BC’s bail system — and the justice system, overall — has been a hot topic for years and many people question why suspected offenders can be so quickly released from custody.
For years, media has been covering stories related to crime in Metro Vancouver, and around the province, and shedding light on how some violent and repeat offenders are back on the street within hours or days.
An example of this is a recent stabbing in Vancouver’s Yaletown neighbourhood where a suspect was released days after the incident.
We contacted the BC Ministry of Public Safety for comment on that story. It referred us to the Office of the Attorney General, which referred us to the BC Prosecution Service (BCPS). Fortunately, the BCPS gave us some information that might offer transparency and understanding of how the system works.
To some degree, BC as a province can only do so much.
- You might also like:
- "Trail of blood": Victim of Vancouver stabbing thought he was going to die
- BC government announces a plan to combat prolific career criminals
- Plastic bullets fired in dramatic downtown Vancouver arrest
How does BC’s current system work?
According to the BC Supreme Court, if someone is arrested and not released by police, they will be brought in front of a judge or judicial justice within 24 hours of their arrest.
Here, a judge decides to either release the arrested person and set conditions for that release or keep them in custody until the trial date.
In 2022, the BC government announced plans to combat the issue of repeat offenders. The announcement was spearheaded by David Eby, the current BC premier, who was the province’s attorney general and minister of housing at the time.
While the BCPS does not disclose its decision-making process about specific cases or share details about the evidence gathered via police investigations, a section of the Canadian Charter of Rights and Freedoms pertaining to the bail system offers additional clarity. BCPS says that section 11(e) “guarantees that any person charged with a criminal offence is entitled to be released on reasonable bail terms.”
“In other words, there is a presumption in our bail system that those charged with offences will be released on a form of bail unless there is sufficient cause for a detention order,” the BCPS told Daily Hive.
“Section 515 of the Criminal Code sets out a ‘ladder’ of increasingly onerous forms of bail, and an accused person is entitled to be released on the least restrictive form of bail warranted in the circumstances,” it added.
The BCPS also said, “The Supreme Court of Canada has provided guidance through its decisions in this area.”
“Unless detention is necessary to ensure an accused’s attendance in court or there is a ‘substantial likelihood’ of an accused committing a criminal offence or otherwise interfering in the administration of justice while on bail, a judge is required to release an accused,” the BCPS states.
Further, it adds, “Conditions are crafted by the court to adequately minimize this risk. If there are allegations of breaches of those conditions or allegations of a new criminal offence, then the person can be arrested by police and brought back to court, this time in a ‘reverse onus’ situation, which means the burden shifts to the accused to justify their release.”
What came of BC’s plan to combat repeat offenders?
Premier David Eby (Government of BC)
As we mentioned, BC saw the problem of repeat offenders as something that needed to be addressed in 2022. Eby assigned several experts to the case.
In partnership with the BC Urban Mayors’ Caucus, Eby hired Doug LeParde and Amanda Butler to conduct an investigation. LeParde is the former Vancouver Police Department deputy chief, while Butler is a health researcher with a PhD in criminology.
Before the investigation results were revealed, Peter Juk QC, the assistant deputy attorney general for the province at the time, wrote a letter defending the system.
“No system is perfect, however, and public confidence in the criminal justice system is vital to its success. Public scrutiny, informed discussion, and reasoned debate help to ensure that our criminal justice system is functioning properly,” Juk wrote.
The investigation resulted in a report with the following recommendations:
- Bringing back the prolific offender management program that ran from 2008 until 2012. The program had success bringing together community partners such as police, mental health and community support service providers to monitor and help offenders break the cycle of repeat offending and was shown to reduce repeat offending by as much as 40% in the first year;
- Establishing a dedicated provincial committee to coordinate support for people with complex healthcare needs in the criminal justice system; and
- Supporting work by the BC First Nations Justice Council to develop a pilot program based at the Prince George First Nations Justice Centre to better support Indigenous people who come into conflict with the law.
In November 2022, BC launched a new Safer Communities Action Plan.
Part of that plan was pressuring the federal government.
“The Safer Communities Action Plan complements the BC-led action with other provinces and territories to pressure the federal government to address the consequences of changes to the federal bail system that have made it more difficult to hold people who commit repeat, violent offences in custody while they are waiting for trial.”
It worked. Pressure from the provinces led to the federal government making changes to “strengthen” the bail system.
The federal government states that “a proper functioning bail system respects and upholds the rights guaranteed by the Canadian Charter of Rights and Freedoms, including the presumption of innocence, the right to liberty and the right not to be denied reasonable bail without just cause.”
According to the Pax Law Corporation, judges face the challenge of treating individuals accused of crimes fairly while balancing public safety concerns.
“The bail system in British Columbia is designed to allow individuals accused of a crime to remain free while awaiting trial, provided they do not pose a significant risk to society or themselves. The principle underpinning the bail system is the presumption of innocence until proven guilty, ensuring that individuals are not unduly punished before their day in court,” Pax adds.
Pax also states that people who commit violent crimes and offences that involve significant harm to individuals or property are more likely to be denied bail or might be offered a release with more “stringent conditions.”
Pax says that someone’s community standing could affect the process.
“The accused’s ties to the community, such as family connections, employment, and residence stability, also play a significant role in bail decisions. Strong community ties can indicate that the accused is less likely to flee and more likely to comply with the conditions set by the court.”
So, judges face an arduous task to ensure an accused criminal’s rights are protected while ensuring the public remains safe.
But as Juk stated, no system is perfect.