BC Courts Granting Bail in Over Half of Cases Where Crown Seeks Detention: Premier

Nanaimo resident Peter Louhimo asks B.C. Premier David Eby about catch-and-release offenders following the announcement about new hubs that will target violent crime, following a press conference in front of the Provincial Court of British Columbia in Nanaimo, B.C., on April 12, 2023. (The Canadian Press/Chad Hipolito)

B.C. Premier David Eby says that more than half of cases where prosecutors seek jail time for an offence are being turned down by the courts.

Preliminary data from the B.C. Prosecution Service on bail hearings in the province indicate that more than half of the attempts by Crown prosecutors to seek detention for a convicted suspect are rejected by the courts, with judges granting bail instead, Eby said in a statement following a virtual meeting between the country’s premiers and police chiefs on April 21.

“Prosecutors in B.C. only seek detention when they are concerned about the safety of the public, the risk of reoffending and public confidence in the justice system,” he said.

“Canadians are concerned about the crime and violence they’re seeing in their neighbourhoods.”

Eby said the urgent meeting between the Canadian Association of Chiefs of Police and his fellow premiers made it clear that each jurisdiction has to take action and pressure the federal government to implement bail reform.

“The premiers from Canada’s provinces and territories are unanimous in calling on the federal government to implement urgently needed bail reform and expand support to combat guns and gangs in our communities,” he said.

Noting that B.C. police and prosecutors are doing their part within existing laws to reduce crime, he said, “The federal government must act on its promise to amend federal bail laws to address this national risk to public safety showing up in every province and territory.”

Premiers Unite

The meeting between the premiers and police chiefs took place following recent violent attacks in Vancouver, Calgary, Edmonton, Regina, and Toronto. The premiers say they are united in their plan to insist that the federal government take action to combat violent crime.

They premiers previously called for a “reverse onus” bail system, where certain violent crimes would require a suspect requesting bail to make a case for why they should not be say behind bars pending their trial.

Manitoba Premier Heather Stefanson said the federal government has committed to extending the funding for its Guns and Gang Violence Action Fund but has not followed through. The five-year $358.8 million investment announced in 2018 is used by the provinces and territories to tackle gun-related violence and gang activity through public safety initiatives such as prevention, intervention, and law enforcement.

“All of our premiers agree on that front that now is the time to continue that fund,” said Stefanson. “We’re calling on the federal government to ensure that they do that.”

In a statement, the Canadian Association of Chiefs of Police thanked the premiers for discussing the safety of front-line police officers and said “a more concerted and consistent approach is required in all regions of Canada.”

In particular, the association said the federal government needs to “quickly enact legislation to address elements of the Criminal Code and Canada’s bail system to specifically address the issue of repeat violent offenders and those charged with offences involving firearms.”

Audrey Champoux, press secretary for Public Safety Minister Marco Mendicino, said the government will soon have more to say on the Guns and Gang Violence Action Fund.

“We recognize the real risk that police officers face each day,” she said in a statement. “That’s why we agree with premiers that additional action is needed to support police [as they] continue their important work in fighting, and preventing, crime.”

The Canadian Press contributed to this report.