves into the driver’s seat and take some control, because I think it’s important. We don’t want to be always asking the federal government, “Can you do this? Can you do that?” Let’s be grown-ups about this. Let’s take some control. Let’s fix the problem that’s made in Ontario. We could do that.

I move that government notice of motion 13 be amended as follows: Delete everything after the word “implement” and replace it with the following: “meaningful bail reform to more appropriately evaluate and mitigate risk, ensuring that court resources are focused on protecting vulnerable groups from violent repeat offenders.”

Therefore, the motion will then read: “This House calls on the federal government to immediately reform the Criminal Code of Canada to address the dangers facing our communities and implement meaningful bail reform to more appropriately evaluate and mitigate risk, ensuring that court resources are focused on protecting vulnerable groups from violent repeat offenders.”

I’m going to pass the motion to page Mia, who is going to bring that to the House. I understand the table will be able to distribute that for all the members to consider.

I want to be able to just take a moment to explain—

So what does this motion mean? I thought we could be a little bit more specific in our purpose of intent. The vulnerable groups that we’re trying to protect—let’s start to name them. Oftentimes those who have been released on bail conditions, and oftentimes who are in breach of bail conditions, are oftentimes perpetuators of intimate partner violence, sexual violence, domestic violence. And the vulnerable groups that I’d like to protect, that we should all be protecting, are those specific individuals that those who are being released on bail go back out to.

We know that women—especially women—are very scared when their abuser, their perpetuator of violence, has been apprehended and then released. And we have now heard that there isn’t really any effective bail supervision and monitoring system. So if you want to keep people safe, let’s keep them safe, because the majority of those who are repeat offenders have a long history. The ones who own firearms, the ones who have been in and out of the revolving-door system are oftentimes the ones with a long history of domestic violence and intimate partner violence.

They also sometimes evolve into mass shooters. We’ve seen that. You cannot uncouple what we’ve now seen with respect to mass murderous shootings from histories of misogyny and violence against women; they are integrally connected. Whether it’s the Renfrew triple femicide, the mass shooting of Nova Scotia or December 6, all of that is interconnected, and there is such a remarkable body of research to back all of that up.

If we’re going to be protecting vulnerable communities from those who are most violent, the repeat offenders, then let’s do that. Let’s make this motion really perform for our communities. Let’s make sure that we protect them to the greatest possibility that we can, and let’s make sure that their voices are heard. Let’s try to demonstrate, just in a small way, that we heard those expert witnesses who came to our committee to offer us their professional recommendations on how to fix it.

We’re not going to get to everything in this motion—for sure we’re not. Even my amendment is not going to get to everything. But will it put it into sharper focus? Will it give it more intention and purpose? Will it make it less vague and symbolic? You bet. And that’s what this motion will do and can do.

I just wanted to finish on one point as not to take anything away. I want to be able to just highlight that the Renfrew inquest that we’ve spoken so much about in this House, that we have all spoken to, that has moved us significantly, has specifically spoken about bail protection and support for survivors of intimate partner violence. I want to dedicate this amendment to them, to every single woman who’s been affected by intimate partner violence, sexual violence, domestic violence. I want to dedicate it to the inquiry and all those who participated. Thank you.

1568 words
  • Hear!
  • Rabble!
  • star_border
  • Apr/3/23 3:40:00 p.m.

It’s always an honour to rise in this House—and today to talk about the motion put forward by the government and amended by the official opposition. It’s regarding bail reform.

I’m going to say at the outset that it’s an honour to follow the Premier. We don’t agree on a lot of things, but on bail reform, I think we have some things where we do agree—not all, but some.

I was also a member of that committee that studied bail reform. I don’t pretend to be an expert on bail reform or an expert in policing.

I am one of the millions of Ontarians who has ultimate respect for the job that the police do. They’re not perfect. No one is perfect. They’re human. But we expect them and ask them to put themselves in harm’s way, to make themselves one of the vulnerable groups that we put forward in that motion.

On behalf of the official opposition, we’d like to pay our respects to the families of the officers who have fallen. We would also like to pay our respects to all the other people who are in the vulnerable groups, who have also lost family members, who have also paid the ultimate price for the failures of our system.

There are failures in our system. Our system isn’t perfect, and the bail system certainly isn’t. Sitting in that committee, the one thing that I sensed was frustration—frustration on behalf of the police who presented; frustration on behalf of some of the other presenters, who would not always agree with the police. The frustration was there from all sides. I would have to say that that committee showed us that this issue is much deeper than can be discussed in two days.

Do we agree with the spirit of this motion? I say yes. I think we, deep down, agree that this isn’t a one-shot one and done. We all know this.

We talk about what happened at that committee. I would like to quote some of the presentations from that committee which, quite frankly, I wasn’t surprised at but that I learned so much from.

