It’s a pleasure to rise to participate in the debate on the motion before us today—actually, now on the subamendment to the amendment to the motion that is before us today on bail reform. This might surprise the government House leader, but certainly the subamendment that he has put forward is something that is supportable. We made very clear from the outset our intention to support the motion. Our amendment was intended to focus the direction that we are giving to the federal government to deal with the real issues that were brought before the committee and to honour and respect the input that MPPs who participated in those standing committee hearings on bail reform heard. So we are here today.

The standing committee hearings were undertaken in the wake of the tragic murder of OPP Police Constable Pierzchala back in December.

I want to begin by offering my deepest condolences to Constable Pierzchala’s family and his co-workers—to police officers across this province who put their lives on the line in the service of our communities and die to protect us. We know that we have to do whatever is necessary to keep police officers safe, but we also need to ensure that we are keeping our communities safe from violent repeat offenders, which is what this motion, as amended by the government House leader, calls for.

I want to quote from some of the input that was provided at the committee, and in particular the input from the Ontario Association of Chiefs of Police. They said very clearly: “Our message to you today as police leaders is this: We want to look at ways to improve how the bail system addresses repeat violent offenders, firearms offences and intimate partner violence. This is an issue that cannot be addressed in isolation and requires a coordinated, multi-faceted approach involving all levels of government and criminal justice system actors, including federal legislative reform to the bail provisions in the Criminal Code; provincial amendments to the Ministry of the Attorney General’s policies, guidelines and directives on bail; and sufficient resources and funding from all levels of government to ensure adequate staffing and expertise in bail courts, improved training, and sufficient police resources to enforce bail compliance.”

In light of the Ontario Association of Chiefs of Police highlighting the gaps in our bail system in terms of repeat violent offenders, those who are convicted of firearms offences and intimate partner violence, I want to highlight some of the recommendations of the Renfrew coroner’s inquest. My colleague the member for Toronto Centre spoke to this when she brought her amendment to the floor. There were a number of recommendations that came through that coroner’s inquest process that deal specifically with bail reform. We’ve been waiting since June, since that coroner’s report came out, to see a meaningful response from this government to all of the 86 recommendations of this report—well, 78 of the recommendations were specific to the government of Ontario, and then there were some additional recommendations for the federal government. Many of the 78 recommendations that deal with the Ontario government address some of the concerns about our bail system in this province.

The number one recommendation that should be very easy for this government to move forward with, that people at the gender-based-violence agencies have been calling for in the wake of those horrific murders in Renfrew, those horrific femicides—the first recommendation was to declare intimate partner violence an epidemic. Making that declaration would allow the kind of cross-ministerial consultation that would be necessary to look at all aspects of what’s contributing to intimate partner violence as an epidemic, including some of the flaws in our bail reform system.

The coroner recommended that there be a review and amendments where appropriate of the language that is used for bail and probation conditions in intimate partner violence cases. That was one of the recommendations that was made by the coroner, and that would go a long way to protecting people who are at risk of intimate partner violence.

The coroner also called for a universal records management system that would be accessible by all police services—federal, provincial, municipal, military, First Nations—with appropriate access to all intimate partner violence stakeholders, including probation, the chief firearms officer, crown’s offices, Ontario Court of Justice, Superior Court of Justice, correctional institutions, and parole boards.

Another one of the coroner’s recommendations is to ensure that survivor-informed risk assessments are incorporated into the decisions and positions taken by crowns relating to bail, pleas, sentencing, and eligibility for early presentation programs.

Another one is to establish policies making it clear that, absent exceptional circumstances, those assessed at high risk or where the allegations involve strangulation should not qualify for early intervention. Crowns should also consider a history of intimate partner violence whether or not convictions resulted when determining whether early intervention is appropriate.

And then finally—I talked about the recommendation regarding standard language templates for bail and probation conditions, but the coroner’s report detailed all of the factors that should be considered in those standard language templates and those decisions on bail and probation.

Looking at enforceability; a plan for removal or surrender of firearms and the possession and acquisition licence; residence distance from victims; keeping probation aware; safety of current and previous victims; possibility of a “firearm-free home” condition; past disregard for conditions as a risk factor—these are all actions that this government could have taken months ago, in the wake of the coroner’s report, and could be taking today.

Instead, we have this motion before us—which, as I said, we will support—calling on the federal government to take action on meaningful bail reform. We are, as we have said, in agreement with this motion, but we are going to use this opportunity to highlight some of the actions that the government could be taking to keep all Canadians and Ontarians safe from violent repeat offenders.

Going back to the Renfrew inquest, I want to share some of the comments that were made by Nathalie Warmerdam’s son Malcolm Warmerdam. Nathalie was one of the victims in the Renfrew femicide. He has been very clear in calling for a system that isn’t just for catching monsters. He spoke to the Renfrew inquest and he told them that he wanted jurors to know “how complicated this situation was—that Basil,” the perpetrator, “had the capacity to show us both the good and bad in him. I knew if the jury made recommendations based on somebody they couldn’t see any good in, we would build a system that wouldn’t stop the people perpetuating these harms. We have to build a system that isn’t just for catching monsters, because most folks won’t see them as monsters until after tragedy strikes. That doesn’t do anybody any good. What we want out of this inquest, I told the jury, are recommendations that make everyone safer—even perpetrators.”

