Let me give you an example. I'm a first-time offender. I've been arrested for theft over $5,000, and I'm in court. This isn't a real example; this is hypothetical, by the way. I'm in court this afternoon at one o'clock. I'm released on bail because I have good character references, it's a first offence, etc. Within the next three months, before my substantive charge gets to trial, perhaps I violate that recognizance 17 times. It could be any number of things. It could be possession of credit cards. It could be a “no-go”. It could be consumption of alcohol. It could be any one of those conditions. I have violated 17 times, I get arrested 17 times, and I face 17 charges of breach of recognizance in addition to the substantive charge.
What we have seen is that my counsel will negotiate a plea of guilty of perhaps a lesser included offence to that theft under. Maybe a theft over goes down to a theft under. The breaches will go away. They will be stayed. I then move jurisdictions to a different province. I commit a similar offence. All Crown is going to see is my conviction for theft under or theft over. They will not see those 17 charges of breach of recognizance. Does my bail hearing have the adequate information in front of them to impose adequate conditions, or would a JJP or a judge who sees that I have a conviction and those 17 stays make a different decision on my bail?
That's the sharing of information. Usually those are provincial record systems, and they don't share.