Some of these quotes are from the Ontario Association of Chiefs of Police. “Our message to you today as police leaders is this: We want to look at ways to improve how the bail system addresses repeat violent offenders, firearms offences and intimate partner violence. This is an issue that cannot be addressed in isolation and requires a coordinated, multi-faceted approach involving all levels of government and criminal justice system actors, including federal legislative reform to the bail provisions in the Criminal Code; provincial amendments to the Ministry of the Attorney General’s policies, guidelines and directives on bail; and sufficient resources and funding from all levels of government to ensure adequate staffing and expertise in bail courts, improved training, and sufficient police resources to enforce bail compliance.”

That seems a lot more complicated than just one-shot “strengthen the bill”—it’s a lot more nuanced. We’re not saying that we shouldn’t ask the federal government to modernize the bail system, but we can’t look at it in isolation. There is a lot in there that the province needs to do, as well.

I will continue: “In relation to the Ministry of the Attorney General, the OACP also urges the government of Ontario to invest in additional crown and judicial resources. Resource shortages in Ontario have resulted in overburdened bail courts and systemic delays. Funding for additional crowns, with a focus on specialized bail/firearm crowns, is required to ensure the bail system works efficiently and in a way that promotes public safety and respect for the charter.”

So I hope that, as the province is pushing the federal government, they are also looking seriously at the issues that the Ontario chiefs of police have put forward—things that the province can do right now to also protect the vulnerable, because one step won’t protect; it’s a multi-faceted approach.

The Attorney General spoke about reverse onus, and he did a good job of explaining—so I’m not going to repeat it.

The Ontario chiefs of police said, “While a reverse onus is not appropriate for all cases, it is appropriate for cases where there are significant public safety concerns. We’re seeking expansion of reverse-onus provisions to include firearm-possession offences, repeat violent offenders and intimate-partner-violence offences where there are prior convictions against an intimate partner, including criminal harassment and distribution of intimate images, regardless of whether overt violence was used or threatened.”

This is one of the reasons why we put forward the amendment—because it needs to look at violence as a whole.

Further, from the Toronto Police Association—again, someone we respect, front-line people: "The reality is, there’s no time or resources for proactive initiatives. There’s no time or resources to seek out individuals on bail. There’s no time or resources to seek out those who fail to appear.... I bring this up because while we may revisit our bail system, and while we may make amendments to shift priorities, the reality is that reasonable bail is a constitutional right, and many people will return to their communities until such time as they have their day in court.... When accused parties are on bail, they sometimes fail to appear in court. While I’ve already suggested that courts and prosecutors treat those failures to appear strongly, we as the police also need resources to track these individuals down proactively. Again, these initiatives require resources, and they require investments in people.”

My colleague was speaking—I believe the last time we could find stats, there were 4,500 people in the wind. I believe it would be partly a provincial responsibility to find those people—not enough resources. At that committee, there were suggestions made on how to do that. I’m not going to spend a lot of time talking about how, but there’s obviously an issue when you’ve got 4,500 people out in the wind that haven’t shown up for their warrant. That’s a big problem.

From the Toronto Police Association: “Police have a responsibility—in fact, it is their most important responsibility—to maintain public safety. However, it is not their responsibility to shoulder this alone. As an example, years ago, here in Toronto, across every division, we had bail compliance units: a team of officers whose sole purpose was to monitor and conduct compliance checks at local divisional levels within their communities. While we still have some capacity to do that, we have removed that from the local divisional level. We’ve removed the community notion of it. The initiatives require resources.”

Again, I’m not saying this; this is the Toronto Police Association saying there are not enough resources to monitor people. That’s a problem that the government is aware of. The government members also heard this, and I’m sure that the ministers responsible knew this well beforehand, because I’m sure the police have told them before. This is a long-standing issue—it predates this government; it predates others—but if the government is serious that this is coming to a head, and I have no doubt that they are, this also has to be addressed, because if you just address one issue, it won’t work.

I take the government at its word, but this motion seems to point the finger at another level of government, trying to divert from their own responsibility. We all have responsibility—we all need to take it, because we’re all talking about vulnerable people.

I continue, from the Toronto Police Association: “In discussing this, I would be remiss in failing to mention our other justice partners and stakeholders and the resourcing that they require. It is not lost on me, nor our members, that our assistant crown attorneys are also overworked, overburdened and require more resources. Also, our colleagues in probation and parole are overworked and require more resources. These are all important investments in public safety.”

There’s a saying that it takes a village to raise a child. Well, it takes a community and it takes wraparound services to keep that child safe—and what we heard at that committee is that there’s more than just the problem with the federal bail system. I think everyone acknowledges that. Let’s all move forward and talk about that. Let’s ask the federal government, as this motion is doing, to do their part. We’re in favour of that, but let’s also do our part.

