“If you want to change the system, law schools will happily accept you, train you, and you can work towards a policy job in justice or work as a crown prosecutor.“
While I understand this sentiment, it’s not a logical argument to suggest people can have 0 critiques of a system unless they’re willing to change it themselves. We can’t all do everything. Don’t like the war in gaza? Become a top ranking American official and influence change? Don’t like corporate greed and injustices against developing nations? Become an exec at H&M then. Concerned about policing? Guess you have to be the police chief.
The everyday citizen can still call on our civic leaders to bring about change and expect them to be the ones to change this as it’s their job that we pay them for. Of course those in positions of power are also supposed to be experts and are likely much more informed about solutions than the public. But when things aren’t working, and people can tell, the experts need to seek solutions.
And I think that’s where Canada is at. A boiling point of frustration at the elite politicians and courts who often are protected from the consequences of their policy choices by their own wealth and privilege.
The slippery slope arguments you lay out are logical fallacies. “You want heroin users and violent criminals arrested and not released on bail? What’s next, sharia law and alcohol outlawed?”
No one called for that… but 20 years ago we had a legal system that was functioning much better than it is today at protecting innocent civilians from repeat offenders out on bail. It needs to change.
The bail system isn't as bad as sensationalists on this forum seem to believe. The boiling point is seemingly a result of a change in society after the pandemic that thinks they understand everything about a system or issue without really understanding anything. The notion that the system is broken is also a logical fallacy. There are other factors than the justice system - pharmaceutical drug use has skyrocketed exponentially in the last several years. There is a vast separation of how the law operates and how the public
thinks it operates. As for bail:
First, there are multiple forms of bail, each varying in restrictiveness. These include release without conditions, release with conditions, recognizances (a promise to pay if conditions are breached), recognizances with deposit, and surety releases. It’s not simply a matter of “cash bail.”
Second, in most cases, bail is granted through mutual consent of the Crown and defence. The accused typically does not need to appear before a judge for a contested show cause hearing to secure interim release. In many cases, bail is straightforward and not all that risky.
Third, when the accused is charged with a non-violent offence (most summary or hybrid offences), the Crown bears the burden of justifying any restrictions on the accused’s liberty, including pre-trial detention. Conversely, where the charge involves a violent offence or a special designated offence (treason), the default position is that bail is denied unless the accused can show cause for their release. Relevant prior criminal history, risk of flight, strength of the Crown’s case, and public safety are core considerations in determining whether bail is granted or restricted. Careers “criminals” wouldn’t often succeed in a show cause hearing.
Fourth, bail isn’t only a matter of humanitarian concern, it’s
essential to the proper functioning of the criminal justice system. Pre-trial detention is expensive, strains judicial and administrative resources, and creates logistical difficulties for COs. It increases trial delays/limits access to counsel, overwhelms correctional facilities (which means more staff turnover and lockdowns), results in more civil proceedings (habeas corpus applications, judicial review applications actions, regulatory complaints, civil suits). Bail also allows accused persons to continue working, caring for dependents, and fulfilling other legal and personal obligations while awaiting trial.
Finally, the vast majority of individuals released on bail do not commit further, non-administration of justice criminal offences. Most breaches involve violations of bail conditions….for example, someone charged with impaired driving who is ordered not to drink alcohol may be found drinking and thus breach their conditions, even if they do not commit a new offence. The career criminal scenario isn’t actually happening in most cases. When breach of bail does happen, it is largely not showing up to court on time or failing to report to a police officer.
Hopefully no one here is subject to being falsely charged with a criminal offence.The
Charter is important, more so if you are incarcerated via pretrial detention. Your access to mount a defence decreases significantly.
It's not just snapping ones fingers and saying bail needs to be fixed; the problem is more nuanced and complex than that. The point of my original post was that you can't just fix the justice system easily nor is it the only problem. Drugs of today aren't the same as even 20 years ago. There are other roots, particularly the lack of control of drugs by multiple border agencies in different countries that will continue to exacerbate the issue. Until we figure out how to control the flow of meth and fentanyl, there
are going to be problem people in downtown's across the country. Toss the existing ones in jail and there will be new people to replace them. Likewise, cut off part of a criminal enterprise and it will be replaced. Instead of alcohol, crack, weed, etc, we now have meth, oxy, fentanyl and other pharmaceutical drugs that have much more extreme human responses. If we truly want to fix this issue, people are really going to need to
completely understand the issue thoroughly to ensure we fix the right things instead of pointing the finger at things that aren't necessarily the issue.