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Decentralized Democracy

House Hansard - 152

44th Parl. 1st Sess.
February 2, 2023 10:00AM
  • Feb/2/23 5:03:25 p.m.
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Mr. Speaker, I happened to be in the House when the Conservatives were in government. I was there when the Harper government dismantled the network of community prevention centres and crime prevention programs across this country, even though evidence showed that, dollar for dollar, this was the best way to reduce crime and lower the number of new victims. I want to talk about the current issue of bail. We recognize that justice requires protecting both public safety and the presumption of innocence. It forms the foundation of our legal system. As a lawyer, my hon. colleague knows that nearly two-thirds of those in provincial jails right now are awaiting trial, and the vast majority of those detained have never been convicted of anything. She would know that the current bail system results in far higher rates of pretrial detention for indigenous people, racialized Canadians, new Canadians and low-income Canadians, mainly because they usually lack the resources to fight. The current bail law allows a prosecutor to argue that a person should not get bail if they present a flight risk or a danger to public safety. Could the member tell us why that law is not working today and how she would change it?
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  • Feb/2/23 5:18:54 p.m.
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Mr. Speaker, I know the bail situation in this country does require examination. I think I speak for all my constituents in saying that we all believe that the protection of the public is paramount in these cases, but equally so is the presumption of innocence. When someone is charged with a crime in our legal system, we must assume they are innocent. The current bail law says that a prosecutor can apply to have a person incarcerated prior to trial if they can establish that the person presents a threat to the public. I am wondering if my hon. colleague can tell us why that is not happening. If, as the Conservatives say, dangerous people are being let out on bail, why is it that prosecutors in this country are unable to demonstrate or persuade a court that those people should not be let out on bail?
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