Justice Committee on Oct. 21st, 2025

[Ari Goldkind]

That's such a good question. I know it's not a juicy answer, and we're tight on time. It is something I've never understood. I see it happen the fifth of never. Maybe it's done once in a blue moon, when there's so much public pressure because the person has a Bernardo-adjacent name. I mean, you don't get that many names. I can tell you that defence lawyers bring them all the time. There's a court literally dedicated to defence lawyers bringing bail reviews.

I almost never see it, but that's me answering for myself. I really think the tools are there and they should be used by the Crown attorneys.

[James Maloney, Liberal, Etobicoke—Lakeshore, ON]

Unlike you, Crown attorneys have the resources—at least they get paid—to bring these applications. You might be doing it for free or because your legal aid certificate has been denied.

My last question, probably, is with respect to the delay surrounding bail hearings. We've heard from other witnesses too about the two or three days and how Crowns will have 25 bail hearings in one day but they only get through 10, etc. Are there situations where bail hearings are then waived and you come to an agreement with the Crown prosecutor because it's expedient in the circumstances?

[Ari Goldkind]

Yes. You work on something that's likely time served or something that's much shorter and sharper. I can tell you that I go nuts—I know that's not parliamentary language—when a court closes at 3:30 or tells me we won't start a bail hearing at 3:45. I literally go ballistic.

[James Maloney, Liberal, Etobicoke—Lakeshore, ON]

For those people for whom bail hearings are waived and they get out, they're still out on bail. They would fall into the statistical category of people out on bail if they were to commit another crime. Is that correct?

[Ari Goldkind]

Maybe I misunderstood your question. Are you saying that the bail hearing is waived and the Crown consents because they haven't had their bail hearing reached?

[James Maloney, Liberal, Etobicoke—Lakeshore, ON]

Yes.

[Ari Goldkind]

That does tend to happen, but I think in fairness to my friends the Crown attorneys, they wouldn't pull that trigger if they felt the person was dangerous. They would just think they're close to the end of their sentence and for an extra day or two it's not in the interest of justice to keep them in.

[James Maloney, Liberal, Etobicoke—Lakeshore, ON]

But it does happen that it would fall into that category of statistics.

[Ari Goldkind]

I'd have to say that across Canada, I'd be shocked if I could tell you that it doesn't happen. Of course, lawyers negotiate every day, trying to do the best they can with the limited deck of cards they have.

[James Maloney, Liberal, Etobicoke—Lakeshore, ON]

Thank you very much.

[The Chair, Liberal, Marc Miller]

Thank you.

Mr. Fortin, you have two and a half minutes.

[Rhéal Fortin, Bloc, Rivière-du-Nord, QC]

Thank you, Mr. Chair.

Mr. Goldkind, I find our discussions to be very interesting.

Crown prosecutors don't often seek a review of parole decisions. Do you think that could be because the courts are already backlogged with a lot of cases they can't rule on within the time required by the Supreme Court in Jordan and because of all the conditions?

Does the backlog in the courts partly explain why the Crown doesn't often seek a review of parole decisions?

[Ari Goldkind]

Well, I think it should. I think too many things are held for a bail hearing. I'm giving you a very natural defence lawyer answer now. Sometimes Crowns make you have a bail hearing that takes up half a day or a quarter of a day for somebody whose release they should have consented to. But I can tell you that on the—

[Rhéal Fortin, Bloc, Rivière-du-Nord, QC]

Thank you, but I have to interrupt you because we only have two minutes. I'm sorry for being rude.

[Ari Goldkind]

Of course.

[Rhéal Fortin, Bloc, Rivière-du-Nord, QC]

In your opinion, do you think the justice system is underfunded?

Given that the administration of justice is a provincial competency, shouldn't we pressure the government to send more money to the provinces so they can fund the justice system?

Would that go some way toward fixing the problem we're discussing today?

[Ari Goldkind]

Given the time pressures we're under, I think it never hurts to have more funding.

I'm somebody who thinks taxpayer dollars should be respected, but when you have the Toronto Regional Bail Centre, at Finch and Highway 400, which was created and built to do nothing but bail hearings, having 37 bail hearings in the line and only four or five getting done in a certain day, that, to me, is ridiculous. That's my answer to your question.

[Rhéal Fortin, Bloc, Rivière-du-Nord, QC]

Thank you, Mr. Goldkind.

I have one last question for you. I have about 30 seconds left.

Could electronic bracelets be used more often in bail or parole cases? It's problematic because of the presumption of innocence.

Would you please comment on that? Are electronic bracelets a good idea or not?

[Ari Goldkind]

It's a very important tool.

To your question, courts now are looking less favourably upon that given the number of people cutting them off or violating them, but it is an important tool, particularly for someone who doesn't have a surety, because you may not know this, but the government—you may know this, obviously, as you're the government—actually funds those, so it's not the way it was a year ago—

[Rhéal Fortin, Bloc, Rivière-du-Nord, QC]

I am not the government.

[Ari Goldkind]

Well, if not.... Okay. I take it back. My mistake, but you understand where I think I am.

[Rhéal Fortin, Bloc, Rivière-du-Nord, QC]

Yes.

[The Chair, Liberal, Marc Miller]

Hopefully, he never is in this country. He doesn't want it either—

[Voices]

Oh, oh!

[Ari Goldkind]

That's an inside joke. I don't get that inside joke, so I'll stay out of that.