Legal Aid concerned by government’s bail reform plan

Legal Aid Manitoba (LAM) is expressing concerns about the Canadian government’s bail reform plan, saying it will disproportionately impact those dealing with socio-economic challenges.

Under the Government of Canada’s new plan, it intends to introduce reverse-onus bail for major crimes, allow consecutive sentencing, restrict conditional sentences for a range of sexual offences, and impose harsher penalties for retail theft.

In a news release on Monday, LAM emphasized that it’s not against bail reform but wants to ensure that it won’t encroach on Canadians’ human rights.

“One of the fundamental protections under the Canadian Charter of Rights and Freedoms is the right to the presumption of innocence until proven guilty,” said Peter Kingsley, Legal Aid Manitoba’s executive director.

“Bail reforms must not impede on this in any way; presumption of guilt cannot enter the equation.”

LAM said targeting retail theft could be harmful to those with substance abuse issues, poor mental health, and those who are struggling financially.

It added that removing judicial discretion will impact those who are unable to afford expensive bail plans, noting that those with socio-economic challenges may not be able to work through reverse onus and support complicated release plans.

“The effect will be more disadvantaged Canadians behind bars, larger burdens on the courts, and reduced access,” Kingsley said.

LAM suggested that there are alternate ways to allow for bail and decrease the chance of repeat offences, including GPS monitoring bracelets, increased oversight and support, and culturally sensitive conditions in Indigenous communities.