week 4.docx

9/28/23 CJ2204-001 COMMUNITY CORRECTIONS WEEK 4 – SEPTEMBER 28, 2023 ON BAIL IN TUXEDO.... https://www.cbc.ca/news/canada/manitoba/tuxedo-family-bail curfewchecks-1.6946733 PUBLIC REACTIONS… https://www.reddit.com/r/Manitoba/comments/163qr36/tuxedo_family_thinks_bail_conditions_too_onerous/ 5RECENT ISSUES IN BAIL IN CANADA 6DOES OUR BAIL SYSTEM NEED FIXING?!? Both at the provincial & federal level is the most heated & discussed debate 7HEATED DEBATES... https://www.youtube.com/watch?v=41tdmUtTwYE 8"CATCH-AND-RELEASE" POLICY – WHAT'S THAT ABOUT?!? 9DETOUR: OVERVIEW OF BAIL 1)What happens after a person's arrest? 2)What happens to a person on bail? 10WHAT HAPPENS AFTER A PERSON'S ARREST? 11WHAT HAPPENS AFTER A PERSON'S ARREST (CONT.)? Bail hearing = A court hearing to determine whether the accused should be released or held in custody awaiting trial = show cause hearing? Presumption of release before trial? BUT “reverse onus” provisions for certain offences Reverse onus: The responsibility is on you to show why you should be released until your trial Remand incarceration? Accused should be released back into the community until their trial without conditions 12 GROUNDS FOR PRE-TRIAL DETENTION 1 13WHAT IS BAIL? 14LIST OF BAIL REQUIREMENTS– SECTION 515(4) CRIMINAL CODE Report at specified times to a police officer or other person Remain within a specified territorial jurisdiction Notify a police officer or other person of any change in address or employment Abstain from communicating with any victim, witness, or other specified person Refrain from going to any specified place Deposit a passport Comply with any other condition specified in the order that the justice considers necessary to ensure the safety and security of any victim of or witness to the offence, and Comply with such other reasonable conditions specified in the order as the justice considers desirable 15 MYERS, N. (2017). ERODING THE PRESUMPTION OF INNOCENCE. BRITISH JOURNAL OF CRIMINOLOGY, 57(3) 76% of accused were required to find a surety to secure release 6.8% were subject to bail program supervision On average, accused had 7.8 bail conditions Most common conditions: Be amendable to the rules and discipline of the home (71%) Not possess any weapon (64%) Reside with surety (63%) No contact victim/witness (50%) No firearm/gun license (31%) Methods: Observed 11 bail courts in Ontario Spent 152 days in bail court 4,817 accused appearances = 852 were released on bail Final sample for analysis: 234 releases 16SOUNDS LIKE CATCH AND RELEASE??? 17 https://www.conservative.ca/conservatives-pushing-for-immediate-changes-to-failed-liberal-bail-polices/ “Today we are calling on the Liberal government to enact policies that prioritize the rights of victims and law-abiding citizen. The Trudeau Liberals must immediately repeal the elements of Bill C-75 which force judges to release violent, repeat offenders onto our streets and must act to strengthen Canada’s bail laws so that those who are prohibited from possessing firearms do not easily get bail.” 18AN ACT TO AMEND THE CRIMINAL CODE, THE YOUTH CRIMINAL JUSTICE ACT AND OTHER ACTS AND TO MAKE CONSEQUENTIAL AMENDMENTS TO OTHER ACTS Bill C-75 Introduced by Government in 2018 Royal Assent in 2019 Goals Make the bail process more efficient Enact “principle of restraint” + “ladder principle” for pre-trial release (see also R v Antic) Changes Judges are to give particular consideration to “the circumstances of indigenous accused” and “accused who belong to a vulnerable population.” 19PRE-TRIAL DETENTION Remand Incarceration 20PRE-TRIAL DETENTION Remand, count data (rounded), Canada 2017/2018: 14,800 2018/2019: 14,800 2019/2020: 15,500 2020/2021: 12,750 2021/2022: 14,400 https://www150.statcan.gc.ca/t1/tbl1/en/tv.action?pid=3510015401 21PRE-TRIAL DETENTION ONTARIO DATA: 22INCREASES IN VIOLENT CRIME? Police-reported crime rates, Canada, 1962-2022 23BAIL BREACHES?! Justice Canada Study (2013): Sample of 3,093 closed cases from five courts across four Canadian jurisdictions 18% of accused released on bail violated their terms of release by the court. 98% of bail violations were breaches of release conditions or a failure to attend court. 24TRAGIC EVENTS... "We recognize that the majority of offenders don't re-offend," he said. "There are a small number of prolific and violent offenders who continue to present a danger to society when released, and we need to find common-sense reforms that will address those cases.“ (Tom Stamakatis, President, Police Ass.) "They went too far and they made the bail system too weak and now police officers are dying," said Raquel Dancho, the Conservatives' public safety critic, during a news conference on Thursday morning. https://www.cbc.ca/news/politics/conservatives-bail-reform-motion-1.6734446 25YOU ARE ADVISING THE (FEDERAL) GOVERNMENT… Do you think the bail system needs to be reformed? What would you recommend? Why? 26 BILL C-48 Changes to the bail system coming? https://www.cbc.ca/news/politics/government-stricter-bail-bill-1.6844836 27BILL C-48: PROPOSED CHANGES TO STRENGTHEN CANADA’S BAIL SYSTEM Creating a new reverse onus to target serious repeat violent offending involving weapons Expanding the list of firearms offences that trigger a reverse onus Broadening the reverse onus targeted repeat offenders of IPV Clarifying the meaning of the terms “prohibition order” in an existing reverse onus for offences involving weapons Requirement for the courts to consider an accused person’s history of convictions for violence, and community safety and security concerns, when making bail conditions 28ELECTION TIME IN MANITOBA… https://www.youtube.com/watch?v=EzbVdOuzsnE 29 YOU ARE ADVISING THE (FEDERAL) GOVERNMENT… Do you think the bail system needs to be reformed? What would you recommend? Why?

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