Stronger Bail Requirements Announced
The Ontario government is set to introduce legislation November 25 that would require an accused person or their surety to provide a cash security deposit in the full amount ordered by the court.
“The Toronto Police, along with police leaders across the country, have long advocated for reforms that put public safety first, including strengthening our bail system,” said Chief Myron Demkiw at a news conference at police headquarters on November 24. “The fact that ‘fail to comply with conditions’ is the third most common charge associated with firearms offences, reflects how frequently individuals breach the conditions of their release.”
Ontario’s Attorney General Doug Downey said the government has been working relentlessly to build a stronger and safer community.
“I have heard directly from victims of crime, police officers and community leaders who are calling for a bail system that is real, consequential and protects the public,” he said. “We need a stronger bail system that puts the safety of innocent people first and prevents dangerous offenders from cycling in and out of custody.”
By strengthening the province’s bail system, Solicitor General Michael Kerzner said decisive action is being taken to protect communities from violent repeat offenders.
“We can’t have a justice system where repeat offenders are arrested and then out on bail actually on the same day,” he said. “Our government is without precedent in its resolve to make sure that we meet the moment head on with right legislation, regulations, expectation and tone that people trust.”
Whenthe court orders release on a promise to pay, no cash deposit is required.
Kerzner says the proposed new system will require a cash security deposit in the full amount ordered by the court before the accused person is released from custody.
If bail conditions are not met, the money would be forfeited by the court.
The Ontario Government says the bill will help make bail real and consequential, and will also enhance collection tools for garnishing wages, seizure and sale of property liens for accused and surety bail debts.
Associate Solicitor General Zee Hamid said the government will support the comprehensive bail reform strategy with new digital tools to track repeat offenders and those not in compliance with their bail conditions.
This includes creating a digital database, he said, that would increase information sharing between police services and provide a centralized repository for police and prosecutors to ensure that clinical details are available at bail hearings.
Hamid also said the government is considering the idea of a user-fee system for GPS monitoring.
“Ankle bracelets are an effective way to monitor people on bail, but these systems are expensive,” he pointed out. “A user-pay approach would ensure that those subject to GPS monitoring contribute to the cost of the device. Violent repeat offenders continue to put our communities at risk and that is why we are taking decisive action to stop it.”
In 2019, TPS developed a Bail Support team and a bail compliance dashboard to support officers conducting bail checks.
In the last year, the Service conducted over 21,000 checks.
“Right now, we are monitoring over 1,200 offenders on our dashboard, including 677 individuals for firearm offences,” said Demkiw. “We are proud that the Government of Ontario is using our innovative tool to roll out the Provincial Bail Compliance Dashboard across the province.
“Policing in Toronto is extremely complex, and I want to thank our talented members who collaborate across jurisdictional boundaries to support safer communities everywhere. We are truly blessed with amazing members in the policing sector who strive to improve the lives of people across Ontario.”
The Chief said an example of their ongoing innovative work can also be found in the Service’s Firearms Bail Support Team that provides enhanced bail packages for the most violent offenders, ensuring Crown Attorneys have the critical information needed during bail hearings.
The team conducts more than 1,000 surety investigations every year and fills crucial gaps across the Service, stepping in wherever bail investigations intersect with public safety.
“While most community safety indicators in Toronto are down this year, including homicides, shootings and car thefts, we continue to see an alarming amount of young people becoming involved in gun-related activity, with a clear rise over the past several years,” Demkiw pointed out. “So now is not the time to slow down. On the contrary, it is time to press forward, innovate, collaborate and continue our efforts.
“These additional measures announced today to improve bail compliance and keep repeat offenders in custody will make our communities safer. They are essential to protect the public and prevent crime, restore public trust in the justice system and support police officers who see firsthand the harm caused to victims of violent criminals.”
