Prince Albert Provincial Court. (File Photo/paNOW Staff)

By Jaryn Vecchio

Change it or don't change it?

Sask. lawyers concerned with CPC wanting an already tough bail system to be even tougher

Mar 7, 2023 | 5:00 PM

Many people across Canada want to see the country’s bail system be tougher, however, some lawyers believe this will do more harm than good.

The biggest push for change is coming from the Conservative Party of Canada (CPC) which claims cities have become “crime zones” and the bail system is to blame as it’s allowing too many dangerous offenders back on the street.

They specifically want to see judges stop releasing violent, repeat offenders and ensure people who are prohibited from possessing firearms do not easily get bail.

Brian Pfefferle, a criminal lawyer based in Saskatoon, told paNOW Saskatchewan jails are overcrowded, but it’s mostly because many people are already being denied bail.

“There are people who are dangerous and need to be locked up,” he said. “It’s a constitutional right that they are given reasonable (chance) at bail.”

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According to Pfefferle, 1,131 of the current people in a Saskatchewan jail are there because they’ve been remanded into custody, which ultimately means they haven’t been found guilty of a crime. The current prison population in the province is 2,038, meaning 55 per cent of prisoners are still presumed to be innocent.

If it becomes even harder to get bail, Pfefferle only sees this causing more problems for jails that are already dealing with capacity issues. More importantly, he believes denying someone the chance of getting bail violates that person’s rights.

“I had a case in Prince Albert a number of years ago where an individual was charged with homicide, he was denied bail, and he was ultimately acquitted by the jury,” Pfefferle said. “He had the shackles removed and he walked out of there after spending two years in custody. That’s liberty that was lost and never regained.”

Estelle Hjertaas, a legal aid lawyer based in Prince Albert, agreed with Pfefferle when it came to the strain on prisons a change like this could have.

“I don’t think we need to focus on making bail more restrictive,” she said. “People who commit serious offenses who shouldn’t be out on bail have already been denied bail.”

There are multiple cases being highlighted to push this point across. This includes the shooting death of an Ontario police officer last year with one of the alleged perpetrators having been released on bail and prohibited from having a firearm.

Though not specifically about bail, people were outraged to find out that the man behind the mass-stabbing spree on the James Smith Cree Nation had previously been paroled despite having a lengthy criminal record.

“It’s a horrible thing, those sorts of events are very tragic and I’m not downplaying that, but our system needs to look big picture and we can’t let isolated hard cases change the law,” Pfefferle said. “The bail system isn’t the problem. I just see this as an oversimplification political debate that has stemmed from unquestionable tragic scenarios.”

When asked what the issue is if it’s not the system, Pfefferle couldn’t pinpoint one specific reason. He did mention mental health could be a reason why crime is up.

Meanwhile, Pfefferle does believe changes will be made due to many people highlighting these hard cases. Depending on what changes, he wouldn’t be surprised if lawyers across the province appeal the decision.

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Jaryn.Vecchio@pattisonmedia.com

On Twitter: @princealbertnow