Ontario police associations once again call on feds to fix the bail system

Associations representing 35,000 police officers across Ontario are once again calling on the federal government to take action when it comes to bail reform.

The Police Association of Ontario (PAO), the Ontario Provincial Police Association (OPPA) and the Toronto Police Association (TPA) issued a joint release one day after 23 people were arrested and 16 firearms seized during a shootout in the Toronto’s west end that led to close to 100 shots being fired. Among those arrested was a young offender who had three firearms prohibitions.

“Only through sheer luck were none of our members injured during this most recent incident. With dozens of bullets flying aimlessly, it could have ended differently for any innocent bystander,” said TPA President Clayton Campbell. “Our members are increasingly frustrated and angered as they continue risking their lives to apprehend repeat violent offenders. How many more incidents must occur before the federal government recognizes and responds to the urgent reality on our streets?”

The associations also point to many other recent instances of people being re-arrested shortly after being granted bail, including the December 2022 shooting of Const. Grzegorz Pierzchala. The man alleged to have committed the crime was out on bail for assault and weapons charges.

“This incident in Toronto could have had a very different result. Luckily, it didn’t. But it should serve as a call to action for the federal government to fix our bail system so repeat and violent offenders can’t continue to harm our communities while out on bail. Stricter bail policies for repeat and violent offenders prioritize the safety and security of our communities,” said PAO president Mark Baxter.

The three groups say while effective bail reform needs to strike a balance between public safety and the rights of the accused, the public expects that violent and repeat offenders be kept in jail instead of continuing to harm their communities while they await trial.

“We call on the federal government to take immediate, decisive action to bolster community safety by reforming bail laws to prevent repeat violent offenders from returning to our streets, enforcing stringent penalties for violations of court orders, and redirecting resources from ineffective gun bans to address the smuggling of illegal firearms,” said OPP Association president and CEO John Cerasuolo.

Premier Doug Ford has long fumed about what he considers a weak criminal justice system that results in a revolving door for chronic criminals. He’s promised to build as many jails as needed to keep criminals “behind bars for a long time” and announced the creation of “bail compliance teams” that assist police forces in tracking down those who’ve broken bail conditions or are unlawfully at large.

However, following his latest rebuke in the wake of a Toronto police officer being shot, the Minister of Justice and Attorney General of Canada put the ball back in Ontario’s courts, pointing out that the administration of bail is a provincial responsibility and that the province needs to step up and ensure that the courts and prosecutors are well resourced.

“Doug Ford also needs to ensure that there are enough spaces in provincial detention facilities to house people in custody awaiting trial. It’s time to stop deflecting and start enforcing the laws we’ve already passed in collaboration with them,” Arif Virani said last month.

The federal government’s bail reform legislation, Bill C-48, became law earlier this year. The law expands “reverse-onus” provisions, meaning instead of a Crown prosecutor having to prove why an accused person should stay behind bars until trial, the person who has been charged has to show why they should be released.