Then why is there a specific wording imbalance that has created the crisis this country has seen with respect to bail decisions?
Section 493.1 was amended by the Trudeau government in 2019. It reads:
In making a decision under this Part, a peace officer, justice or judge shall—
That's mandatory language.
—give primary consideration to the release of the accused at the earliest reasonable opportunity and on the least onerous conditions that are appropriate in the circumstances—
That's language right out of the Supreme Court.
—including conditions that are reasonably practicable for the accused to comply with
Then at the very end is this tag line:
while taking into account the grounds referred to in subsection 498(1.1) or 515(10)
These are the primary, the secondary and the tertiary grounds.
That is not a balance. That is telegraphing to justices of the peace and judges that the default is the primary consideration regardless of the predicate offence, regardless of the offender's criminal record, regardless of a track record of breaches of the administration of justice and regardless of background overall.
Is the current government open to strengthening the language in section 493.1 when we're dealing with individuals who create a majority of the menace on our streets and continually violate bail conditions? Is the government open to the possibility of amending the language in section 493.1 to ensure that judges are placing equal emphasis on all three grounds enumerated in subsection 515(10)?