Manitoba’s minister of justice is convinced there’s a connection between rising crime rates in the province and a federal law called Bill C-75.
Kelvin Goertzen, while answering a question about crime at the Association of Manitoba Municipalities convention on Nov. 22, said Bill C-75 makes it much easier for offenders, including repeat offenders, to get bail.
“Your frustration is felt by many Manitobans. Something has changed in the last two years. We’re seeing increased crime across Canada,” said Goertzen, who participated in the ministerial forum at the AMM convention, where reeves, mayors and councillors can pose questions to provincial ministers.
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“One of the things I’ve raised with the federal government is around Bill C-75…. which essentially makes it almost impossible for Crown attorneys to argue against bail. It makes bail, for even violent offenders, the de-facto position. It happens almost automatically.”
The federal government passed Bill C-75 in 2019, in part because too many people from disadvantaged groups were in remand and not getting bail, the federal justice department says in a summary of C-75.
As well, the federal bail provisions are connected to a Supreme Court decision that said bail conditions should not be “onerous.”
Bill C-75 creates a “principle of restraint for police and courts to ensure that release at the earliest opportunity is favoured over detention.”
The consequence of this change is that more offenders are out on bail and not in jail, awaiting their court date, Goertzen said.
“This issue has gone from about 300 high risk individuals, who are breached their (conditions) while out on bail to almost 1,200 in the last three years (in Manitoba).”
Goertzen was busy during the AMM ministerial forum.
There were four or five questions from rural mayors and councillors in the audience, who are worried about rising rates of property crime and drug-related crimes in towns and villages across Manitoba.
In response, Goertzen explained that the province has created a high risk bail unit to arrest those out on bail who have breached their conditions or have an outstanding warrant.
The bail unit is part of a larger strategy to deal with violent and repeat offenders, announced in early November.
Goertzen isn’t the only justice minister concerned about Bill C-75.
On Nov. 22, BC’s NDP government announced changes to its bail policy, so Crown prosecutors have more leeway to oppose bail in cases that threaten public safety.
The seven page policy explains when it’s appropriate to oppose bail, such as repeat offenders and cases that involved a weapon.
“Speaking to attorney generals across Canada, it doesn’t matter what political stripe they are, they all agree this (C-75) is a big problem,” Goertzen said.
