A prominent local defence lawyer is raising several red flags over the new and tougher bail reforms introduced by the federal government last week.
Ken Marley told CK News Today that the lack of jail space, court backlogs, and the shortage of judges and prosecutors are definite barriers to accomplishing what the government wants.
Marley said he understands the political motivation behind getting tougher on bail, but quickly added that the jails are already over capacity and the bail reforms won't work unless the lack of jail space is resolved.
"If you increase the number of people who are being held in remand facilities, or if you increase the length of people's sentences, I think the question needs to be where are they going to be housed," said Marley.
Marley said court delays and backlogs, along with a shortage of judges and prosecutors, are also a big barrier, and used the courts in Chatham-Kent as an example, saying it seems to be the most extreme.
"Accused people in Chatham who'd like to have a bail hearing are being told they have to wait between two and three weeks for a bail hearing date just because the court doesn't have the resources to provide bail hearings for those people any sooner," the defence lawyer noted.
The federal government has further changes coming in the next few months to address court delays, strengthen victims’ rights, better protect people facing sexual and intimate partner violence, and keep children safe from horrific crimes.
Marley has some advice for the politicians. He said they should trust judges and justices of the peace to do their jobs and not handcuff them with legislation that was not carefully thought out.
"When parliament considers passing laws like this, they take away the discretion of the people who, first of all, are the right ones to make the decision and, second of all, are in the best position because they're in the court every day," said Marley.
The new bail amendments would require violent and repeat offenders to prove they should be released on bail, instead of the burden of proof falling on the prosecution to deny bail. The accused would be required to clearly demonstrate that their bail plan is reliable and credible to be released on bail.
The proposed changes also direct courts to consider consecutive sentences for offenders with prior convictions for violent crimes, meaning they would serve one sentence after another instead of serving sentences for multiple offences at the same time.
There was no comment from the Crown's office in Chatham-Kent.
