BC’s former solicitor general is calling on the federal government to make further changes to bail laws to address the harm being done by repeat offenders. It’s been an issue for some time, with the former solicitor general saying its about time.
“The system is designed to find a resolution other than court time,” says Mike Morris. “And if you can deal the case away, if you can find some way not to take it through the system, because it costs money and it takes prosecutor time. But I think over the years, that has led to a deficiency in our prosecution services, in dealing with trials.”
But the legal community says treading down this road can be tricky.
“The Supreme Court of Canada has ruled in two cases very recently that bail is essentially a constitutional guarantee,” says Kyla Lee, attorney with Acumen Law. “And it is only as a last resort that somebody can be held in custody pending the outcome of their case. And even before that, it’s the last resort, before custody is cash bail. So we’re looking at a very high standard to actually keep somebody’s liberty restricted in a way that prevents them from participating in society.”