I have a quote from some of the other witnesses at that committee, from the Law Society of Ontario, and it’s about clearing the judicial backlog: “Clearing the backlog should be a priority. The ministries that would be responsible would be the Ministry of the Attorney General and Ministry of the Solicitor General. These ministries need the resources in order to deal with the causes of the backlog. They need the resources to deal with getting disclosure out in criminal prosecutions and the resources to be able to identify the most serious cases that pose a risk to community safety and be able to prioritize them.”

Again, those are issues completely in, I would say, the province’s domain—could be addressed in this House; should be addressed in this House; hopefully will be, but don’t seem to have been, because they came up at this committee. This committee was to discuss changes to bail, but these were the issues brought forward by expert witnesses.

Another one came in a written submission—but it stuck to me—from the Canadian Mental Health Association. I think this one, as someone in northern Ontario—I don’t think it’s a secret, and it’s not on purpose, but our resources are farther apart, wider spread. We don’t have the same access. There’s more access to resources in the city, simply because there’s more people; they’re closer together. From the Canadian Mental Health Association: “The justice system is often the first point of access for individuals to receive any type of mental health and addictions services. This leads to the overrepresentation of people with serious mental health issues in Ontario courts and correctional and remand facilities.” That is one of the saddest statements, if you think about this—and specifically, where I come from, I know this. For police, as well—because police play an incredibly vital role. I couldn’t be a policeman; I know it. They also need to have the support of other experts, so that when they encounter someone—the only way for that person is the justice system. That’s just not right in a society like ours. We disagree about lots of things, philosophically, but I don’t think any of us disagree about that—that the first point of access for mental health is the justice system. That’s just not right—that that person, whose main issue is mental health, might become a repeat offender, simply because there is no other service available. We have to be very careful with that.

As MPPs—this is an incredible job, and one of the things that I find most incredible is that we all come from different walks of life. In what other walk of life would a farmer get to talk to a mining executive and former crown attorney, all on a one-to-one basis? I think it’s incredible—and we get to tour places that we wouldn’t be able to do.

One of the most chilling things I’ve ever done is tour the Haileybury Jail, the North Bay Jail and the Monteith correctional centre. That’s when I realized that most of the people in the Monteith correctional centre have never been convicted of a crime; they’re waiting to see a judge, and a lot of them aren’t violent, repeat offenders.

There are a lot of things to fix in our system. We should concentrate on that, so that the people—and there are violent, repeat, dangerous people who need to be incarcerated, but there are lots of people in those facilities who don’t fit that description. So we have to be really careful that we’re not throwing away the key on people who have never really done anything to warrant that, and there is a danger of that now. It’s actually happening now.

With that, we are in favour of the spirit of this motion. We hope that the government accepts our amendment.

I thank you very much for giving me the time to speak.

2161 words
  • Hear!
  • Rabble!
  • star_border
  • Apr/3/23 4:00:00 p.m.

Thank you, Madam Speaker—

As elected officials, we have an obligation to protect Ontario’s communities, and that is what this motion seeks to do. That is why I support it.

The federal government needs to hear from us, this Legislature, that the people of Ontario want to feel safe in public. They want to feel safe on their streets, on public transit and in their communities. But there are trade-offs, and there are always trade-offs, so let’s talk about them.

We all remember just a few months ago when Constable Greg Pierzchala was shot and killed by a repeat offender out on bail. In that situation, there was a trade-off: Someone known to be a repeat violent offender was let go. We can’t allow this to happen again. We must take seriously the thought that the Criminal Code should be amended for those most likely to reoffend.

When it comes to this issue, the public has skin in the game. Their safety is on the other side and on the line. That is why we have to make it harder for these kinds of offenders to get out on bail. Reversing the onus, requiring the most serious and violent criminals—those who are most likely to reoffend—to prove why their detention isn’t justified is a fail-safe. It creates a legal framework in which the justice system can keep the most dangerous people in custody until their trial.

But this alone is not enough. This is just one piece of the puzzle. For example, why doesn’t the provincial government require bail hearings for the most serious offences to be heard by the provincial court rather than a justice of the peace? Why doesn’t this government spend some of that contingency fund on the justice system, which desperately needs additional resources to complete its bail hearings on time? And why haven’t we responded to the recent wave of TTC violence with increased mental health and addictions funding?

These are all questions we need to consider in concert with this motion. Bail reform cannot make our communities safe on its own. It can make them safer, but not nearly safe enough.

370 words
  • Hear!
  • Rabble!
  • star_border
  • Apr/3/23 4:00:00 p.m.

I would like to commend my colleague from Ottawa–Vanier on her heartfelt words and lived experience.

I would like to first start out commending the Solicitor General for bringing this bill forward. It is a step in the right direction towards addressing the challenges posed by repeat violent offenders. That starts with a commitment from government to move forward quickly on targeted reforms to the Criminal Code of Canada on bail.

