SoVote

Decentralized Democracy

Ontario Assembly

43rd Parl. 1st Sess.
April 3, 2023 10:15AM
  • Apr/3/23 2:30:00 p.m.

It’s always an honour to rise in this House to speak on behalf of the great people of Toronto Centre. In today’s debate, we’re going to be speaking on a very symbolic motion regarding bail reform in Canada. I’d like to begin my remarks by explaining the context of why we’re having this debate.

The Canadian Charter of Rights and Freedoms guarantees the right not to be denied reasonable bail without just cause. Bail has evolved along with our justice system, and the people working in the justice system have been calling for sensible reforms to many dimensions of the justice system for decades. It predates this government.

Unfortunately, it took the tragic shooting death of OPP Constable Greg Pierzchala on December 27 to bring bail reform back on the political table. I’m glad we’re having this conversation. It’s absolutely important. This young, dynamic officer, who was at the beginning of his bright policing career, was taken far too soon. He is missed by his family and his friends, both in the general community and within the policing community. I have no doubts about that.

We have seen people fall at the hands of violent crimes, and we must do more to protect our communities, including our front-line officers. The police have a very difficult job. Sometimes we task them with jobs that are far too big. We ask them to be social workers and mental health support workers. We ask them to do everything—and we resource them not with all of those services and supports.

The neighbourhood community officers in my community are exceptional. I have the privilege and honour of working with 51 division of the Toronto police. They are the busiest division in all of Canada. They tell me oftentimes that they can’t do it all.

We know that first responders oftentimes run into a building when others are running out. They are the ones who deserve our gratitude and support.

I want to take a moment to thank the hard-working police officers, the paramedics and the firefighters who keep Toronto and Ontario safe every single day.

The accused who was charged with the murder of Constable Pierzchala was on bail at that time, and he failed to appear for his court date in August, just months before the shooting. This spurred the provinces to write a letter—including the Premier, and thank you for his leadership on this—to demand more of the Prime Minister, asking the Prime Minister to improve and make stricter bail provisions.

The federal government has yet to table their bail reforms. We know that is coming. Minister Lametti has mentioned that on several occasions. I have read about his remarks in the media. They have specifically said that they will work with the provinces to target those bail reforms. All of that is under way. And we have this motion before us.

On January 31 as well as on February 1 of this year, the Standing Committee on Justice Policy met to investigate how we could improve the bail reform system. As the opposition critic for the Ministry of the Attorney General, I participated in both of those full days of hearings. I was a committee member. We heard from many dedicated and brilliant Ontarians who work in law enforcement and the legal system. We had police chiefs, lawyers, executive directors, and corrections officers all take the time to actually come and speak to our committee and offer free advice. We did not hear from everyone, unfortunately, because the hearing process was so truncated and expedited. There were only two days to register for the hearings. We did not get a chance to hear from, for example, judges, justices of the peace, or crown attorneys—the very people who are absolutely critical in the administration of justice in Ontario. Their voices were entirely silent in that process. What we did hear were some really strong suggestions that were real and evidence-based. The speakers who did appear before the committee asked us to consider many other things as a part of the continuum of community safety and bail reform. I’m going to speak to some of that today, because I think it’s important for us to make full this conversation of what is before us.

I came to Queen’s Park largely to effect change; I know each and every single parliamentarian wants to do the same thing. You want to serve your community as best you can. You want to drive home real solutions to real-life problems and not just tinker at the edges, not just make symbolic gestures or—perhaps, sometimes in the political theatre—be performative. You want solutions, and so do I; most importantly, so do our communities. They expect that from us.

What I am grappling with is that we have a symbolic motion before us which is supportable—but it could be improved, and I’ll speak to that in a bit. We have a motion before us that is asking the federal government to do something that they’ve already said they’re willing to do. We have a motion that points the finger at the federal government—in particular, Justin Trudeau—about how those real changes can be brought into effect but doesn’t speak to what it is.

What we heard from the speakers at those two full-day committee hearings was that there is real change in real time that can actually happen in Ontario, if the government of the day decides to take real action.

What we know is that not all risk can be avoided simply in the administration of bail. Nothing is that simple. We need smart solutions to make sure we get to the smart outcomes that we anticipate.

New Democrats, on this side of the House, really believe that it is possible to reduce crime by ensuring that the most dangerous offenders are not falling through the cracks of that revolving-door system that was spoken about. That revolving-door system is largely in existence because the justice system is under-resourced. We have to ensure that people do not fall through the cracks. We have to ensure that mental health supports and health care as well as housing are in place for people who need them so that they don’t have to be in our system anymore.

Jails are not housing, detention centres are not housing—just like we know that hospitals are not a form of housing.

Speaker, there was an undertone at the committee—and I want to share this, because I think it was really important, and I’m going to name it explicitly today. The undertone was that the responsibility is all at the federal government and that the federal Liberals in particular can do much more to keep Toronto, Ontario and every other jurisdiction safe. I don’t think I’ve heard from the Prime Minister that he’s not going to be there at the table, but we keep having the government point the finger back to the Prime Minister, saying, “Do more, do more,” when he has already said, “Yes, we are going to do more.”

I seems as though there are some in this House who would like people to believe that the responsibility for reforming bail lies exclusively with the federal government, in order to distract from the fact that more can be done provincially to address this issue. This government has been in power since 2018. Five years later, what has been accomplished? How can communities be made safer, and what are the significant reforms that can come forward?

The Ontario NDP will continue to push for real, full bail reform. That’s something we are truly committed to, because getting tough on crime is not enough when you aren’t getting smart on crime.

The Ontario NDP has been and will be wanting to take immediate action by securing additional resources for criminal prosecutors—something that the government can do right now to ensure that everyone receives a bail hearing in a timely fashion.

We also are asking for more increased funding to legal aid—something that will actually ensure the fair and efficient administration of the justice system.

We need to ensure that police resources are allocated to specifically address the most dangerous offenders, and that it does not result in the criminalization of those who are experiencing poverty, mental health issues, homelessness, or who are struggling with addiction.

We need to ensure that everyone has access to housing and mental health supports.

We will continue to push for a full study on bail reform.

It’s absolutely critical that we recognize this motion is part of a campaign by this government to frame the bail system as overly lenient. Frankly, that barely scratches the surface of what experts have been telling us. They’re the same experts who appeared at the committee. This is where we need to be able to lean into it.

So let’s answer this question: Is the criminal justice system too lenient? Based on real data, the pretrial remand imprisonment rate in Canada and Ontario is higher than that of almost every other comparable Western European nation as well as our most obvious comparators: England and Wales, Northern Ireland, Ireland, and Scotland. Countries such as Germany, Denmark, and the Netherlands have a bail system that will focus on rehabilitation over incarceration, and they all have intentional homicide rates that are less than what we have in Canada’s intentional homicide rate.

So why is Ontario failing? When it comes to bail and remand, Canada only—

Interjections.

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