This House of Commons committee meeting on justice and human rights studied bail, sentencing, and the handling of repeat offenders. Witnesses included Theresa Donkor (Canadian Association of Black Lawyers), Nyki Kish (Canadian Association of Elizabeth Fry Societies), Melanie Webb (Canadian Bar Association), Shakir Rahim (Canadian Civil Liberties Association), Catherine Latimer (John Howard Society of Canada), and Marc Roskamp (Chief, St. Thomas Police Service).
Theresa Donkor argued that stricter bail and sentencing laws lack empirical evidence and would not improve public safety, noting that Toronto police reported decreases in shootings, auto theft, and homicides. She recommended investing in data collection, appointing more judges, funding legal aid, and addressing root causes of crime through social services and mental health programs.
Nyki Kish emphasized that prisons are costly and counterproductive, often worsening the behaviours they aim to correct. She advocated for community investment and programs like Ontario's bail verification and supervision program, which costs a fraction of incarceration, and stressed that rehabilitation and reintegration are more effective than punitive measures.
Melanie Webb stated that the Criminal Code's bail provisions already balance public safety with accused rights when applied correctly, and she proposed streamlining bail hearings through bifurcated processes and requiring leave to cross-examine sureties. She disagreed with using the notwithstanding clause and urged focusing on rehabilitation and addressing inefficiencies in the system.
Shakir Rahim highlighted that 76% of people in provincial jails are legally innocent and awaiting trial, and he argued that bail debates are driven by rhetoric rather than evidence. He called for standardized data collection on reoffending while on bail to inform future reforms, noting that crime rates in cities like Montreal and Vancouver have decreased.
Catherine Latimer noted that the justice system already has tools for repeat violent offenders, such as dangerous offender designations, and that tougher penalties do not deter crime. She urged using the federal framework to reduce recidivism and recommended a comprehensive overhaul of pretrial detention, including better bail supervision and support programs.
Marc Roskamp argued that Bill C-75 and Bill C-48 have weakened judicial accountability and led to repeat violent offenders being released multiple times, citing that 33% of charges in his community were for failing to comply with court orders. He supported replacing the principle of restraint with public safety as the priority, adding reverse onus offences, and requiring Superior Court judges to decide bail for certain repeat offenders.
During questions, members pressed witnesses on balancing public safety with accused rights. Donkor, Kish, and Webb emphasized that rehabilitation and addressing root causes are key, while Roskamp stressed the need for stronger judicial discretion and accountability. Rahim and Latimer called for evidence-based reforms and data collection, with Latimer noting that bail has become harder to obtain despite falling crime rates. The committee also briefly discussed procedural matters regarding scheduling for Bill C-9, with members agreeing to continue the current study alongside the bill.
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