The province appears to be blaming the federal government, in part, for a Toronto police officer getting shot in the stomach last week, arguing that its “lenient system created the circumstances.”
It’s the latest comment in the bail blame game, coming after Ontario Premier Doug Ford responded to reports that the man accused in the shooting had been released after being charged with other offences in May.
“The guy accused in this shooting should never have been out on bail. Enough is enough,” the premier wrote on social media on Oct. 3. “The federal government needs to do its job and fix our broken bail system so we can keep dangerous criminals behind bars and off our streets.”
The federal government, meanwhile, is arguing that “the administration of bail is a provincial responsibility.”
“Ontario must step up and ensure their courts and prosecutors are well resourced, that provincially appointed Justices of the Peace are applying the law, and that bail reviews are considered when there are concerns that bail was granted improperly,” said David Taylor, a spokesperson for Justice Minister Arif Virani, in a statement to The Trillium.
Taylor added that the province must also ensure there are enough spaces in detention facilities to house people awaiting trial. The majority of Ontario’s jails are over capacity, with about 81 per cent of inmates awaiting movement through the justice system and presumed innocent.
“It's time to stop deflecting and start enforcing the laws that we passed in collaboration with the provinces and territories,” Taylor said.
The issue of bail reform has become a priority for the PC government over the last few years as reports of violent auto thefts have become more common in urban areas like the Greater Toronto Area. Auto theft and bail reform is such a pressing concern for the premier that a new cabinet position was created over the summer, with Graham McGregor named associate minister of auto theft and bail reform as part of the Ministry of the Solicitor General.
Ford also pledged to begin collecting bail statistics and to keep judges and justices of the peace “accountable for the decisions they make" — which the Canadian Civil Liberties Association immediately criticized for influencing the independence of the justice system.
A spokesperson for the solicitor general’s office said that while the province appoints its own justices of the peace, the federal government is responsible for the Criminal Code.
“They write the instruction manual,” said Chelsea McGee, director of communications for Ontario Solicitor General Michael Kerzner. “Their lenient system created the circumstances that resulted in an Ontario police officer getting shot in the stomach at 5 in the afternoon.”
The Toronto Police Association echoed this statement, saying that ”lax bail and parole reforms are putting our officers and communities at greater risk every day.”
The federal government passed a law last year that would make it harder for repeat violent offenders to be released on bail. Bill C-48 puts the onus on the accused to show why they should be granted bail and applies to suspects charged with weapons-related and intimate partner violence offences.
