Ontario Premier Doug Ford has spent years calling on the Liberal government to reform bail laws. Now that Ottawa has passed Bill C-14, Ford must act swiftly to ensure the changes deliver the results the public demands.
Key Steps for Ford and Attorney General Doug Downey
Two main actions are needed to make the reforms stick. First, the province must overhaul training for judges and justices of the peace. Current training devotes little time to instructing bail hearing officials on when and how to deny bail and detain an accused awaiting trial.
Second, Ontario needs to update the manuals issued to police and Crown prosecutors. Provincial Crown attorneys will be responsible for arguing for measures such as applying reverse onus on accused individuals facing certain violent offences.
The province and Attorney General Downey have been reluctant or slow to make these changes. However, the passage of Bill C-14 provides all the political cover needed—the law has changed, and the directions given to the system must change accordingly.
How Trudeau's Liberals Undermined the System
Bill C-14 not only expands instances where reverse onus applies in bail cases but also allows judges to consider whether the accused faces other outstanding serious charges. The fact that the law previously did not permit this indicates how far the system had strayed from sanity.
In 2019, the Trudeau Liberals passed Bill C-75, which changed the criminal code to instruct judges and justices of the peace to give primary consideration to releasing an accused at the earliest reasonable opportunity and on the least onerous conditions. That single change led to horrific outcomes, with violent repeat offenders arrested and released almost immediately to commit more crimes.
Tepid Changes Before Real Reform
In 2023, under pressure from provincial governments of all political stripes, the Liberals made mild bail system changes but did not go far enough. The revolving door continued, bad headlines persisted, and the Liberals refused further action.
Now that C-14 has passed, changes take effect 30 days from this past Tuesday. While progress should begin, it is difficult to credit the Liberals—it would be like applauding an arsonist who puts out the fire.
Bill C-14 makes it harder for repeat and violent offenders to obtain bail and imposes tougher sentences, which is a positive development. However, it will require more space in already overcrowded jails. Fortunately, Premier Ford is already expanding the jail system.
“We want to send a message to the judges. Don’t hold back, send them to jail, and we’re going to take care of them,” Ford said earlier this year.
His government faced criticism over projections that the jail expansion plan could cost up to $4 billion. “Those billions of dollars is well invested to make sure our communities are safe,” Ford said, adding that he is building basic jails, not “Four Seasons hotels” for inmates.
Building these jails, funding them, and supporting the court system are all vital to ensuring the success of the C-14 changes. Equally important is changing the instruction and direction given to police, Crown attorneys, and judges.