Violent crimes are on the rise in Ontario and across Canada. The trend is only increasing as time goes on, with no end in sight. It is beyond tragic to see innocent people becoming victims of horrendous offences. Public safety must be paramount, and we as leaders need to work collaboratively to ensure that happens and that we do so immediately.

There are a growing number of calls for changes to prevent accused people who are out on bail from committing further criminal acts. Good-faith initiatives from every level of government and every police force are a necessary step. We must confront these issues together. We need to review the judicial and public safety frameworks, commit to further work to fully understand the best remedies, identify what isn’t working and call for change to ensure that this does not continue. Everything should be on the table, and we need to ensure that these challenges are a shared responsibility.

Equally important, any changes should require judges to consider the circumstances of people who are Indigenous or from vulnerable populations. We want to ensure that any changes do not disproportionately impact Black, Indigenous and minority communities.

Recently, Toronto has seen its increased share of horrible events right across the city and especially on the TTC. To that point, we all know people who are now fearful to ride transit. As we attempt to increase ridership during the pandemic recovery and in consideration of the climate crisis that is upon us, our transit system should be attracting ridership, not the opposite.

We cannot allow citizens to feel unsafe anywhere. We need to do our best to protect everyone and make every effort to ensure there is a higher level of scrutiny for offenders of serious crimes. Bill 13 is attempting to accomplish just that, if passed. Ontarians are looking to us to help keep them safe and secure.

Now I’ll send it to my colleague.

397 words
  • Hear!
  • Rabble!
  • star_border
  • Apr/3/23 4:50:00 p.m.

I want to thank my colleagues for their eloquent words about this motion and their support of it.

I rise also to speak in support of the government’s motion. I want to start, though, by giving my sincere condolences to the family, friends and colleagues of Constable Pierzchala, who was tragically shot by an offender out on bail.

I’ve met with officers from the Toronto Police Service who work in my community, and I know they care about it, the people in it and work hard to keep us safe, at great personal risk.

Ontarians want to feel safe and to live without fear of harm, especially when they’re using city and government services.

We’ve all heard the tragic story of 16-year-old Gabriel Magalhaes, who was fatally stabbed and killed on the TTC system last week. We’ve heard from Gabriel’s mother, Andrea Magalhaes, who—amidst her unbearable pain—found the strength to speak about her son and to speak out. Of her son Gabriel, she said, “He was a beautiful, sweet, sweet boy.... He was so loving.... I just cannot believe that his life was cut short.”

She went on to say, “I am hoping that people will raise their voices so we can be heard. More needs to be done to help people in crisis. More needs to be done so that people don’t get to the point where they are in crisis....

“We need more social services. We need more investment into physical and mental health. We need more supports for housing. I feel like, as things go the way they are going right now, so many people are going to be suffering the horrible pain that I am going through right now.”

Why did she say all this, Speaker? Because she doesn’t want us to focus only on crime and the criminals, but also what drives some people to that life of crime.

We’ve heard that the 20-year-old man arrested for this awful crime has a lengthy criminal record, including two convictions for assault with a weapon. According to a Global News article, he was arrested in Mississauga on September 5, 2021, and charged with assault with a weapon—a pair of scissors. He was arrested a second time in Brampton on April 10, 2022, and weeks after that arrest, arrested again in Richmond Hill. Less than three months later, he was arrested in Mississauga in connection with an assault involving a box cutter.

With stronger laws to deal with repeat and chronic offenders, such as bail reform, and increased mental health and housing support, people across Ontario can be better-protected from horrific crimes like this. The federal government should take steps to amend the Criminal Code of Canada to strengthen bail requirements for these offenders, including a definition of “chronic offender” and an onus on these offenders to demonstrate why they should be granted bail. The provincial government should require bail hearings for the most serious offences to be heard by the provincial court rather than simply a justice of the peace, and they should immediately increase funding for legal aid in order to reduce delays and help address the large backlog of bail cases in our courts. The provincial government must implement reforms in our justice system to improve living conditions and programming in correctional facilities to ensure a focus on rehab and reintegration of inmates, so that those convicted of a crime do not descend on a path of repeated criminal activity.

And to be strong on crime prevention, we need to address the root causes of crime and to remember Gabriel’s mother’s calls. We need to remember that bail reform is a serious issue and that we have a disproportionate number of Indigenous and Black people being held in jail. We need to address systemic racism and the Truth and Reconciliation Commission’s calls to action on justice; for example, working with Indigenous communities to provide culturally sensitive services for issues faced by Indigenous people.

Speaker, the offender who killed Gabriel was (1) a repeat offender, (2) with no known address, and (3) with alleged mental health issues. I want to stress that addressing all three of these areas is critical to ensuring public safety.

718 words
  • Hear!
  • Rabble!
  • star_border
  • 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
  • Hear!
  • Rabble!
  • star_border