Two federal cabinet ministers are saying it’s up to provinces to fix catch-and-release crime issues caused by the bail system.
After Canada’s 13 provincial and territorial premiers sent a letter urging Prime Minister Justin Trudeau to re-examine bail reform, Public Safety Minister Dominic LeBlanc and Justice Minister Arif Virani said the feds have already done their part and now provinces must do the same.
“We listened to the provinces and territories when they asked for changes to the Criminal Code — now they need to step up and enforce the law,” reads a joint statement from Virani and LeBlanc. “Provinces are responsible for the administration of bail, and more needs to be done to make sure police and prosecutors have the tools they need for effective monitoring and enforcement.”
The country’s 13 premiers recently called for a review of the implementation and application of Bill C-48, including an analysis of bail data since the bill was enacted.
“We urge the federal government to consider any necessary changes related to both bail and sentencing, including further legislative amendments, to ensure that the spirit of the commitments made during the special meeting of Federal-Provincial-Territorial Ministers responsible for justice and public safety on this topic are fully reflected in the application of this law,” wrote the premiers.
Virani and LeBlanc said that when Bill C-48 was passed last year, all provincial requests were addressed and community safety was prioritized. They added that $390 million is being transferred to provinces and territories through the Gun and Gang Violence Action Fund. Virani and LeBlanc also touted the Liberals’ most recent gun control bill, C-21.
The National Police Federation joined the premiers by calling for a data-driven approach to bail reform last summer.
“The current ‘catch and release’ system and lack of data-informed processes, supports, and monitoring compromises public safety across Canada, and increases safety risks for members of the RCMP, and all police,” said the president of the federation, Brian Sauvé.
Provinces fund and operate the major courts that hear bail hearings. Decisions to detain or release any person accused of a crime while they await trial are made by the police or by the courts. The Charter of Rights and Freedoms recognizes reasonable bail as a constitutional right.
While initially discussing bail reform following the premiers’ initial letter sent to the prime minister in Jan. 2023, all levels of government agreed to improve data collection.
Bill C-48 introduced an amendment that established a reverse onus on those facing charges to prove why they should be released on bail. The bill also requires courts to include an on-the-record statement that they considered the safety and security of the community when making a bail decision.
The premiers said that Bill C-48’s amendments have made valuable progress, but clearly more needs to be done.
They pointed to the death of Tori Dunn, a B.C. woman allegedly killed by someone released from jail just days before the assault, despite the accused having a lengthy criminal history and facing current criminal charges for an unrelated robbery.
“Provincial prosecutors had urged that he not be released into the community. Clearly, in this case, Bill C-48 failed to keep a violent offender from posing a serious risk to public safety,” wrote the premiers.
Documents provided to True North by the Parole Board of Canada show that Adam Troy Mann, the man charged with Dunn’s killing, was transferred to maximum security for poor behaviour during his previous conviction. A psychological risk assessment conducted in 2014 on Mann showed that he had a 76% probability of “violent recidivism.” As of 2019, Mann had 21 charges on his criminal record.
“We extend our deepest sympathies to Tori Dunn’s family. Her death is a tragedy,” said Virani and LeBlanc.
