Alberta demands bail changes to keep more 'violent, repeat offenders' locked up

Alberta Premier Danielle Smith watches Minister of Justice and Solicitor General of Alberta Tyler Shandro speak at a press conference after the Speech from the Throne in Edmonton, on Tuesday, November 29, 2022. THE CANADIAN PRESS/Jason Franson

Alberta's justice minister wants Ottawa to repeal a four-year-old bill he argues has "made it far too easy for offenders to get bail" and victimize more people.

The demand comes ahead of a Friday meeting on bail reform between federal and provincial justice officials.

“Bill C-75 directs the courts to release offenders at the earliest opportunity and with the least onerous conditions," Tyler Shandro wrote in a statement.

“We’ve seen the predictable consequences of this play out across the country, as individuals with violent criminal histories have been allowed back into the community, only to cause further social disorder and commit additional violent crimes, including assault and murder."

Bill C-75 was intended to "modernize and clarify" bail provisions in the Criminal Code. It was introduced in 2018 and became law in 2019.

It codified a "principle of restraint" that was affirmed in a 2017 Supreme Court case emphasizing release of people from detention at the "earliest reasonable opportunity" and "on the least onerous conditions," based on the circumstances of the case.

Police were also granted more power to place conditions on accused individuals to streamline the bail process and reduce the number of court appearances.

It also required judges to consider the circumstances of people who are Indigenous or from vulnerable populations.

Shandro said the changes have failed and Alberta unveiled a webpage Thursday demanding tougher bail.

It states that between September 2018 and October 2022, approximately 62 per cent of adults accused of a serious and/or violent crime were granted bail after a hearing office appearance.

Roughly 28 per cent of adults under bail supervision were remanded at least once because of bail violations and/or incurring new charges between 2021 and 2022.

“The law on bail is fundamentally unsound and must be reformed. This can only be done through federal legislation," Shandro said. “With public security rapidly deteriorating, the best time to act was years ago. The second-best time is now."

Alberta is not alone in its demand for reform.

Earlier this year, the premiers of all 13 provinces and territories called on the feds to establish a "reverse onus" system for firearm offences that would require a person seeking bail to show why they should not be kept behind bars.

"Do we need to add a bit more stickiness, if you will, to make it more difficult in certain cases for people to get bail? We have to look at that," Canada Justice Minister David Lametti said this week.

But he pointed out that bail is a fundamental right and any law making it harder to access runs the risk of being contrary to the Charter of Rights and Freedoms.

Lametti said changing bail conditions for repeat offenders with weapons is a measure that could be taken without running contrary to the Charter.

He did not give a timeline for when the Liberal government could make changes.

Alberta's webpage encourages citizens to contact their member of parliament and lobby for bail reform.

The Alberta NDP declined to comment on the issue.

With files from The Canadian Press