Thank you, Madam Speaker. I was not aware that “hell” was an unparliamentary word to use. I can think of other things I would like to say even worse than that, but how the heck was this man on the streets?
The killer was arrested several months earlier on a number of charges, including possession of a prohibited weapon. There was also a warrant for his arrest for charges from the previous year when he had failed to attend court. Instead, he was out on bail, a paltry bail at that, a measly $4,500. How could this be? How was he not detained in custody on any of the existing grounds already within the law to ensure his attendance in court, to protect public safety, and to maintain confidence in this justice system.
Sadly, hindsight is 20/20. The court never heard anything about his lengthy criminal record, his complete disrespect in the past for the courts, his failure to appear, his ignoring of court orders, and the like.
Now here we are today, wishing to correct this Criminal Code, and we are astonished that the Liberal government will not.
Section 515 of the Criminal Code lays out the rules regarding what is known as bail in Canada. Formally it is known as judicial interim release. Subsection 515(10) lists the reasons justifying why the accused should remain in custody. It also addresses issues around the need to ensure the accused's attendance in court, to protect public safety, and to maintain confidence in the administration of justice.
When judges are faced with determining whether an accused should be kept in jail or not, we would think that they would take into consideration whether the accused has failed to appear in court on a previous occasion. Can the accused be trusted? Is the accused facing, but not yet convicted on, other charges at the same time? It is hard to imagine, but the current law does not require that the judge in the case be made aware of these types of things. It is unbelievable.
Clause 1 of the bill would amend this. Its goal is the maintaining of confidence in the administration of justice, specifically—