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MLA Jackie Lovely on the ‘catch and release’ bail system

Opinion
31822717_web1_LovelyUCPheadshot

Alberta’s government is advocating for changes to the broken “catch and release” bail system to protect the law-abiding public.

The federal Criminal Code sets out the rules of bail. Only the federal government has the right to make or amend criminal law. Alberta must work within the existing framework.

When a person is arrested, they are entitled to a bail hearing, regardless of what they have been charged with. The bail hearing will determine whether they can be released from custody until their trial date. This hearing should occur within 24 hours of their arrest. Ultimately, the judiciary determine if bail is allowed, and any conditions the accused must adhere to while out on bail.

The federal government made changes to the bail system that took effect in December 2019.

One of these changes is called the “principle of restraint.” According to this principle, the official deciding whether to grant bail makes the decision based on these factors:

• releasing the accused person at the earliest possible opportunity, and

• giving that person the least onerous bail conditions that make sense for the circumstances. This includes conditions that the accused can reasonably follow.

Officials deciding whether to grant someone bail must also consider the circumstances of an accused person who is:

• Indigenous

• a member of a vulnerable population who is overrepresented in the criminal justice system and may be at a disadvantage for getting bail.

These changes propagate a “catch and release” system that allows serious offenders back into our communities.

Federal legislation requirements diminish the ability of the judiciary to implement adequate bail conditions for high-risk, repeat offenders. As a result, too many prolific and repeat offenders are released on bail. Releasing these offenders into the community gives them the opportunity to reoffend which threatens the public safety of Albertans.

It’s encouraging to hear the federal Liberals are open to amending the Criminal Code and fixing Canada’s broken “catch and release” bail system.

In January, premiers from all 13 provinces have signed a letter asking the federal government to strengthen the Criminal Code and fix Canada’s broken “catch and release” bail system. It’s disappointing, however, to hear them also try and sluff off some of the responsibility on the provinces, when the provinces are the ones leading the charge on reform.

The ball is very much in the Liberals’ court, as only the federal government has the right to amend criminal law.

Our government is advocating for legislation changes that place the protection of the law-abiding public at the centre of all bail decisions. The onus should be on repeat offenders to prove that they should be released on bail.

This “reverse onus” is currently how it is for those appearing for in front of a justice accused of committing a crime while out on bail, or breaching bail conditions

Our government has taken several steps to enhance public safety over the past few years. Initiatives include hiring 50 new crown prosecutors, expanding the provincial court, expanding drug treatment courts, increasing the budget for Alberta Law Enforcement Response Teams (ALERT) to combat organized crime and illegal guns and gangs, and establishing Rural Alberta Provincial Integrated Defence (RAPID) response duties.

The current “catch and release” system isn’t working to keep families and communities safe.

As always, should you have any questions or items my office can assist with, please contact 780-672-0000 or you may come to the office at #104, 4870 51 Street, Camrose.