Justice committee  It's well documented, not only in the context of bail but in the context of sentencing as well. It's not strict bail that is going to stop someone from committing an offence, just as it's not a long sentence that will deter someone from committing an offence. If we think there's that level of precognition and planning if someone has mental health or addiction issues, then we're deluding ourselves.

Justice committee  I think we strike a very good balance. That's not to say that the system is perfect. Striving for a perfect bail system has resulted in what we found in Ontario. I saw Mr. Naqvi here. When he was attorney general, he launched a number of studies and found that when we're too risk averse and strive for perfection, we end up detaining people inappropriately.

Justice committee  One of the most disheartening things I've seen—and I think every criminal defence lawyer has seen—is individuals who are pleading guilty not because they're guilty or remorseful but because they will do anything to get out of jail. I think I would, given what I know about those conditions.

Justice committee  It does, and perception is something too. When we don't have grown-up conversations that actually deal with the facts and the underlying issues, and we reach to the Criminal Code for quick solutions, the public sees things as bleak and dangerous, when in fact we know from the statistics, especially when it comes to those minor crimes, that we have never been safer.

Justice committee  Yes. We've seen this in bail cases like Antic; but we've also seen it in cases from the Ontario Court of Appeal, in R v. Morris, and the Nova Scotia Court of Appeal, in R v. Anderson. There are systemic issues with respect to overcriminalizing and overincarcerating racialized individuals, especially indigenous individuals.

Justice committee  Yes. Our courts have been very clear at the bail stage and at the sentencing stage. If you are charged with a serious crime, just because you're racialized or indigenous, there isn't a “get out of jail free” card. In fact, there are very harsh punishments, but we do see a system bias.

Justice committee  Sure. I'm not a criminologist. I know you've heard from Dr. Myers and likely from some other criminologists who can provide the data that suggests that it is the case, but what we see in jails is a dehumanizing system that leaves people broken. Someone who is denied bail will lose their job, their housing and their connections with family.

Justice committee  I'll just go one step further. The problem about making generalizations based on specific cases is we don't even seem to have people who care to get the primary facts right about those specific cases. On the tragic death of Officer Pierzchala, reverse onus would fix this, except it was his bail review.

Justice committee  Thank you. My name is Michael Spratt. I'm a specialist certified by the Law Society of Ontario in criminal law. I'm a partner at AGP Law here in Ottawa. I have been practising exclusively criminal law since 2005. Every discussion about our bail system must start with the fundamental constitutional principles that have been enshrined in the Charter of Rights and Freedoms, the presumption of innocence and the right not to be denied reasonable bail without just cause.