Justice and Human Rights

This House of Commons Standing Committee on Justice and Human Rights meeting studied the bail system, sentencing, and the handling of repeat violent offenders, hearing from Boris Bytensky, President of the Criminal Lawyers' Association; Michael Spratt, a criminal lawyer; and Nicole Myers, an associate professor at Queen's University.

Boris Bytensky argued that the bail system is not lenient and that reverse-onus provisions do not lead to more detention but to slower bail cases and increased delays, which harm public safety by causing accused individuals to lose jobs, housing, and treatment. He recommended Parliament legislate a mandatory right to a bail hearing within 24 hours, outlaw adjournments for matters "not reached," and deem bail not pursued by the Crown if these guarantees are not met, with release subject only to mandatory conditions.

Michael Spratt stated that bail is not easy to get, that conditions are more restrictive than in the past, and that remand conditions are inhumane and increase reoffending. He disagreed with the notion that Bill C-75 caused a bail crisis, arguing it merely codified existing constitutional principles, and he recommended expanding bail supports, funding treatment on demand, and using targeted police checks on high-risk cases rather than mandatory detention, which he said would run afoul of the Charter.

Nicole Myers emphasized that Canada's bail system is the harshest it has ever been, with 76% of provincial jail inmates in remand, and that tightening bail laws would increase the number of legally innocent people in custody without improving public safety. She cautioned against blanket requirements like mandatory detention or three-strike policies, urging the committee to focus on empirically supported reforms such as system minimization and community supports, and she noted that 52% of cases end with all charges withdrawn.

During questioning, Bytensky and Spratt agreed that the system cannot achieve perfect predictions of future dangerousness and that detaining everyone is not a viable solution. Myers stated that bail should be more readily available for non-violent offenders and that multiple convictions should be a factor but not the sole reason for detention, disagreeing with the idea of a "clean slate." Spratt argued that the Crown's ability to appeal bail decisions is working and that the system needs timely hearings and more supports.

The meeting included a lengthy procedural debate on a motion by Larry Brock to study Bill C-9 concurrently with the bail study, with 10 meetings for Bill C-9. After debate, Patricia Lattanzio moved an amendment to reduce the number of meetings for Bill C-9 to five, with the first meeting on October 21, and the committee proceeded to a vote on the amendment.