We heard some of that same incredible compassion and insight that was shared by Andrea Magalhaes, the mother of 16-year-old Gabriel, who was tragically killed in a TTC station. I don’t know if others saw the column in the Toronto Star on Friday by Edward Keenan. The headline is, “Andrea Magalhaes, Devastated with Grief for Her Murdered Son Gabriel, Had the Clarity to Demand Supports for People in Crisis. We Should Heed Her Words.” He wrote: “Summoning a clarity of thought and expression I cannot fathom at what is certainly the most painful moment of her life, she has demanded more mental health support for people in crisis, more investment in physical and mental health, more housing. ‘More needs to be done to help people in crisis, more needs to be done so people don’t get to the point where they are in crisis,’ she told CBC radio this week.”

We have a system—not just a bail system, but a correctional system, a mental health and addictions system—that does not provide those supports that are needed in our province.

One of the things that was shared with the committee as they were doing the hearings on bail reform was the reality of our correctional institutions in Ontario, the reality of the number of people who are in remand at our correctional institutions: 70% of inmates at Ontario provincial correctional institutions have not been charged with a crime. They are awaiting bail or they’ve been denied bail, but they are waiting for trial. They are waiting for justice. Those inmates are experiencing deplorable conditions that harden them to being rehabilitated when they leave those institutions.

Today I talked to Kevin Egan, a class action lawyer at McKenzie Lake, a law firm in London. He is leading a class action proceeding against the government of Ontario on behalf of inmates at Elgin-Middlesex Detention Centre. He repeated some of the input that was shared with the committee about the reality of our corrections systems. He said that some inmates incarcerated in EMDC who have not been found guilty—who are not guilty—will plead guilty even if they are innocent just to get out with time served, because the conditions there are so deplorable, because of the huge length of time that people are waiting to get a bail hearing or to get a trial. He had some great suggestions that would be fully within the purview of this government. He said, “Why aren’t we talking about using technology, using ankle bracelets for non-violent offenders to get them out of our correctional facilities and try to relieve some of that incredible overcrowding in our correctional institutions?” The Elgin-Middlesex Detention Centre is two and a half times over the capacity that it was designed for, and as a result, inmates at EMDC are living in inhumane conditions, with overcrowding and no access to rehabilitation. He said this just fosters disrespect for the law when these inmates eventually leave the detention centre.

So there are many things that this province could do immediately that would help relieve that backlog of all of these people who are waiting to receive a bail hearing or waiting for trial.

I want to share a couple more of the deputations, the written submissions that were provided to the Queen’s Park committee that was looking at bail reform.

The Toronto Police Association said, “While we may revisit our bail system, and while we may make amendments to shift priorities, the reality is that reasonable bail is a constitutional right, and many people will return to their communities until such time as they have their day in court....

“We as the police also need resources to track these individuals down proactively” when they are out on bail and fail to appear in court.

The Congress of Aboriginal Peoples noted, “There are problems with our bail system. They are excessive, punitive conditions, and people continue to wait for a long time before their day in court.”

So we do have to look at how to ensure that people have access to bail hearings, and also to ensure that violent repeat offenders are—that there are measures in place to protect the public, and women in particular. I mentioned at the outset the three women who were killed in Renfrew—but to protect vulnerable populations from the highest-risk, most dangerous offenders.

We heard from criminal defence lawyers who highlighted some of the problems with legal aid. They said that one of the main sources of delays in accessing bail hearings is the number of defendants appearing in court without legal representation or duty counsel to help them navigate the bail system. When unrepresented people arrive at bail court and their case is not heard, they are returned to detention, a time-consuming exercise that can occur multiple times. “The system cannot work more efficiently without adequate staffing and resources for legal aid.”

The Law Society of Ontario said, “Clearing the backlog should be a priority. The ministries that would be responsible would be the Ministry of the Attorney General and Ministry of the Solicitor General. These ministries need the resources in order to deal with the causes of the backlog. They need the resources to deal with getting disclosure out in criminal prosecutions and the resources to be able to identify the most serious cases that pose a risk to community safety and be able to prioritize them.”

Speaker, these are all issues that can be dealt with immediately by this government, that could have been dealt with in the budget that was released a week and a half ago, that was debated all last week. These are the actions that Ontarians are calling on this government to take.

I want to close just with giving a shout-out to London Police Service in my community and the advocacy that London Police Service has been doing in partnership with CMHA, St. Joseph’s Health Care, the paramedic services. They have all been collaborating on the COAST program, which diverts police response to people who are in mental health crisis. London is waiting for stable, permanent funding for that program. A lot of comparable-sized cities already have that program in place.

These are the kinds of programs that would really make a difference, that would respond to the plea that was made by Gabriel’s mother and by others in Ontario for a compassionate response to violence in our communities.