Jack Hauen

Reporter

High-ranking police representatives made arguments in favour of a stricter bail system in Ontario, citing the number of people who were out on bail for firearm-related offences and then allegedly committed more of the same.

Seven people accused of shooting homicides in Toronto last year were out on bail for a firearm offence at the time of the killings, Toronto Police Chief Myron Demkiw told Ontario's Standing Committee on Justice Policy on Tuesday. The city had 44 deadly shootings in total.

"These statistics should be viewed in the context of illegal firearms offences being one of the most significant public threats to our communities," he said.

The committee is hearing recommendations from police, criminal lawyers, legal organizations, civil liberties experts and First Nations representatives on Tuesday and Wednesday about reforming the province's bail system for those accused of violent or firearm-related crimes.

Police were up first on Tuesday. Other experts will present later in the day and on Wednesday.

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The federal Criminal Code governs the bail system itself, but Ontario and its police forces have jurisdiction over enforcement — for example, what to do with someone who breaches their conditions — and other court matters.

John Cerasuolo, the president of the Ontario Provincial Police Association, said the current bail system is one of "catch-and-release."

"Over the many years, many of my officers have complained bitterly to me about having to apprehend the same criminals time after time, when the criminals were once again released rather than being held in custody until their charges were dealt with," he said.

OPP Commissioner Thomas Carrique said it's causing a morale problem. It's "the most challenging time in my 33-year history with recruiting police officers," he said.

Mark Baxter, the president of the Police Association of Ontario, said the reliance on sureties isn't working. Friends or relatives will promise to pay money if an accused person violates their bail, but they rarely have to follow through, he said, calling for mandatory deposits.

"In 27 years of being a police officer in northern Ontario, I have never seen a surety held accountable for whatever they put up," Cerasuolo said.

Many of the cops' asks of the province were for more money.

Nearly every officer called for more resources for police to track down people violating their bail conditions or for simply doing "compliance checks."

York Regional Police Chief Jim MacSween said that bail courts are delayed because they're overburdened and that more Crown resources — including training for judges — are needed to get people speedy trials.

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MacSween, who is also the first vice-president of the Ontario Association of Chiefs of Police, said he and his colleagues have "concerns" with using GPS monitoring devices instead of keeping people charged with violent crimes in jail.

Cerasuolo said the devices should be standard for every person accused of a violent or firearm-related crime out on bail.

He added that the Crime Stoppers program needs more cash for public outreach.

The Toronto and Durham Region police have created a database that tracks all repeat violent offenders who are out on bail, Carrique added. The Ministry of the Solicitor General is speaking with them about expanding it province-wide, which would also help, he said.

"Because right now, if I am charged in the city of Toronto, I am brought before the court, I'm released on bail, and now I go and choose to reside in North Bay, there's no mechanism for the OPP officers in North Bay to know that I am residing in North Bay," Carrique said.

MacSween also called for a reverse onus system — where the accused would have to show the court why they can be trusted while on bail — for firearm possession, repeat violent offences and intimate partner violence offences. That would have to be done by the federal government.

Carrique stressed that the reforms should only be applied to repeat violent offenders with previous firearm or intimate partner violence offences.

"It is not a blanket change we are asking for. It's purposeful, with restricted scope, very focused on public safety, as it relates to those who are out on conditions," he said.

The committee is holding the hearings after politicians and police renewed their calls for a tougher bail system when OPP Const. Grzegorz Pierzchala was killed in late December. The accused was 

Premier Doug Ford has advocated a "throw-away-the-key" 

The committee will write a report based on these hearings next month.

Police representatives spoke to the Standing Committee on Justice Policy on Tuesday.

Ontario cops make case for stricter bail system for repeat violent offenders

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