The federal government admitted that it doesn’t keep track of people out on bail at the national level.
Prime Minister Justin Trudeau has been responsible for sweeping reforms to Canada’s justice system, which his critics claim have paved the way for a catch-and-release policy.
In 2019, Bill C-75 amended the Criminal Code, the Youth Criminal Justice Act and other Acts “to reduce delays in the criminal justice system” and “to make it more modern and efficient.” Despite these changes, there remains no method by which to test the results of whether the changes have led to improved outcomes.
The Bill aimed to “modernize” and “simplify” the bail process—in part, by explicitly enacting a “principle of restraint” for pre-trial release.
In Canadian bail law, the “principle of restraint” refers to the idea that courts should use the least restrictive measures necessary when imposing bail conditions.
When questioned by True North on whether or not any national statistics on bail exist to determine whether the principle of restraint was effective in balancing bail efficiency with public safety, the Department of Justice Canada confirmed they do not:
“The Department of Justice is limited in its ability to study trends in bail over time due to the unavailability of national data,” a media spokesperson for the Department of Justice confirmed to True North.
“Primary data collection related to court operations, including bail, is a responsibility of the provinces and territories,” the Justice Department spokesperson further explained.
In Canada, the administration of courts and the appointment of judges are divided between federal and provincial governments, as outlined in the Constitution Act, 1867.
However, this only applies to the administration and operation of the courts. Judges must still apply federal laws, including those set out in the Criminal Code of Canada.
In 2022 alone, 256 people were murdered by a criminal who was out on release, while violent crime increased by 39 per cent.