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Decentralized Democracy

Don Davies

  • Member of Parliament
  • Member of the National Security and Intelligence Committee of Parliamentarians
  • NDP
  • Vancouver Kingsway
  • British Columbia
  • Voting Attendance: 55%
  • Expenses Last Quarter: $153,893.57

  • Government Page
  • Sep/18/23 5:10:20 p.m.
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  • Re: Bill C-48 
Madam Speaker, I think the average person on the street would probably agree with the principle that someone who has repeat offended at some point would require a reverse onus for bail. However, I am thinking of one of the cornerstones of the rule of law system in our country, which is the presumption of innocence. We have a right to walk the streets and have liberty, and if the state charges us with a crime, we have a right to be presumed innocent and not to be deprived of our liberty. I am wondering how my hon. colleague squares that notion with the concept of reverse onus, where somebody who is accused would have to justify why they would retain liberty instead of being incarcerated pending a trial and pending conviction of the crime, which has not yet occurred. Does he have any concerns in that regard?
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  • Feb/2/23 5:18:54 p.m.
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Mr. Speaker, I know the bail situation in this country does require examination. I think I speak for all my constituents in saying that we all believe that the protection of the public is paramount in these cases, but equally so is the presumption of innocence. When someone is charged with a crime in our legal system, we must assume they are innocent. The current bail law says that a prosecutor can apply to have a person incarcerated prior to trial if they can establish that the person presents a threat to the public. I am wondering if my hon. colleague can tell us why that is not happening. If, as the Conservatives say, dangerous people are being let out on bail, why is it that prosecutors in this country are unable to demonstrate or persuade a court that those people should not be let out on bail?
148 words
  • Hear!
  • Rabble!
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