Calgary’s police chief hopes to reform the bail system to hold prolific offenders to a higher standard when it comes to eligibility for bail.
But a criminal lawyer says that although the system could be reformed, there are already ways to deal with re-offenders.
calgary police service chief Mark Neufeld write a column in the Globe and Mail Several serious violent offenders are being released on bail conditions on Monday by a coalition of other Canadian police chiefs.
“There are a small number of people in the system who are repeat and violent offenders who are causing harm to our communities. And that’s where we need to focus,” Neufeld told Global News on Thursday.
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“I think the principles of bail are correct. It’s the explanation around that small number that continues to commit those crimes and (the police) can all recognize who they are, but when it comes down to them the system works.” not doing.
Neufeld said a few criminals commit most of the serious crimes in the city.
Calgary Police, as well as other police forces across the country, routinely check individuals to ensure they are meeting their bail conditions – conditions that may include curfews, travel restrictions or access to alcohol or drugs Can
“In many cases, we find they are not (complying). And not only are they not now, they weren’t before,” the CPS chief said.
“So there is an established pattern of behavior where individuals are non-compliant with these court-ordered conditions.”
Neufeld said the number of repeat offenders police are having to investigate in this way is increasing.
He added that “the reality of the system” is that when those people are found to have broken the conditions of their release, “often they are released again.”
“That’s when you hear people talking about the revolving door of the justice system and this arrest-release cycle. This is very discouraging.
Calgary’s police chief said he is short-staffed and while conducting compliance checks on repeat violent offenders is a high priority for the force, assigning those checks to those officers comes with an opportunity cost: they may be policing elsewhere. can not do.
“An inordinate amount of time and resources are being spent on monitoring people on bail. And sometimes I ask myself, ‘To what end?’”
‘Hold them accountable’
Criminal lawyer Michelle Johl said there are already instruments in the criminal code to address people who break bail conditions.
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A person who goes to court to pledge bail money on behalf of a defendant is known in the justice system as a surety. Convicts often promise to supervise the defendant while in the community, to make sure they stay compliant with court conditions.
Johal said, “The Crown can launch property proceedings against the surety, and essentially go after the money pledged on behalf of the accused person – essentially holding them accountable for not doing their job ,” Johal said.
He said that property proceedings are often not pursued.
“It can definitely restore public confidence in the bail system because if the bailiffs are not doing their job and they are not supervising effectively, they should lose the money that they have pledged in the court, Johal, who also sits on the Criminal Lawyers Association (CLA) board, said.
“Steps are in place to make sure they are held accountable.”
In his newspaper editorial, Neufeld advocated a specific designation for those who are prolific violent offenders—a designation that had “strict criteria” and would prompt “extreme scrutiny”.
The CLA board member said judges already consider criminal history while looking at bail applications.
“If (the defendant) has a long record, it is not as if he is guaranteed bail,” Johal said. “In fact, in my experience, courts tend to be risk averse when it comes to setting bail.”
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Johal, whose practice is based out of Brampton, Ontario, said jails and remand centers are already full of people awaiting trial because they did not apply for bail, knowing they would not get bail or Whose bail application was rejected.
In 2019, the law regarding pre-trial detention was changed to better reflect the presumption of innocence based on Canada’s criminal justice system.
Neufeld said he was seeing “unintended consequences of good and legitimate efforts”.
The CPS chief said, “What we are seeing is that a small number of people who should be detained – we would all agree that we want to be detained – are not being detained.”
He argues that the old violent offender definition can help bridge that gap.
Johal agreed that pre-trial detention is a problem, especially when the number of people awaiting trial outnumber those serving sentences.
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“There is always a risk that if a person is released into the community they will re-offend. But you can’t just suggest that everyone should be detained because they have been accused of an offense of which we know they are presumed innocent, because that would be completely contrary to the Charter principles. , but would also be completely unforgivable.
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“We do not have the resources or the space in prisons to incarcerate everyone facing a clearly criminal offense, nor do we want to.
“And we don’t even have the resources in our courts to bring these people to trial quickly enough to put a case behind them.”
systemic issues
Kelly Sundberg, professor of criminology at Mount Royal University, said the existence of repeat offenders is an indicator of problems throughout the criminal justice system.
“If we have these habitual offenders, it means the system is not working as a whole.”
Sundberg took note of the socioeconomic conditions from which many repeat offenders emerge and exist.
“Most of them grew up in poverty. Most of them were neglected as children. Most of them are now suffering from substance abuse,” he said.
“We need to address the root cause of these. We cannot continue to have this degree of poverty and young people living in poverty. That is what will happen in the end.”
Johal said that often people who are charged with crimes have mental health or addiction problems, and they don’t have access to needed treatment programs while awaiting trial — a difference that can make a difference to the community when they are released. may increase their risk.
Those held in pre-trial detention are also likely to lose employment, housing or other community supports.
“The reality is that one day they’re going to be released into the community, except in very extreme or rare cases. And I think we need to turn our minds to community support and other solutions,” Johal said. .
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Sundberg said legal aid reform in the province is needed to give those members of society better access to legal representation and help them move through the justice system.
Alberta legal aid lawyers launched rare action in 2022 to urge the province to invest in a system that lawyers say has suffered more than a decade of underinvestment.
On January 1, the province finally increased the hourly rate for lawyers providing legal aid services.
In an unrelated press conference, Premier Danielle Smith said there should be “zero tolerance” for those involved in social disorder. He said that public places need to feel safe.
The Government of Alberta has begun embedding Alberta sheriffs with members of the Edmonton Police Service to address social distancing. A similar announcement is expected soon in Calgary.
“Our sheriffs came forward and volunteered for those positions, so they want to help as well. They want to make sure that there is active policing, there is an active presence,” Smith said.
She reiterated her government’s rollout of addiction treatment programs but did not mention harm reduction.
Sundberg said that solutions to problems in the justice system can be found outside it.
“I think it’s time to set aside political rhetoric and examine evidence-based, community-centered solutions. It’s going to take some time and we’re going to get it wrong and eventually get it right, “They said.