The group shot down allegations that access to bail exacerbated crime
The Canadian Civil Liberties Association has urged the federal government to support attempts to reform bail legislation with standardized data.
The group pushed back against allegations that access to bail spurred crime, pointing out in a press release that “no government has provided evidence that shows otherwise.” At present, 72 percent of provincial and territorial prisoners are being denied bail, a 13 percent increase compared to 2015.
Charges for offences such as break and enter and motor vehicle theft are typically highlighted in efforts to limit bail; however, break and enter charges dipped by 11 percent in the past five years. Meanwhile, motor vehicle theft charges declined by 10 percent in the same period.
“No government currently tracks alleged reoffending by people on bail. As we told the federal justice minister in a meeting with him last month, thousands of people every year receive bail and are not charged with an offence on release, yet they are erased from the debate,” said Shakir Rahim, CCLA’s criminal justice program director, in a statement.
In June, the CCLA presented its recommendations on future bail-impacting legislation to justice minister Sean Fraser, public safety minister Gary Anandasangaree, and secretary of state (combatting crime) Ruby Sahota in a letter. Its first point called for bail system modifications to be rooted in evidence, highlighting the reverse onus provisions in Bill C-48 (2023).
The group also called for the federal government to spearhead a plan to collate bail system data, driving evidence-based policymaking. It also encouraged the government to consult with the public on bail legislation, including criminal justice experts and organizations working with racialized communities.
“It is critical any legislation is studied by committee in the House, where individuals and organizations with diverse perspectives can provide their input as part of the democratic process. In a controversial move, Bill C-48 passed without House committee study,” Rahim wrote in the letter.
Finally, the CCLA indicated that bail legislation should not be lumped into an omnibus, supply, or budget implementation bill; rather, such laws should be handled as standalone bills.
