Make judges accountable. Sounds reasonable, at least to some.
That’s what Premier Doug Ford proposed on Monday and some people are upset that he’s trying to interfere with judicial independence.
Ford was announcing the province’s purchase of helicopters for police services when he went off on a tangent. Just the week before, 18 people had been arrested on 150 different charges of auto theft and carjacking, at times while allegedly using guns.
At least two of the 18 people charged were out on bail when they were arrested again, while five were charged with breaching probation. By the time Peel Regional Police held their news conference to announce the arrests, nine were already out on bail again.
That set Ford off on judges and justices of the peace who he feels are being too lenient.
“I’ve just directed our attorney general, we’re going to start measuring the bail because it’s out of control right now,” Ford said.
“We have some of the greatest JPs and judges in the country and I love the justice system, the court system, but there’s some that continuously give people bail. Not once, twice, three times, four times, five times.”
Ford said that he’s tired of hearing about people arrested for a crime who are then released on bail, only to charged for similar crimes again.
“I’d like to measure how many of those people are getting out on bail,” Ford said.
That’s not an unreasonable idea. Measure what is happening, so that the government has more than anecdotal evidence.
The idea that the government would measure what judges are doing is considered outrageous to some in the legal industry, though. That includes defence lawyers whose job it is to get criminals out no matter what.
“We shouldn’t be basing decisions or policy positions on anecdotal evidence or apocryphal tales told by your police buddy,” Ottawa lawyer and Ford critic Michael Spratt told Village Media.
Of course, in calling for things to be measured, that’s the opposite of relying on anecdotal evidence. Spratt knows that, but his political opposition to Ford, which is well documented, appears to overshadow reason when it comes to criminal justice and bail.
Speak to police, prosecutors or even judges or justices of the peace and you will hear about the horror stories. Judges and JPs will tell you, quietly, that they are under intense pressure to release anyone arrested as quickly as possible.
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In fact, that is what the law calls for thanks to changes to the Criminal Code made by the Trudeau Liberals in 2019. Under Bill C-75, anyone hearing a bail case is instructed to follow the principle of restraint and release people as soon as possible.
“In making a decision under this part, a peace officer, justice or judge shall give primary consideration to the release of the accused at the earliest reasonable opportunity and on the least onerous conditions that are appropriate in the circumstances,” the 2019 change to the law says.
Late last year, under intense pressure from provincial governments across the country, the Trudeau Liberals agreed to limited bail changes. It is clearly not enough.
Ford has been accused of threatening the independence of the judicial system simply for wanting to collect data. For his part, Ford said that judges — like politicians, police chiefs or prosecutors — should be held accountable.
“There has to be accountability at all levels,” Ford said. “Right from the prime minister, the premier and police chiefs and the courts. Courts are not exempt. They have to be held accountable for the decisions they make.”
Put that statement to most judges or defence lawyers and you will hear outrage. Put that statement to most average citizens and you will hear agreement.
It’s common sense.