Bob Runciman, Progressive Conservative opposition leader in Ontario, is right to say our bail system needs review – in fact our entire criminal justice system needs review – but that analysis must be at an elemental level. Mr. Runciman is wrong to focus on details -- the system as a whole needs change and change at the Federal level. We must move beyond fears that changes to the system are too difficult to make.
Bail was designed nearly 140 years ago to deal, in a summary fashion, with release of accused during the brief period between arrest and trial. Legislative amendment since 1869 has updated the law but not changed its fundamental premises. Justices considering bail do the best they can – but they consider bail in a context of the late 1860’s.
Even in the 1960’s the time between arrest and trial was always brief – a few months for a first degree murder. Today, it is common for the period between arrest and trial, at least for serious matters, to be 18 months or more. The decision to grant bail, inevitably, is colored by the realization that a refusal to grant bail can lead to a lengthy prison sentence for someone who has not been, and may not be, convicted of a crime.
The underlying federal legislation governing bail needs to be revised to protect society and the rights of accused. This will require ensuring that criminal trials really do take place promptly and that will require an overhaul to the system as a whole. More than mere tinkering is needed. To make the necessary changes our justice system players will have to overcome a cultural watershed – our system is well established but quite dysfunctional.
Changes can be made. Ontario’s “Justice on Target” shows what can be done locally but we need federal leadership. The need to change our system is not a matter of being “tough on crime” or politics at all – it is a matter making the system work. We know what must be done; we now need the courage to do it.
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Canadian Justice - Practical Guide
Why doesn’t McGuinty's government put more time effort to catch and lock up real criminals?
a) Criminals are the most reliable source of unreported revenues that are not subjected to taxation.
b) Courts and jails are an effective mechanism of extortion of and transfer of excessive profit made by the criminals from the criminals to their handlers.
c) criminals cannot generate unreported revenue while they are in jail and this is why in order to keep revenue stream going their time in jail has to be kept to minimum.
d) drug trafficking, theft, and credit card fraud are most profitable forms of revenue generation followed by white collar crime, this is why it is imperative that criminals who are arrested and charged for above mentioned offences have to be released on bail ASAP
e) illicit drug use is the is the greatest generator of unreported revenue (skimming of drug dealers) of legal system in Canada, therefore it is imperative that this revenue base must be expanded by introducing children at an early are to the use of mind altering drugs therefore provincial. Government's policy of "screening" children for disruptive behaviour, labelling them as ADD or ADHD and forcing them to get hooked on legally prescribed "speed" Ritalin must be expanded.
f) Existing drug junkies must not be willified by the legal system, quite the opposite legal system must assist them in securing safe places to shot up and put pressure on government to provide them with clean needles.
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On the other hand:
a) Breaking up of families and jailing fathers are the most reliable source of "legally reported" revenues that are subjected to taxation.
b) Family Courts, FRO and jails are effective mechanisms of extortion and transfer of wealth accumulated by the families from the law abiding citizens to the thieves and blood suckers disguised as family lawyers, psychologists, psychiatrists, custody assessors, social workers etc.
c) thieves and blood suckers disguised as family lawyers, psychologists, psychiatrists, custody assessors etc cannot generate revenue without martial discord and all initiatives aimed at destruction of family bonds must be explored and implemented
d) false allegations of family violence are most profitable forms of revenue generation followed by false allegations of sexual abuse and this is why in order to keep revenue stream going all false allegations of violence and sexual abuse must be vigorously prosecuted and people making such false allegation must never be punished
e) issues of custody of children and child support are the best and most secure forms of generating "legally reported" revenue stream and this is why it is of paramount importance that the custody of a child should always be granted to the parent that is least capable of financially supporting that child as such approach guarantees revenue generating discord for many years after dissolution of the marriage
f) issues of child abuse (physical and sexual) are also very secure forms of generating "legally reported" revenue stream and this is why it is of paramount importance that the custody of a child should always be granted to the parent who is found to be most abusive as such approach guarantees revenue generating discord and need for psychological and psychiatric treatment for many years after dissolution of the marriage
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